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

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

The Senate met at 9:30 a.m., and was FOREIGN OPERATIONS, EXPORT We have a number of amendments that called to order by the President pro FINANCING, AND RELATED PRO- are anticipated to be offered that tempore [Mr. THURMOND]. GRAMS APPROPRIATIONS ACT, would be acceptable, and there is really 1997 no reason why we should not be able to The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Under complete this bill today. The leader Chaplain will now deliver the opening then plans to turn to the consideration prayer. the previous order, the Senate will now resume consideration of H.R. 3540, of the VA-HUD appropriations bill fol- which the clerk will report. lowing final passage of this bill. Mr. President, I see the Senator from PRAYER The assistant legislative clerk read as follows: Arizona here. I will yield the floor. The Chaplain, Dr. Lloyd John Mr. LEAHY. Mr. President, if the A bill (H.R. 3540) making appropriations Senator from Arizona will yield. Mr. Ogilvie, offered the following prayer: for foreign operations and export financing President, I wish to compliment the Gracious God, we begin this day in and related programs for the fiscal year ending September 30, 1997, and for other pur- distinguished Senator from Arizona, praying with the psalmist, ‘‘Teach me poses. who had worked with this amendment to do Your will, for You are my God; The Senate resumed consideration of last night and could have asked for a Your Spirit is good.’’—Psalm 143:10. In the bill. vote last night. I asked him if he might a world of people with mixed motives Pending: be willing to withhold while we dis- and forces of evil seeking to distract McCain amendment No. 5017, to require in- cussed it further with him. I know us, we thank You that we know You formation on cooperation with United States there have been some discussions. I are good. It is wonderful to know that antiterrorism efforts in the annual country note that because the Senator from Ar- reports on terrorism. izona showed his usual courtesy and You will our good, seek to help us Coverdell amendment No. 5018, to increase cooperation, I wish to thank him here know what is good for our loved ones the amount of funds available for inter- on the Senate floor. and our Nation. You constantly are national narcotics control programs. With that, I yield the floor. working things together for our good, The PRESIDENT pro tempore. There Mr. MCCAIN addressed the Chair. arranging circumstances for what is ul- will now be 30 minutes of debate equal- The PRESIDING OFFICER (Mr. timately best for us. We never have to ly divided on the McCain amendment DEWINE). The Senator from Arizona is No. 5017. recognized. worry about Your intentions. You The able Senator from Kentucky is know what will help us grow in Your PRIVILEGE OF THE FLOOR recognized. Mr. MCCAIN. Mr. President, I ask grace and what will make us mature SCHEDULE unanimous consent that Greg Suchan, leaders. Mr. MCCONNELL. Mr. President, this a fellow on my staff, be granted the Today, we want to be filled so full of morning the Senate will immediately privilege of the floor during the discus- Your goodness that we will know how resume consideration of the foreign op- sion of H.R. 3540. to discern Your good for our decisions. erations appropriations bill. Under the The PRESIDING OFFICER. Without Bless the Senators. Make them good agreement reached last night, the Sen- objection, it is so ordered. leaders by Your standards of righteous- ate will begin 30 minutes of debate on AMENDMENT NO. 5017, AS MODIFIED the McCain amendment No. 5017 re- ness. Remind us that our Nation’s Mr. MCCAIN. Mr. President, I thank garding antiterrorism efforts. Senators the Senator from Vermont and his staff greatness is in being good. Help us can expect a rollcall vote on or in rela- for working with us last night on this confront mediocrity at any level that tion to that amendment no later than particular amendment. In accordance keeps us from Your vision for our Na- 10 o’clock this morning, if all debate with the previous unanimous-consent tion; recruit us for the battle of ethical time is used. agreement, I send to the desk a modi- and social goodness. We make another Additional amendments are antici- fication of my amendment. verse of the psalmist our life-time pated. Therefore, Senators can expect The PRESIDING OFFICER. The Sen- motto ‘‘May goodness and mercy follow votes throughout the session of the ator has a right to modify his amend- me all the days of my life and I will Senate today. The majority leader has ment. The amendment will be so modi- dwell in the house of the Lord forever.’’ indicated that he hopes to complete ac- fied. tion on this bill today. I might say The amendment (No. 5017), as modi- Amen. that I think that is entirely possible. fied, is as follows:

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

S8741 S8742 CONGRESSIONAL RECORD — SENATE July 25, 1996 On page 198, between lines 17 and 18, insert U.S. interests abroad, such as the Ri- ernments are indeed cooperating with the following: yadh bombing last year or the assas- the United States. INFORMATION ON COOPERATION WITH UNITED sination of two State Department em- Just last week, I met with the family STATES ANTI-TERRORISM EFFORTS IN ANNUAL ployees in Karachi. It would also cover of a young American woman, Alisa COUNTRY REPORTS ON TERRORISM terrorist attacks in the United States, Flatow, who was killed by an Islamic SEC. 580. Section 140 of the Foreign Rela- either by foreign terrorists or domestic Jihad truck bomb in the Gaza Strip tions Authorization Act, Fiscal Years 1988 terrorists operating with foreign as- last year. According to Alisa’s father, and 1989 (22 U.S.C. 2656f) is amended— sistance. For example, if the destruc- Stephen M. Flatow of West Orange, NJ, (1) in subsection (a)— (A) by striking ‘‘and’’ at the end of para- tion of TWA flight 800 proves to be a when President, Clinton sent an FBI graph (1); terrorist act—and at this time we do team to investigate the attack, the (B) by striking the period at the end of not know that it was—the amendment Palestinian authority refused to co- paragraph (2) and inserting a semicolon; and would ensure that we know whether operate with the FBI. ‘‘As a result,’’ (C) by adding at the end the following: other countries are cooperating with Mr. Flatow writes in a letter to me ‘‘(3) with respect to each foreign country the United States in investigating the supporting this amendment, ‘‘the peo- from which the United States Government crash and bringing to justice those re- ple responsible for planning my daugh- has sought cooperation during the previous five years in the investigation or prosecution sponsible. ter’s death have not been appre- of an act of international terrorism against As part of his annual report on ter- hended.’’ United States citizens or interests, informa- rorism, the Secretary of State is al- Mr. President, I ask unanimous con- tion on— ready required by law to report on the sent that at this point a letter from ‘‘(A) the extent to which the government counterterrorism efforts of countries Stephen M. Flatow, of West Orange, of the foreign country is cooperating with where major international terrorist at- NJ, be printed in the RECORD. the United States Government in apprehend- tacks occur and on the response of There being no objection, the letter ing, convicting and punishing the individual their judicial systems to matters relat- was ordered to be printed in the or individuals responsible for the act; and ing to terrorism against American citi- ‘‘(B) the extent to which the government of RECORD, as follows: the foreign country is cooperating in pre- zens and facilities. I believe it would be WEST ORANGE, NJ, venting further acts of terrorism against very useful to add to this report impor- July 15, 1996. United States citizens in the foreign coun- tant information about how foreign Re H.R. 3540. try; and governments are responding to U.S. re- Senator JOHN MCCAIN, (4) With respect to each foreign country quests for cooperation in investigating Russell Senate Office Building, Washington, from which the United States Government and preventing terrorist attacks DC. has sought cooperation during the previous DEAR SENATOR MCCAIN: It was a pleasure against Americans. to meet you last Thursday on the steps of five years in the prevention of an act of Moreover, the executive branch is al- international terrorism against such citizens the Longworth Building. I wholeheartedly or interests, the information described in ready required to provide information support your amendment to the Foreign Op- paragraph (3)(B).’’ and on other countries’ antiterrorism co- erations Appropriations Bill, H.R. 3540, as it (2) in subsection (c)— operation. Section 330 of the recently deals with crimes against Americans in for- (A) by striking ‘‘The report’’ and inserting enacted antiterrorism bill prohibits the eign countries. ‘‘(1) Except as provided in paragraph (2), the export of defense articles or services to Following the death of my 20-year-old report’’; a country that the President certifies daughter, Alisa, in April 1995, President Clin- (B) by indenting the margin of paragraph is not cooperating fully with U.S. ton ordered an FBI team to Israel and Gaza to investigate the circumstances of her mur- (1) as so designated, 2 ems; and antiterrorism efforts. Such cooperation (C) by adding at the end the following: der by the Islamic Jihad. While the Israelis ‘‘(2) If the Secretary of State determines must certainly include investigating cooperated fully, to my family’s chagrin the that the transmittal of the information with terrorists acts against Americans. If Palestinian Authority would not cooperate respect to a foreign country under paragraph such information is reasonable and use- with the FBI team. As a result, the people (3) or (4) of subsection (a) in classified form ful in the context of military coopera- responsible for planning my daughter’s death would make more likely the cooperation of tion, then I see no reason why similar have not been apprehended. the government of the foreign country as information cannot be provided for all It seems now that for the second time the specified in such paragraph, the Secretary other countries who are not the recipi- Saudis are blocking a similar investigation by Americans of a crime involving the may transmit the information under such ents of U.S. defense equipment or serv- paragraph in classified form’’. deaths of Americans. My sympathies are ices. with the families of the victims of terror and Mr. MCCAIN. Mr. President, I thank The State Department has expressed my prayers are for the capture and proper the Senator from Vermont for his co- reservations about the earlier drafts of adjudication of the perpetrator’s guilt. operation. I think we have reached an this amendment, which included a re- I am confident that, with your persever- agreeable resolution to this issue, quirement for certification along the ance, justice will be done. which achieves the goal I was trying to lines of the anti-terrorism bill. Work- Sincerely, accomplish. I think it satisfies the con- ing with the Senator from Vermont, we STEPHEN M. FLATOW. cerns not only of the Senator from Ver- have addressed this concern by requir- Mr. McCAIN. Mr. President, I might mont had, but also of the administra- ing that the Secretary’s report pro- add that this refusal to cooperate with tion. vided information, rather than a cer- the FBI is not mentioned at all in the Mr. President, this amendment would tification. State Department’s 1995 report on require the Secretary of State, as part Another concern raised by the State international terrorism. But this is an of his annual report to Congress on Department is that there may be times excellent example of the type of infor- global terrorism, to provide informa- when other countries, for reasons of mation that I believe the executive tion on the extent to which foreign their own, might not want it made pub- branch should routinely provide to the governments are cooperating with U.S. lic that they are cooperating with our Congress and to the American people. requests for assistance in investigating anti-terrorism efforts. The amendment, I urge my colleagues to support this terrorist attacks with Americans. The therefore allows the Secretary to pro- amendment. Again, Mr. President, this Secretary will also be required to pro- vide this information in a classified is not my original proposal. I would vide information on the extent to manner when it will enhance foreign have liked to have seen a certification which foreign countries are cooperat- countries’ cooperation. process. I understand the concerns ing with U.S. efforts to prevent further But international terrorism is a glob- raised by the Senator from Vermont terrorist attacks against Americans. al problem that must be addressed by and by the State Department. I am The recent terrorist attack in the joint efforts of all civilized states. pleased as always to have the oppor- Dhahran demonstrates the importance If the United States seeks the coopera- tunity to work with him, as, clearly, of cooperation of other governments in tion of other countries in pursuing this issue of terrorism transcends any investigating and preventing terrorism those who commit acts of terrorism party or political viewpoint. against Americans. The proposed against Americans, then I believe the As I said earlier in my remarks, I do amendment would of course cover ter- Congress and the American people have not know if the tragedy of TWA flight rorist attacks against Americans or a right to know whether foreign gov- 800 was an act of terror or not. I was July 25, 1996 CONGRESSIONAL RECORD — SENATE S8743 pleased to note this morning, as we all This legislation reflects the best RECORD for this debate. We have al- were, that the black boxes were recov- compromise that we are able to make ready spent in the debate this morning ered, which, in the opinion of most ex- in the Senate in the committee and a by 10 minutes of 10 more than the per perts, will give us the kind of factual compromise between the distinguished capita income of parts of the world evidence we need to reach a conclusion. Senator from Kentucky and myself in where we help out with sometimes 20 But whether flight TWA 800 was an act this legislation. We had an effort with- cents per capita, sometimes even 25 of terror or not, the reality is that ter- in a very small limit and a very small cents per capita. Are we carrying out ror has now became part of the world allocation. The allocation itself re- our moral responsibility as the scene and the American scene. flected the best efforts of the distin- wealthiest, most powerful nation on Any expert that you talk to will guished chairman of the overall Appro- Earth? clearly state that you could not attack priations Committee, Senator HAT- We can look at pure economic sense. terrorism where the act of terror takes FIELD. It makes little economic sense to us. place. You attack it at the root and the But I think that, Mr. President, we We lose jobs as we cut back. We lose source of the act itself. That means have to ask ourselves at some point export markets as we cut back. But we going to places where the training, just how long we can go down this also have some moral responsibility. equipping, and arming takes place. It road. No matter what the administra- Most Americans waste more food in a also means obtaining the cooperation tion is, Republican or Democrat, we day than a lot of these hungry coun- of every other civilized nation and tak- are going to have to face up to the re- tries, the sub-Saharan countries and ing whatever action is necessary to go sponsibility of world leadership when others, will ever see on their tables. We to the source of this act of terrorism. we are the most powerful and wealthi- spend more money on diet preparations Mr. President, as I said, I am not est democracy known to history. We in this country than most of these na- drawing any conclusions, nor would I have seen steady cuts in the area of tions will ever see to feed their new- advocate any course of action, because foreign aid. Maybe it is politically pop- born children or their families. there is a wide range of options that ular to go back home and talk about So I ask, Mr. President, at some are open to an American President and those cuts, but let us look at what we point when you feel good about the Congress in the event that an act of have with the conservative, tight- rhetoric of going home, Members feel terror is perpetrated on American citi- fisted, anti-foreign-aid rhetoric of the good about the rhetoric of going home zens. Reagan administration. and talking about how they are op- It is instructive to note that some President Reagan’s budgets were al- posed to foreign aid, they ought also to years ago, when there was a bomb in a most 40 percent higher in foreign aid look in their soul and conscience and cafe in Germany, that a previous ad- than President Clinton’s. President ask what they are doing. And, if they ministration was able to identify the Bush’s were. Frankly, those budgets re- are not touched in their soul and their source of that act of terror. A bombing flected reality. The rhetoric did not re- conscience, then also talk to the busi- raid was mounted and successfully car- flect reality. The budget reflected more ness people in their State and say: ‘‘We ried out in Libya, and since that time, reality. But we have been so caught up are doing this even though we are cut- Mr. Qadhafi has been rather quiet. It with the rhetoric. The rhetoric of the ting off your export jobs, even though does not mean that Mr. Qadhafi has Reagan administration rarely reflected we are cutting out American jobs by abandoned his revolutionary zeal, but their spending priorities. But we have doing this.’’ There is an interesting op-ed piece in it was certainly a cautionary lesson to gotten so caught up with the rhetoric the Burlington Free Press of July 24 by Mr. Qadhafi and his friends. that we have now made the spending George Burrill, and I ask unanimous I do not say that is the remedy in priorities a reality. As a result, we are consent that it be printed in the every case of an act of terror. I think not reflecting our responsibilities. that there are a wide range of options, RECORD. Some are just pure economic sense. There being no objection, the edi- such as economic sanctions and others, If we help in the development of torial was ordered to be printed in the that are open to us. But if we do not these other countries, that is usually RECORD, as follows: act in response to acts of terror, and if the biggest and fastest growing market we do not act in a cooperative fashion, [From the Burlington Free Press, July 24, for our export products. We create jobs 1996] then it is virtually impossible to ad- in the United States. The more exports U.S. FOREIGN AID HELPS AMERICANS AT HOME dress these acts of terror in an effec- we can create, the more jobs we create, (By George Burrill) tive fashion. and our fastest growing and biggest po- Mr. President, I thank my col- Of all the budget cuts enacted last year, tential market is in the Third World. none was more damaging than the reduc- leagues, the Senator from Vermont and That is why Japan and so many other the Senator from Kentucky, for their tions in foreign assistance. Fortunately, the countries spend more money than the hemorrhaging appears to have stopped. The assistance on this amendment. United States does as part of their Senate is now acting on the foreign oper- Mr. President, I ask for the yeas and budget in these other parts of the ations spending bill, which will increase the nays on this amendment. world, because they know that with the funding slightly over this year’s level. In The PRESIDING OFFICER. Is there a James Jeffords and Patrick Leahy, Vermont sufficient second? United States stepping out of that they can step in. They are creating jobs. We is fortunate to have two senators who under- There is a sufficient second. stand the role of foreign assistance in im- The yeas and nays were ordered. lose American jobs. They create Japa- proving the economic security of Americans. Mr. MCCAIN. Mr. President, I reserve nese jobs, European jobs, and other- Both serve on the appropriations subcommit- the remainder of my time. wise. They probably sit there and laugh tee with jurisdiction over foreign operations, Mr. LEAHY addressed the Chair. and cannot understand why we believe and both have supported the programs that The PRESIDING OFFICER. The Sen- our own rhetoric and give up these po- helped create future markets for U.S. ex- ator from Vermont. tential jobs. But they will take them ports. Mr. LEAHY. Mr. President, I believe over. One poll last year showed that nearly six that there is strong support for the Then we have another area, and it is out of 10 Americans incorrectly believed that the U.S. spends more on foreign aid than on amendment of the Senator from Ari- a moral area. We have less than 5 per- Medicare. In fact, the government collects zona. I know that I am one supporting cent of the world’s population; we use only about $11 per person each year from in- it. Again, I compliment him for the ef- more than 50 percent of the world’s re- come taxes to pay for foreign assistance. fort that he has made on this. sources. Don’t we as a country have a Most people know that foreign aid can be I also understand that as a result of certain moral responsibility to parts of humanitarian. But few Americans realize efforts to get some Senators back in the world? that 80 percent of the total foreign assist- here, that we will probably not have In some parts of the world, the an- ance budget is spent right here in the United this vote until 10 o’clock. I know that nual—think about this for a moment, States, on American goods and services— more than $10 billion in 1994. This translates meets the satisfaction of leadership. So Mr. President—in some parts of the to about 200,000 U.S. jobs. For example, I might just make a couple of general world, the annual per capita income of Cormier Textile Products in Maine provided comments on the bill along the lines of a person is less than one page of the tarps for disaster relief and temporary hous- what I did yesterday. cost of printing the CONGRESSIONAL ing in Africa. S8744 CONGRESSIONAL RECORD — SENATE July 25, 1996 Closer to home, I am working on a project nomic assistance of the 1960s—about $18 bil- The result was announced, yeas 96, to enhance the computer capabilities of the lion a year. nays 0, as follows: Egyptian parliament. What kind of comput- America is at a crossroads. We can choose [Rollcall Vote No. 238 Leg.] ers? IBM—which has over 6,000 employees in to make a smart investment now or pay a YEAS—96 Essex Junction. steep price later. The relatively small Today, exports account for 10 percent of amount of money we spend on foreign eco- Abraham Feinstein Lugar the entire U.S. economy—double the level of nomic assistance serves as an engine for our Akaka Ford Mack a decade ago. In 1983, the jobs of five million future economic growth. Ashcroft Frahm McCain Baucus Frist McConnell workers depended on U.S. exports. Today, Mr. LEAHY. So, Mr. President, let us Bennett Glenn Mikulski that number has reached 12 million. go on with this debate, as we will. As I Biden Gorton Moseley-Braun The fastest growing markets for U.S. goods Bingaman Graham Murkowski and services are in the developing world. Be- said, I support the amendment of the Bond Gramm Murray tween 1990 and 1995, exports to developing distinguished Senator from Arizona. Boxer Grams Nickles countries increased by nearly $100 billion, But let us understand that there are is- Bradley Grassley Nunn creating roughly 1.9 million jobs in the Unit- sues here beyond what might be in the Breaux Gregg Pell ed States. Brown Harkin Pressler applause line at a town meeting back Bryan Hatch Pryor This increase in U.S. exports to the devel- home or at a service club meeting when Bumpers Hatfield Reid oping world is no accident. Most of the for- you say, ‘‘By God, we are taking the Burns Heflin Robb eign assistance that we spend on developing Byrd Helms Rockefeller countries today goes toward making them money away from those foreigners and Campbell Hollings Roth good customers tomorrow. The American putting it right here in America.’’ We Chafee Hutchison Santorum economy is growing today mainly because are not doing that really. When we cut Coats Inhofe Sarbanes other countries want and can afford to buy back on all our programs for develop- Cochran Jeffords Shelby Cohen Johnston Simon our products and services. ment and for democracy around the Conrad Kassebaum Simpson U.S. foreign assistance now focuses on en- world, we cut back on the potential of Coverdell Kempthorne Smith couraging six reforms in developing coun- American jobs in export, we cut back Craig Kennedy Snowe tries. Daschle Kerrey Specter First, we encourage reform of developing our own security, we increase the po- DeWine Kerry Stevens countries’ overall economic policy. For ex- tential that our men and women will Dodd Kohl Thomas ample, in the Czech Republic, we assisted in be sent into trouble spots worldwide, Domenici Kyl Thompson the transition from a command economy to but also we ignore our moral respon- Dorgan Leahy Thurmond a free-market system. The United States Exon Levin Warner sibilities as a country with 5 percent of Faircloth Lieberman Wellstone helped the Czech government create a the world’s population using over 50 Feingold Lott Wyden healthy economic environment for investors, percent of the world’s resources. NOT VOTING—4 which included a balanced government budg- Mr. President, I suggest the absence et, low inflation and low unemployment. D’Amato Lautenberg With over 10 million mostly urban and well- of a quorum. Inouye Moynihan The PRESIDING OFFICER. The educated consumers, reforming the Czech The amendment (No. 5017), as modi- clerk will call the roll. economy has meant an 11 percent increase in fied, was agreed to. U.S. exports there between 1993 and 1994. The assistant legislative clerk pro- Mr. LEAHY. I move to reconsider the Second, we encourage developing countries ceeded to call the roll. vote. to dismantle laws and institutions that pre- Mr. MCCAIN. Mr. President, I ask Mr. MCCONNELL. I move to lay that vent free trade. Guatemala now exports spe- unanimous consent that the order for cialty fruits, vegetables, and flowers—and motion on the table. the quorum call be rescinded. The motion to lay on the table was the increased buying power of Guatemalans The PRESIDING OFFICER. Without has meant a 19 percent increase in U.S. ex- agreed to. ports there every year since 1989. objection, it is so ordered. Mr. MCCONNELL addressed the Third, we are helping to privatize state- Mr. MCCAIN. Mr. President, I ask Chair. dominated economies. This dismantling of unanimous consent to add Senator The PRESIDING OFFICER. The Sen- state-run industries is an important means HUTCHISON and Senator COHEN as co- ator from Kentucky. of attracting foreign investment. A $3 mil- sponsors of this amendment. Mr. MCCONNELL. Mr. President, for lion U.S. government to investment to sup- The PRESIDING OFFICER. Without the information of Members of the Sen- port privatization in the Indonesian energy objection, it is so ordered. ate, Senator COVERDELL has an amend- sector has led to a $2 billion award to an Mr. MCCAIN. Mr. President, I suggest ment pending which we are going to American firm for Indonesia’s first private the absence of a quorum. power contract. In fact, the U.S. foreign as- lay aside and immediately go to an sistance budget has enabled U.S. companies The PRESIDING OFFICER. The amendment to be offered by the distin- to dominate the global market for private clerk will call the roll. guished Senator from Maine. energy. The assistant legislative clerk pro- I see Senator COVERDELL is on the Fourth, U.S. foreign assistance encourages ceeded to call the roll. floor. I yield the floor. developing countries to establish business Mr. MCCONNELL. Mr. President, I Mr. LEAHY addressed the Chair. codes, regulated stock markets, fair tax ask unanimous consent that the order The PRESIDING OFFICER. The Sen- codes and the rule of law. Foreign assistance for the quorum call be rescinded. ator from Vermont. helps create the stable business environ- The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, just from ments that U.S. companies need in order to a housekeeping point of view from this cooperate effectively. objection, it is so ordered. Fifth, we are helping to educate a new The question occurs on amendment side of the aisle, if we have Democrats class of consumers in developing regions. No. 5017, as modified, offered by the who have amendments, I wish they When the United States helps educate a pop- Senator from Arizona [Mr. MCCAIN]. would contact me. We want to be as co- ulation, we help develop the skills needed in The yeas and nays have been ordered. operative with the distinguished chair- modern economy and a solid middle class The clerk will call the roll. man as possible and slot these in. I with a vested interest in seeing economic re- The assistant legislative clerk called would be happy to go to third reading forms succeed. the roll. in the next 15 minutes, if we could. I do Sixth, we help build small businesses. Com- munity-run lending programs administered Mr. NICKLES. I announce that the not think that is possible. But I urge by the U.S. government are expanding small Senator from New York [Mr. D’AMATO] Senators to move as quickly as pos- businesses and increasing per capita income is necessarily absent. sible if they have amendments and get in many developing countries. Mr. FORD. I announce that the Sen- them up and go forth. The United States spent relatively more on ator from Hawaii [Mr. INOUYE] and the Mr. MCCONNELL. Mr. President, foreign economic aid in the 1960s and ’70s Senator from New Jersey [Mr. LAUTEN- very quickly, there are 28 amendments than it does today. The economy activity we BERG] are necessarily absent. that we are currently aware of. At are seeing in the developing world is tightly I further announce that the Senator least seven of those we now know we linked to the work the U.S. government car- from New York [Mr. MOYNIHAN] is ab- ried out 20 and 30 years ago. Although the can accept. So we should be able to private sector is ultimately responsible for sent on official business. move along here with dispatch. economic growth, the government’s work is The PRESIDING OFFICER (Mr. I see the Senator from Georgia is on critical. At the very least, our goal should be INHOFE). Are there any other Senators the floor. Mr. President, I yield the to match the mean level of total U.S. eco- in the Chamber who desire to vote? floor. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8745 Mr. COVERDELL addressed the not grant entry visas to any Burmese gov- I am offering this amendment on be- Chair. ernment official. half of myself, Senator FEINSTEIN, and (b) CONDITIONAL SANCTIONS.—The President The PRESIDING OFFICER. The Sen- Senator CHAFEE, and Senator MCCAIN. shall prohibit United States persons from ator from Georgia. new investment in Burma, if the President Let me begin, Mr. President, by stating AMENDMENT NO. 5018 determines and certifies to Congress that, that nothing that we do or say on the Mr. COVERDELL. Mr. President, I after the date of enactment of this act, the floor of the Senate today is going to ask unanimous consent to add Senator Government of Burma has physically magically bring democracy, freedom THURMOND and Senator HATCH as co- harmed, rearrested for political acts, or ex- and prosperity to the long-suffering sponsors to amendment No. 5018. iled Daw Aung San Suu Kyi or has commit- people of Burma. ted large-scale repression of or violence Burma’s history, since gaining inde- The PRESIDING OFFICER. Without against the democratic opposition. objection, it is so ordered. (c) MULTILATERAL STRATEGY.—The Presi- pendence after World War II, has been Mr. COVERDELL. Mr. President, I dent shall seek to develop, in coordination a series of oppressive regimes unable to ask for the yeas and nays on amend- with members of ASEAN and other countries set the Burmese economy on its feet, ment No. 5018. having major trading and investment inter- unwilling to grant the peoples of The PRESIDING OFFICER. Is there a ests in Burma, a comprehensive, multilat- Burma the democracy and justice that eral strategy to bring democracy to and im- sufficient second? There is a sufficient motivated their heroic struggle for prove human rights practices and the quality independence in the years leading up to second. of life in Burma, including the development The yeas and nays were ordered. of a dialogue between the State Law and the British withdrawal. Mr. MCCONNELL. Mr. President, I Order Restoration Council (SLORC) and When decades of isolation and eco- ask unanimous consent that the democratic opposition groups within Burma. nomic mismanagement gave way in the Coverdell amendment be temporarily (d) PRESIDENTIAL REPORTS.—Every six late 1980’s to a transitional period laid aside. months following the enactment of this act, under military rule, there was a slight the President shall report to the Chairmen of The PRESIDING OFFICER. Without glimmer of hope that Burma might fi- the Committee on Foreign Relations, the nally be moving toward a more bright objection, it is so ordered. Committee on International Relations and and democratic future. But stolen elec- AMENDMENT NO. 5019 the House and Senate Appropriations Com- tions, student riots, and the jailing of (Purpose: To promote the improvement of mittees on the following: the lives of the peoples of Burma through (1) progress toward democratization in democratic politicians, including the democratization, market reforms and per- Burma; Nobel Prize winning leader of the de- (2) progress on improving the quality of sonal freedom) mocracy movement, Aung San Suu life of the Burmese people, including Kyi, soon made clear freedom’s day had Mr. COHEN. Mr. President, I have an progress on market reforms, living stand- amendment I send to the desk, and ask ards, labor standards, use of forced labor in not yet arrived for Burma. for its immediate consideration. the tourism industry, and environmental Over the past 5 years, Burma’s mili- The legislative clerk read as follows: quality; and tary junta, the State Law and Order (3) progress made in developing the strat- Restoration Council, or SLORC, as it is The Senator from Maine [Mr. COHEN], for egy referred to in subsection (c). himself, Mrs. FEINSTEIN, Mr. CHAFEE, and called—its acronym—has pursued poli- (e) WAIVER AUTHORITY.—The President Mr. MCCAIN, proposes amendment numbered cies of economic restructuring, leading shall have the authority to waive, tempo- 5019. to economic growth. But its continued rarily or permanently, any sanction referred Mr. COHEN. Mr. President, I ask to in subsection (a) or subsection (b) if he de- oppressive tactics and the oppression of unanimous consent that further read- termines and certifies to Congress that the the forces of democracy, the use of con- ing of the amendment be dispensed application of such sanction would be con- scripted labor, and the quest to pacify with. trary to the national security interests of ethnic unrest in various parts of the The PRESIDING OFFICER. Without the United States. country have all brought us to where (f) DEFINITIONS.— objection, it is so ordered. we are today. (1) The term ‘‘international financial insti- Mr. President, the amendment that I The amendment is as follows: tutions’’ shall include the International On page 188, strike lines 3 through 22 and Bank for Reconstruction and Development, am offering seeks to substitute lan- insert the following: the International Development Association, guage that the Foreign Operations Subcommittee has offered in this bill. POLICY TOWARD BURMA the International Finance Corporation, the Multilateral Investment Guarantee Agency, While I disagree with the subcommit- SEC. 569. (a) Until such time as the Presi- the Asian Development Bank, and the Inter- tee’s approach to the issue, I would dent determines and certifies to Congress national Monetary Fund. like at this time to pay personal rec- that Burma has made measurable and sub- (2) The term ‘‘new investment’’ shall mean stantial progress in improving human rights ognition to Senator MCCONNELL for his any of the following activities if such an ac- longstanding dedication to the issue of practices and implementing democratic gov- tivity is undertaken pursuant to an agree- ernment, the following sanctions shall be ment, or pursuant to the exercise of rights Burmese freedom. It is an issue little imposed on Burma: under such an agreement, that is entered discussed in the Senate until recently. (1) BILATERAL ASSISTANCE.—There shall be into with the Government of Burma or a I think that the considerable attention no United States assistance to the Govern- non-governmental entity in Burma, on or the issue now receives owes a great ment of Burma, other than: after the date of the certification under sub- deal of credit to Senator MCCONNELL’s (A) humanitarian assistance, section (b): (B) counter-narcotics assistance under persistence to this issue. So I want to (A) the entry into a contract that includes commend him for his untiring efforts, chapter 8 of part I of the Foreign Assistance the economical development of resources lo- Act of 1961, or crop substitution assistance, cated in Burma, or the entry into a contract drawing our attention to this issue. if the Secretary of State certifies to the ap- providing for the general supervision and I want to also recognize Senator propriate congressional committees that: guarantee of another person’s performance of MCCAIN and Senator KERRY of Massa- (i) the Government of Burma is fully co- such a contract; chusetts for their sustained involve- operating with U.S. counter-narcotics ef- (B) the purchase of a share of ownership, ment in the debate over America’s forts, and including an equity interest, in that develop- Burma policy. (ii) the programs are fully consistent with ment; Mr. President, the choice today is United States human rights concerns in (C) the entry into a contract providing for Burma and serve the United States national the participation in royalties, earnings, or not whether the subcommittee’s ap- interest, and profits in that development, without regard proach or the one that I am offering in (C) assistance promoting human rights and to the form of the participation; this amendment is going to turn democratic values. provided that the term ‘‘new investment’’ Burma into a functioning democracy (2) MULTILATERAL ASSISTANCE.—The Sec- does not include the entry into, performance overnight. Neither will accomplish retary of the Treasury shall instruct the of, or financing of a contract to sell or pur- that. And it is not a question of who is United States executive director of each chase goods, services, or technology. more committed to improving the lives international financial institution to vote Mr. COHEN. Mr. President, this is of the Burmese people or who has against any loan or other utilization of funds of the respective bank to or for Burma. one of the so-called Burma amend- greater respect for the tireless elo- (3) VISAS.—Except as required by treaty ments. I will take a few moments to quence and courage of Aung San Suu obligations or to staff the Burmese mission explain the nature of what I am seek- Kyi. All of us involved in this matter to the United States, the United States shall ing to achieve. respect Suu Kyi immensely and share S8746 CONGRESSIONAL RECORD — SENATE July 25, 1996 her aspirations for a democratic and have the support of our allies. We will So we cannot compare this to China prosperous future for the Burmese peo- not have the support of our Asian because we do not have that kind of ple. friends. policy leverage over Burma. We do not But the question is, does the ap- Second, Burma is not Iran. Do not have the kind of export-import rela- proach laid out by the subcommittee make that comparison to Iran. The tionship with Burma that we have with increase America’s ability to foster Revolutionary Islamic Government of China, so we do not have the leverage change in Burma and strengthen our Iran is known as a sponsor of terrorism to help in bringing about change. hand and allow the United States to and promoter of sectarian unrest For all of the reasons I am suggest- engage in the type of delicate diplo- throughout the Middle East and be- ing, it is important we create a Burma macy needed to help a poor and op- yond. Not only does Iran flout the policy in tune with the realities of pressed people obtain better living rights of its own citizens, it sponsors Burma today and not the examples of standards, political and civic freedoms, international terrorism, works to un- South Africa, Iran or China. The alter- and a brighter future as a dynamic dermine neighboring governments and native that I offer today sets a course Asian economy—one of the next of the pursues the development of nuclear for a coherent American Burma policy so-called Asian Tigers? weapons. As a result of this, Iran is which upholds our values and, at the I think, Mr. President, with all due largely a pariah state. While we might same time, expresses our interests in respect, the answer is no. By adopting have disagreements with our friends regional stability. It does, however, the subcommittee language the Senate and allies around the world regarding make American values and interests will be sending the follow message: our Iranian policy or our policy toward clear in a way that gives the adminis- That the United States is ready to Iran, there is general recognition that tration flexibility in reacting to relinquish all of its remaining leverage the revolutionary government there is changes, both positive and negative, in Burma; pursuing policies contrary to the inter- with respect to the behavior of the That America is shutting every door ests of regional stability and peace. SLORC. and cutting off all of its already-de- There is no such consensus on the In addition, I hope that the amend- pleted stake in Burma’s future; Burmese junta. While many of their ment I propose would not only allow That the Congress is ready to further neighbors express irritation about the for exceptions to the subcommittee’s bind the hands of this and any future refugee flow caused by the SLORC’s on- proposal, but I want to create some administrations, taking away those going battles with the various ethnic conditionality here, Mr. President. I tools of diplomacy—incentives, both in groups, they view the efforts to oust propose to allow exceptions to the pol- a positive and negative sense—which SLORC as a threat to peace and stabil- icy of no assistance to Burma in three are crucial if we are ever going to hope ity in the region. The subcommittee’s critical areas. to effect change in a nation where our proposal will not make American pol- First, humanitarian assistance: We words and actions already carry dimin- icy more effective or make possible a do not want to impose sanctions that ished clout. more cooperative policy or regional are basically going to be directed All of us deplore the behavior of the consensus in dealing with SLORC. against the people, the Burmese people. Burmese junta. We all sense the plight Let me say that Burma is not China. That is only going to impoverish them of the Burmese people. We know the I do not happen to be a particular sup- more. So I would have no sanctions United States must support the forces porter of the Clinton administration’s across the board in terms of including of democratic change in Burma. I fully China policy in general. A central humanitarian assistance. support the appropriation in this year’s tenet of the policy is that the United Second, there is an exception for foreign operations bill to aid the demo- States can threaten sanctions on Chi- counternarcotics effort. The crats in the struggle. nese exports to the United States in counternarcotics provision, I think, is I think we have to recognize the re- order to convince the government of important, because, as Senator MCCAIN ality of the situation in Burma and our Beijing to live up to its agreements. We has pointed out on so many occasions, influence over there. Burma is not have had a longstanding debate over the real victims of a failure to crack identical to previous situations in our policy with respect to China. I down on the narcotics trade in Burma which the United States has success- know many people might disagree with are the millions of Americans who are fully pressured governments who are the administration’s proposal. harmed, both directly and indirectly, antithetical to our values of democracy I recall, for example, when President by our Nation’s epidemic drug abuse. and freedom. Bush was in the White House, there Burma is estimated to be the source First, let me say Burma is not South was strong opposition coming from the of two-thirds of the world’s production Africa. Burma is not South Africa. Democratic side to having anything to of heroin. So, does it make sense for us Back in the 1970’s and 1980’s, the op- do with China, because we wanted to to eliminate all efforts to have a pressive nature of the apartheid regime impose sanctions because of their ter- counternarcotics program in Burma? in South Africa led the Senate to im- rible record on human rights. I recall Are we not serving our national inter- pose heavy sanctions and isolation to many Members stood on this floor and ests by at least maintaining some pol- end the regime. In order to do that, we talked about the butchers of Beijing, icy consistent with trying to stop the had the support of not only our West- kowtowing to the Chinese, and impos- flow, interdict the flow, find other al- ern European allies but of the front- ing this policy of sanctions. President ternatives for the Burmese people to line nations, those surrounding South Clinton, when he was candidate Clin- replace their crops with other types of Africa, who also lent their support and ton, adopted that policy. Then, when crops? joined in the effort to bring an end to he took office, he saw it was not going My amendment would allow a lim- apartheid. to work. We did not have the support of ited counternarcotics effort in Burma. Unlike South Africa in the 1970’s and our allies. We did not have the support It is certified to be in our national se- 1980’s, Burma is not surrounded by na- of our other friends in Asia. curity interests in accord with our tions ready to shun it. As a matter of So the administration changed its human rights concerns. fact, Burma’s neighbors and other policy toward China, and it is because The subcommittee’s bill would pro- states in the region reject the view of that we have some leverage; we have hibit all counternarcotics efforts in that isolating Burma is the best means considerable leverage because the Chi- Burma. My amendment would not end to encourage change. They are pursu- nese export many billions of dollars of the flow of heroin, but I think at least ing trade and engagement, and will do goods to this country. So now, by en- it does not throw in the towel in an ef- so regardless of what we do or say. gaging the Chinese, we are able to exer- fort to stem that poisonous stream. Those nations over there who are clos- cise some influence in some areas of The amendment I offered recognizes est and in closest proximity are main- concern to the United States, including that, to be effective, American policy taining their relations with Burma, human rights, but also with respect to in Burma has to be coordinated with seeking to bring about change over a our intellectual property rights, which our Asian friends and allies. This is not period of time. Isolating Burma is sim- we feel have been violated time and the case of the unilateral actions of- ply not going to work, and we will not time again. fered by the subcommittee. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8747

Mr. President, I have traveled in re- Mr. MCCONNELL. I thank my col- question about whether South African cent years throughout Southeast Asia, league from Maine for his thoughtful sanctions worked. They worked. Now, I and I have discussed foreign policy, presentation. know there is a feeling around here on certainly, with many of the leaders I know there are some others on the the part of some that sanctions never there. Frankly, they do not see eye to floor who would like to speak. Let me work. The truth of the matter is that eye with our policies. That does not make a few observations here at the sometimes they do and sometimes they mean that we have to necessarily con- outset of the debate. My good friend do not. We have to pursue these issues form our policies to the way in which from Maine mentioned that we had one at a time, in a pragmatic way, and they view the situation in Burma, but consulted with leaders in the area. The consider what is appropriate in a given it does mean that we should look on one leader that we have not consulted country. each and every occasion to consult with is the duly elected leader of I say to my friend from Maine, and with and, when possible, cooperate Burma, Aung San Suu Kyi. Her party others, that we did not start proposing with the other nations of ASEAN, if we won 82 percent of the vote in 1990. She unilateral sanctions the first year. I hope to effect change in Burma. is the legitimately elected head of a have been working on this issue for a It seems to me that we can get on the Burmese Government that has not couple of years, most of the time sort floor, point to the oppression of the been allowed to function. It has not of by myself, because there are no Bur- Burmese junta, and we can satisfy our- been allowed to function because the mese-Americans to get us all inter- selves that we are seeking to punish State Law and Order Restoration ested in this. America is a melting pot, them. But if, in fact, we do not have Council simply disallowed the election, and a lot of Americans who came from the support of our allies, and we do not put her under house arrest until July other places get interested in foreign have the support of those neighbors in 1995, and she still effectively is in that assistance bills. Whether they are Jew- the region friendly to us who are seek- state. They say she is not under arrest ish-Americans, Ukrainian-Americans, ing to work us with on a multilateral anymore, but, in fact, she stays at Polish-Americans, they take an inter- basis, then we can stomp on this stage home most of the time. That is the est, or Armenian-Americans. There are here and produce no visible effect or safest place to stay. She has to sort of improvement on behalf of the Burmese not many Burmese-Americans. So this people. smuggle out messages to the rest of the issue has not been on the radar screen Burma is located in one of the most world. here. But, as a practical matter, this is dynamic regions of the world. It is the So the one leader we have not con- one of the most, if not the most, be- most dynamic region of the world. I sulted, Aung San Suu Kyi, has an opin- cause it ranks up there with North suggest, Mr. President, that we have ion about the proposal in the foreign Korea, repressive regimes in the world. seen the flowering of democracy and operations bill. The duly elected leader It has been 6 years since the election. freedom in parts of the world where of Burma, receiving 82 percent of the The Bush administration did not pay values were quite alien to those that vote, thinks that the approach in the any attention to the election, and nei- we support. We have seen develop- underlying bill is the way to go. Maybe ther is the Clinton administration. The ments, for example, in South Korea the other people in Indonesia, Korea, problem I have with the proposal of my and Taiwan that have proven democ- Philippines, and other places do not friend from Maine—and I know it is racy can evolve out of formally author- think it is the way to go, but the one well-intentioned and popular with the itarian regimes. The same thing can who won the election, the Western- other countries in ASEAN—is that I do happen in Burma. The best way to do style supervised election in 1990, thinks not think it will have any impact, I say that is to adopt a policy which gives that the only thing that will work are with all due respect, because the the President some tools to influence sanctions. present administration has shown no the situation. The subcommittee’s pro- Mr. JOHNSTON. Will the Senator interest in doing anything significant. posal is all sticks, no carrots. What we yield at that point? As I understand the proposal of my Mr. MCCONNELL. Not yet. Mr. Presi- seek to do is give the President some friend from Maine, it would, in effect, dent, let me say that in terms of the limited flexibility to improve the situ- mean increasing aid to SLORC, since pain to American business, there are ation on behalf of the Burmese people. the Senate voted 50 to 47 in November I hope my colleagues will recognize only two companies, both of them oil to put off aid for narcotics. We all un- this is not an effort to contradict what companies, that are in there and plan derstand that the American interest in the subcommittee seeks to achieve, but to stay. Everybody else is pulling out. Burma is not because we have a lot of rather provides the President with One oil company decided not to deal Burmese citizens; it is because we have flexibility. It does not matter whether with this regime. Eddie Bauer pulled a lot of Burmese heroin. If you wanted you support this President or not. out, and Liz Claiborne pulled out. The to look at it from a purely domestic Someone asked me whether or not I retailers do not want to have anything point of view, that is the interest in was carrying the water of the adminis- to do with this crowd, which exists for Burma. tration. Let me say, Mr. President, I the sole purpose of terrorizing its own So I guess the question is whether have never considered myself to be a citizens. They have a 400,000-person there would be a serious narcotics en- waterboy for anybody. I have never army, armed to the teeth, not because forcement effort by this crowd running carried water for any administration, if of any expansionist goal, but to sup- Burma. I thought it was simply seeking to ac- press and abuse their own citizens. Mr. LEAHY. If the Senator will yield, commodate the administration. I think That is all they do. So if you want to I think I know the answer. there is only one team. There is not a do business in Burma, you cut a deal Mr. McCONNELL. I yield for a quick Republican or Democratic team; there with the State Law and Order Restora- observation. is only one team when it comes to for- tion Council and you enrich them. Mr. LEAHY. I think it would be safe eign policy. We all ought to be on the So in terms of the pain to American to say that if past performance is any same side. business, if this sanctions measure indication—and I think it is an indica- We ought to try to develop a biparti- went into effect, it would affect only tion —there would not be any help in san approach to foreign policy. I am two companies—not like South Africa, stopping the heroin traffic by the not seeking to carry the water of the in which my friend and colleague from group that runs it. I think the indica- administration, any more than I have Maine supported the South African tion is that a number of them are bene- in the past, when I was accused of not sanctions bill, as did I. My friend from fiting very directly from this heroin acting on behalf of an administration. Maine voted to override the President’s traffic, as the Senator from Kentucky What we need to have is a policy which veto, as did I. A lot of others did, too, has pointed out before. this President or, what I hope to be a good number of Senators who are Mr. McCONNELL. The Senator from President Dole after the next election, still in the Senate on both sides of the Vermont is right on the mark. Since has the flexibility to achieve the goals aisle. That was actually a painful deci- SLORC seized power, opium production that we all desire, and that is the pro- sion because there was a lot of Amer- has doubled and seizures dropped 80 motion of democracy and humani- ican investment in South Africa that percent. The warlord, Khun Sa, has had tarian relief. had to pick up and leave. There is no a complete safe haven. That is the kind S8748 CONGRESSIONAL RECORD — SENATE July 25, 1996 of cooperation we are getting from the tions bill. In the House, this provision have told us point blank that they will State Law and Order Restoration would be subject to a point of order on not join us in imposing sanctions. They Council, which runs Burma with an that grounds alone, and would have will continue their policy of construc- iron hand. been formerly in the Senate too until tive engagement with Burma, and they Now, some will suggest that unilat- the recent Hutchinson precedent. told a recent United States mission to eral sanctions are a radical step. Well, Second, if enacted into law, the pro- the area that imposing sanctions would there is precedent for it, and my friend vision would create a significant be foolish. In fact, Mr. President, no from Maine mentioned some of the change in our relationship with Burma. other country I know of has agreed to other countries. In many of them, we Although I will readily admit that our go along with proposed sanctions—no subsequently had help from others. I present relationship with Burma is not other country, Mr. President. think it is reasonable to assume that if especially deep, the imposition of man- Therefore, we are left in a position of the United States takes the lead, we datory economic sanctions would cer- imposing unilateral sanctions, and uni- will not be alone. We will not be alone. tainly downgrade what little relation- lateral sanctions are just like no sanc- Things are beginning to stir in the Eu- ship we have. Moreover, it would affect tions at all. If we prohibit United ropean Union, the European Par- our relations with many of our allies in States companies from doing business liament, and European companies. Two Asia as we try to corral them into fol- in Burma, foreign business with no European companies pulled out just in lowing our lead. Finally, and I have similar handicap will be more than the last week or so. So the movement heard precious little from the manager happy to step in and take our place. is beginning. of the bill on this, it would have a sub- There is very little I can think of that If America will lead, there will be a stantial and detrimental impact —to we are in a position to supply to Burma lot of followers, not initially with the tune of many millions of dollars— which couldn’t be supplied by a foreign ASEAN, I agree with my friend from on several United States businesses country were we removed from the Maine. They have the biggest invest- with investments in Burma. arena. This was a principal argument ment there. I can see why they do not Consequently, the provision and its put forward by many Senators against want to change the status quo. They possible ramifications are a matter imposing sanctions against the Peo- are doing just fine. It is probably a lot which should be carefully considered ple’s Republic of China. I wonder how easier for countries that do not have by the authorizing committees of juris- many of those Senators are now argu- huge investments there to choose not diction: the Committee on Banking and ing in favor of sanctions against to invest if they do not already have the Committee on Foreign Relations. Burma? big investments. Certainly, it is not To date, Mr. President, neither com- In addition, the Burma provisions going to be much of a hit to U.S. busi- mittee has had that opportunity. The strike me as somewhat hypocritical. ness to take this step. But it is a begin- Banking Committee held a hearing on The Socialist Republic of Vietnam, in ning. It is a beginning. Burma sanctions several weeks ago. At same region, is a Communist country We have pursued unilateral sanctions that hearing, the committee heard that routinely violates human rights against Libya, Iran, and Cuba. So we from only the first of three witness and suppresses democracy; free speech have done this before. It is not com- panels; the first panel consisted of sup- is forbidden, opponents of the govern- pletely unique. It is not a radical step. porters of the legislation, while the ment are locked up for years, just like It has been 6 years, Mr. President, second and third consisted of the ad- in Burma. But Mr. President, I don’t since the election over there—6 years ministration—which is opposed to the see anybody moving to impose sanc- of terrorism and murder, and the bill—and sanctions opponents. The re- tions against that government. ASEAN countries are doing business mainder of the hearing has been indefi- On the contrary, we’re doing every- and everybody else is ignoring it. nitely postponed. Under those cir- thing we can to increase U.S. business It seems to me, at this point, it is not cumstances, I do not believe that it can there because we believe that’s the best reasonable to assume that this sort of be said that the Banking Committee way to effectuate change. We’ve seen constructive engagement is going to has had an opportunity to fully con- that increased business contacts are improve. There has been no improve- sider the matter. the best way to influence China; this ment—none in 6 years. First, the Bush As for the Foreign Relations Com- seeming truism is the principal reason administration and then this adminis- mittee, neither the full committee nor why we continue to renew China’s tration either (a) has ignored the prob- my subcommittee has held a hearing most-favored-nation status each year. lem or (b) tried to engage in construc- on Burma or the sanctions provisions Most Senators have apparently con- tive engagement. in this Congress. We were prevented cluded that the same is true for Viet- There are plenty of other Senators from holding hearings on the Burma nam. Why, then, are we taking a dif- who would like to speak. I just wanted sanctions bill [Mr. MCCONNELL] Sen- ferent position with regards to Burma? to lay out for the Senate, as we begin ator from Kentucky because the Par- Mr. President, I am the first to agree the debate, what the committee posi- liamentarian ruled it was referable that democracy needs to be restored in tion suggests is not a particularly radi- only to Banking. Yet despite the fact Burma, that SLORC has to go, and that cal step. This is truly one of a handful that the provision strikes at the very Daw Aung Sun Suu Kyi and her party of pariah regimes in the world. If the heart of bilateral relations with are the rightful government of that United States doesn’t lead, who will? Burma, neither Senator MCCONNELL or country. Unfortunately, this bill is not I yield the floor. his staff has ever even discussed this going to bring us one step closer to Mr. THOMAS. Mr. President, I rise in matter with me or the chairman of the bringing that about. All it is going to full support of the COHEN amendment full Foreign Relations Committee. do is hurt U.S. companies, put us out to the Burma provisions of H.R. 3540. When Congress acts it should do so on a limb without the support of our As the chairman of the Subcommit- only after careful and considered delib- allies or other countries in the region, tee on East Asian and Pacific Affairs, I eration, something lacking in this and make us look somewhat foolish. strongly object to the present language case, and not by a last-minute attach- For these reasons, I oppose the com- in the committee substitute amend- ment to appropriations legislation. mittee amendment and support the ment. My problems with the provision Substantively, I believe the sanctions Cohen amendment. I strongly urge my are both procedural and substantive. provided for in the bill are a com- colleagues to do likewise. First, on the procedural issue, this pletely ineffective way to get Burma’s Several Senators addressed the matter is clearly one for an authoriz- attention. We all know very well that Chair. ing committee to consider, not—with economic sanctions only work if they The PRESIDING OFFICER. The Sen- all due respect—an appropriating com- are multilateral. We’ve seen that prov- ator from Louisiana. mittee. The subject matter of the pro- en time after time. Mr. JOHNSTON. Mr. President, I rise vision is clearly legislative in nature; It is clear that in this case, we would in support of the Cohen amendment. I it has absolutely nothing to do with be the only country imposing sanc- was part of a group that perfected an funding. Consequently, it has no busi- tions. All of the ASEAN countries, es- amendment and put out a ‘‘Dear Col- ness being included in an appropria- pecially those which border Burma, league’’ letter. It was similar in many July 25, 1996 CONGRESSIONAL RECORD — SENATE S8749 respects to the Cohen amendment. It not he is beginning to be successful, read everything that she has said. I had some significant differences, and you can argue. But I can tell you, Mr. stand second to none in my admiration we had a broad support I believe for President, that the President of Unocal for her. She is a very brave woman. She that amendment. But, Mr. President, —an American—it is better to have has risked her personal safety to stand we have determined—Senator NICKLES him in there than to have only the up for freedom and democracy in and I, and other supporters of this French because the French and the Eu- Burma. And I hope eventually that she amendment—that the differences be- ropeans have never really helped on will be successful. tween the Johnston-Nickles amend- human rights matters. I mean they But I am not aware—I was going to ment and the Cohen amendment were never helped on China. They never ask my colleague from Kentucky—if not sufficient so as to divide our forces. helped on other countries around the she has endorsed the specific language And we believe that essentially this world. It is always the United States of the McConnell amendment. Has she amendment incorporates what we who does the propagation of democracy endorsed this specific language? think is the central thrust of our and human rights. We have a Louisiana Mr. McCONNELL. I would say to my amendment. So, therefore, we support company that has a subcontract there. friend from Louisiana that I believe the answer to that is yes. it, and I urge my colleagues to do so. The South Koreans are ready, will- Let me read the quote. I have not Mr. President, this is a difficult ques- ing, and able. And, as a matter of fact, shown her the language. She said that tion. No one defends the SLORC, the it is grooming to take their place in ‘‘Foreign investment currently benefits group that is running Myanmar, or Burma. I ask you, Mr. President. Do only Burma’s military.’’ These are di- Burma. It is true they are a bad re- you think that the South Koreans are rect words from Aung San Suu Kyi. gime. They are not an Iran in the sense going to be in talking about human ‘‘Foreign investment currently benefits that they do not practice state terror- rights and democracy? Mr. President, only Burma’s military rulers and some ism. They are not a Nazi Germany in it is much more likely that Americans local interests but would not help im- the sense that they engage in genocide. will do so. When you have a country prove the lot of the Burmese in gen- But they are plenty bad, Mr. President, that has been so sealed off from West- eral.’’ She says, ‘‘Investment made now and we do not defend them. ern influences, from civilizing influ- is very much against the interests of The question is: Would it be effective ence, from moderating influences all the people of Burma.’’ She said further, to do what Senator MCCONNELL has these years, it is important to let the these are direct quotes in May 1996, proposed? Would it be effective? Would light in—the cleansing light of democ- this year: ‘‘Burma is not developing in it help achieve the end? Mr. President, racy, the cleansing light of Western any way. Some people are getting very I think it would do precisely and ex- civilization, the dynamic forces of the rich. That is not economic develop- actly the opposite. free market. It is better to let those in. ment.’’ All of those are direct recent Mr. President, to cut off American Then you have something with which participation in Burma—not foreign quotes. to sanction. If, just as they are letting I think it is safe to say that she participation but American participa- the light in, you suddenly shut the hopes that we will begin these kinds of tion—would be exactly the wrong light off, there is neither a sanction to sanctions. thing. First of all, it is no sanction be- be had nor a loss for the Burmese in A further direct quote from the New cause Americans are less than 10 per- continuing with their course of con- York Times of July 19, 1996, direct cent of foreign investment in Burma duct. quote: ‘‘What we want are the kind of today and the total of foreign invest- My colleague from Kentucky says sanctions that will make it quite clear ment is less than Burmese send back— that there has been no improvement at that economic change in Burma is not Burmese expatriates from around the all; that they have not responded at possible without political change.’’ world send back to their own country. all. Mr. President, I would say that is So I would say to my friend from The reason for this is because under debatable. We asked the Burmese to do Louisiana, the answer is no. I have not the former leader of Burma, General Ne a couple of things, both of which they shown her the actual language. I am Win, who was there for over two dec- did. We asked them to release Aung totally confident that she supports the ades, Burma was one of the most her- San Suu Kyi. They did, as my col- approach that I have recommended. metically sealed countries on the face league from Kentucky says. She is not Mr. JOHNSTON. Mr. President, I of the Earth. People did not go outside under house arrest. She stays at home thank the Senator for responding on Burma. People did not come inside because it is the safest place. Maybe so. that. I think the answer to my ques- Burma. It was a totally closed not only But we asked them to do that, and they tion is—and I think the Senator was economy but society that practiced the did that. She is not in prison. That is honest in saying—that Aung San Suu most cruel kind of repression; no doubt not much but it is something we asked Kyi has neither seen nor endorsed this about that. It has only been in the last them to do, and they did it. language, that she in fact endorsed few years, Mr. President, that Burma We asked them to release the Mem- sanctions, as the Senator from Maine has opened up at all. They have begun bers of Parliament. Most of them have [Mr. COHEN] has in his amendment. It to let a little bit of light in. Indeed, been released. Several hundred have is sanctions. One of the central ques- Unocal, which is an American com- been released. There are a number tions is this. I made up a little poem. I pany, is in there together with Total, which remain in prison. They say there am not as good at poetry as the Sen- which is a French company, to develop is no Member of Parliament in prison, ator from Maine is, but my little poem the gas fields. Actually they want to and rather cynically they are able to is this: send the gas to Thailand. The Thais are justify that by saying they decertified A sanction will not a sanction be if it hurts very strong supporters of this, as you those Members of Parliament. the sanctioner and not the sanctionee. might suspect. So I do not mean to make the case What that means is if all you do is And the question is: Is it good to that the Burmese are responding com- cost American jobs and influence by have an American company, or would pletely, or responding in good faith, or substituting, for Unocal, Total, a it be better to have Total, the French that there is great reason to hope. But, French company, when Unocal is try- company, have the contract? Really Mr. President, there is some progress ing its best to influence the SLORC, in- that is the question proposed by the and some measurable progress where fluence the government, doing what it McConnell approach. I submit it is bet- there was none before. When Ne Win can, and all you are doing is getting ter to have an American company was running that country, you could the Americans out and putting in the there. not even get American news media in; French, getting the Americans out and Mr. President, I talked to the Presi- a member of the news media. Now, Mr. putting in the South Koreans, then I dent of Unocal. He personally have President, there is at least reason to submit that is no sanction at all. been talking to these people in what we hope. Now, we are told by my friend from call the SLORC, the State Law and My friend from Kentucky says Aung Kentucky that there is precedent for Order Restoration Council, the group San Suu Kyi, that brave woman who this because we have taken unilateral that is running Burma. Whether or not did in fact win the election, has backed sanctions against Iran and Libya and he has been successful, or whether or his position. Mr. President, I tried to Cuba. S8750 CONGRESSIONAL RECORD — SENATE July 25, 1996 First of all, I think these three coun- I and the democratic forces working to lib- something to bring about change in tries are greatly distinguishable, the erate our country know that foreign invest- Burma, but I am not convinced that first two practicing terrorism all ment serves to strengthen SLORC. It is pro- cutting off what little contact we do around the world, and in the case of viding SLORC with the means to finance a have with that country will serve the massive army and intelligence service whose Cuba, shooting down American planes only job is to crush international dissent. positive purpose we seek. That action, over international airspace. Whatever in my opinion, will do nothing to bring He goes on to say: else you may say about Burma, they do about change in Burma. Such sanctions not practice state terrorism, nor do The situation in my country has deterio- would be ineffective in achieving their rated into free fall. they threaten their neighbors. purpose and would solely deny the Bur- Moreover, my friend from Kentucky He concludes by saying: mese people, the ones we are trying to says that sanctions sometimes work I urge you to stand on the side of 42 million assist in this whole debate, the positive and sometimes do not, and he talks freedom-loving Burmese and support eco- effect of closer and deeper American about the example of South Africa. nomic sanctions against this rogue regime. engagement. They did, in fact, work in South Africa I certainly agree with my friend from What would be accomplished by im- where you had a united world. The Louisiana that the State Law and plementing sanctions unilaterally on a whole world was united against South Order Restoration Council is no threat country where U.S. investment is rel- Africa. In the case of Burma, the Unit- to its neighbors. It is not. It is a threat atively insignificant, minor, almost ed States, to my knowledge, has not to its own citizens. That is what this unimportant and would be quickly one single ally. The nations of the is, a regime of terrorism against the taken up by our competitors? We must area, the ASEAN countries, actively Burmese people. If we do not impose remember that all of the nations of oppose sanctions and actively hope sanctions unilaterally, who is going to Asia and much of Europe, including that we will engage Burma not just be- start this? Who is going to take the France, Germany, and the United King- cause they want to trade with Burma, lead if the United States does not? dom, disagree with this policy of sanc- and they do, but because they believe Sooner or later, if the international tions. that the best way to sanitize that re- community is going to notice what is Like the Senator from Maine, I have gime, to encourage a dialog, to bring going on there and take some steps, it had the opportunity to visit with lead- democracy to Burma is by beginning to is going to happen because of American ers in the ASEAN countries, and I can engage that country. leadership. tell you that they are not going to im- The European Union 2 weeks ago Mr. President, I know the Senator pose sanctions. They believe in engage- voted not to impose unilateral sanc- from Missouri is anxious to speak. I ment. They are going to continue to tions. Not even the Danes, whose dip- will come back to this later. I yield the engage in Burma. lomat there died in prison under very floor. Is the progress toward peace, human suspicious circumstances, are willing The PRESIDING OFFICER. The Sen- rights, and the recognition of demo- to engage in sanctions against Burma. ator from Missouri. cratic principles more likely to be The Cohen amendment seeks to have Mr. BOND. Mr. President, I rise furthered by our withdrawing from the our administration get other nations of today in support of the amendment by field? I think not. Sanctions did work the world to engage in multilateral my colleague from Maine. I am very in South Africa, but only because the sanctions. Multilateral sanctions will much concerned about the impact of United States was part of a much larg- work. If we can engage the other coun- the provisions in the underlying bill. er coalition. They do not work when we tries of the region and of the world to Like most, if not all, of my colleagues, go in as the Lone Ranger and try to cut cooperate with us in sanctions, that, in I would agree and agree wholeheartedly off our minuscule investment. fact, will be a sanction and will not be that the present conditions in Burma, The Senator from Kentucky has what we call friendly fire. Friendly or Myanmar, are deplorable. The condi- given us quotes from Aung San Suu fire, as we found out in Desert Storm tions of SLORC cannot and should not Kyi and her spokesperson, in which and as we have always known, never be condoned. As I have said in the past they talk about foreign sanctions. If all hurts the other side. It hurts yourself. on many occasions, their claim to gov- countries who are now trading with It decreases our influence with Burma. ern is an illegitimate claim. Their hold Burma could be enlisted, then there So, Mr. President, I strongly urge on power through oppression and de- could be a major impact. But I can tell that we pass the Cohen amendment and nial of human rights is one that I and, you from talking to—and mostly from that we seek to help bring democracy I believe, everyone else in this body listening to—the leaders of the coun- to Burma. would like to see come to end as soon tries that are the neighbors of Burma, Mr. MCCONNELL addressed the Chair. as possible. that is not going to happen. Mr. BOND addressed the Chair. Aung San Suu Kyi and her party won Burma is just beginning to open its The PRESIDING OFFICER (Mr. an election in 1990 and I am confident doors to the outside world. There are THOMAS). The Senator from Kentucky. would win again if another election neighboring countries and other coun- Mr. MCCONNELL. Very briefly, I just were held today. SLORC came to power tries in the world anxious and willing wanted to make a couple of observa- solely due to its ability to coerce. Pe- to go in. The opening is a unique oppor- tions with regard to the comments of riod. End of story. tunity that we have not seen before, an my good friend from Louisiana. The question that we are now trying opportunity to help bring about Aung San Suu Kyi has a cousin, an to answer is, how do we respond to the change, to make things happen. Frank- official spokesman, who resides in the situation? How can the United States ly, I am not so much concerned, not so United States and heads an organiza- influence the activities of SLORC to much interested in the very small in- tion called the National Coalition of bring about change in Burma and to vestment that our companies may now Government of the Union of Burma. He bring the democratically elected gov- have in Burma. If we were part of an is, in effect, Aung San Suu Kyi’s ernment of Aung San Suu Kyi back to overall sanctions picture, I would say spokesman in our country. He is here Burma? it would be worth it, if other countries because he has to be here. He cannot be One approach that is taken in the would get out as well. But I can see us over there and continue to breathe. I foreign operations appropriations bill having a positive effect in the entire have a copy of a letter dated July 12, is to try to achieve change in Burma region if we continue to be involved, if 1996, from him on the very issue that through total unilateral sanctions— we continue to have the opportunity to we are debating here this morning. Dr. unilateral sanctions. This approach as- exercise U.S. influence to bring U.S. Sein Win says: sumes that such actions will influence values to that country. It just makes The immediate imposition of economic and pressure SLORC to change its be- sense. sanctions against the ruling military junta havior. How can we influence anything if we is urgently needed. I do not take the imposi- I have to commend my colleagues for are the only ones outside the room tions of sanctions on my country lightly. their eagerness, their dedication and while the rest of the world is carrying He understands what we are talking the leadership of the Senator from on without us, probably happy to see us about here. Kentucky to try to see that we do play the self-righteous outsider and get July 25, 1996 CONGRESSIONAL RECORD — SENATE S8751 out? I cannot see how punishing United It is almost identical. We are not going posed a wheat embargo on Russia for States firms by threatening to keep to offer that. I think it is important for some serious abuses, what happened is them out of Burma is an effective way people to have one alternative to the we lost markets to one of our weak to bring about change. United States language in the appropriations bill. competitors. In Russia, it was replaced presence, U.S. firms are the ones on the On page 188 in the bill, it says we are by a lot of other countries—Australia, ground who can help spread American going to have sanctions against Burma. Argentina and other countries. They values. All of us want to change policies in expanded their wheat base. They ex- Obviously, our global competitors Burma. Burma has been repressive. It ported to Russia. Russia now does not and Burma’s neighbors see opportuni- has denied human rights. We need to buy as much from the United States. ties arising in Burma. I fear they are make changes. So, how does the com- They buy from other countries. We just more interested in monetary gain, in mittee, or how does the language that created another group of competitors many instances, from such change and we have before us in the bill, do that? in this particular one commodity. Did not the opportunity to bring about the First, it says, ‘‘No national of the Unit- we change policy in Russia? I do not political change that we in the United ed States shall make any investment think so. I do not think that had, real- States are seeking. I can imagine that in Burma.’’ ly, a triggering impact in making pol- European and Asian trade competitors Some people, some companies, some icy changes. I want to make the policy would be wildly supportive and happy U.S. citizens have already made invest- change. to see total sanctions unilaterally im- ments. We are going to say no more in- Another important segment of the posed by the United States on its own vestments; no investments, period. Cohen amendment is that it does give companies. That is a very stark punishment. I am the President some discretion, some le- Another possibility we must start not sure it is punishment so much on verage, which will have influence on considering is the security issue of con- Burma and officials in Burma as it is future decisions on Burma. Do we just tinually isolating Burma. To do so on officials of the United States and want to punish them for past decisions, could drive them into the arms of the people of the United States. The lan- punish them or punish American citi- Chinese. A strong security relationship guage continues. It goes on and says we zens? I am afraid we will be punishing between Burma and China is not, in my will deny United States assistance to Americans more than we will be pun- view, in the best interests of the Unit- Burma. ishing the Burmese officials. ed States. I fear to think what it would The Cohen amendment does that as But more important, how do we mean if such a relationship were to well, but it is a little more targeted. change future behavior? I think the lead to a port in Southeast Asia for the Under the language that we have in the Cohen amendment does more toward Chinese Navy. bill, it says United States assistance to changing future behavior because it At this time the United States does Burma is prohibited. Under the Cohen says we are actually giving some dis- not do much for Burma. We purchase a amendment it says assistance is pro- cretion. If we do not see improvements, mere 7 percent of all Burma’s exports hibited except for humanitarian assist- then some sanctions will come about, and provide an insignificant 1 percent ance. We are trying to help some peo- but the President and the diplomatic of its imports. We provide them no aid. ple. There has been repression over efforts can be using those for leverage. We limit international financing by there. It also says we could continue to There is not a lot of leverage when it continuing to vote against loans to have assistance in areas for says no national of the United States Burma through international financial counternarcotics. Right now there are can make any investment, the United institutions. Frankly, these votes are a lot of narcotics coming from Burma. States can give no assistance whatso- likely to be overridden by other voting Should we not have United States as- ever. I am afraid that will not influ- countries who seek the opportunities sistance, some undercover, some open, ence anything toward the positive. that large-scale projects in Burma used to investigate sources of heroin Frankly, it will cost the United would provide. We have very little le- and other drugs that might be leaving States. It will be taking investments verage even now with Burma. To iso- Burma and ultimately end up in the away from American citizens, I think late ourselves even further from that United States? The language that is in unquestionably, and I doubt it would country would be to give up what little the bill before us would deny any as- have the economic impact desired by influence, what positive pressure for sistance, including counternarcotics ef- my colleague from Kentucky. change we can bring. forts. I think that would be a serious The United States can either be at mistake. I respect greatly the efforts of the the table and foster meaningful dialog The idea of having a unilateral sanc- Senator from Kentucky. I know he be- and negotiations, or we can walk out of tion, I think, is a mistake. I think, if lieves very sincerely in trying to effect the room. I believe that, recognizing we are going to have sanctions, they change in Burma. I happen to share the the opportunity that SLORC is provid- should be multilateral. If we are saying goal of my colleague from Kentucky. I ing by opening Burma to foreign inter- only the United States steps forward, just think the method toward best ests, staying and engaging the coun- no U.S. citizen shall invest, and no achieving that would be through the try’s foreign leader is the best hope we other country comes forward, there amendment offered by my colleague have for fostering democratic change may not be any change whatsoever. from Maine, Senator COHEN. I com- in Burma. Certainly, if we are going to have U.S. pliment him on that amendment, and I We all want to see change in Burma. sanctions, I want my colleagues to con- urge its adoption. We all feel that SLORC’s actions are sider—I will not be offering it at this Mr. MCCONNELL. Mr. President, if I reprehensible and would like to see the time, but I was considering an amend- can say quickly to my friend from legitimately elected government of ment that we should at least have a re- Oklahoma before he leaves, I appre- Aung San Suu Kyi brought to power. I port on the economic impact and ciate his kind words about my work on hope, while making efforts to bring whether or not it had any positive im- this issue. If I heard him correctly— about these results, we do not give up pact on achieving our goal. and I don’t want to misstate his posi- existing and future United States in- If we have sanctions, certainly we tion—did I hear my friend from Okla- terests, not only in Burma but want to know whether they are work- homa say that he thought assisting the throughout Southeast Asia. I yield the ing or not working. We want to have regime there was a good idea? Maybe I floor. the changes in Burma, but do we make misheard him. The PRESIDING OFFICER. The as- those changes when we have unilateral Mr. NICKLES. Mr. President, no, I sistant majority leader. sanctions affecting our very small in- did not. I say to my colleague, I was re- Mr. NICKLES. I compliment my col- vestments? I doubt it. Certainly they ferring to the section that says no as- league for an excellent statement. I can be offset by other countries. sistance whatsoever. I would conclude echo his comments. I also compliment Can you have changes when you have that to prohibit U.S. contributions in- Senator COHEN for his amendment. multilateral sanctions? Possibly. Sanc- volved in any way dealing with, I Senator JOHNSTON and I have been tions are difficult in this day and age. think—we have exceptions for drug working on a comparable amendment. When the Carter administration im- interdiction. Can we spend money in S8752 CONGRESSIONAL RECORD — SENATE July 25, 1996 Burma for drug interdiction, drug iden- So I raise this point to suggest that PRIVILEGE OF THE FLOOR tification, undercover or otherwise? I if America has the courage to take this Mr. LEAHY. Mr. President, I ask think we should have an opportunity. step unilaterally, we will not be alone unanimous consent that John Lis, a Mr. MCCONNELL. The current law for very long. As a matter of fact, the Javits fellow currently working on forbids that. We just last year imposed rest of the world is getting interested Senator BIDEN’s personal staff be ex- a prohibition on dealing with SLORC. in this issue. Secretary Christopher tended the privilege of the floor for the So this would, in effect, weaken exist- called me from Indonesia the day be- debate. ing law. fore yesterday to talk about this issue. The PRESIDING OFFICER. Without I wanted to make sure my friend Obviously, he supports the amendment objection, it is so ordered. from Oklahoma knew that. Existing of the Senator from Maine, and that is Mr. LEAHY. Mr. President, I am per- law says no U.S. cooperation with certainly OK. fectly willing to yield to whomever SLORC on the drug issue, frankly be- Mr. COHEN. If the Senator will yield, wants the floor. If no one is seeking the cause we don’t trust them. So the I don’t believe he does. He does not ex- floor, I will suggest the absence of a Cohen amendment would actually press support for this amendment. quorum. weaken existing law in terms of the Mr. MCCONNELL. I am sorry, I re- I suggest the absence of a quorum. U.S. relationship with SLORC. I just tract that. Let’s put it this way. The The PRESIDING OFFICER. The wanted to make that clear. Secretary of State would like a pro- clerk will call the roll. Let me make a few observations posal, I think, that gives the adminis- The assistant legislative clerk pro- about the argument that the approach tration wide latitude to manage this ceeded to call the roll. we are recommending is inevitably issue as they see best, and I hope it is Mr. COHEN. Mr. President, I ask going to be unilateral in nature and no- not a misstatement of the Senator’s unanimous consent that the order for body will follow us. amendment that it does give the ad- the quorum call be rescinded. Already there is action in the Euro- ministration a good deal of latitude. The PRESIDING OFFICER. Without pean Parliament. Let me point out to Mr. COHEN. It gives the administra- objection, it is so ordered. my colleagues what action has been tion some flexibility. They would like Mr. COHEN. Mr. President, I under- taken this month in the European Par- more. Mine does not give them quite as stand there are a number of Senators liament. much as they like. who would like to speak on this meas- First, the European Parliament has ure who cannot come to the floor at Mr. MCCONNELL. I certainly would condemned torture, arrests, detentions, not want to misstate the position of this time. So I am going to suggest the and human rights abuses perpetrated the administration, but I am confident absence of a quorum in a moment, but by SLORC. Obviously, that is an easy in saying the Secretary of State would then agree to lay aside this amendment thing to do. prefer not to have unilateral sanctions. so that other amendments that may be It supports the suspension of I think the Senator from Maine would pending can be considered. concessional lending to SLORC, a little Mr. MCCONNELL addressed the agree with that. tougher step. Chair. I have been a little surprised the ad- Third, the European Parliament has The PRESIDING OFFICER. The Sen- ministration has not gotten interested called upon members to suspend GSP ator from Kentucky. in this issue, but I think they are get- for exports to Burma because of forced Mr. MCCONNELL. Mr. President, ting more interested in the issue. labor conditions. there is going to be further debate on And fourth, Mr. President, and most The point I was going to make before this amendment. But it is my plan, my friend from Maine stood up was important, the European Union has when Senator COHEN has completed, if called upon its members to suspend what Secretary Christopher pointed there are no other speakers at this mo- trade and investment with Burma. out to me is it was discussed for an ment, to lay this amendment aside. I hour the other night at the ASEAN The July 1996 European Union resolu- understand Senator SMITH is ready to tion restricts visas to SLORC officials meeting. Previously, they acted like offer an amendment that he will need a and their families, something that is in Burma was not there. Nobody talks rollcall vote on. We will move to the the underlying bill and I hope we about it. It is being forced on to the Smith amendment. adopt. agenda, even in the part of the world Mr. COHEN. Could I just indicate for The resolution restricts the move- that is least interested in doing any- the record, during the course of the de- ment of SLORC diplomatic personnel, thing about the regime, for all the ob- bate this morning the question of the suspends all high-level visits, demands vious reasons. They have the biggest administration’s position was raised. I full investigation and accountability investment there. have since been apprised that the ad- for the death in custody of Denmark, So this is not going to go away, Mr. ministration does lend its support to Finland, Norway, and Switzerland’s President. I don’t know what is going the Cohen amendment, which prior to consul, Leo Nichols. Let me talk about to happen on the vote on the Cohen the beginning of the discussion of this Leo Nichols. Leo Nichols was Aung San amendment, but it is not going to go matter it did not. So perhaps they have Suu Kyi’s best friend. He was the Euro- away until SLORC goes away and until been watching C–SPAN and have tuned pean consul who represented a number the results of the election in 1990 are in to see the better part of wisdom in of European countries in Burma as a honored. supporting the Cohen amendment. sort of local consulate official. I don’t want to misrepresent at all Mr. President, I ask unanimous con- Leo Nichols was arrested a few the position of the administration on sent that the letter, signed by Barbara months ago for the crime of possessing the Cohen proposal. All I can say is it Larkin, Assistant Secretary of State a fax machine, Mr. President. In is exactly what the administration and for Legislative Affairs be printed in the Burma, if you are on the wrong side of the National Security Council asked RECORD. this issue, you can be arrested for such me to accept on Monday, but they will There being no objection, the letter things as possessing a fax machine. So have to speak for themselves. This was ordered to be printed in the Leo Nichols was arrested for possessing amendment, by the way, is not directed RECORD, as follows: at the Clinton administration. The a fax machine and turned up dead. U.S. DEPARTMENT OF STATE, They had a hard time getting the body. Bush administration was worse, from Washington, DC. He was denied medication. my point of view, on Burma than this Hon. WILLIAM COHEN, All of a sudden, Europe discovered administration has been. At least they U.S. Senate, Burma, because a European citizen got discuss it occasionally. Washington, DC. treated the same way the Burmese citi- So, Mr. President, let me just con- DEAR SENATOR COHEN: The Administration zens are treated on a daily basis—on a clude this segment by saying I don’t welcomes and supports the amendment think we will be alone very long if we which you and others have offered to Section daily basis. All of a sudden, a European 569 (Limitation on Funds for Burma) of H.R. citizen got treated that way, and Euro- have the courage to take this step. 3540, the Foreign Operations Appropriations peans have all of a sudden gotten more I yield the floor. bill. We believe the current and conditional interested in this issue. Mr. LEAHY addressed the Chair. sanctions which your language proposes are July 25, 1996 CONGRESSIONAL RECORD — SENATE S8753 consistent with Administration policy. As to advance the goal? In order to answer scourge on our cities. The Burmese we have stated on several occasions in the that question, we need to have a clear Government is not cooperating with past, we need to maintain our flexibility to understanding of what leverage we the United States counternarcotics in- respond to events in Burma and to consult have, or lack of, on Burma. We also terests and is benefiting from the drug with Congress on appropriate responses to ongoing and future development there. need to have a clear understanding of trade. The President has decertified We support a range of tough measures de- how other interests in the region will Burma on these grounds. But this ex- signed to bring pressure to bear upon the re- be affected. The key problem with the emption does recognize that if condi- gime in Rangoon. We continue to urge inter- Burma provision, as I view it, in the tions change, it would be in our inter- national financial institutions not to provide bill before the Senate, is that it pre- est to be able to engage a cooperative support to Burma under current cir- sumes we can unilaterally affect Burmese Government in a cumstances. We maintain a range of unilat- change on Burma. counternarcotics policy. It is clearly in eral sanctions and do not promote U.S. com- I have come, as I have watched world our interests to have this ability. mercial investment in or trade with Burma. events, to doubt that unilateral sanc- The Cohen-Feinstein amendment We refrain from selling arms to Burma and have an informal agreement with our G–7 tions make much sense. It is absolutely also directs the United States to op- friends and allies to do the same. essential that any pressure we seek to pose loans by international financial On the international level, we have strong- put on the Government of Burma be co- institutions to Burma, and it prohibits ly supported efforts in the UN General As- ordinated with the nations of ASEAN entry visas to Burmese Government of- sembly and the International Labor Organi- and our European and Asian allies. If ficials, except as required by treaty ob- zation to condemn human and worker rights we act unilaterally, we are more likely ligations. violations in Burma. At the UN Human to have the opposite affect—alienating In addition, the amendment requires Rights Commission this month, we led the many of these allies, while having no the President to report regularly to the effort against attempts to water down the Burma resolution. We have urged the UN to real impact on the ground. Congress on progress toward democra- play an active role in promoting democratic One of the key aspects of the amend- tization in Burma, improvement in reform through a political dialogue with ment offered by the Senator from human rights, including the use of Aung San Suu Kyi. Maine is that it requires the President forced labor, and progress toward de- The Office of Management and Budget ad- to work to develop, in coordination veloping a multilateral strategy with vises that from the standpoint of the Admin- with members of ASEAN and other na- our allies. istration’s program there is no objection to tions having major trading and invest- The amendment gives us some lever- the submission of this report. We note, how- ment interests in Burma, a comprehen- age by making clear that the United ever, that the working of two of the sanc- States is prepared to act unilaterally if tions as currently drafted raises certain con- sive multilateral strategy to bring de- stitutional concerns. We look forward to mocracy and to improve human rights SLORC takes renewed action to re- working with you and the conferees to ad- and the quality of life in Burma. arrest, to harm, or to exile Aung San dress this. This strategy must include the pro- Suu Kyi, or otherwise engages in large- We hope this information is useful to you. motion of dialog between the SLORC scale repression of the democratic op- Please do not hesitate to call if we can be of and democratic opposition groups in position. The courage and dignity of further assistance. Burma. Only a multilateral approach is Aung San Suu Kyi and her colleagues Sincerely, likely to be successful. Knowing that deserves respect and support from all BARBARA LARKIN, the ASEAN nations, who are moving of us. This provision may provide some Assistant Secretary, Legislative Affairs. now toward more engagement with measure of protection against in- Burma, not less, will not join us in creased oppression against them. We Mr. COHEN. Mr. President, I suggest sanctions at this time, it is clear that may be able to have the effect of nudg- the absence of a quorum. such a policy will not be effective. For ing the SLORC toward an increased di- The PRESIDING OFFICER. The example, on the Unocal pipeline, if we alog with the democratic opposition. clerk will call the roll. apply unilateral sanctions, the Unocal That is why we also allow the Presi- The assistant legislative clerk pro- pipeline, which is now a joint venture dent to lift sanctions if he determines ceeded to call the roll. between France and the United States that Burma has made measurable and Mrs. FEINSTEIN. Mr. President, I company, will only be taken over by ei- substantial progress toward improving ask unanimous consent that the order ther Japanese interests—I am told human rights and implementing demo- for the quorum call be rescinded. Mitsui is interested—or South Korean cratic government. We need to be able The PRESIDING OFFICER. Without interests. Therefore, what point do we to have the flexibility to remove sanc- objection, it is so ordered. really prove? tions and provide support for Burma if Mrs. FEINSTEIN. Mr. President, I The Cohen-Feinstein amendment it reaches a transition stage that is rise to urge my colleagues to support does recognize that there are steps we moving toward the restoration of de- the Cohen-Feinstein-Chafee-McCain can and should take at this time. It mocracy, which all of us support. amendment with respect to Burma. does ban bilateral assistance to Burma, Mr. President, I thank my distin- Before I begin, I want to express my but it does so with three important ex- guished colleague from Maine for his admiration for the distinguished man- ceptions. First, it allows humanitarian leadership in crafting this amendment. ager of the bill, Senator MCCONNELL, assistance, which is clearly a reason- He has worked closely with the admin- who has almost singlehandedly brought able exception in the case of natural istration, which supports his language. this issue to the floor. He has been dog- disaster or other humanitarian calam- It represents the best policy, I believe, gedly pursuing adjustments to our ity. Second, it allows assistance that for us to play a role in moving Burma Burma policy for many months, and promotes human rights and democratic toward democracy. I urge my col- has focused the attention of the Senate values, which clearly makes sense, leagues to support this amendment. and the administration on this issue in since that is what we are trying to pro- I yield the floor. a way that would not have happened mote in Burma. Finally, it allows an Mr. HELMS. Mr. President, with all otherwise. exemption for counternarcotics assist- due respect to the able Senator from There is clearly no division, I think, ance, if the Secretary of State can cer- Maine, whom I do respect, I have a at least, in this body, on the nature of tify that the Government of Burma is problem with his amendment. His the SLORC regime in Burma. It is an fully cooperating with the United amendment is based on the premise oppressive antidemocratic regime, and States counternarcotics effort, and that the United States should wait it has systematically deprived the peo- that such assistance is consistent with until a future time—nobody knows ple of Burma of the right to govern United States human rights concerning when—a future time to impose tougher themselves. There is no disagreement Burma. sanctions against the illegal SLORC re- on that point, I think, nor on the desir- This last exemption goes to perhaps, gime in Burma. The Cohen amendment ability of restoration of democracy in I believe, our most important interest for conditional sanctions provides for a Burma. in Burma. Sixty percent of the heroin ban on new investment only ‘‘if the The key question, though, we need to coming into the United States comes President [of the United States] deter- ask, is what is the most effective way from Burma today, and it is a growing mines and certifies to Congress that, S8754 CONGRESSIONAL RECORD — SENATE July 25, 1996 [at some future date,] the Government on doing what he has been doing, which apartheid was, South Africa did pro- of Burma has physically harmed, re- is nothing. vide at least a minority of its people arrested for political acts, or exiled Mr. HELMS. That is right. with democratic rights while Burma Daw Aung San Suu Kyi or has commit- Mr. MCCONNELL. Nothing. So I systematically denies these rights to ted large-scale repression of or violence thank the chairman for his support for all its citizens. Burma certainly de- against the democratic opposition.’’ this cause. serves the condemnation of all freedom Mr. President, the Government of Mr. HELMS. I thank the distin- loving people. Burma, the SLORC, S-L-O-R-C, as it is guished Senator from Kentucky for the However, Burma is unlike South Af- known, has already done enough to Ms. very great work he is doing. I thank rica in a number of ways which make Suu Kyi, has already committed large- the Chair. sanctions unlikely to yield the same scale repression and violence, not only BURMA SANCTIONS result. against the democratic opposition, but Mr. MCCAIN. Mr. President, I am First, United States policy toward against the people of Burma. pleased to join Senator COHEN as an South Africa was coordinated with our We know there is forced labor in original cosponsor of his amendment to allies and that nation’s most impor- Burma. There is no question about improve the language on Burma sanc- tant trading partners. It was multilat- that. We know that Burma is the tions contained in the foreign oper- eral. There was no serious prospect source of more than 60 percent of the ations bill. This amendment is con- that when our companies pulled out of heroin finding its way into the United structive and a better approach to ad- the South African economy others States, and we know that the SLORC dressing the problem that Burma pos- would readily take their place, thereby regime is implicated in this trade. No ses for American foreign policy. undermining the effect of sanctions question about it. However, we know All of us in this body want the people and making their chief victim Amer- that the people of Burma elected the of Burma to enjoy their human rights. ican companies. Second, South Africa National League for Democracy over- But we must avoid a policy that will was much richer than Burma is today. whelmingly in elections 6 years ago, only make us feel good, but that is un- Per capita income in South Africa was and that it has been straight downhill likely to achieve the goals it is in- $2,000 when we imposed sanctions. In ever since that time. tended to serve. The approach advo- Burma today it is $200, one of the low- The Cohen amendment also provides cated by the Appropriations Commit- est rates in the world. South Africa a waiver to the administration. I have tee, while well-intentioned, is too pre- had a stake in the world economy. to ask the question—I do so with all re- cipitous. Imposing unilateral sanctions Burma has just begun to develop an in- spect—are we serious or are we not se- on Burma immediately and lifting terest in attracting foreign trade and rious about Burma? them only at such time as the SLORC investment. Third, Burma is an over- I support Chairman MCCONNELL and allows a democratically elected gov- whelmingly rural economy, with manu- my other distinguished colleagues who ernment to take power may even pro- facturing accounting for 9.4 percent of have said, enough is enough. Let us voke a reaction from the Burmese re- GDP and 8.2 percent of employment. stop allowing U.S. investment to prop gime which is the opposite of what the Fourth, the South African regime and up the SLORC regime’s repression. I committee intends. the elite that supported it had histori- Burma’s regional and investment hope that colleagues will vote in that cal connections to the nations censur- partners do not share the intensity of direction when the vote is taken. I ing it. It was not only affected materi- our concern for democracy and defi- thank the Chair and I yield the floor. ally by the sanctions imposed on it, C nitely do not agree with the committee Mr. M CONNELL addressed the but many in South Africa who treas- imposition of sanctions. Chair. ured their ties to the West were dis- The PRESIDING OFFICER. The Sen- The New York Times Monday reported mayed by their international isolation. ator from Kentucky. the attitudes of nations attending the Mr. MCCONNELL. I want to thank weekend meeting of the Association of Burma has a long history of self-im- the distinguished chairman of the For- South East Asian Nations [ASEAN]. posed isolation. Beginning in 1962, the eign Relations Committee for his sup- The Indonesian Foreign Minister is leaders of Burma believed that their in- port for the sanctions against Burma. quoted as saying, ‘‘ASEAN has one car- terests were best served by rejecting We have been very patient. The chair- dinal rule, and that is not to interfere the pressures of the outside world. man of the Foreign Relations Commit- in the internal affairs of other coun- Even today, after Burma began an eco- tee and I have been hoping since the tries.’’ Far from agreeing with those in nomic opening to the world, that open- Bush administration that some admin- the United States pushing for sanc- ing is decidedly modest. Tom Vallely of istration would take this matter seri- tions, ASEAN took the first step in ad- Harvard has pointed out that Vietnam, ously. mitting Burma as a member, giving it a nation struggling with its own mar- I do not know whether the chairman official observer status. ket reforms, approved more investment agrees with me, but it seems to me if ASEAN’s reaction is important be- in 6 months than Burma did in 6 years. there were a bunch of Burmese-Ameri- cause these are the nations, along with We are right to call for the institu- cans, we would have gotten interested the People’s Republic of China and the tion of the democratically elected gov- in this a long time ago—— other nations of Asia, whose views ernment of the National League for De- Mr. HELMS. That is right. most concern the ruling authorities in mocracy. In 1990, the people of Burma Mr. MCCONNELL. A long time ago Burma. The United States accounts for participated in a democratic election, because this is a country that ranks less than 10 percent of foreign direct and overwhelmingly supported the Na- right up there with Libya, Iraq, Iran, investment in Burma. It receives only 7 tional League for Democracy. The Bur- and North Korea. percent of Burma’s exports and United mese military thwarted that victory The proponents of the Cohen amend- States imports account for only 1 per- and remains in place today as a stand- ment will say they are no threat to cent of Burma’s total imports. Both ing insult to the proposition of demo- their neighbors. I expect that is the Thailand and Singapore are bigger in- cratic self-rule. They have since ruled case. But 400,000 of these highly armed, vestors in Burma than the United the nation with an iron fist. But as des- mean-as-a-snake troops, terrorizing States, as are France and Britain. potic as they are, the generals who now their own citizens and locking up, as Given these circumstances, it is hardly control Burma constitutes the de-facto the Senator from North Carolina point- surprising that United States opinion government. ed out, the duly elected leader of this carries less weight in Burma than it The amendment offered by Senator country in internationally supervised, does elsewhere in the world. COHEN is an attempt to recognize both Western-style real elections in 1990— Proponents of immediate and sweep- the rights of the Burmese people and they are a real pariah regime. Yet the ing sanctions on Burma have often in- the realities of power and history. It crux of the Cohen amendment is, as the voked the example of South Africa. In- attempts to narrow the focus of our chairman of the Foreign Relations deed, Burma may actually exceed legislative efforts, and give the Presi- Committee pointed out, that it gives South Africa in its repression. After dent, who, whether Democrat or Re- the President total discretion to keep all, as repugnant as the system of publican, is charged with conducting July 25, 1996 CONGRESSIONAL RECORD — SENATE S8755 our Nation’s foreign policy, some flexi- the means to subdue its ethnic minori- play an active role in promoting democratic bility. This amendment has the ex- ties, Senator COHEN’s amendment re- reform through a political dialogue with plicit support of the administration. quires the Secretary of State to certify Aung San Suu Kyi. It has a number of specific advan- that any proposed counternarcotic pro- The Office of Management and Budget ad- tages beyond giving the administration gram is consistent with United States vises that from the standpoint of the Admin- istration’s program there is no objection to more flexibility. Conditioning an in- human rights concerns. the submission of this report. We note, how- vestment sanction on a significant de- The other exception to a ban on as- ever, that the wording of two of the sanc- terioration in the human rights situa- sistance in Senator COHEN’S amend- tions as currently drafted raises certain con- tion in Burma, namely the arrest of ment is humanitarian assistance. The stitutional concerns. We look forward to Aung San Suu Kyi or a general crack- committee amendment makes no al- working with you and the conferees to ad- down on the democratic opposition, is lowance for humanitarian assistance. If dress this. a key element which commends the al- the intent of the sanction on humani- We hope this information is useful to you. ternative. I know that the committee tarian assistance is to withhold legit- Please do not hesitate to call if we can be of imacy from the regime, I believe its further assistance. is greatly interested in the safety and Sincerely, welfare of Aung San Suu Kyi. However, limited value in this respect would be BARBARA LARKIN, I believe it may have erred in not in- vastly outweighed by the practical in- Assistant Secretary, cluding such a targeted sanction in his effectiveness of unilateral sanctions. I Legislative Affairs. own bill. If the language in the bill am unconvinced that gutting funding Mr. MOYNIHAN addressed the Chair. were signed into law, a ban on U.S. in- for Feed the Children and World Vision The PRESIDING OFFICER. The Sen- vestment would come into effect imme- is going to make Burma any more dis- ator from New York [Mr. MOYNIHAN], is diately. If the prospect of a United posed toward democracy. recognized. I know that many Senators would States investment sanction is restrain- Mr. MOYNIHAN. Mr. President, I rather not impose any sanctions on ing them at all, I see no reason why the would like to speak to the amendment Burma. But the committee has decided Burmese authorities would not rearrest offered by the Senator from Maine as a to weigh in on the formulation of Unit- Suu Kyi once the sanction is imposed. substitute to Section 569 of this bill re- ed States-Burma policy. The SLORC’s What would they have to lose? What garding sanctions against the regime repression of the Burmese people’s pur- would they have to lose in once again in Burma. rounding up prodemocracy activists by suit of their God-given rights have Section 569 is similar to a bill, S. the hundreds? The Cohen approach pre- made congressionally imposed sanc- 1511, offered by the distinguished Sen- serves our options while at the same tions on Burma inevitable. Senator ator from Kentucky, which I have had time making perfectly clear the action COHEN has formulated an approach the honor to cosponsor, and others that the United States would take if which is constructive and respectful of have done as well. This is very simply the situation deteriorates. the prerogatives of the President, and a test of how we will respond to democ- In the meantime, the Cohen amend- more likely to positively influence the racy denied. ment imposes three out of the four situation in Burma than will the sanc- For the longest while now, from the MCConnell sanctions: prohibition of tions adopted by the committee. I com- foreign assistance except humanitarian mend him for his work on this issue time, I would suppose, of Woodrow Wil- and counternarcotics assistance, U.S. and encourage my colleagues to vote son’s ‘‘Fourteen Points,’’ the United States has actively encouraged the opposition to multilateral lending, and for the COEHN amendment. the denial of U.S. visas to members of I ask unanimous consent that a let- spread of democracy and democratic the regime. While doubts remain about ter from the State Department to Sen- institutions in the world, rightfully the efficacy of even these limited sanc- ator COHEN in support of his amend- thinking that the world would be a tions, they will at a minimum dem- ment be printed in the RECORD. safer and better place. We have seen in onstrate American displeasure with the There being no objection, the mate- the course of this century events that situation in Burma. More importantly, rial was ordered to be printed in the would not have been thought possible a Senate vote in favor of the adminis- RECORD, as follows: at the outset. tration-supported Cohen amendment U.S. DEPARTMENT OF STATE, Here at the end of the century, we will demonstrate the unity and resolve Washington, DC. see events that would not have been of American policy toward Burma. Hon. WILLIAM COHEN, thought possible. Russia has had two The two exceptions made by Senator U.S. Senate. presidential elections, the first in Rus- DEAR SENATOR COHEN: The Administration COHEN to the prohibition on foreign as- sian history. Mongolia has had free welcomes and supports the amendment elections. The distinguished Senator sistance are, I believe, very construc- which you and others have offered to Section tive. 569 (Limitation on Funds for Burma) of H.R. from Virginia was on the floor speak- Last year, Senator KERRY and I 3540, the Foreign Operations Appropriations ing just the other day about his experi- fought to permit counternarcotic as- bill. We believe the current and conditional ence as an observer in Mongolia. Not sistance for Burma. Ultimately, we sanctions which your language proposes are only did Mongolia have a free election, failed, but the Cohen substitute, if consistent with Administration policy. As but they had observers from around the passed, will once again permit this we have stated on several occasions in the world and, principally, the United vital assistance. As my colleagues past, we need to maintain our flexibility to States to attest to that fact. respond to events to Burma and to consult The movement towards democracy is know, the United States has not pro- with Congress on appropriate responses to vided assistance of this type to Burma ongoing and future developments there. not universal. It has never taken since 1988, despite the fact that Burma We support a range of tough measures de- strong hold on the continent of Africa, is the source of more than 60 percent of signed to bring pressure to bear upon the re- and yet it now appears in Eurasia and the heroin on United States streets. gime in Rangoon. We continue to urge inter- in South Asia. The Republic of India Burma is the largest opium producer in national financial institutions not to provide has just had its 11th, I believe, national the world. If we are ever to get a han- support to Burma under current cir- election since independence, an unbro- cumstances. We maintain a range of unilat- ken sequence of democratic elections, dle on the heroin problem in our own eral sanctions and do not promote U.S. com- country, in addition to addressing de- mercial investment in or trade with Burma. with one interval of national emer- mand, we will have to work with the We refrain from selling arms to Burma and gency but it was for a relatively short Burmese. Engaging in the battle and have an informal agreement with our G–7 period of time and ended with the con- achieving some degree of success will friends and allies to do the same. stitution intact. result, at the very least, in driving On the international level, we have strong- The Government of Bangladesh has down the supply of opium and driving ly supported efforts in the UN General As- just had a free election between two sembly and the International Labor Organi- formidable women political leaders up the price. zation to condemn human and worker rights To address the concerns of those who violations in Burma. At the UN Human who are descendants, in one form or point to the possibility that Rights Commission this month, we led the another, of leaders previously deposed counternarcotics assistance in the effort against attempts to water down the and shot, events that are too common hands of the SLORC might give them Burma resolution. We have urged the UN to in post-colonial nations. But they have S8756 CONGRESSIONAL RECORD — SENATE July 25, 1996 had a free election and picked an im- it would be a jungle clearing, I expect Can the Senator tell me, outside of pressive new Prime Minister to form a it would be up in the Shan state, where maybe the South African situation, government. some 60 or so young men, aged 18, 19, where we have had luck with having British India, as it was called, ex- 20—and this is at a time, about 15 years others joining us unilaterally? If we tended down to the Bay of Bengal on ago, when Ne Win was still in power. cannot get the Europeans to join us the eastern side and included not only Senator KENNEDY and I had made ef- with Libya, an international terrorist Bangladesh but what is now Myanmar, forts such as Senator MCCONNELL is organization, Iran, the same, and Cuba, formerly Burma. The choice between leading today. There in perfect Eng- how in the world are we going to get the term Burma and Myanmar is a lish, perfectly formed letters, a white them to join with sanctions against choice of languages, Myanmar is a Bur- sign with black letters, script that Burma? man term. It is a multiethnic state, must have been 30 feet long—these Mr. MOYNIHAN. I do not claim that with eight major ethnic groups, as all young men were holding this sign this is something easily done or we those states are, each with many lan- which said, ‘‘Thank you Senators KEN- would have done it long since. But I guages—though none at the level of NEDY and MOYNIHAN.’’ They were out in think that it is something which can India itself. Burma has four principal the jungle and they knew, and it be done. I think the Republic of South languages and historically has had mattered that they knew. It kept them Korea is so little interested in how we very strong disagreements on the pe- going. What we think matters so much feel about matters of Burma, there are riphery with the governments at the in the world on these matters. ways to suggest to the Republic of center in what was Rangoon. The name The military regime that overthrew South Korea that it might well recon- has been changed, which is a perfectly the democratic government—having sider its position. Not for nothing do legitimate thing to do, by the military stepped aside, then a coup immediately we have the United States Army divi- regime whose initials form the followed. The results of the election sions in Korea. If they think that is not unenviable acronym SLORC, as if have not yet been implemented. The really in their interest, that can be ar- ‘‘SLORCing’’ out of the black lagoon. Prime Minister elected, Aung San Suu ranged, too. This is a regime which has not sim- Kyi, has been released from house ar- I do not dispute the Senator’s point. ply failed to move toward a democratic rest, but only just barely. She has, you I simply make the argument that a government, but has overthrown a might say, a patio and a bit of garden, matter of principle is at stake here. If democratic government, imprisoned a front yard. it is costly, so be it. Principles are pre- the democratically elected leaders, a The world is watching. We are going cious. Nobel Prize-winning Prime Minister, to hear today—and we will not hear Mr. JOHNSTON. If I may follow fur- sir. wrong—that if we impose these sanc- ther on the example you mentioned, Burma is largely a Buddhist nation. tions, American firms will lose oppor- South Korea. If you turn the clock Tensions between the numerous ethnic tunities, and European firms or Asian back to 1962, when General Ne Win groups resulted in a long and not happy firms will take advantage of them. And took control, he had control for over a post-colonial experience. that may be true. But I wonder for how quarter of a century. At that time, I was once our Ambassador to India, long, and I wonder in the end at what Burma was a relatively prosperous and I remember visiting Mandalay, profit. If our firms are strong and com- country. South Korea was not pros- where we had a one-man consulate. I petitive and international, it is because perous and was—— was being driven around. I came to the of the principles the United States has Mr. MOYNIHAN. Was devastated. Mr. JOHNSTON. A totally repressive area of the city where there were Chi- stood for in this century, and should regime. The same, I think, would be nese language signs. I asked the Bur- continue to stand for. It is one thing when we find we can- said for our friends, the Taiwanese. mese driver, ‘‘Are there many Chinese not move a nation closer to democracy. Mr. MOYNIHAN. Yes. here in Mandalay?’’ He said, ‘‘Well, not Not many external forces can do that. Mr. JOHNSTON. The difference be- many now, but before independence, It comes when the time is ready, then tween our treatment of the three is the Indians and the Chinese owned ev- so often not even then. But when a that we isolated Burma, and General erything around here. And that’s why democratic regime has not emerged, Ne Win isolated himself, whereas, be- we had to have socialism.’’ It was sim- overwhelmingly supported by an op- cause of the cold war, we embraced the ply a form of expelling persons, moving pressed people who have resisted that Taiwanese, we embraced the South Ko- in the general melee of the 19th cen- oppression, who have understood it, reans. Today, having been isolated for tury colonial Asia. who looked abroad for any signs of sup- over a quarter of a century, Burma After a series of decent enough gov- port and seen in the United States, in continues to be the same country it ernments, possibly too passive from this Senate Chamber, such support, was, maybe only worse than 30-odd one event to another, the army seized emboldened, encouraged, and have years ago, whereas South Korea and control. Twenty years of a hard dicta- risen to claim their rights as a people, Taiwan have developed into thriving, torship followed, with a military junta only to have it crushed by a military prosperous democracies. headed by a general playing golf in the regime, SLORC? No, sir. Now, does the Senator see any lesson shadow of a pagoda, while a nation, a This is the time for the United States to be learned from this difference in potentially rich nation, all but starved. to stand for what is best in our Nation, treatment? It is an experience we have seen be- in our national tradition, what is tri- Mr. MOYNIHAN. Yes. Both Taiwan fore, nothing new, but it was cruelly umphant in the world. This is not a and South Korea have now established inappropriate to Burma. I visited it at time to allow the overthrow of the de- freely elected governments. If they that time. Clearly, a land capable of mocracy. This is no time to beat re- were suddenly to be overthrown by a great agricultural product, an indus- treat. This is a time for the McConnell military coup, our position would have trial-capable people, ruined by govern- provision for sanctions on Burma. to be, in my view, very different. But it ment. They stayed ruined a long time, And I thank the Chair for your cour- is just such a situation in Burma. until they rose and realized, no, and in tesy. I yield the floor. I have a letter here from the Office of 1990, a free election at long last was Mr. JOHNSTON. Will the Senator the Prime Minister of the National Co- held in Burma. The National League yield for a question? alition Government of the Union of for Democracy won 82 percent of the Mr. MOYNIHAN. Yes. Burma, which says: vote, but the military junta did not Mr. JOHNSTON. Mr. President, there Dear Senator MOYNIHAN: I have been close- step down. is no peer in the Senate, in fact, in the ly following the Burma sanctions bill on the This was not the beginning. This did country, of the Senator from New York Senate floor and I am extremely alarmed not just happen suddenly. There was a in his knowledge of history. Therefore, about the proposal put forth by Senator movement for a democratic govern- I wonder, what is the basis of this hope COHEN. As you are no doubt aware, the Sen- ate vote is crucial because it will send a sig- ment that has been out in the jungles that other countries, particularly nal to both the prodemocracy movement and for a generation. I think if I had one Asian countries, would join in a unilat- the military junta about how people in the photograph that would say to me more eral action started by the United United States view the struggle for democ- than anything else about our century, States? racy in Burma. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8757 Mr. President, I ask unanimous con- for his longstanding interest and sup- bility and the potential effects of a Western sent this letter be printed in the port for what we are trying to achieve boycott. The United States has banned aid and mul- RECORD. in the underlying bill and further tilateral loans to the regime, but the junta There being no objection, the mate- elaborate on the observation of Sen- still refuses to begin a dialogue with Aung rial was ordered to be printed in the ator JOHNSTON. San Suu Kyi. Now there is an opportunity to RECORD, as follows: I do not think we will be going this send a stronger message. The Senate next NATIONAL COALITION GOVERNMENT alone very long. Both the European week is scheduled to consider a pro-sanctions OF THE UNION OF BURMA, OFFICE Parliament and the European Union, bill introduced by Sens. Mitch McConnell (R- OF THE PRIME MINISTER, this month, July, have begun to get in- Ky.) and Daniel Patrick Moynihan (D-N.Y.). Washington, DC, July 25, 1996. terested in this issue because of the ar- This would put Washington squarely on the side of the democrats. Secretary of State Senator DANIEL PATRICK MOYNIHAN, rest and subsequent apparent killing of U.S. Senate, Warren Christopher, who will meet next Washington, DC. a man named Leo Nichols, who was a week with counterparts from Burma’s neigh- DEAR SENATOR MOYNIHAN: I have been consulate official for a number of Euro- bors, should challenge them to take stronger closely following the Burma sanctions bill pean countries and also happened to be, measures, since their policy of ‘‘constructive on the Senate floor and I am extremely as my friend from New York knows, engagement’’ has so clearly failed. alarmed about the proposal put forward by one of Aung San Suu Kyi’s— The most eloquent call for action came Senator Cohen. As you are no doubt aware, Mr. MOYNIHAN. He was murdered last week from Aung San Suu Kyi herself, the Senate vote is crucial because it will because he was found in possession of a unbowed despite years of house arrest and enforced separation from her husband and send a signal to both the prodemocracy fax machine. movement and the military junta about how children. In a video smuggled out, she called people in the United States view the struggle Mr. MCCONNELL. So the Europeans for ‘‘the kind of sanctions that will make it for democracy in Burma. Given the reality in are interested. One of their own has quite clear that economic change in Burma Burma, the National Coalition Government been treated like the citizens of Burma is not possible without political change.’’ categorically opposes Senator Cohen’s legis- have been treated for years. The world responded to similar calls from lation. The Senate cannot afford to send a There is an indication that the Euro- Nelson Mandela and Lech Walesa. In memory wrong signal and there is no other time than pean Parliament this month, I say to of Mr. Nichols and his many unnamed com- now to express its support for the democracy my friend from New York, called upon patriots, it should do no less now. movement through the imposition of eco- members to suspend trade and invest- Mr. JOHNSTON. Will my friend from nomic sanctions. ment with Burma. We will be the lead- Kentucky yield for a question? Let me be clear, investments will not bring Mr. MCCONNELL. I am happy to about better living conditions and democ- er of the parade. Mr. MOYNIHAN. When the United yield to the Senator. racy to the people because in Burma invest- Mr. JOHNSTON. In that same July ments pay for the soldiers, buy the guns and States leads, others will follow. I am the supplies and ammunition that is used to proud to be associated in this regard. meeting of the European Union, did violently suppress the Burmese people. Daw Mr. President, I ask unanimous con- they not reject sanctions against Aung San Suu Kyi has called for the imposi- sent to have printed in the RECORD an Burma? Mr. MCCONNELL. I do not know tion of economic sanctions because it will editorial from the Washington Post on hurt the ruling military junta. She has cat- whether that was on the agenda or not, this issue, ‘‘Burma Beyond the Pale.’’ egorically expressed her wish that invest- but even if they did have it on the ments in the country cease until a clear There being no objection, the mate- rial was ordered to be printed in the agenda, and if they did not approve it, transition to democracy has been estab- that was July. We are just getting RECORD, as follows: lished. The National Coalition Government started here. fully supports Daw Aung San Su Kyi’s call [From the Washington Post, July 20, 1996] The point the Senator from New for sanctions and that is why we support BURMA BEYOND THE PALE Section 569 of the Foreign Operations Appro- York and I are making is, if the United On JUNE 22, James ‘‘Leo’’ Nichols, 65, died priations Act, ‘‘Limitation on Funds for States leads, it is reasonable to believe in a Burmese prison. His crime—for which he Burma,’’ as tabled by Senator Mitch McCon- others will follow. had been jailed for six weeks, deprived of nell and co-sponsored by you. Mr. JOHNSTON. Can the Senator There can be no middle ground here. As it needed heart medication and perhaps tor- name me some examples of where that stands now, the Burmese people are not ben- tured with sleep deprivation—was ownership of a fax machine. His true sin, in the eyes of has happened, other than South Africa? efitting from any investment coming into Mr. MCCONNELL. Poland, South Af- the country. These funds are tightly con- the military dictators who are running the beautiful and resource-rich country of rica. trolled by the military junta and serves to Mr. JOHNSTON. I say other than strengthen the oppression of the Burmese Burma into the ground, was friendship with people. No entrepreneur can start a business Aung San Suu Kyi, the courageous woman South Africa. in Burma without enriching either the mem- who won an overwhelming victory in demo- Mr. MCCONNELL. Why rule South bers of the military regime, their close asso- cratic elections six years ago but has been Africa out? I think South Africa is pre- ciates or relatives. The common people do denied power ever since. cisely the parallel. not benefit from investments. I look forward Mr. Nichols’s story is not unusual in Mr. JOHNSTON. But the whole world to welcoming U.S. businesses helping rebuild Burma. The regime has imprisoned hundreds was united. of democracy activists and press-ganged our country once a democratically elected Mr. MCCONNELL. Mr. President, the thousands of children and adults into slave 1990 Parliament is seated in Rangoon. United States led in South Africa, and The National Coalition Government also labor. It squanders huge sums on arms im- ported from China while leading the world in others followed. That is what we sug- opposes any funding to the military junta in gest here. The United States ought to connection with narcotics control. I cannot heroin exports. But because Mr. Nichols had see a logical reason for the United States to served as consul for Switzerland and three stand up for what it believes in, ought fund a military regime that conspires with Scandinavian countries, his death or murder to put its principles first. There is and provides a safe haven to the heroin king- attracted more attention in Europe. The Eu- every reason to believe that with pin Khun Sa. It well known that the Bur- ropean Parliament condemned the regime American leadership, the rest of the mese Army are partners in transporting the and called for its economic and diplomatic world would follow. That is what this heroin that is devastating the streets of isolation, to include a cutoff of trade and in- vestment. Two European breweries, is about. America. I yield the floor. I place my trust in the United States Sen- Carlsberg and Heineken, have said they will pull out of Burma. And a leading Danish pen- Mr. CRAIG. Mr. President, I want to ate to do the right thing. Each vote for sanc- discuss some concerns I have about sec- tions is a vote for the democracy movement sion fund sold off its holdings in Total, a in Burma and our people who are struggling French company that with the U.S. firm tion 569 of the Foreign Operations Ap- to be so desperately free. Unocal is the biggest foreign investor. propriations bill, H.R. 3540—limiting Sincerely, These developments undercut those who funds for Burma. Before I begin outlin- SEIN WIN, have said the United States should not sup- ing my concerns, I want to thank my Prime Minister. port democracy in Burma because it would colleague from Kentucky, Senator be acting alone. In fact, strong U.S. action MCCONNELL, for pursuing this issue. Mr. MOYNIHAN. I yield the floor. could resonate and spur greater solidarity in Mr. MCCONNELL. Mr. President, I favor of Nobel peace laureate Aung San Suu While we may disagree on the details of know my friend from New York is in a Kyi and her rightful government. Already, the best policy to pursue with Burma, conference and needs to return to it. I the Burmese currency has been tumbling, re- we wouldn’t even be having this impor- just wanted to commend the Senator flecting nervousness about the regime’s sta- tant discussion without his leadership S8758 CONGRESSIONAL RECORD — SENATE July 25, 1996 on this issue. In addition, I doubt that In addition to the loss of that private that the Cohen amendment be tempo- we would be pursuing a much needed level of interaction between Americans rarily laid aside. comprehensive, multi-national policy and Burmese, the benefit of jobs for The PRESIDING OFFICER. Without toward Burma. Without such an effort, Burmese citizens with American com- objection, it is so ordered. we could certainly find ourselves on panies is also lost. AMENDMENTS NOS. 5020 THROUGH 5026, EN BLOC the floor of the Senate in the future, Mr. President, in order for the United Mr. MCCONNELL. Mr. President, I reacting to some catastrophic event in States to encourage Burma to move to- send amendments, en bloc, to the desk Burma, having done nothing construc- ward a free society, an American pres- and ask for their immediate consider- tive in the interim. ence should be felt. This is best done by ation. Mr. President, Burma is a nation I private investment in the local econ- The PRESIDING OFFICER. The have never visited or studied. I do not omy. Private investment and other clerk will report. come to the floor today to debate this nongovernmental cultural exchanges The assistant legislative clerk read issue as an expert on Burma. However, can provide an important link with the as follows: I know more than a little about its people of Burma. The Senator from Kentucky [Mr. MCCON- poor record on human rights. What we Mr. President, let me be perfectly NELL], proposes amendments, en bloc, num- need to debate here is the efficacy of clear, I do not support oppressive ac- bered 5020 through 5026. mandatory unilateral sanctions in the tions such as those taken by the Mr. MCCONNELL. Mr. President, I case of Burma. SLORC in its efforts to prevent the ask unanimous consent that reading of While we all hope for some small citizens of Burma from exercising their the amendments be dispensed with. signs of change, I think we all share basic human and political rights. Like- The PRESIDING OFFICER. Without the concern that hope is not enough to wise, I do not support abandoning the objection, it is so ordered. The amendments are as follows: live on—especially for the Burmese 43 million people who live in Burma by people. We recognize the problem there withdrawing all American presence. AMENDMENT NO. 5020 and want to develop a policy to address Many times, unilateral sanctions hurt (Purpose: To allocate foreign assistance funds for Mongolia) that problem. only those at the bottom of the eco- On page 119, strike lines 6 and 7 and insert Any change will be slow in coming. nomic scale, when the intended targets in lieu thereof the following: However, while patience and persist- are those at the top. ‘‘(h)(1) Of the funds appropriated under ence will rule the day, we need to nur- Mr. President, at the core of this de- title II of this Act, including funds appro- ture an environment in which all Bur- bate is the efficacy of unilateral sanc- priated under this heading, not less than mese people are respected and treated tions as a tool of foreign policy to en- $11,000,000 shall be available only for assist- both humanely and fairly. courage change. And, more specifi- ance for Mongolia, of which amount not less In short, we need to look at putting cally, the usefulness of unilateral sanc- than $6,000,000 shall be available only for the Mongolian energy sector. forward a policy that will encourage tions in the case of Burma. I feel very ‘‘(2) Funds made available for assistance the changes we seek. In addition, that strongly that mandatory, unilateral for Mongolia shall be made available in ac- policy should not negatively impact sanctions are not the most effective cordance with the purposes and utilizing the U.S. nationals and business—without tool of foreign policy. authorities provided in chapter 11 of part I of the benefit of establishing changes in I do not support impacting private the Foreign Assistance Act of 1961.’’. Burma. industry in this manner if the pro- AMENDMENT NO. 5021 The United States represents a small jected policy will not yield the in- percentage of foreign investment in (Purpose: To restrict the use of funds for any tended response. We must all realize country that permits the practice of fe- Burma. It is my understanding that de- that while we seek change, Burma is male genital mutilation) pending on the survey, the U.S. ranks not South Africa, nor is it Iran. We At the appropriate place, insert the follow- anywhere from third to seventh. Re- face a unique situation, and the effec- ing: gardless, the private investment pres- tiveness of mandatory unilateral sanc- FEMALE GENITAL MUTILATION ence there is not on a grand scale that tions must be judged independently. SEC. . (a) LIMITATION.—Beginning 1 year would likely have any crippling effects Mr. President, it is very important, after the date of the enactment of this Act, on the operations of the current gov- not only for the United States but for the Secretary of the Treasury shall instruct ernment in Burma, the State Law and other nations as well, to evaluate the the United States Executive Director of each Order Restoration Council—commonly situation in Burma and what ways we international financial institution to use the referred to as the ‘‘SLORC.’’ can work both independently and to- voice and vote of the United States to oppose In addition, indications from our gether, that will encourage the im- any loan or other utilization of the funds of their respective institution, other than to trading partners in Europe and the re- provements in human rights and will address basic human needs, for the govern- gion do not demonstrate movement to- move Burma toward a free and demo- ment of any country which the Secretary of ward the application of sanctions. cratic society. the Treasury determines— Cutting off this trade by prohibiting I support amending section 569 of this (1) has, as a cultural custom, a known his- U.S. nationals’ private investment will bill to address the concerns I have out- tory of the practice of female genital mutila- not affect the current governing re- lined here today. We can encourage hu- tion; (2) has not made the practice of female gime in Burma. However, it will affect manitarian relief, drug interdiction ef- genital mutilation illegal; and American companies and American forts, and promote democracy. I be- (3) has not taken steps to implement edu- jobs. Unilaterally forcing American lieve that these activities, in addition cational programs designed to prevent the companies out of Burma at this time to denying multilateral assistance practice of female genital mutilation. will simply provide an economic oppor- through international financial insti- (b) DEFINITION.—For purposes of this sec- tunity for other nations, who will tutions, and the establishment of a tion, the term ‘‘international financial insti- tution’’ shall include the institutions identi- quickly step forward to assume the multilateral strategy will provide the fied in section 535(b) of this Act. contracts and business opportunities of best roadmap to reach these goals. the departing American companies. Mr. MCCONNELL. Mr. President, I AMENDMENT NO. 5022 American companies have taken think that concludes—at least for this (Purpose: To earmark funds for support of risks and borne all the startup costs phase—the number of speakers we have the United States Telecommunications for the contracts they hold in Burma. on the Cohen amendment. Senator Training Institute) If their departure results in replace- SMITH is here to offer an amendment. On page 107, line 23, strike ‘‘should be made ment by companies from our trading Senator LEAHY and I would like to available’’ and insert ‘‘shall be available partners in Europe and the region, any use this opportunity, before Senator only’’. influence we might have wielded in SMITH lays down his amendment, to get AMENDMENT NO. 5023 this foreign policy game is lost. All in- approved amendments that have been (Purpose: To delete a section of the bill dications at this time lead me to be- cleared by both sides. There are eight relating to a landmine use moratorium) lieve that any gap left by U.S. compa- amendments. On page 184, line 6, delete the word ‘‘MOR- nies in Burma will quickly be filled by With the permission of the Senator ATORIUM’’ and everything that follows others. from Maine, I ask unanimous consent through the period on page 185, line 3. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8759 Mr. LEAHY. Mr. President, this and I am prepared to support modest Some may think it does not matter if amendment deletes a section I included amounts of excess defense equipment we maintain our leadership in IDA. in the bill entitled ‘‘Moratorium on to Tunisia. They should talk to our economic com- Antipersonnel Landmines.’’ This sec- However, this amendment also takes petitors. tion simply reaffirmed current law. into account the serious human rights They know that IDA is a worthwhile Having received the assurance of the concerns that I and others have about investment, because of the contracts Armed Services Committee that the Tunisia. According to the State De- their companies get from IDA-financed House conferees on the fiscal year 1997 partment and respected international projects and, even more importantly, Defense Authorization bill will recede human rights monitors, civil liberties the foreign markets IDA helps create. to the Senate on the certification re- are severely curtailed in Tunisia. Law- They know their ability to influence quirement relating to the landmine use yers, journalists and human rights ac- IDA policies is a direct function of moratorium that is in the House ver- tivists are frequently harassed, intimi- their contributions. As we cut our con- sion of that bill, I am striking this sec- dated, jailed and otherwise mistreated tribution and our influence wanes, tion in the fiscal year 1997 Foreign Op- for expressing their political opinions. their influence grows. erations bill. This assures that current Nejib Hosni, a well-known human It is influence many people here law, which provides that beginning in rights lawyer, has been accused of var- would miss, because with it the Con- 1999 the United States will observe a 1- ious misdeeds and imprisoned, after an gress has had a major role in making year moratorium on the use of anti- unfair trial. Mohammed Mouadda, IDA lending procedures more open and personnel landmines except in certain leader of the largest opposition party subject to public scrutiny, and in limited circumstances, remains in ef- in Parliament, has been similarly si- eliminating wasteful policies. Money fect as originally adopted by the Sen- lenced. Dr. Moncef Marzouki, former buys influence in these institutions, ate by a vote of 67 to 27 on August 4, president of the independent Tunisian there is no two ways about it. Mr. President, 40 percent of IDA lend- 1995. Human Rights League, has been re- I appreciate the efforts by the chair- peatedly harassed and his passport has ing goes to Africa, where the popu- man of the Armed Services Committee, been revoked. These are only three ex- lation is expected to more than double in the next 50 years. It would be uncon- Senator THURMOND, and his staff, who amples, but they illustrate a disturbing scionable for the richest nation to cut negotiated this agreement with the pattern. In addition, the State Department re- its contribution to the largest source House conferees. I also want to thank ports that the Tunisian judiciary is of funding for the poorest region in the the chairman of the House National Se- ‘‘not independent of the executive world, which is potentially one of the curity Committee, Representative branch, and that judges are susceptible largest emerging markets for Amer- SPENCE, for his part. to pressure in politically sensitive ican exports. AMENDMENT NO. 5024 cases.’’ People need to realize that foreign (Purpose: To provide additional funds to sup- The Tunisian Government should assistance is not simply assistance for port the International Development Asso- recognize that it only hurts itself by foreigners. It supports our own eco- ciation) acting this way. By attempting to si- nomic and political interests. On page 177, line 24, after ‘‘Jordan,’’ insert lence its critics, especially individuals This is a critical year for IDA. When the following: the United States indicated to the ‘‘Tunisia,’’ who do not advocate violence, it cre- On page 178, line 2, after ‘‘101–179’’ insert ates resentment and closes out alter- other IDA donors that we would not be the following: native forms of expression, which can able to contribute to IDA’s replenish- ‘‘: Provided, That not later than May 1, lead to violence. This is the antithesis ment this year and could only continue 1997, the Secretary of State shall submit a of democracy. to pay off our arrears, the Europeans report to the Committees on Appropriations This amendment requires the Sec- established an interim fund to get describing actions by the Government of Tu- retary of State to report on actions through this year without a U.S. con- nisia during the previous six months to im- taken by the Tunisian government to tribution. prove respect for civil liberties and promote The administration supported that. the independence of the judiciary. improve respect for civil liberties and to promote the independence of the ju- But the Europeans made a miscalcula- Mr. LEAHY. Mr. President, my diciary. Our hope is that the Tunisian tion, by insisting that the U.S. would amendment, which is cosponsored by government will treat these concerns not be eligible for procurement for Senator INOUYE, adds Tunisia to the with the seriousness they deserve, and projects financed by the interim fund. list of countries that is eligible to re- initiate a sincere effort to deal with While I can understand why they did ceive excess defense equipment from these human rights problems on an ur- that, since the interim fund consists the United States. I am offering this gent basis. entirely of their money, I believe it is amendment because of Tunisia’s sup- AMENDMENT NO. 5025 misguided as a matter of policy to im- port for the Middle East peace process, (Purpose: To provide additional funds to sup- pose procurement restrictions on IDA- its geographical location between port the International Development Asso- financed projects. I would say that if it Libya and Algeria, and the fact that its ciation) were the United States or any other armed forces do not have a history of On page 135, line 7, delete ‘‘$626,000,000’’ and country that was being penalized, and engaging in violations of human rights. insert in lieu thereof ‘‘$700,000,000.’’ whether it were IDA or any multilat- Recently, Tunisia opened interests Mr. LEAHY. Mr. President, the Unit- eral institution. sections with Israel. This was a coura- ed States was instrumental in creating I would have liked to see us fully geous step, and it is important that the the International Development Asso- fund the President’s request. That was United States affirm its support for ciation, which provides concessional not possible, since our budget is less Tunisia’s positive role in the Middle loans to the poorest countries in the this year than last. But I am hopeful East peace process. Additionally, Tuni- world. In this bill we have cut our con- that by maintaining our current level sia is located in an unstable and dan- tribution to IDA $308 million below of funding, the Europeans will see that gerous part of the world. Colonel what the President requested. we are doing our best to eliminate our Qaddaffi is unpredictable, and he has The request for fiscal year 1997 was arrears, so we can go on to support made no secret of his displeasure with $934 billion, and that only covers the IDA’s replenishment. With the budget Tunisia’s actions vis a vis Israel. Alge- arrears we already owe. The money in cuts we are facing there is only so ria, on Tunisia’s western border, is this bill for IDA is $74 million below much we can do in any single year. struggling with civil unrest stemming the current level. I hope the Europeans will recognize from clashes between the secular gov- This amendment will bring our con- the significance of what we are doing, ernment and a fervent fundamentalist tribution to IDA up to the current and relent on the procurement restric- movement. level. That is still $234 million below tions. I think it is in everyone’s inter- So while I am extremely concerned the President’s request, but it will at est that the United States remain a about the proliferation of conventional least show that we intend to do every- strong supporter of IDA, and that is weapons in this volatile region, I un- thing possible to prevent further ero- not likely if these restrictions remain derstand the administration’s purpose sion of support for IDA. in effect. S8760 CONGRESSIONAL RECORD — SENATE July 25, 1996 Mr. President, there is one final as- the committee bill that provides up to with their budgets, perhaps their fuel pect to this I want to mention. There $1.5 million in taxpayer assistance for oil, or paying for the mortgage, or feed- has been a lot of talk about what per- the Communist Government of Viet- ing their children. centage of IDA procurement American nam for economic assistance. I want to Why are we providing this money? companies receive. Considering IDA point out to my colleagues that this is Why are we putting $1.5 million tucked alone, it is about 10 percent, largely be- not humanitarian foreign aid. This is in, hidden in the language of this bill, cause American companies have far economic assistance that is above and in the report language? Why are we less experience doing business in Africa beyond what we would call humani- doing this? Who stands to gain? What than European companies. But when tarian aid. is the purpose of this? This is not a you consider World Bank and IDA con- Very specifically, the bill language case—I want to make this very clear— tracts as a whole, U.S. procurement is states: this is not a Vietnam bashing situa- about 20 percent, which is consistent Funds appropriated for bilateral economic tion. It has nothing to do with POW’s with our share of contributions. assistance shall be made available, notwith- and MIA’s. It has nothing to do with I thank the chairman of the sub- standing any other provision of law, to assist MFN. It has nothing to do with how committee, Senator MCCONNELL, for Vietnam to reform its trade regime through, you feel about normalization, or open- accepting this amendment. among other things, reform of its commer- ing up diplomatic relations with Viet- cial and investment legal codes. nam. That is not the issue. We have al- AMENDMENT NO. 5026 On page 148, line 10 through line 13, strike The committee report language, I say ready debated that. So let us not get the following language, ‘‘That comparable to my colleagues, is even more reveal- into that corner. But Vietnam is not a requirements of any similar provision in any ing. It is more specific. It says: ‘‘The struggling democracy out there like other Act shall be applicable only to the ex- initiative seeks to assist the Govern- some of the Eastern European coun- tent that funds appropriated by this Act ment of Vietnam’s efforts to develop tries who are trying to come out now have been authorized: Provided further,’’. trade relations with other nations from under the cloak of communism. Mr. McCONNELL. Mr. President, in through reforming its legal system and Vietnam criticized the U.S. Govern- this group of amendments, there is a trade regime so as to provide the nec- ment in its relationship with Cuba by Bumpers amendment on Mongolia, a essary framework for commercial applying the sanctions tighter to Cuba, Reid amendment on female mutilation, transactions, foreign investments and criticized President Clinton and criti- an Inouye-Bennett amendment on trade.’’ cized Senator Helms and others for USTTI, three Leahy amendments, and I might just say that, depending on Helms-Burton. This is not a democracy one McConnell-Leahy amendment on your point of view, it may or may not that is getting this $1.5 million. It is a authorization restrictions. be a worthwhile vote. The question is, Communist government, not the peo- Mr. LEAHY. Mr. President, we have should the taxpayers of the United ple, the Communist Government of no objection to those. States of America provide that help Vietnam. They just finished holding The PRESIDING OFFICER. Without when, in fact, there are companies who their Communist Party meetings in objection, the amendments are agreed will stand to gain substantially if this Hanoi last month. So they are still to, en bloc. trade does take place? In other words, there. They are still repressive. They The amendments (Nos. 5020 through under the bill, the money from the still have people in forced labor camps. 5026) were agreed to. American taxpayers will be spent for There is still repression. Mr. McCONNELL. Mr. President, I the cause of making a Communist na- Why do we provide from the pockets move to reconsider the vote. tion more attractive to corporate of the American taxpayers $1.5 million Mr. LEAHY. I move to lay that mo- America. A Communist nation—this to encourage the investment of cor- tion on the table. does not go to the people of Vietnam. porations from America? Again, that The motion to lay on the table was This goes to no humanitarian aid here; debate has been lost. Corporations are agreed to. investing in Vietnam. Let them pay this goes to the Communist Govern- Mr. McCONNELL. Mr. President, I their own money to invest in Vietnam. yield the floor. ment of Vietnam. Mr. President, I believe this is wrong, They will get a return for their money. AMENDMENT NO. 5027 The taxpayers do not need to help some pure and simple. That is why I am of- (Purpose: To strike funds made available for of the largest corporations in America fering this amendment to strike this the Socialist Republic of Vietnam) to the tune of $1.5 million. Mr. SMITH. Mr. President, I send an provision. We are in a very difficult Again, I want to point out that this amendment to the desk and ask for its time. A lot of cuts—we are trying to is not humanitarian aid. This is not immediate consideration. balance the Federal budget. When you helping kids who have lost their limbs The PRESIDING OFFICER. The talk about $1.5 million, that may not in the war. It is not helping people get clerk will report. seem like a lot of money; it is a lot of an education, helping people who may The legislative clerk read as follows: money where I went to school, a lot of have illnesses. That is not what this is The Senator from New Hampshire [Mr. money in most families in America un- about. We have done that before, and I SMITH] proposes an amendment numbered less you hit the lottery—$1.5 million to have supported some of that because I 5027. the Communist Government of Viet- believe that in war innocent people do Mr. SMITH. Mr. President, I ask nam. We do not provide that kind of suffer. Unfortunately, that is the case unanimous consent that reading of the dollars to Cuba or North Korea. Why and in the case of Vietnam, that was amendment be dispensed with. are we doing it to Vietnam? the case. Innocent people sometimes The PRESIDING OFFICER. Without The majority of Americans have been suffer on both sides of the war, and I objection, it is so ordered. very clear over and over again to this have supported humanitarian aid for The amendment is as follows: Congress in making their voices some of those people. But the commit- On page 105, line 17, strike ‘‘provided fur- heard—reduce foreign aid spending. tee provision represents nonhumani- ther,’’ and all that follows through the colon This is hardly the time to start a new tarian assistance for the Government on line 21. foreign aid program for a Communist of Vietnam. There is a big, big dif- Mr. SMITH. Mr. President, this is country. I know those who disagree ference. really a very simple amendment. I will with me will say the opposite, but the I want to again repeat it for empha- not take too much of the Senate’s time truth of the matter is, this is the cam- sis because it is the essence of the ar- to discuss it. Oftentimes, little things el’s nose under the tent. This is the be- gument: This is nonhumanitarian aid. that seem rather insignificant get ginning of foreign aid to a Communist This is helping the government, the tucked inside these bills that ought to country; $1.5 million is so small when Communist repressive regime of Hanoi, be looked at more carefully, and they you look at some of the other line to do better business with American do cost the taxpayers a considerable items in the foreign aid bill, but it is a businesses. amount of money. I think this is an ex- substantial sum of money for many, I want to point out, Mr. President, ample of one of them. many families in America today who, I that in the same bill that we are debat- The amendment that I am offering am sure, would love to have just a very ing here on the floor, there is a provi- removes a provision that now exists in small part of that $1.5 million to help sion which prohibits foreign aid to July 25, 1996 CONGRESSIONAL RECORD — SENATE S8761 countries like Vietnam that are in de- I know that there are a lot of big issues there. That is another issue. So why fault. It says here—this is again the out here on this bill and other bills provide another $1.5 million in bilat- same bill, the exact same bill, Mr. that we face here in Congress, but eral economic assistance when we are President, under ‘‘limitation on assist- these little issues, so-called, really are already contributing through multilat- ance to countries in default,’’ section a lot bigger than they appear to be. eral organizations? 512: ‘‘No part of any appropriations That was not easy. We had to read There are also private foundations contained in this act shall be used to this bill to find this. helping Vietnam, helping in the reform furnish assistance to any country Let me just say there are other coun- of its commercial code, such as the which is in default during a period in tries that are on this list of countries Ford Foundation and IRI. excess of 1 calendar year in payment to that owe us money, and they are in I can certainly think of, as I said be- the United States of principal or inter- violation of the Brooke amendment. fore, a lot better use of $1.5 million. I est on any loan made to such country They are such countries as Syria, Af- am simply asking that we delete it. My by the United States pursuant to a pro- ghanistan, Sudan, Somalia, and others. amendment simply deletes the dollars, gram for which funds are appropriated So the question you have to ask and I do that because I think we can under this act.’’ yourself is, should we reward this coun- use it better. A, we can put it on the Let me just say that this provision try with another $1.5 million—just debt, which would be my first choice, has been law for 20 years. Every year it under the table: Here it is? Why should or B, we might be able to use it for is in the committee bill and every year we be asked to make an exception for something else, for some other more it is passed and signed into law. I am Vietnam in this bill for nonhumani- needy cause. There are lots of causes sure it will again happen this year. tarian assistance? What is the reason? out there that I think are deserving of Why is it in there? It is in there be- Why was this tucked in the bill with- dollars ahead of this if we want to put cause we do not want to reward coun- out debate, without any information $1.5 million somewhere. tries who owe us money that have not regarding the background of this sur- I think the American people would paid us back by giving us more. That is facing? Why should we make an excep- agree. why it is there. tion for Vietnam among other nations So, again, Mr. President, this is a So I want to draw the attention of in the world that also owe us money? small amount of dollars in a big bill my colleagues to a report from the Why should we be asked to circumvent and in a big budget. I agree with that. But it is not a small amount of dollars Agency for International Development the intent of Congress? dated July 3, 1996, which I have sent My colleagues, that is what we are for the average family in America around to every Senator’s office. I hope doing, because it is very clear in the today struggling to make ends meet. every Senator will look at it because it legislation, very clear, as I said, under The problem is there are a lot of these is important. section 512, that ‘‘no part of any appro- little $1.5 million tucked away through According to this report which I just priation contained in this act shall be the 13 appropriations bills as they cited, Vietnam has been in violation of used to furnish assistance to any coun- weave their way through Congress. this law, the law that I just referenced, try which is in default.’’ They all add up, as Senator Dirksen since May 29, 1976, 1 year after the So the language is placed in the bill used to say, to real money. A million North invaded and conquered the ‘‘notwithstanding any other provision there, a million there. Then it is $1 bil- South. When it toppled the South, we of law,’’ which basically wipes this off lion, $1 billion here and $1 billion there. all remember the helicopters, the peo- for the country of Vietnam—no expla- Then it is $1 trillion. I do not even ple falling off rooftops and falling off nation, no rationale, just tucked in the know what comes after $1 trillion. helicopters in that terrible tragedy, language. So why are we doing it in What is it, quadrillion? I do not know. when the tanks from the North roared this manner? But it adds up. through Saigon, when it toppled the In conclusion, Mr. President, we This is a small item. Granted, maybe South, North Vietnam automatically should not be authorizing a new foreign it is not worth an hour of debate, some- incurred responsibility for over $150 aid program on an appropriations bill body will say, but let me tell you some- million in economic loans owed to the for the first time in this clandestine, thing. If you take care of dollars, hun- United States by the Government of undebated, secretive manner. That is dreds of dollars, thousands of dollars, South Vietnam. Those dollars are still the issue. That is what we are doing. and millions of dollars, you will take on the books, Mr. President. The coun- This is neither the time nor the way care of billions and trillions. They will try of Vietnam still owes that money. to start a new development assistance take care of themselves. This is a very important statement It is still unresolved. program to promote trade with Viet- we are going to make here. If this I am told that negotiations to resolve nam regardless of the amount of money amendment is defeated, if my amend- this debt have been underway between involved. These things tend to grow. ment is defeated, what we have said is the United States and Vietnam for We all know that once an economic aid that providing additional taxpayer aid sometime now, but no timetable for an program begins—the Senator from to the country of Vietnam, a Com- agreement is in sight. So with $150 mil- North Carolina, who is in the Chamber, munist nation like Cuba, is more im- lion of outstanding debt being held up, knows full well once a bureaucracy is portant than helping children, helping not being paid, we now slide quietly, started, once an aid program is begun, the sick, helping people with AIDS, ever so slightly, sleight-of-hand, it is pretty hard to keep it from get- helping people who need help with tucked into this bill a little paragraph ting an increase, let alone eliminated. their education, their student loans or that says: ‘‘Here is another $1.5 mil- It reminds me of the Market Access retiring, helping to retire the national lion. We are going to reward you. You Program which the majority of my col- owe us $150 million. You are still a re- debt. leagues have voted to scale back. Again, I cannot emphasize more pressive Communist regime. You re- So we should keep in mind this is not strongly how I feel that it is wrong to press your people. And now we are a case where the taxpayers have to put this in this legislation. So let me, going to trade with you, and that is fund this, No. 1. IMF, the International at this point, Mr. President, before fine.’’ That decision has been made. I Monetary Fund, has helped Vietnam. yielding the floor, ask for the yeas and don’t agree with it. The decision has United States dollars go into that. The nays on my amendment. been made. But the question is, should World Bank, United States dollars go The PRESIDING OFFICER (Mr. those who decide to trade, some of the into that. They help Vietnam. The ASHCROFT). Is there a sufficient sec- largest corporations in America, Asian Development Bank, they have al- ond? There is a sufficient second. should they be given another $1.5 mil- ready given Vietnam millions of dol- The yeas and nays were ordered. lion of taxpayers’ money to further lars in loans to help their economy de- Mr. SMITH. I yield the floor. their efforts in Vietnam to a country, velop. These loans are supported by Mr. JOHNSTON addressed the Chair. A, that is Communist, B, that is repres- United States tax dollars in part. The PRESIDING OFFICER. The Sen- sive to its people, and, C, that has not You can make a case that we should ator from Louisiana. paid its debt back to the United States not do that, but I am not making that Mr. JOHNSTON. Mr. President and of America? That is the basic question. case. I am saying those are already out Members of the Senate, on a bipartisan S8762 CONGRESSIONAL RECORD — SENATE July 25, 1996 basis, by big majorities, we have in re- friend, Senator SMITH. Therefore, do looked I do not think there are free cent years voted, first, to lift the sanc- not give them aid in following the rule elections in Vietnam. If they supported tions against Vietnam, and then to of law. That does not compute, to say the rule of law they would not be im- open diplomatic relationships with you are repressive therefore we are not prisoning people throughout their Vietnam because we believe it is im- going to help you be less repressive; country without charging them with portant to engage Vietnam not only in you are repressive, therefore we are not anything. civilized discourse, but to bring them going to give you and your citizens So, to say we are going to put $1.5 into the community of nations. We legal protection. It does not compute. million of taxpayers’ money into this have had that debate, and this has been Let me also say the whole predicate trade council to get into Vietnam to successfully completed as far as those for this, which is the so-called Brooke encourage them to live by the rule of of us who wish to engage Vietnam are amendment, which says you do not law, we could make the same argument concerned. give foreign aid to a country that owes with Cuba. How about North Korea or How do we complete the circle? How you money—in the first place this is Libya? Why do we not pump a few mil- do we help Vietnam become the kind of usually waived. It has been waived for lion dollars in there and see if we can nation we want it to be? Or to put it a broad number of countries: Colombia, get them to abide by the rule of law? another way, what do we want Vietnam Bolivia, Peru, Nicaragua, a host of Af- Let me also respond to the position to do? I think if there is one thing we rican countries, Eastern European regarding assistance. For Eastern Eu- want Vietnam to do it is to follow the countries. Beyond that, the good news rope, true, we do provide that kind of rule of law, to be a law-abiding country is on the $150 million that is owed by assistance. But Eastern Europe is not rather than to be a Communist coun- the Vietnamese—which, by the way, Vietnam. Eastern Europe broke out try. was incurred largely before this regime from under the yoke of communism. The two are at opposite ends. To be came in—we have come to closure and They are struggling democracies. They Communistic is not to be a rule-of-law have gotten out from under this Com- country. To be a rule-of-law country is agreement, as I understand it, on all but about $8 million of that $150 mil- munist tyranny. It is true and I sup- the opposite. So what we have done port it. It is true we should provide and here is, working with the Vietnamese, lion. And there has been a commitment to settle the whole thing. I support providing moneys to help to authorize AID to spend up to $1.5 those countries to set up a rule of law million, not in aid to Vietnam but to The Vietnamese are trying to do what they can. They have agreed to re- and to set up a viable free enterprise, give to the American Bar Association, free market system, and to continue to the American Law Institute, and the solve and most has been resolved. And even when it is not resolved, with other grow out from under the yoke of com- U.S.-Vietnam Trade Council to help munism which they are doing so well send experts to help Vietnam develop countries it is waived. But besides that, it is not foreign aid. The question right now. That is a different situation. the rule of law. Not one cent of this They first must make the decision is will it help Vietnam? You bet it will goes to the country of Vietnam, Mr. that they want the rule of law. When help Vietnam. It will help make Viet- President—not one cent. What we will they make the decision that they want nam a law-abiding rule-of-law country. do is what we did with Eastern Europe, the rule of law, then they deserve help. and as a matter of fact this initiative, And that should make it easier for And they made that decision when which was my initiative in the com- companies to invest there. they threw the Soviet Union out, when What is wrong with that? Do we want mittee, is patterned after that which they broke up the Soviet Union and this Communist country to stay Com- we had for Eastern Europe. After the threw out the Communist tyranny. munist? Or do we want them to have a fall of communism in Eastern Europe, Vietnam has not made that decision, they found that they had no legal sys- legal code? It is as simple as that. For unfortunately. Not only have they not tem in Poland, in Czechoslovakia, et the life of me, I do not understand the made it, they have criticized us pretty cetera. And the American Bar Associa- reasoning that says it is wrong to help openly in recent times, criticized the tion sent over lawyers and judges and Vietnam follow the rule of law. I think President of the United States, criti- that is a non sequitur and I hope the others, many of them contributing cized this Senator, Senator HELMS, and their time, to help them develop a Senate will roundly reject the Smith criticized others in the so-called legal system, a commercial code, a amendment. Helms-Burton amendment here regard- bankruptcy code, a criminal code—all The PRESIDING OFFICER. The Sen- ing our treatment of Cuba. of the codes; and then to train the ator from New Hampshire. Mr. JOHNSTON. Will the Senator judges to help run the system. That is Mr. SMITH. Mr. President, I ask yield on that point? what we want to do for Vietnam. The unanimous consent to add Senator Mr. SMITH. Certainly. Vietnamese have welcomed this. I THOMAS as a cosponsor to my amend- Mr. JOHNSTON. The Senator is spoke to the United States-Vietnam ment. aware that Vietnam is anxious to have Trade Council. I said the thing you can The PRESIDING OFFICER. Without aid from the American Bar Association do to best ensure investment in Viet- objection, it is so ordered. in helping them develop the rule of nam, to ensure you will be brought Mr. SMITH. Let me just briefly re- law. We have not had that kind of re- into the community of nations, is to spond. The Senator from Louisiana is quest from Libya and Cuba and others. develop a legal system to follow the correct in terms of waivers being ap- They are anxious to develop the rule of rule of law. They were willing and now plied in the past for countries. I think law. They want the American Bar As- are anxious to have this kind of aid. he mentioned Colombia and Peru. That sociation in there to help them do that. Within the last 2 weeks, a group of is true. And in most cases where such That is what this is all about. Is that legal scholars from Vietnam were here waivers were granted, it was related to not true? in Washington and I visited with them, narcotics, in the sense that we wanted Mr. SMITH. I do not know that you including the head of the Vietnamese to try to help them to stop the flow of can say emphatically and without any bar association as well as Vietnamese narcotics into this country. I think if doubt that Vietnam is ready to em- judges. They are eager and anxious to any Senator wanted to look up the brace the rule of law. I think, if I un- learn how to put together a legal sys- background on that, they would find derstand this amendment and I under- tem modeled on the American system. out that is the reason for the waiver. I stand the debate here, it is more likely If there is anything we want for Viet- think in most cases they were voted that we are trying to encourage them nam, how can anyone in this body be on, these waivers, in the Senate, and through these dollars to embrace the against Vietnam adopting the rule of not tucked into a foreign operations rule of law and to make it easier for law? How can anybody in this body be bill. companies who do business there to do against training Vietnamese judges to Let me also say I am all for Vietnam so under some legal system. That follow the law, Western-style law, coming around to the rule of law. I would be my interpretation of it. I do propagated by the American Bar Asso- hope it happens before the end of my not think Vietnam has embraced the ciation? I just do not understand. speech. But is it happening? If they rule of law and said we will embrace The reasoning seems to be this. Viet- supported the rule of law they would the rule of law if you provide us this nam is a repressive regime, says my have free elections. The last time I $1.5 million. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8763 My point is, I say to my friend, the lawyers to Vietnam to sit down and ness the day before. We were approach- issue here is really: Have they made discuss with them how they might set ing $5 trillion at that time. I think we the decision and is it fair for us to put up a legal system without having $1.5 met it a day or two after that. I $1.5 million in aid in there when we million of the American taxpayers’ stepped in and some Senators were sit- have this money that is already owed money. The American Bar Association ting there. I said, ‘‘How many of you us? Why make an exception? That is donates tens of millions of dollars to know how many million are in a tril- the issue. political campaigns, frankly in my lion?’’ These are the people who ran up Mr. JOHNSTON. If my friend will friend’s party more than my own. I this debt for the young people of this yield, what Vietnam has said is that think they certainly have the capabil- country to pay. Not one was certain they are anxious to have this aid. I ity of $1.5 million to go over there, if about the answer. There are 1 million mean this legal help from the ABA and that is important to them, to set up million in a trillion, Mr. President, as the International Law Institute. They this business structure. the distinguished occupant of the Chair are anxious to have this aid because But it would help also that instead of knows. they want to develop this system. just setting up a business structure to We have run up this debt by saying, They are in the process of developing see to it that profits can be made, I ‘‘This is a good thing to do, let’s let the a commercial code, a civil code, train- hope they also will work on helping taxpayers pay for it.’’ ‘‘This is a good ing their judges in criminal codes. Part these poor, unfortunate souls who sit thing to do, let’s let the taxpayers pay of it is helping them draft the laws, in prisons for years and years and years for it.’’ ‘‘This is a good thing to do; oh, and part of it is in training the lawyers without even having charges brought this is going to pay for itself.’’ and the judges, and they want this. against them because there is no legal How many times have I heard that? They were in my office just 2 weeks system. That is my point. Senator SMITH said these ‘‘temporary ago. What is wrong with that? This is not a situation where we go programs.’’ I bet you 75 percent of the Mr. SMITH. Let me tell you what I back and replay the normalization ar- programs that are started by the Fed- think is wrong with it. You are hoping gument or the MFN argument or diplo- eral Government and approved by the that this works, and it may. No one matic relations argument. That is Congress are identified as ‘‘temporary can answer that question today. But it over. But I do think we need to make Federal programs.’’ didn’t work in Europe until after com- a statement that this country is still a For example, the Agency for Inter- munism fell. I don’t think that you can hard-line Communist regime. national Development, when it was ap- bifurcate law saying what is here on I have been there. I love the Viet- proved by Congress back in the fifties, one side, business law, is good and not namese people. I have traveled all over was a temporary Federal program. So abiding by the rule of law in terms of Vietnam. I have friends there, people I was ACDA. So is this one and that one, its treatment of its own people, in have met. I like the Vietnamese peo- and so forth. All of them are ‘‘tem- terms of imprisoning people without ple. I think they would benefit from a porary programs’’ still going strong having them charged. I don’t think you good legal system in that country. I with thousands of employees being paid can bifurcate those things and say this don’t think just providing $1.5 million for by the taxpayers. is OK and we will just overlook this. in aid is the way to get it. That is the I think that is the point that Senator Mr. JOHNSTON. Is my friend saying issue. SMITH is making. Ronald Reagan said he will not give aid to help them The issue is very simple, you either one time, ‘‘There’s nothing so near change the legal system until the legal support $1.5 million in foreign aid to a eternal life as a temporary Federal system is already changed? country that still owes us $150 million program.’’ I think that is the point of Mr. SMITH. No. that is a hard-line Communist regime it. Mr. JOHNSTON. At that point, they or you don’t. If you feel that is justi- I suggest you two fellows get to- don’t need any help. fied, then you vote against my amend- gether. Call the American Bar Associa- Mr. SMITH. What I am saying is I ment. tion and ask them if they will not raise think the right approach is to say to I yield the floor, Mr. President. this million and a half, or whatever it Vietnam, ‘‘You owe us $150 million. Mr. HELMS addressed the Chair. is, before 1 o’clock. Let’s work out a payment schedule in- The PRESIDING OFFICER. The Sen- Mr. SMITH. I ask unanimous consent stead of avoiding it and ducking it. ator from North Carolina. to have printed in the RECORD a letter Let’s work out a payment schedule to Mr. HELMS. Mr. President, I came to of support for the amendment from the return the $150 million that you owe the floor to address another amend- American Legion. us,’’ and once that schedule is set up ment, which, as I understand, has been There being no objection, the letter and we begin to see payments coming laid aside so this amendment could be was ordered to be printed in the back for that, then we can work with considered. RECORD, as follows: them to try to help them set up a legal I have listened with interest to both THE AMERICAN LEGION, code that not only applies to helping sides, and I almost have no dog in this Washington, DC, July 25, 1996. big business or business do business in fight, but I have to agree with the dis- Hon. ROBERT C. SMITH, Vietnam, but also helps the people of tinguished Senator from New Hamp- U.S. Senate, Vietnam who are suffering at the hands shire. The American Bar Association, if Washington, DC. DEAR SENATOR SMITH: The American Le- of a system that does not really have a it is so interested in this program, gion supports your amendment to H.R. 3540, rule of law. could raise $1.5 million, or whatever it the Foreign Operations bill, which deletes Mr. JOHNSTON. On that point, how is, before they go to lunch today, get $1.5 million in bilateral economic assistance would my friend say that we should on the telephone. to the Socialist Republic of Vietnam. We give that aid? What would be the meth- The point I think that Senator SMITH have steadfastly opposed any additional fa- od of helping them set up that legal is making is that every time somebody vorable actions toward Vietnam until they system? gets an idea, let’s do this or let’s do make honest and complete efforts to achieve Mr. SMITH. I think we would say to that, they ask the taxpayers to pay for the fullest possible accounting for our POW/ MIAs. the Vietnamese Government, ‘‘We want it. They don’t raise the money them- It is clear that Vietnam can take unilat- you to repay.’’ selves privately when they could. Some eral actions today in the areas of remains Mr. JOHNSTON. I understand. But of the fattest cats in this country and records that could account for many after they made that decision and you think up ideas to be financed by the missing Americans. Moreover, our support say it is right then to help them set up American taxpayers. for your amendment is further strengthened a legal system, would you not use the As the result of all this, this Govern- by the default status of prior U.S. loans pro- American Bar Association and the ment is in debt well over $5 trillion. I hibited under the so-called Brooke Amend- International Law Institute, the Unit- went in the cloakroom one day a cou- ment. An appropriation of $1.5 million to Viet- ed States-Vietnam Trade—— ple of months ago in connection with a nam at the time to assist in reforming its Mr. SMITH. The American Bar Asso- report I have been making daily since trade regime would only encourage their ciation, I say to my friend, certainly 1992, stipulating and reporting the continuing intransigence and discourage has the financial capability to send exact Federal debt as of close of busi- meaningful unilateral cooperation by them S8764 CONGRESSIONAL RECORD — SENATE July 25, 1996 in providing the fullest possible accounting. Mr. LEAHY addressed the Chair. ought to ask, why is it that some of We strongly support your amendment to The PRESIDING OFFICER. The Sen- our strongest economic competitors H.R. 3540. We appreciate your continuing ator from Vermont. like Japan and others are so happy to leadership on issues of importance to veter- Mr. LEAHY. Mr. President, various see us withdraw, so they can step in. ans. Senators have been coming over and Sincerely, The fact is very simple, Mr. President, JOHN F. SOMMER. Jr., bringing up amendments and speaking they are creating jobs. Executive Director. to them. I encourage others, if they Many countries spend a great deal Mr. SMITH. Mr. President, other have them, to do that. I know that we more than we do as part of their budget than that, I have no further comments. are trying to accommodate the com- on so-called foreign aid and develop- Mr. HELMS. If the Senator will mittees that are meeting, hearings ment. The reason they do it, of course, yield, if he has no objection, I wish he that are going on, and so forth, and is not out of any sense of moral respon- would make me a cosponsor of his trying to stack votes when we can. But sibility or altruism. They do it because amendment. I know the chairman and I wish to fin- it creates jobs. It creates an export Mr. SMITH. Mr. President, I ask ish the bill at a relatively expeditious market for their products. It creates a unanimous consent to add Senator time. I mention this for what it is presence in these countries as they de- HELMS as a cosponsor. worth. Mr. President, I suggest the ab- velop their own economic powers. It The PRESIDING OFFICER. Without sence of a quorum. helps stability so they do not have to objection, it is so ordered. The PRESIDING OFFICER. The get involved in regional battles. But it Mr. PELL addressed the Chair. clerk will call the roll. creates jobs. The PRESIDING OFFICER. The Sen- The bill clerk proceeded to call the They see the United States with- ator from Rhode Island. roll. drawing and withdrawing and refusing Mr. PELL. Mr. President, I wish to Mr. LEAHY. Mr. President, I ask to get involved in international efforts speak against the Smith amendment unanimous consent that the order for of economic development in these which would prohibit funding for eco- the quorum call be rescinded. countries and they see U.S. jobs being nomic assistance to Vietnam. I just The PRESIDING OFFICER. Without lost. Our companies that export, our visited Vietnam 2 months ago and I be- objection, it is so ordered. companies that have the ability to do lieve that this amendment would move Mr. LEAHY. Mr. President, I am so, are just laying off people left and us in exactly the wrong direction as we happy to give another stirring speech if right as we withdraw. attempt to encourage economic and po- it would help, as I know I will have the It is strange to me, Mr. President, litical change in Vietnam. unrestrained attention of the distin- how some of the same Members of this There is a tremendous entrepreneur- guished Presiding Officer who other- body who brag about how they will try ial spirit pervading the streets of wise may find it difficult keeping both to stop any efforts for economic devel- Hanoi. All along the narrow, winding eyes open, but I would rather other opment or democracy building in other streets you will find small stores Senators present their amendments so parts of the world, will stand here and crammed in next to each other, selling we could, as much as I know everyone bemoan the fact that other countries every thing under the Sun—books, prefers staying and working on this in the Pacific basin or Europe or else- postcards, clothes, car parts. The peo- amendment, so we could get out of here where are taking away our export jobs. ple of Vietnam very clearly want to on this thing. I understand the cloak- They fail to see the connection. Of have their own businesses. They want room is looking for other amendments. course, there is a connection. to trade. They clearly want a market I must say, in seriousness, we end up As I said this morning, there is also economy, but they need help to develop making policy sometimes directly and a moral imperative here. In parts of it. The foreign operations bill provides sometimes indirectly on this bill. We sub-Saharan Africa we help out with funding for us to provide assistance to do affect the authorization as well as aid, maybe 20 to 50 cents per capita or teach them economic and legal re- the appropriation on this bill because less. We have spent more for the costs forms. This type of assistance will only we do not have a piece of authorizing of the CONGRESSIONAL RECORD debating encourage the country to move farther legislation to work from. this bill so far today than the per cap- away from socialism and closer to a I urge Senators to understand what ita income of many of these countries, Western-style market system. has happened as we have allowed our- of whole families, in many of these Moreover, this is just the type of re- selves to be captured by our rhetoric. countries. We will spend 25 to 50 cents form that United States business lead- The irony is that during the Reagan there, yet we will use 50 percent or ers in Hanoi told me they need to see administration, I recall Senators still more of the world’s resources with 5 in Vietnam. It is very much in Amer- in this body who would say they percent of the world’s population. ican commercial interests to have in- strongly applaud President Reagan’s We have a moral responsibility. No vestment and especially legal reforms efforts to curtail foreign aid. And yet, matter how one looks at it, we can in Vietnam. U.S. businesses are losing of course, President Reagan supported argue we have a responsibility to help money now, but they continue to do nearly $25 billion in foreign aid. Now out with other parts of the world. business there because they believe that same rhetoric, they say, ‘‘We have There is our moral responsibility, but change is coming to both the country to do something; now that the Clinton also it makes economic good sense. and the region as a whole and that administration is here the foreign aid I see the distinguished Senator from change will be profitable for them. The has risen.’’ Well it is now down around Massachusetts on the floor, so I yield type of assistance this bill provides for $10 or $11 billion under the current ad- to him. will encourage that change to come ministration. At some point, we should Mr. KERRY. Mr. President, what is sooner, rather than later. stop the rhetoric and face the reality. the pending amendment? By prohibiting economic assistance The fact of the matter is we have in- The PRESIDING OFFICER (Mr. to Vietnam, the amendment we are dis- terests worldwide. If we want to have a CAMPBELL). The pending business is cussing would needlessly stifle bud- fortress America, we should make that amendment No. 5027, offered by the ding, indigenous market reforms and decision. But I am afraid that is a for- Senator from New Hampshire, Mr. hurt United States companies at the tress that would find its walls quickly SMITH. same time. crumbling. Much of what keeps our Mr. KERRY. I will take a few min- It was truly an amazing sight to see economy growing is our export market. utes to speak to that amendment. I the people in Vietnam in the streets, What keeps America strong is the fact will not spend a lot of time on it. Vietnamese and American businessmen we are recognized as a global power I strongly oppose the amendment of working and chatting together in a with far-reaching responsibilities and the Senator from New Hampshire but friendly way. That would have been im- far-reaching benefits. respect his concern about it. I com- possible to imagine 20 years ago. I hope When we pat ourselves on the back mend to my colleagues that I think the this amendment is not accepted and and praise ourselves for the cuts that concern expressed by the Senator from that we do what we can to encourage we have done in international organi- New Hampshire is misplaced in this Vietnam’s development. I yield floor. zations, in international efforts, we particular instance, and that the real July 25, 1996 CONGRESSIONAL RECORD — SENATE S8765 interests of the United States are to to reform the legal system and eco- The PRESIDING OFFICER. The continue forward in helping to build a nomic structure of Vietnam would lit- clerk will report. legal code and trade code in Vietnam erally be to turn our backs on 30-plus The bill clerk read as follows: that is based on our notions and pre- years of aspirations with respect to The Senator from North Carolina [Mr. cepts about both the legal systems and that country. We are trying to do now, HELMS], for himself, Mr. LOTT, and Mr. trade. peacefully, what we invested 58,000-plus GREGG, proposes an amendment numbered Mr. President, the Senator from New American lives to do during a 10-year 5028. Hampshire argues that we should not war. It just does not make sense to Mr. HELMS. Mr. President, I ask go forward with this legal program— turn away from the legal reform pro- unanimous consent that reading of the legal reform program in Vietnam, gram that would be created by this amendment be dispensed with. which is what it is—because he says bill, which is the logical, needed fol- The PRESIDING OFFICER. Without Vietnam is in violation of the Brooke low-on to the Fulbright program. objection, it is so ordered. amendment. The Brooke amendment is Vietnam wants our help in develop- The amendment is as follows: an amendment that limits U.S. aid to ing its legal code. What an extraor- On page 198, between lines 17 and 18, insert countries that are in default to the dinary thing. What a great oppor- the following: United States on money owed. The de- tunity. For us now to suggest that is RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS fault that he is referring to is a default not a more peaceful and sensible way of TO UNITED NATIONS AGENCIES that goes back to the question of debt approaching the process of changing a SEC. . (a) PROHIBITION ON VOLUNTARY emanating from the war, back in the system of values and cultural—I do not CONTRIBUTIONS FOR THE UNITED NATIONS.— 1960’s. know what is better than that. It None of the funds appropriated or otherwise Indeed, the United States and Viet- seems to me that, recognizing that the made available by this Act may be made nam have already had a number of full debt has been accepted in prin- available to pay any voluntary contribution rounds of negotiations on this debt. of the United States to the United Nations or ciple, the only contentious issue within any of its specialized agencies (including the The debt does exist. I am not suggest- the debt is $8 million of USDA money, United Nations Development Program) if the ing it does not. However, Vietnam has it would simply be wrong to turn our United Nations attempts to implement or agreed in principle to pay the debt. It backs on these 5 years of progress. impose by taxation or fee on any United is a debt that has been owed to us from I hope my colleagues will join in op- States persons or borrows funds from any the time that certain property was ex- posing this amendment and in affirm- international financial institution. propriated during the war. The debt is ing that it is in our interest to con- (b) CERTIFICATION REQUIRED FOR DISBURSE- about $150 million in total. As I say, tinue to invest in the legal and eco- MENT OF FUNDS.—None of the funds appro- they have agreed to pay that debt, with nomic reform of Vietnam and to bring priated or otherwise made available under this Act may be made available to pay any the exception of about an $8 million Vietnam into the world community voluntary contribution of the United States amount that remains in discussion with respect to trade laws and regula- to the United Nations or any of its special- over the question of USDA loans. tions, property laws and rights, and all ized agencies (including the United Nations So, Mr. President, we have really re- of the means of accountability for Development Program) unless the President solved the major part of the issues with those companies that are or will be certifies to the Congress 15 days in advance respect to this total debt. In addition doing business in Southeast Asia. of such payment that the United Nations or to that, we have, in the past, on a num- I yield the floor. such agency, as the case may be, is not en- ber of different occasions, waived the Mr. President, I suggest the absence gaged in, and has not been engaged in during Brooke amendment when it has been in of a quorum. the previous fiscal year, any effort to de- The PRESIDING OFFICER. The velop, advocate, promote, or publize any pro- the national interest to do so. We posal concerning taxation or fees on United waived the Brooke amendment with re- clerk will call the roll. States persons in order to raise revenue for spect to narcotics assistance in Colom- The bill clerk proceeded to call the the United Nations or any of its specialized bia, with respect to Peru and Bolivia, roll. agencies. for development assistance for Tanza- Mr. HELMS. Mr. President, I ask (c) DEFINITIONS.—As used in this section: nia, for other African countries, and unanimous consent that the order for (1) The term ‘‘international financial insti- also for Nicaragua. the quorum call be rescinded. tution’’ includes the African Development Mr. President, the Brooke amend- The PRESIDING OFFICER. Without Bank, the African Development Fund, the Asian Development Bank, the European ment is not really what is at issue objection, it is so ordered. Mr. HELMS. Mr. President, may I Bank for Reconstruction and Development, here. The issue is, Do we or do we not the Inter-American Development Bank, the want to move forward with improving ask what is the pending business? The PRESIDING OFFICER. The International Bank for Reconstruction and our ability to have a legal system in Development, the International Develop- Vietnam that is based on our notions pending business is the Smith amend- ment Association, the International Finance and precepts of what the law is and ment No. 5027 to the foreign operations Corporation, the International Monetary means, and do we want to have a trade appropriations bill. Fund, and the Multilateral Insurance Guar- Mr. HELMS. As I understand it, at regimen that meets the needs of our anty Agency; and least one or maybe two other amend- (2) The term ‘‘United States person’’ refers companies and the rest of the world in ments have been set aside for that to to— trying to do business with Vietnam be the pending business. (A) a natural person who is a citizen or na- which moves toward Western values The PRESIDING OFFICER. The Sen- tional of the United States; or and goals? (B) a corporation, partnership, or other ator is correct. Mr. President, a number of years ago, legal entity organized under the United Mr. HELMS. Mr. President, I ask I created the Fulbright Exchange Pro- States or any State, territory, possession, or unanimous consent that all necessary gram for Vietnam. We are now in the district of the United States. amendments be set aside so that I may fifth year of that program, and it has Mr. HELMS. Mr. President, this call up an amendment. amendment is cosponsored by the dis- been an enormous success. We brought The PRESIDING OFFICER. Without tinguished majority leader and the dis- Vietnamese academics, officials, and objection, it is so ordered. others to the United States. We have The Senator from North Carolina is tinguished Senator from New Hamp- trained them in some of the best recognized. shire, Senator GREGG. schools, some of our best economic in- Mr. President, on January 15 of this AMENDMENT NO. 5028 stitutions, as well as some of our legal year, the Secretary General of the (Purpose: To prohibit United States vol- institutions. I think we are now at a untary contributions to the United Nations United Nations, Boutros Boutros- point where we are seeing many Amer- and its specialized agencies if the United Ghali, while speaking at Oxford Uni- ican professors in law and trade and ec- Nations attempts to implement or impose versity over in England, of course, out- onomics going to Vietnam and teach- taxation on United States persons to raise lined a series of revenue-raising op- ing in Vietnam. revenue for the United Nations) tions to pay for the United Nations’ So to suddenly take out of this bill a Mr. HELMS. Mr. President, I send an day-to-day activities. Mr. Boutros very small amount of money that is amendment to the desk and ask for its Boutros-Ghali then went on the British geared to trying to increase the ability immediate consideration. Broadcasting Corporation suggesting S8766 CONGRESSIONAL RECORD — SENATE July 25, 1996 that the United Nations should be al- If I could ask whoever is in charge of average working family is a whopping lowed to collect taxes directly from focusing the television cameras, I hope 34.6 percent of their total income. Tax American citizens and citizens of all that they will focus on the chart at my Independence Day, the day upon which other sovereign nations so that the side. You will see the bureaucracy of American citizens stop working for the United Nations ‘‘would not be under the United Nations. You will also see Internal Revenue Service and begin the daily financial will of member how we have entitled it. We call it working to feed and clothe their fami- states.’’ There was quite a tempest ‘‘The United Nations: One Big Mess.’’ lies, is now May 7, a full week later about that idea, and it was not in a That is precisely what it is. than when Mr. Clinton took office. teapot. The United Nations is an enormous In addition to this tax burden, every Let me say at the outset that I know and unwieldy maze of independent man, woman and child in the United Mr. Boutros Boutros-Ghali, not well, fiefdoms whose bureaucracies are pro- States now owes an average of but Dot Helms and I went to New York liferating almost by the hour and $19,494.49 as their share of the and had dinner with him and his wife whose costs are spiraling into the $5,173,226,283,802.71 debt. It should be no and another friend of ours and his wife, stratosphere and whose missions are surprise, therefore, that the watchdog and we had a very enjoyable evening. constantly expanding far beyond their group known as the Americans for Tax Mr. Boutros Boutros-Ghali has his own mandate. Worse, with its unyielding Reform—a good group of people—and 14 ideas about things, and I have been growth—just look at this bureaucracy, Governors around the country, all Re- known to have my own ideas about a if you will—worse, with its unyielding publicans, I might add, support the few things. It is in that context that I growth and its misguided ideology, the pending amendment. The prohibition on U.N. taxation want to comment a little bit about the United Nations is rapidly transforming upon which this amendment is based Secretary General’s proposed scheme. itself from an institution of sovereign speaks for itself. Yet the Secretary Absurd as it is, it is not an isolated nations into a quasi-sovereign entity General and U.N. bureaucrats continue one. James Tobin, an international itself. This unchecked transformation to raise the specter of more and more economist, back in 1976 proposed a U.N. and the Clinton administration’s un- taxes on the American people. tax on currency transfers, and Gustave wise over-reliance on the United Na- So I guess it might be said that I am Speth, present Director of the United tions, obviously represents a threat to here today to try to help the American Nations Development Program—and all American national interests. That is people make clear that even the con- through the bureaucracy, here and the reason I am standing here on this sideration of U.N. tax authority is to- there, we always use initials, and that floor with this chart right beside me. tally unacceptable. I do not want to is UNDP—the U.N. Development Pro- Mr. President, the 53,000—count hear any more about it, and I made gram has called for a ‘‘global human them—53,000 international bureaucrats that clear to Boutros Boutros-Ghali as security fund’’ financed from global at the United Nations would find it nicely as possible. Passage of this fees such as the Tobin tax on specula- worthwhile if they would spend just a amendment would send a clear message tive movements of international funds few minutes reading the Constitution to Mr. Boutros Boutros-Ghali and the and international tax on the consump- of the United States of America. De- entrenched bureaucracy at the United tion of nonrenewable energy and a tax spite what these bureaucrats may hope Nations that what is necessary at the on arms trade. I am not making that and desire, the United Nations, not United Nations is real reform, not the comment just idly. That is an exact being a sovereign entity itself, can- taxation of the American citizens. quote of what Mr. Speth proposed. not—cannot—levy taxes. We could be Mr. President, I ask for the yeas and It is no coincidence that 1 week after grateful that it is not a world govern- nays on the amendment. Mr. Boutros Boutros-Ghali made his ment. The PRESIDING OFFICER. Is there a chilling announcement about the need You see, the United Nations exists to sufficient second? and desire for giving the United Na- serve its members, of which the United There appears to be a sufficient sec- tions power of taxation, the former dis- States is one. The United States is also ond. tinguished majority leader of the Sen- the most generous member of the Unit- The yeas and nays were ordered. ate, Bob Dole, and Senators KERRY, ed Nations—not the other way around. Mr. HELMS. I thank the Chair. I SHELBY, and I introduced what was Yet, when you look at this chart—I yield the floor. then S. 1519, which was a bill to forbid wish that the thousands of people look- Mr. GREGG addressed the Chair. Mr. LEAHY. Mr. President, I wonder any U.S. payments to the United Na- ing at this chart on television at this if the Senator will just answer a ques- tions if the United Nations attempts in moment could have a chance to exam- ine it line-by-line. But judging from it, tion. I realize he has yielded the floor. any way to levy taxes on the American I wonder if I might ask the Senator this insatiable U.N. bureaucracy has people. All right. from North Carolina a question. I was So, Mr. President, the pending for 50 years now been impervious to just glancing over his amendment. amendment—by the way, what is the any kind of real reform. It has grown Mr. President, would the Senator tell number of the amendment? and mushroomed ‘‘like Topsy.’’ me, in section (a), the first section, it The PRESIDING OFFICER. The That is why, from the standpoint of speaks of the ‘‘United States persons or number is 5028. the U.N. bureaucracy, new taxes on the borrows funds from any international Mr. HELMS. I thank the Chair. The American people by way of inter- financial institution.’’ Does that mean pending amendment is based on S. 1519, national airline tickets, financial that no money could go to them if they to which I have just referred, and it, transactions, postcards sent from over- were to borrow money from, say, the like S. 1519, prohibits all U.S. vol- seas—all of these and others—would New York City Bank or other inter- untary contributions to the United Na- provide a seemingly endless stream of national financial institution just to tions if the United Nations should resources from which, Heaven forbid, pay their payroll? If they borrow from make an attempt to levy a direct tax an ever-increasing number of new U.N. an American bank that has inter- on the American people. programs and new personnel and new national affiliates to pay whatever Furthermore, the amendment re- bureaucrats could be undertaken. housekeeping bills, would that preclude quires the President of the United Mr. President, if the Secretary Gen- us? States to certify to Congress that no eral and his allies at the United Na- Mr. HELMS. Of course not. If the United Nations agencies, including the tions develop a program, and should Senator had read the amendment, he UNDP, are concocting any sort of they make the mistake of persisting in would know the answer to his own scheme for a direct tax on the Amer- this U.N. tax scheme, there could very question. ican people. I am very pleased and hon- well be the 1996 version of the Boston ‘‘(c) Definitions. As used in this sec- ored that the present majority leader Tea Party. This time it would be, I tion.’’ of the Senate, Mr. LOTT, and the chair- guess, in New York Harbor—because Mr. LEAHY. Would this require in man of the Commerce, State and Jus- working Americans are already over- any way cutting money to UNICEF? tice Appropriations Subcommittee, taxed beyond belief. Mr. HELMS. I did not understand the Senator GREGG, have joined in offering Today, the visible—the taxes that we Senator. Look at me so I can read your this amendment. can see—the visible tax burden for the lips. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8767 Mr. LEAHY. I am sorry. Unlike oth- Mr. LEAHY. Mr. President, so let me stitutions. And on line 8, it says, ‘‘None ers, I was trying to follow the rules by read then what we have here. It says, of the funds appropriated or otherwise addressing, Mr. President, the question ‘‘None of the funds appropriated or oth- made available under this Act may be through the Chair. But does this re- erwise made available by this act may made available to pay any voluntary quire cutting of any funds to UNICEF? be made available to pay any voluntary contribution of the United States to Mr. HELMS. There is no intention, contribution of the United States to the United Nations or any of its spe- expressed or implicit. the United Nations or any of its spe- cialized agencies * * *.’’ Mr. GREGG addressed the Chair. cialized agencies (including United Na- That prohibition follows, as I read The PRESIDING OFFICER. The Sen- tions Development Program),’’ and on this, ‘‘* * * if the United Nations * * * ator from Vermont has the floor. and on. ‘‘If’’—and what triggers this, borrows funds from any international Mr. LEAHY. My last question. If it among other things—‘‘if the United Na- financial institution,’’ as defined in was found that they had borrowed tions * * * borrows funds from any here. I am not arguing that point. I money from international financial in- international financial institution,’’ just want to make sure we understand stitutions as defined here, would we which would include the African Devel- what we are doing. then have to withhold any contribu- opment Bank, the African Develop- Mr. HELMS. You did not finish read- tions to UNICEF? ment Fund, the Asian Development ing, Senator. If you had gone ahead and If it was found that they were bor- Bank, the European Bank for Recon- finished what you were reading, you rowing funds from one of the inter- struction and Development, and others would have discovered that this whole national financial institutions as de- as listed, the International Monetary thing is based on Boutros Boutros- fined— Fund, and so on. Ghali’s and others’ recommendation Mr. HELMS. The answer to that is Under that, unless some waiver is that the United Nations be given sov- no. given, we would be precluded from con- ereignty to tax the American people Mr. LEAHY. In the amendment, tributions to UNICEF, International and other sovereign countries. That is would we then be precluded from con- Atomic Energy Agency, World Food what this whole section is. tributions to them? Program, and any of these others. I do Mr. LEAHY. Mr. President, the idea Mr. HELMS. The answer is no. not know how one could read it other- that anybody is trying to give the Sec- Mr. LEAHY. What would we be pre- wise. retary General, whoever he might be, cluded under those circumstances from The PRESIDING OFFICER. The Sen- of the United Nations, the ability to making contributions to? Because we ator from North Carolina. impose taxes on the United States is have voluntary contributions to a spe- Mr. HELMS. I will say, Mr. Presi- about in the league of all these black cialized agency such as UNICEF. If we dent, in response to the Senator, I helicopters that appear in the middle are not precluded from giving to think he is on a fishing expedition and of the night, bringing U.N. troops UNICEF, what are we precluded from he is not going to catch any fish. But around to take over whatever parts of giving to? UNICEF cannot now borrow money, ac- the United States they are about to do. Mr. HELMS. Is the Senator really cording to my understanding. Is that That is not about to happen. concerned about UNICEF? I just want to make sure we under- Mr. LEAHY. Mr. President, the Sen- correct? So that question is moot. I do stand, in voting for this, we could be ator has had—— not know what the Senator from Ver- cutting off our ability, if the United Mr. HELMS. If so, I will be glad to mont is talking about. If he wants to Nations has borrowed from any of exclude it. exclude UNICEF for some personal rea- Mr. LEAHY. Mr. President, this Sen- son, I will be glad to exclude it. these international organizations, our ator has spent years supporting Mr. LEAHY. Mr. President, we have a ability to make payments to the U.N. UNICEF. As I read this, we are unable whole lot of things, but it does not Environment Program, the World Food to give money to UNICEF. speak of if UNICEF borrows. ‘‘If the Program, International Atomic Energy Let us be clear. There are a lot of United Nations * * * borrows funds Agency, UNICEF, the International other things in here. Whatever agency from any international financial insti- Fund for the Advancement of Women, provides funds for river blindness, we tution.’’ I am not on a fishing expedi- the International Fund Against Tor- would be precluded from that. We tion. I just want to make sure we have ture, the U.N. Environmental Program, would be precluded from others. a clear record. I do not favor the Unit- and on and on. The Senator has an absolute right to ed Nations or anybody outside of the That may be wise policy. My sugges- have such an intention, but I just want United States or my own State of Ver- tion would be that perhaps, as such to make sure we understand precisely mont raising taxes. But we are talking policy, it should be debated and in- what we are doing. If they borrow funds about if the United Nations borrows, cluded in an authorization bill which from any of these international finan- all of these others will then be pre- would originate in the committee of cial institutions, I would assume this cluded from contributions from us. the distinguished Senator from North would then preclude our dollars to I am not trying to get the distin- Carolina, the committee he chairs. UNDP, UN Environmental Program, guished Senator from North Carolina Should he wish to do that in such an the World Food Program, International to change his amendment. I just want authorization bill, he ought to, rather Atomic Energy Agency, UNICEF, and to make sure we understand what it than try to attach it onto this appro- others. Am I correct? does, that is all. He has a perfect right. priations bill. But he is, of course free, Mr. HELMS. The answer is no. Mr. HELMS. I say to the Senator as any Senator is, to bring up anything Mr. LEAHY. What does it preclude us from Vermont, what we are doing, you he wants. from giving? read to me from the amendment what I just want to make sure we know ex- Mr. HELMS. If the Senator wants to gives you a problem and I will answer actly what it is we are voting for. I just read the amendment—— a question about that. I do not want wanted the RECORD to be clear so Sen- Mr. LEAHY. I have. you characterizing any provision of the ators, those who have positions in Mr. HELMS. I ask the clerk to read amendment. I want you to quote from favor of some of these independent the amendment. Apparently the Sen- the amendment itself, and then ask me agencies like the International Fund ator has not read it. any question you want to. Against Torture or the World Heritage The PRESIDING OFFICER. The Mr. LEAHY. Mr. President, on page 2 Agency or the International Fund for clerk will report the amendment. of the amendment, where it speaks—— the Advancement of Women or The bill clerk read as follows: Mr. HELMS. What line? UNICEF, or any of those, probably Amendment No. 5028. On page 198, between Mr. LEAHY. I am citing line 3: ‘‘* ** many others I do not have off the top lines 17 and 18, insert the following: if the United Nations attempts to im- of my head, they must know that, for Mr. LEAHY. Mr. President, par- plement or impose any taxation or fee whatever it is worth. liamentary inquiry. Has the amend- on any United States persons or bor- Mr. HELMS. Maybe the Senator ment not already been reported? rows funds from any international fi- would read my lips, as the statement The PRESIDING OFFICER. The nancial institution.’’ And then, on line goes. Nothing in here kicks in unless amendment has been reported. 21, we have the definition of those in- the United Nations engages in, during S8768 CONGRESSIONAL RECORD — SENATE July 25, 1996 the fiscal year, ‘‘* * * any effort to de- eral—‘‘to bring this project to success- Yes, we have significant arrearages velop, advocate, promote or publicize ful fruition in the 21st century.’’ at the U.N., but we are, as a matter of any proposal concerning taxation or So we have an unequivocal statement policy, at least in the Congress, stating fees on United States persons in order of policy coming from the leader of the that we are not going to pay down to raise revenue for the United Nations U.N. that it is the intention of the those arrearages until the U.N. has got- or any of its specialized agencies.’’ United Nations’ leadership to pass a ten its house in order, and it does not Nothing kicks in. I believe the Senator tax on, I guess, citizens of the world, have its house in order. understands that. I say, again, if he but especially citizens of the United We addressed a letter, myself and wants us to eliminate UNICEF, I will States. Senator Dole and Senator HELMS, to be glad to do that. It would be a mean- I join with my colleague from North the General Accounting Office to deter- ingless gesture, but—— Carolina and congratulate him on mine just what rights the Secretary Mr. LEAHY. Mr. President, I appre- bringing forward this amendment to General has to assess taxes against ciate the suggestion of the distin- make it unalterably clear that we ob- American citizens. We asked specifi- guished Senator from South Carolina ject strongly, and will resist in all cally: to read his lips. ways available to us, the concept of the Are there any circumstances under which Mr. HELMS. North Carolina, I say to United Nations assessing a tax on any the U.N. revenue-raising proposal could be the Senator. American citizen. The United Nations binding on U.S. citizens without an act of Mr. LEAHY. I know Presidential can- is an organization which has been mis- Congress? didates said that, and said they would managed in the most grotesque ways. What is the process for approval of reve- not raise taxes: ‘‘Read my lips, there The chart that the Senator from North nue-raising proposals by the U.N., including the role of the Security Council and the Gen- will be no new taxes.’’ But because I Carolina sets forth is only one example of the massive patronage and financial eral Assembly? know what happened when we followed Are there any circumstances under which a that, I would rather just read the disarray that represents the United Na- U.N. tax proposal could be adopted over U.S. words. And the words said, ‘‘None of tions. opposition? the funds appropriated or otherwise Just a few examples, so folks listen- What is the status under U.S. domestic law made available under this act may be ing to this do not have to take me at and relevant international law of each of the made available to pay any voluntary my word. The average United Nations U.N. revenue-raising proposals? salary for a mid-level accountant is What funding sources are available to the contribution of the United States to U.N. organization apart from contributions the United Nations or any of its spe- $84,500. The average salary for com- parable non-United Nations individual from member states? cialized agencies,’’ which include the What authority does the U.N. have for each ones I have mentioned, if the United would be $41,000, or half of it. of these sources? The average U.N. computer analyst, Nations borrows funds from any inter- that individual receives approximately We have not yet gotten an answer to national financial institution. $111,000. That is compared with a coun- this request, but that answer is, of If the U.N. borrows money to make terpart in the private sector in the New course, critical to the determination of its payments from these international York area of $56,000. just what rights American citizens institutions because the U.S. and oth- The Assistant Secretary General re- have given away in chartering the U.N. ers are in arrears in their dues, then we ceives $190,000—this is the Assistant relative to the issue of taxation and are not allowed to give money to the Secretary General—receives $190,000. the policies of the U.N. and the ability World Heritage Agency, the Inter- That is compared with the pay for the of the U.N. to assess a tax. national Fund for the Advancement of mayor of New York City, which is Thus, I think it is important that we Women, the International Fund $130,000. adopt this amendment so that we make Against Torture, the U.N. Environment On top of all this, U.N. salaries are it clear that as a matter of law, the Program, UNICEF, and Lord knows not subject to tax. What an irony. You Congress has spoken, that it does not how many others. That is all I am say- have this Secretary General of the intend to tolerate attacks against ing. I am not reading anybody’s lips. I United Nations saying that he wants to American citizens assessed by the U.N. am just reading the words of the assess a tax against American citizens Therefore, I rise in strong support of amendment. when he doesn’t pay taxes, nor do the the amendment of the Senator from Mr. HELMS. The Senator is not read- people who work for him, even though North Carolina. I appreciate his leader- ing all of it. This amendment will not, they are stationed in the United ship on this matter, and I yield back of course, kick in unless there is some States. In fact, U.S. citizens working the remainder of my time. effort for the United Nations to tax at the U.N. don’t pay taxes. It is, to say The PRESIDING OFFICER. The Sen- American citizens. That is all it is. I the minimum, ironic. ator from Alaska. think it says that. We now, finally, have an inspector Mr. MURKOWSKI. Madam President, Furthermore, I think, if the Senator general to take a look at the money I ask unanimous consent that the will recall, the United Nations tried to that is being spent there. In the first Burma debate be set aside while I offer get borrowing authority from these report, the inspector general found an amendment. lending institutions last year, I believe about $16 million was wasted. The in- Mr. McCONNELL. The amendment of it was, to pay some debts, and that was spector general only got to look at a the Senator from Alaska is one that I denied. So that is a moot question. small slice of the U.N. activity. believe is going to be accepted, and I The PRESIDING OFFICER. Is there We, for example, know that they put therefore ask unanimous consent that further debate? turnstiles in at the U.N. for security the pending amendment be laid aside Several Senators addressed the reasons, I guess, but they had to pull so Senator MURKOWSKI can send his Chair. the turnstiles out because the staff of amendment to the desk. The PRESIDING OFFICER. The Sen- the U.N. protested because the turn- The PRESIDING OFFICER. Without ator from New Hampshire [Mr. GREGG] stiles were keeping track of when they objection, it is so ordered. is recognized. came and went. It became very clear Mr. LEAHY. Madam President, I Mr. GREGG. Mr. President, I rise in fairly quickly that most of them were wonder, once we have disposed of the support of this amendment. As has coming very late and leaving very amendment of the Senator from Alas- been mentioned, I believe last year, the early, so they took the turnstiles out. ka, if we could have some idea of the U.N. Secretary did state he intended to The U.N. for years has been a dump- order of business. pursue the option of imposing a tax on ing ground of political patronage for Mr. McCONNELL. I say to my friend airline tickets, currency exchanges, people around the world. If you have a from Vermont, as soon as Senator postage, energy sources and other pro- nation where the president or leader- MURKOWSKI’s amendment is disposed grams in order to raise additional ship of that nation wants to pay off a of, we could set votes on the Smith funds for the United Nations. Mr. few political cronies, they send them to amendment and the Helms amendment. Boutros Boutros-Ghali stated: ‘‘It will the U.N., put them on a U.N. salary and I ask unanimous consent the Senate be the role of the Secretary General’’— the United States taxpayer picks up 25 proceed to two rollcall votes, the and he, of course, is the Secretary Gen- percent of that cost. Helms amendment and the Smith July 25, 1996 CONGRESSIONAL RECORD — SENATE S8769 amendment, with no second-degree States-Japan Insurance Agreement, despite pan’s market is shared by Japanese amendments in order, at the conclu- more than one year since Japan undertook companies. Foreign and U.S. competi- sion of the disposition of the Murkow- new commitments under the WTO, despite tion share less than 3 percent of the ski amendment. the entry into force on April 1, 1996, of the Japanese market. In comparison, Japa- new Insurance Business Law, the Japanese The PRESIDING OFFICER. Without market remains closed and highly regulated nese and other foreign insurers have objection, it is so ordered. and thus continues to deny fair and open over 10 percent of the United States in- AMENDMENT NO. 5029 treatment for foreign insurers, including surance market. (Purpose: To express the sense of the Con- competitive United States insurers. What we are talking about, Madam gress regarding implementation of United (10) The non-implementation of the United President, is addressing equity. The States-Japan Insurance Agreement) States-Japan Insurance Agreement is a mat- United States and Japan negotiated Mr. MURKOWSKI. I send an amend- ter of grave importance of the United States over a year and a half, beginning Octo- Government. ber 19, 1994, and the United States- ment to the desk and ask for its imme- (11) Dozens of meetings between the United diate consideration. States Trade Representative and the Min- Japan Insurance Agreement was signed The PRESIDING OFFICER (Ms. istry of Finance have taken place during the in June 1995. Japan committed to a fur- SNOWE). The clerk will report. past year. ther liberalization under the World The legislative clerk read as follows: (12) President Clinton, Vice President Trade Organization. In April 1996 Japan The Senator from Alaska [Mr. MURKOW- Gore, Secretary Rubin, Secretary Chris- passed new insurance business laws. SKI], for himself, Mr. D’AMATO, and Mr. topher, Secretary Kantor, Ambassador Despite these commitments over this BOND, proposes an amendment numbered Barshefsky have all indicated to their coun- extended period of time, no progress 5029. terparts in the Government of Japan the im- has been made. The United States and portance of this matter to the United States. Mr. MURKOWSKI. Madam President, (13) The United States Senate has written Japan spent several months negotiat- I ask unanimous consent that the read- repeatedly to the Minister of finance and the ing over the meaning of an agreement ing of the amendment be dispensed. Ambassador of Japan. that they signed 19 months ago. This is The PRESIDING OFFICER. Without (14) Despite all of these efforts and indica- traditional in many of the business objection, it is so ordered. tions of importance, the Ministry of finance customs in Japan. You negotiate ex- The amendment is as follows: has failed to implement the United States- tensively, you negotiate with a com- Japan Insurance Agreement. On page 198, between lines 17 an 18, insert (15) Several deadlines have already passed mittee, and time marches on. As the the following: for resolution of this issue with the latest Japanese have observed, time and time SENSE OF CONGRESS REGARDING THE UNITED deadline set for July 31, 1996. again, many such firms simply give up, STATES-JAPAN INSURANCE AGREEMENT (b) SENSE OF CONGRESS.—It is the sense of go off and do something else, because (a) FINDINGS.—the Congress makes the fol- the Congress that— they simply cannot afford to spend lowing findings: (1) the Ministry of Finance of the Govern- that much time trying to open the (1) The United States and Japan share a ment of Japan should immediately and with- market. long and important bilateral relationship out further delay completely and fully com- During this timeframe, Japan threat- which serves as an anchor of peace and sta- ply with all provisions of the United States- bility in the Asia Pacific region, an alliance Japan Insurance Agreement, including most ened to relax rules in the one small which was reaffirmed at the recent summit especially those which require the Ministry sector where foreign companies have meeting between President Clinton and of Finance to deregulate and liberalize the some market share, yet they continue Prime Minister Hashimoto in Tokyo. primary sectors of the Japanese market, and to protect the larger sectors where (2) The Japanese economy has experienced those which insure that the current position Japanese firms are dominant. difficulty over the past few years, dem- of foreign insurers in Japan will not be jeop- It is the same old story. We have an onstrating that it is no longer possible for ardized until primary sector deregulation agreement, then that yields no results. Japan, the world’s second largest economy, has been achieved, and a three-year period We have seen it in the construction to use exports as the sole engine of economic has elapsed; and business analogy, and there has been growth, but that the Government of Japan (2) failing satisfactory resolution of this must promote deregulation of its domestic matter on or before July 31, 1996, the United this reference, ‘‘Well, to come into the economy in order to increase economic States Government should use any and all Japanese market you really need to growth. resources at its disposal to bring about full have experience. You need experience (3) Japan is the second largest insurance and complete compliance with the Agree- to get a license.’’ How do you get a li- market in the world and the largest life in- ment. cense? You have to have experience. surance market in the world. Mr. MURKOWSKI. Madam President, You cannot get a license without expe- (4) The share of foreign insurance in Japan I rise to offer an amendment to the for- rience. It is like ping-pong, going back is less than 3 percent, and large Japanese life and non-life insurers dominate the market. eign operations appropriation bill. I and forth. You cannot have one with- (5) The Government of Japan has had as its think it is timely that we have an ex- out the other. You soon come to the stated policy for several years the deregula- pression of the Congress toward Ja- conclusion you cannot get there from tion and liberalization of the Japan insur- pan’s failure to follow the letter and here. ance market, and has developed and adopted the spirit of the United States-Japan We signed 74 agreements with Japan. a new insurance business law as a means of Insurance Agreement. I have the utmost respect for the Japa- achieving this publicly stated objective of For many years, Madam President, I nese negotiators, the Japanese tradi- liberalization and deregulation. have been an advocate of encouraging tion and the Japanese way of business. (6) The Governments of Japan and the United States concluded in October of 1994 the Japanese to open up their markets, I have had an extensive career in busi- the United States-Japan Insurance Agree- as we have opened our markets to Jap- ness with the Japanese. They are hard ment, following more than one and one-half anese firms, to ensure that we main- negotiators. They are fair negotiators. years of negotiations, in which Agreement tain our competitiveness by having an They will take advantage of a person the Government of Japan reiterated its in- open-market concept. who is not on his toes. But, by the tent to deregulate and liberalize its market. It has been very difficult over the same token, with regard to access into (7) The Government of Japan in June of years for United States firms to do their markets, for the most part, they 1995 undertook additional obligations to pro- business in Japan. One of our more suc- simply stonewall us. This is not some- vide greater foreign access and liberalization to its market through its schedule of insur- cessful U.S. international markets has thing that we have seen much relief on ance obligations during the financial serv- been through the competitiveness of over the years. The agreements have ices negotiations of the World Trade Organi- the U.S. insurance industry. The indus- not translated into market access. Our zation (WTO). try has proven its ability to compete in trade deficit with Japan was about $60 (8) The United States insurance industry is numerous countries throughout the billion in 1995—the largest with any the most competitive in the world, operates world, providing a degree of service and country. successfully throughout the world, and thus coverage at competitive costs. We seem The insurance issue is important. It could be expected to achieve higher levels of to have a significant exception in our has been raised at the highest level, market access and profitability under a more open, deregulated and liberalized Japanese ability to do business in Japan. with our President meeting with Prime market. It is interesting to note that Japan Minister Hashimoto. The last time the (9) Despite more than one and one-half has the second largest insurance mar- meeting was in Japan. We have had years since the conclusion of the United ket in the world. However, most of Ja- dozens of meetings between the USTR S8770 CONGRESSIONAL RECORD — SENATE July 25, 1996 and the Ministry of Finance. I have The PRESIDING OFFICER. The sibly inspired by the fighting in raised it time and time again in many clerk will report. Chechnya, and the Russian military forums, business discussions, and in The legislative clerk read as follows: suffered its own tragedy with the dis- interactions with the Japanese side. The Senator from Kentucky [Mr. MCCON- covery of several tortured and executed Last month, I sent a letter, with the NELL] proposes amendment numbered 5030 prisoners of war. chairman of the Finance Committee, through 5034. Compounding the tragedy in Chairman ROTH and Chairman Mr. MCCONNELL. Madam President, Chechnya is the fact that President D’AMATO to President Clinton to ex- I ask unanimous consent that reading Clinton has failed to voice criticism or press our legitimate concerns about of the amendments be dispensed with. complaint of the Russian actions. He the lack of action. We noted that ‘‘Con- The PRESIDING OFFICER. Without even found occasion at a United States- gress has a responsibility to ensure objection, it is so ordered. Russian summit in May to speak in de- that trade agreements are honored, and The amendments are as follows: fense of the Russian actions by com- to act when they are not.’’ It is time to AMENDMENT NO. 5030 paring them favorably to our own Civil act, because they are not. (Purpose: To express the sense of Congress War. I understand Russia’s interest in Madam President, this amendment regarding the conflict in Chechnya) maintaining its territorial integrity, and the resolution I am offering today On page 198, between lines 17 and 18, insert but the current action is inexcusable. would call on the Minister of Finance the following: If President Clinton will not speak to fully comply with the provisions of for the Nation’s conscience then we in SENSE OF CONGRESS REGARDING THE CONFLICT the Senate must. The Russian actions the agreement. This is the voice of the IN CHECHNYA in Chechnya must stop. The massacre Congress speaking. If the matter is not Sec. . (a) CONGRESSIONAL DECLARATION.— resolved by July 31 of this year, that The Congress declares that the continuation of innocents is unacceptable and will would be the deadline that would direct of the conflict in Chechnya, the continued negatively affect relations between our the U.S. Government to use all of its killing of innocent civilians, and the ongoing countries. resources to bring about compliance. violation of human rights in that region are Madam President, the military ac- I also call on my colleagues and unacceptable. tion in Chechnya has been conducted— (b) SENSE OF CONGRESS.—The Congress Chairman ROTH to join me in pushing and continues—with a degree of brutal- hereby— for the resolution, to hold hearings in ity and reckless regard for civilian life (1) condemns Russia’s infringement of the that no democratic government can the Senate Finance Committee if the cease-fire agreements in Chechnya; issue is not resolved on the Japanese (2) calls upon the Government of the Rus- sustain. It is my great concern that, in side. I urge my colleagues to support sian Federation to bring an immediate halt addition to the killing of countless in- this resolution. I understand the floor to offensive military actions in Chechnya nocent victims, this violence in managers will accept this. and requests President Yeltsin to honor his Chechnya is bringing to an end the Mr. ROTH. Madam President, the decree of June 25, 1996 concerning the with- short journey Russia has made toward Senate’s unanimous vote in favor of drawal of Russian armed forces from the development of a democratic gov- Chechnya; ernment. the Murkowski amendment dem- (3) encourages the two warring parties to AMENDMENT NO. 5031 onstrates once again the serious con- resume negotiations without delay so as to cerns Members of this body have about find a peaceful political solution to the (Purpose: To allocate funds for demining the lack of action by the Japanese Min- Chechen problem; and operations in Afghanistan) istry of Finance to implement its obli- (4) supports the Organization for Security On page 125, line 2, before the period insert gations under the United States-Japan and Cooperation in Europe and its represent- the following: ‘‘: Provided, That, of the funds appropriated under this heading, $2,000,000 Insurance Agreement. atives in Chechnya in its efforts to mediate in Chechnya. shall be available only for demining oper- The Senate fully expects Japan to ations in Afghanistan’’. live up to its agreements. The Ministry Mr. HELMS. Madam President, my of Finance’s behavior on this issue is purpose in offering this amendment is AMENDMENT NO. 5032 particularly unfortunate because it un- to focus the attention of the United (Purpose: To require the United Nations vote dermines the credibility of the Govern- States once again on the terrible trag- report to include information about Amer- ment of Japan. edy unfolding in Russia. The text of ican foreign assistance) Congress has a responsibility to en- the amendment parallels the language At the appropriate place, insert the follow- sure trade agreements are honored, and of a resolution approved last week by ing new section: to act when they are not. the European Parliament condemning REQUIREMENT FOR DISCLOSURE OF FOREIGN AID The PRESIDING OFFICER. The the violence in Chechnya and supports IN REPORT OF SECRETARY OF STATE question is on agreeing to amendment the sentiment of legislation passed by SEC. . (a) FOREIGN AID REPORTING RE- No. 5029 offered by the Senator from the Russian State Duma this week QUIREMENT.—In addition to the voting prac- criticizing the actions of the Russian tices of a foreign country, the report re- Alaska. quired to be submitted to Congress under The amendment (No. 5029) was agreed Government. section 406(a) of the Foreign Relations Au- to. As I speak, Russian war planes and thorization Act, Fiscal Years 1990 and 1991 Mr. MCCONNELL. Madam President, heavy artillery continue to devastate (22 U.S.C. 2414a), shall include a side-by-side I move to reconsider the vote. civilian areas of Chechnya. While the comparison of individual countries’ overall Mr. MURKOWSKI. I move to lay that attention of the Western news media support for the United States at the United motion on the table. has faded, the violence in Chechnya Nations and the amount of United States as- The motion to lay on the table was continues to worsen. Based upon pic- sistance provided to such country in that fis- agreed to. tures of the devastation, I accept esti- cal year. (b) UNITED STATES ASSISTANCE.—For pur- Mr. MCCONNELL. Madam President, mates of up to 30,000 civilian casual- poses of this section, the term ‘‘United under a unanimous-consent agreement ties—primarily innocent men, women States assistance’’ has the meaning given we entered into, we are about to have and children. the term in section 481(e)(4) of the Foreign two rollcall votes. But Senator LEAHY Madam President, by breaking the Assistance Act of 1961 (22 U.S.C. 2291(e)(4)). and I have cleared five amendments. cease fire in Chechnya, the Russian Mr. FAIRCLOTH. Madam President, We would like to dispose of those first, military has unleashed yet another ter- current law requires the Secretary of which means we will have completed rible cycle of abuses on both sides of State to publish an annual report that action on 15 amendments. There will be this conflict. A recent Russian news re- tells the Congress how often foreign approximately 20 remaining. But the port tells of Russian soldiers cutting countries voted with the United States good news is only about four of those the ears off of dead Chechens as tro- at the Union Nations. Unfortunately, are going to require rollcall votes. phies. In an unprovoked act of hatred this report leaves out a key statistic, AMENDMENTS NOS. 5030 THROUGH 5034 Russian troops in Chechnya this week and that is how much foreign aid we Mr. MCCONNELL. Madam President, opened fire on three cars of civilians, are giving to the countries that vote I send five amendments to the desk, en killing most and finishing off the sur- against us. bloc, and ask for their immediate con- vivors with bayonets. The Russian peo- This amendment requires the Sec- sideration. ple have endured acts of terrorism pos- retary to include the amount of foreign July 25, 1996 CONGRESSIONAL RECORD — SENATE S8771 aid that these nations receive and a AMENDMENT NO. 5033 the Congress is crippling its ability to side-by-side comparison of voting (Purpose: To require a GAO study and report protect our environment, and, yet, records and foreign aid appropriations. on the grants provided to foreign govern- their budget can manage $2,000 for This amendment will assemble this ments, foreign entities, and international fringe benefits and $5,000 for travel ex- important information in a convenient organizations by United States agencies) penses for researchers in Nepal. and easily accessed resource. It will as- On page 198, between lines 17 and 18, insert The EPA sent $65,000 to Poland to sist those in the Congress and in the the following new section: survey local environmental issues. The public in their assessments of the mer- REPORT ON DOMESTIC FEDERAL AGENCIES taxpayers will be delighted to learn its of American foreign aid programs. FURNISHING UNITED STATES ASSISTANCE about the uses of their hard-earned tax I believe that there is good reason to SEC. . (a) IN GENERAL.—Not later than dollars: $16,000 for fringe benefits, scrutinize these two statistics. The June 1, 1997, the Comptroller General of the $18,000 for travel expenses, and $6,000 American taxpayers work hard for the United States shall study and report to the for equipment costs. money that flows to foreign countries Congress on all assistance furnished directly The EPA sent $300,000 to Bolivia, one or indirectly to foreign countries, foreign en- through the Treasury. The American tities, and international organizations by do- of the largest drug-producers in South taxpayers are told that foreign aid en- mestic Federal agencies and Federal agen- America, for an emissions inventory. courages support for American aims cies. The EPA approved $23,000 in travel ex- and diplomatic initiatives. (b) DEFINITIONS.—As used in this section: penses and, while these scientists are Analysis of the United Nations votes (1) DOMESTIC FEDERAL AGENCY.—The term on their international trips, EPA pro- of foreign aid recipients, however, re- ‘‘domestic Federal agency’’ means a Federal vided a generous $200 per diem. veals the fallacy of this rationale; 64 agency the primary mission of which is to This chart illustrates that these are percent of American foreign aid recipi- carry out functions other than foreign af- not isolated case: $319,000 to Mexico for ents voted against the United States fairs, defense, or national security functions. a satellite landscape survey; $300,000 (2) FEDERAL AGENCY.—The term ‘‘Federal more often than not in the 1995 session agency’’ has the meaning given the term in grant to Estonia to collect, analyze of the United Nations. section 551(1) of title 5, United States Code. and disseminate environmental infor- India, for example, received $156 mil- (3) INTERNATIONAL ORGANIZATION.—The mation for effective environmental de- lion in foreign aid in 1996. India, how- term ‘‘international organization’’ has the cisionmaking; $50,000 to Sweden for a ever, declined to support American dip- meaning given the term in section 1 of the database and global distribution of a lomatic initiatives as a gesture of ap- International Organization Immunities Act newsletter about energy-efficient light- preciation and voted against the Unit- (22 U.S.C. 288). ing; $134,000 to Mongolia and $194,000 to (4) UNITED STATES ASSISTANCE.—The term ed States in 83 percent of its U.N. Botswana to study greenhouse gasses. votes. India thus offered less support to ‘‘United States assistance’’ has the meaning given the term in section 481(e)(4) of the For- If this Congress intends to balance the United States than Iran and Cuba. eign Assistance Act of 1961 (22 U.S.C. the Federal budget—and I believe that The ten countries that voted against 2291(e)(4)). many of us do—we most certainly need the United States most often at the Mr. FAIRCLOTH. Madam President, to take a good look at the wasteful United Nations will nonetheless collect many people in this Chamber believe spending that benefits foreign coun- $212 million from the American tax- that all the foreign aid that we send to tries. payers. other countries is included in this one EPA complains that cuts in its budg- The United Nations sent troops to et will devastate their efforts to pro- Haiti to restore President Aristede and spending bill. But this is not the case. I have discovered that domestic agen- tect the environment. The EPA argues also sent $123 million in aid. Nonethe- that it cuts money for inspection and less, Mr. President, Haiti voted against cies are also in the foreign aid busi- ness. enforcement actions. However, the the United States 60 percent of the EPA still found $28 million for foreign time. This amendment will require the General Accounting Office to complete countries. President Clinton engineered a $40 I was elected to the Senate in 1992 on a report about grants to foreign enti- billion bailout for Mexico, and, yet, a pledge to bring common sense to ties by Federal Government agencies. Mexico voted against us in 58 percent Washington. This study will be limited to domestic of its U.N. votes. Clearly, Mr. President, these grants agencies—those not engaged in foreign Mr. President, the countries that defy common sense. voted against us more than 50 percent affairs or national security matters— The Congress debates and passes a of the time at the United Nations col- and it will track the amount of aid to foreign aid budget—we sent over $12 lected about $3.1 billion in American foreign countries that flows outside the billion abroad last year—that reflects foreign aid in 1996. The American tax- Foreign Operations budget. our decisions about foreign aid. It is payers worked millions of hours in I took to the floor of this Chamber not the business of domestic agencies— fields and factories to earn that money. last week to illustrate the stream of agencies that complain that their Clearly, however, gratitude is not a taxpayer dollars that flows to foreign budgets are too small—to send the tax- popular response to a generous flow of nations through domestic Federal payers’ money to foreign countries. funds from the pockets of the Amer- agencies. These grants are representative of a ican people. I pointed out that the Environmental culture of waste that pervades the Fed- The American people deserve to Protection Agency spent $28 million on eral Government. In fact, not only does know the effects of large streams of 106 grants to foreign countries from the EPA send millions of taxpayers’ foreign aid. The taxpayers deserve to 1993 to 1995. dollars abroad every year, but over- know that a limited number of foreign I revealed that the EPA sent $20,000 sight of these grants is nonexistent. aid recipients did, in fact, thank the to the Chinese Ministry of Public Secu- The EPA Inspector General reported American people with their votes. Is- rity. The Ministry of Public Security is last year that these grant officers es- rael voted with us 97 percent of the a national police force that issued sentially funnel the money overseas time. Latvia voted with us 87 percent shoot-to-kill orders during the pro-de- and close their eyes. of the time. Hungary voted with us 83 mocracy rallies in 1989. Domestic agencies need to attend to percent of the time. This amendment The purpose of this EPA grant to the domestic matters. will collect these statistics in a single Ministry of Public Security was fire Their budgets are separate from the and easily accessed source. extinguisher maintenance. I hope that foreign aid budget for good reason. This amendment thus adds an in- my colleagues will agree that a nation Their responsibilities are in the United formative sunshine provision to the that developed nuclear technologies— States, not in China or Mexico. Foreign Relations Authorization Act. which it sells to countries like Iran and This amendment calls for a GAO re- An informed Congress is best able to Pakistan—can maintain fire extin- port to examine the depth and scope of make intelligent decisions. I thus be- guishers without the American tax- these problems. lieve that it is important to bring this payers’ money. I believe that this is the least that information together in a single report The EPA spent another $20,000 to the taxpayers deserve and thus hope and hope that my colleagues will join look into methane emissions from live- that my colleagues will join me in sup- me in support of this amendment. stock in Nepal. The EPA claims that port of this amendment. S8772 CONGRESSIONAL RECORD — SENATE July 25, 1996

AMENDMENT NO. 5034 lution, economic development, and Mr. MCCONNELL. Madam President, (Purpose: To clarify the use of certain growth of markets. In addition to re- I have a request from Senator MCCAIN development funds for Africa) ducing human suffering and bringing to speak for 5 minutes before the vote On page 105, beginning on line 12, strike greater stability to a large area of the that we are about to have. ‘‘amount’’ and all that follows through world, success in Africa will prove to Mr. LEAHY. Madam President, I am ‘‘should’’ on line 13 and insert ‘‘amount made be very important to us and our econ- certainly not going to preclude the available to carry out chapter 10 of part I of omy in the future. Senator from doing that. I think we the Foreign Assistance Act of 1961 (relating I appreciate the efforts that the are going to be in a position soon to the Development Fund for Africa) shall’’. chairman already has made to make where we are going to have a series of Mr. JEFFORDS. Madam President, assistance to Africa a priority. But I votes. first, let me thank my colleague from hope that he will agree to accept this I ask unanimous consent that prior Kentucky, the chairman of the sub- amendment as a modest way to ensure to each of the votes we will be having committee, for the excellent job he has this does not change. on this legislation there be 4 minutes done in structuring a good and fair bill Mr. SIMON. Madam President, I ap- equally divided under the control of in the face of severe constraints. While preciate the efforts of Chairman the distinguished Senator from Ken- it is not everything that any of us MCCONNELL and Senator LEAHY for tucky and myself, so that the pro- would like, he has been very attentive working to include the amendment I ponent and opponent would have 2 min- to the concerns of his colleagues and I offered along with Senators KASSE- utes prior to each vote. appreciate his efforts. BAUM, FEINGOLD, MOSELEY-BRAUN, JEF- The PRESIDING OFFICER. Is there I rise in support of the amendment FORDS, FEINSTEIN, and MIKULSKI on the objection? offered by the senior Senator from Illi- Development Fund for Africa. We all Without objection, it is so ordered. Mr. MCCONNELL. Madam President, nois. The Senator has been an effec- share the conviction that aid to Africa my assumption is that the Senator tive, outspoken, and persistent de- should be a priority. fender of assistance to Africa through- Africa has two unfortunate distinc- from Arizona is on the way as we out his congressional career. He, to- tions—it is both the poorest and the speak. I ask unanimous consent that gether with the senior Senator from most ignored continent. That is why, 8 the Senator from Arizona, Senator Kansas, have been true friends of Afri- years ago, Congress established the De- MCCAIN, be allowed to speak for 5 min- ca, wielding a stick when appropriate velopment Fund for Africa to ensure utes before the votes that we are about and assuring that the United States aid for sub-Saharan Africa was given a to enter into. The PRESIDING OFFICER. Without follows through with humanitarian and high priority within our foreign aid objection, it is so ordered. development assistance where appro- budget. Unfortunately, aid to Africa priate. Africa has made dramatic Mr. DORGAN addressed the Chair. was considered expendable when re- The PRESIDING OFFICER. The Sen- strides over the last two decades, sources were sought for other purposes. thanks in some part to the constant ef- ator from North Dakota. We realized, however, that the United Mr. DORGAN. Might I inquire of the forts of these two Senators. They will States has an interest and a duty to Senator from Kentucky, would the be sorely missed both in this body and help out the impoverished in that re- order of business following the two around the world. gion, and that the Development Fund votes that are going to be taken soon The amendment before us is a modest for Africa was a good way to help meet be that when those votes are com- one. It does not change the funding lev- our commitment. It would be senseless pleted, Senator HATFIELD and I will be els laid out in the bill. It does not ear- now, with the measure of hope that we recognized to offer an amendment? mark a specific dollar amount, but ties see in Africa, even while it still suffers Mr. MCCONNELL. Madam President, funding for the Development Fund for from poverty, pollution, and the it is my understanding that the Sen- Africa to the overall level of funding in scourge of AIDS, to abandon our sup- ator from North Dakota is willing to the development assistance account. port for sub-Saharan Africa. enter into a time agreement of 40 min- This amendment does not stake out a Our amendment does not add new utes on that amendment, and it would bigger pot for Africa, it merely ensures money. It maintains the language, be my intention to lay aside the pend- that Africa will receive the funding worked out by Senators MCCONNELL ing amendments and go to the Dorgan that both this committee and the ad- and LEAHY, that protects aid to sub-Sa- amendment as soon as we dispose of ministration agree it should receive. haran Africa from being cut dispropor- these rollcall votes. I appreciate the efforts that have tionately in a development assistance Mr. DORGAN. The Senator from Or- been made by the chairman to restruc- account that is getting smaller. I com- egon, Senator HATFIELD, and I are will- ture the foreign aid accounts and re- mend the chairman and ranking mem- ing to enter into a time agreement. We duce earmarks. What this amendment ber of the subcommittee for their sup- simply ask that we be allotted 40 min- seeks to do, however, is to ensure that port for Africa, and I think this amend- utes to present our amendment. So any aid to Africa, the world’s most needy ment can strengthen their efforts to time agreement that is consistent with continent, is sustained. Traditionally, see that aid to this region is main- that requirement is satisfactory with funding for Africa has fallen victim to tained as an important priority. I look us. We would be prepared to offer the sudden needs elsewhere in the world. forward to working with my colleagues amendment following the second vote. This amendment would protect Africa to see that aid to sub-Saharan Africa is Mr. MCCONNELL. Madam President, from suffering a disproportionate share protected in the conference report. I am told on this side that an hour of future cuts. Mr. MCCONNELL. These amend- total time would be acceptable on this Our assistance to Africa is designed ments include a Helms amendment on side. So I gather that would give my to help various nations achieve impor- Chechnya, a Brown amendment on friend from North Dakota and his sup- tant goals over the long term. These demining Afghanistan, two Faircloth porters 40 minutes and the opponents goals cannot be reached if our financial amendments on foreign aid and domes- 20 minutes. support fluctuates wildly. The prob- tic agencies, and a Simon amendment Mr. DORGAN. That would be satis- lems we are combating on the con- on Africa. factory. tinent are entrenched, and will only be The PRESIDING OFFICER. Without Mr. MCCONNELL. Madam President, rectified if we have staying power. Un- objection, the amendments are agreed I, therefore, ask unanimous consent like other areas of the world, we can- to, en bloc. that when we turn to the Dorgan not hope to achieve our goals in Africa The amendments (Nos. 5030 through amendment, the time be limited to 1 simply by doing short demonstration 5034) were agreed to. hour, with 40 minutes to be controlled projects and assuming that the exam- Mr. MCCONNELL. Madam President, by the Senator from North Dakota and ple will spark comprehensive reform. I move to reconsider the vote. his supporters and the balance of the Reform in Africa takes significantly Mr. LEAHY. I move to lay that mo- time by the opponents of the amend- more work. But the rewards should be tion on the table. ment. significantly greater as well. It has tre- The motion to lay on the table was Mr. LEAHY. Will the Senator from mendous potential for political evo- agreed to. Kentucky further request that there be July 25, 1996 CONGRESSIONAL RECORD — SENATE S8773 no second-degree amendments to the bill, saves the money, which is, in es- This is a new foreign aid program. It amendment by the Senator from North sence, $1.5 million in foreign aid to the is the camel’s nose under the tent. It is Dakota? country of Vietnam. Vietnam is a Com- $1.5 million of foreign aid to a Com- Mr. MCCONNELL. And that there be munist country. It has nothing to do munist country that owes us $150 mil- no second-degree amendments to the with diplomatic relations. It has noth- lion in debts. They have not paid them. Dorgan amendment. ing to do with any of the other issues— They have not tried to pay them. There The PRESIDING OFFICER. Is there normalization, or other issues that we has been no restructuring, or anything objection? have had some differences here on in else, any attempt whatsoever. Without objection, it is so ordered. the past. That is the issue. It is not the respon- Who yields time? This is a question, and I think it is sibility of the American taxpayers to Mr. MCCONNELL. Madam President, the ultimate question, of $1.5 million pay for this just because there is a I suggest the absence of a quorum. going to North Vietnam, or the coun- group —if you look at the corporations, The PRESIDING OFFICER. The try of Vietnam. These are dollars that these are big corporations, not to men- clerk will call the roll. allegedly, by opposition—by the discus- tion the ABA. There is plenty of pri- The legislative clerk proceeded to sion from the Senator from Louisiana, vate money. We have the world banks call the roll. Senator JOHNSTON—are going to be and other international organizations Mr. MCCONNELL. Madam President, used by the American Bar Association that have helped Vietnam. We donate I ask unanimous consent that the order to somehow make Vietnam suddenly a to those. We provide dollars. We give for the quorum call be rescinded. The PRESIDING OFFICER. Without system that is going to be falling in dollars to these international organiza- objection, it is so ordered. line with our legal system here in tions. Why now have another $1.5 mil- Mr. MCCONNELL. Madam President, America, or at least that is the ulti- lion of taxpayers’ dollars in new for- since the Senator from Arizona, Sen- mate goal. eign aid go to this country? It is wrong. The point is the American Bar Asso- ator MCCAIN, had asked for 5 minutes It is absolutely wrong. ciation donates tens of millions of dol- before the vote, now Senator SMITH un- No matter how you feel about the derstandably would like to have 5 min- lars to candidates, mostly candidates issue of trade with Vietnam, that is utes as well. So I would like to an- on the other side of the aisle. They not the issue here. The issue is, do we nounce to my colleagues that it looks have plenty of money. There is no need give Vietnam another $1.5 million in as if we are at least 10 minutes away to take $1.5 million of the taxpayers’ foreign aid in the hopes that somehow from a vote on the Smith amendment money to do this. The country of Viet- they are miraculously going to adopt and a vote on the Helms amendment. nam, I say to my colleague, is $150 mil- our legal system and have trial by jury Therefore, I ask unanimous consent lion in arrears. and have this nice legal system pat- The law which is in this very bill that Senator SMITH be allowed to pro- terned after the United States of Amer- ceed for 5 minutes. says very clearly under bilateral eco- ica? It is absolute nonsense. Maybe The PRESIDING OFFICER. Is there nomic assistance that this is precluded; they will or maybe they will not, but objection? this is forbidden. Now they have made they will not use $1.5 million of the Mr. LEAHY. Will the Senator from an exception in this provision, in this taxpayers’ money to do that. How Kentucky add to that so that people bill. That is what is wrong. about reforming Vietnam’s election can know that we are going to vote at So the issue here is, Do you believe laws, to become a democracy? This is 2:30? The Senator from Arizona is here that North Vietnam, a country that de- not what this is all about. now. nies basic human rights to its people, The argument about the nations of Mr. MCCONNELL. I would object to should get $1.5 million that the Amer- Eastern Europe who have come out any further efforts to delay the votes. ican Bar Association can certainly from under the yoke of communism, So I think Senators can be assured spend on their own, if they want to pro- that is the point. They came out from that 10 minutes from now, there will be mote a legal system in Vietnam that under the yoke of communism, and two votes: a vote on the Smith amend- may or may not be patterned after the when they did, then we could help ment, and a vote on the Helms amend- United States of America? them as we have done. This is not the ment. Both Senator SMITH and Senator We have no guarantee this is going to case here. MCCAIN have 5 minutes each. The man- happen. There are no guarantees what- What is next? Maybe we ought to ager of the bill cares not who goes soever that if the American taxpayers help the North Koreans. Maybe we first. spend $1.5 million that somehow, mi- ought to give them a couple of million The PRESIDING OFFICER. Without raculously, Vietnam is going to adopt bucks, and maybe they will—maybe objection, it is so ordered. our legal system. It is absolutely out- they will—pattern their legal system Under the previous order, the ques- rageous. It is the most outrageous ar- after ours. How about Cuba? Maybe tion now occurs on the amendment No. gument I have heard since I have been they will pattern it if we give them a 5028 offered by the Senator from North in the Senate. It is crazy. couple million, too. Carolina, Senator HELMS. Not only that, if we are really con- This is absolutely wrong. I am abso- Mr. MCCONNELL. Madam President, cerned about having a legal system in lutely shocked that there would be a I thought the unanimous-consent Vietnam that is like America, what lot of opposition to an amendment to agreement allowed the Senator from about a legal system that would pro- take $1.5 million out of this foreign op- Arizona, Senator MCCAIN, and the Sen- tect these poor unfortunate souls who erations bill for something like this. ator from New Hampshire, Senator are imprisoned all over Vietnam with So, in conclusion, the point is very SMITH, to proceed for 5 minutes each, I no charges against them, who have simple. If you want to give $1.5 million gather, in relation to the Smith been held in reeducation camps for of new foreign aid to North Vietnam in amendment. years and years with no charges—just the hopes that they are going to pat- The PRESIDING OFFICER. The Sen- held there, no system, no trial, no tern their legal system after the Unit- ator is correct. nothing? That is what this is issue is ed States of America, vote against the Who seeks recognition? about. amendment. Mr. SMITH addressed the Chair. If the people in the trade council Mr. McCAIN addressed the Chair. The PRESIDING OFFICER. The Sen- want to trade with Vietnam, we have The PRESIDING OFFICER. The Sen- ator from New Hampshire. had that debate. Senator MCCAIN and I ator from Arizona. AMENDMENT NO. 5027 have had that debate. This is not that Mr. McCAIN. Madam President, Mr. SMITH. Madam President, I hope debate. That is fine. The issue is not thank you very much. that we are not going to make this that. The issue is whether or not, in It is important that the legal system amendment something that it is not in the interest of producing a legal sys- in Vietnam be more aligned to Western the debate here in the closing mo- tem that somehow is going to reflect business and Western investment and ments. ourselves, our own legal system, that Western practices and democracy. I be- This amendment is very simple. It we should spend $1.5 million of the tax- lieve that the Vietnamese have agreed simply strikes $1.5 million out of the payers’ money. in principle to repay their debt. In fact, S8774 CONGRESSIONAL RECORD — SENATE July 25, 1996 they have assumed the debt that South Mr. McCONNELL. I say to my friend Kerry Moynihan Roth Leahy Murkowski Sarbanes Vietnam had incurred in some respects. I am not sure I can. Levin Murray Shelby I am also informed by the adminis- Mr. McCAIN. On page 27 of the report Lieberman Nunn Simon tration that the only major dispute is accompanying the bill that I am look- Lugar Pell Simpson over about $8 million of the $150 mil- ing at—— Mack Pryor Specter McCain Robb Stevens lion debt. I think it is important. The Mr. McCONNELL. I really think Sen- Mikulski Rockefeller language of the bill says that the com- ator JOHNSTON, who is the author, NOT VOTING—1 mittee urges AID to provide up to $1.5 ought to respond. million for the Vietnam legal reform Mr. McCAIN. The way I read it, it Lautenberg initiative, and then it goes on to say says the committee ‘‘strongly rec- The amendment (No. 5027) was re- that the committee is aware of the par- ommends that AID consider imple- jected. ticular expertise of the American Bar menting the initiative through those Mr. JOHNSTON. Mr. President, I Association, the International Law In- organizations.’’ I ask the Senator from move to reconsider the vote by which stitute, and the United States-Vietnam Louisiana, is that the correct interpre- the amendment was rejected. Trade Council, which strongly rec- tation of the language in the bill? Mr. LEAHY. I move to lay that mo- ommends that AID consider imple- Mr. JOHNSTON. Mr. President, I say tion on the table. menting the initiative through these to my friend from Arizona that is pre- The motion to lay on the table was organizations. So it is my understand- cisely what is contemplated. That is agreed to. ing that the money would not go di- precisely what the report language AMENDMENT NO. 5028 rectly to the Vietnamese Government says. The PRESIDING OFFICER. Under but to these organizations. The bill language says this would aid the previous order, the question occurs I believe that the distinguished man- Vietnam, and, indeed, it does by aiding on amendment No. 5028 offered by the agers of the bill can help me out. I be- Vietnam to set up a legal system. But Senator from North Carolina [Mr. lieve that is the reason the language as the report language says, the com- HELMS]. was included as it was, so that there mittee is aware of the particular exper- There are 4 minutes equally divided. would be development of trade rela- tise of the American Bar Association, Who seeks recognition? tions and also assistance to provide the et cetera, and recommends that AID Mr. LEAHY. Madam President, the necessary framework for commercial consider implementing the initiative Senate is not in order. transactions for foreign investment through these organizations. So it ex- Mr. FORD. There must be respect for and trade. the Chair. So, as you know, there are many plicitly calls for implementing the help to Vietnam’s legal system through the The PRESIDING OFFICER. We will American corporations doing business not proceed without order in the Cham- over in Vietnam today. I am told that American Bar Association, the Inter- national bar—— ber. some are doing very well. Some are not Mr. McCONNELL addressed the doing very well. One of the reasons Mr. McCAIN. International Law In- stitute and the trade council. Chair. some are not doing very well is because The PRESIDING OFFICER. The Sen- of the lack of a legal framework. I am Mr. JOHNSTON. International Law Institute, yes, and the trade council. ator from Kentucky. convinced that it may be in our na- Mr. McCONNELL. It is my under- tional interest to see that happen. So this does not go to Vietnam. It goes standing there are 2 minutes on each Mr. SMITH. Madam President, is to these organizations which would side in relation to the amendment. there any time remaining at all? help Vietnam set up the rule of law. The PRESIDING OFFICER. There is The PRESIDING OFFICER. All time The PRESIDING OFFICER. That is 2 minutes on each side under the pre- has expired. correct. vious unanimous consent. The question now is on agreeing to Mr. McCONNELL. I yield the 2 min- Mr. SMITH. I just would like to re- amendment No. 5027 offered by the Sen- utes to the majority leader. spond briefly to the last point that ator from New Hampshire, Mr. SMITH. Mr. LOTT addressed the Chair. Senator MCCAIN made. The yeas and nays have been ordered. The PRESIDING OFFICER. The Sen- In the committee bill in question The clerk will call the roll. ate majority leader. here, the language that my amendment The legislative clerk called the roll. Mr. LOTT. Madam President, I will strikes is under the heading ‘‘Title II,’’ Mr. FORD. I announce that the Sen- just be very brief before we go to the vote on this amendment sponsored by which is ‘‘Bilateral Economic Assist- ator from New Jersey [Mr. LAUTEN- the Senator from North Carolina and ance, Agency for International Devel- BERG] is necessarily absent. opment, Development Assistance.’’ The result was announced—yeas 43, the Senator from New Hampshire. This is to furnish assistance to any nays 56, as follows: I urge my colleagues to vote for this amendment. The amendment will shut country. [Rollcall Vote No. 239 Leg.] Now, here we have a situation where down any possible U.N. ambitions to YEAS—43 this is under economic assistance, so it tax American citizens. The amend- is going directly to Vietnam because Abraham Feingold Moseley-Braun ment, as I understand it, would pro- Ashcroft Frahm Nickles that is exactly what the language says. Baucus Frist Pressler hibit U.S. contributions to the U.N. or The actual committee language reads: Brown Gramm Reid U.N. agencies if they develop, advocate ‘‘Funds appropriated under this head- Burns Grassley Santorum or publicize U.N. tax proposals. I think Byrd Gregg Smith it is a necessary and important pre- ing shall be made available to assist Campbell Hatch Snowe Vietnam,’’ et cetera. That is what the Coats Helms Thomas caution to include this in the Foreign language says. So that is what is hap- Conrad Hutchison Thompson Operations bill. I urge the adoption of pening. Maybe the intent is different. I Coverdell Inhofe Thurmond the amendment. Craig Kempthorne Warner do not question anybody’s intent here, D’Amato Kohl Wellstone Mr. LEAHY. Madam President, I but the language says that this money Domenici Kyl Wyden yield the 2 minutes under my control is to assist Vietnam. And that is what Dorgan Lott to the Senator from Rhode Island. I object to. Faircloth McConnell Mr. PELL addressed the Chair. Mr. McCAIN addressed the Chair. NAYS—56 The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Akaka Cochran Grams ator from Rhode Island. ator from Arizona. Bennett Cohen Harkin Mr. PELL. I thank my friend from Mr. McCAIN. Madam President, I Biden Daschle Hatfield Vermont. Bingaman DeWine Heflin would like to yield 1 minute to the dis- Bond Dodd Hollings Madam President, I wish to speak to tinguished manager of the bill in the Boxer Exon Inouye the amendment regarding the United hopes that maybe he might clear this Bradley Feinstein Jeffords Nations offered by our distinguished up. Could I ask the Senator from Ken- Breaux Ford Johnston colleague and my successor as the Bryan Glenn Kassebaum tucky if he can help us out. I am not Bumpers Gorton Kennedy chairman of the Foreign Relations trying to get him into a problem here. Chafee Graham Kerrey Committee, Senator HELMS. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8775 I have the utmost respect for Senator The result was announced—yeas 70, sultation with the Secretary of State, shall HELMS, but I have deep concerns about nays 28, as follows: submit a report to the appropriate congres- sional committees on— the amendment he proposes. [Rollcall Vote No. 240 Leg.] (1) Burma’s compliance with international As one who participated in the San YEAS—70 Francisco conference which drew up labor standards including, but not limited Abraham Faircloth Lugar to, the use of forced labor, slave labor, and the U.N. charter, I have tried over the Ashcroft Feingold Mack involuntary prison labor by the junta; years since both to support and im- Baucus Frahm McCain (2) the degree to which foreign investment prove the organization any way I Bennett Frist McConnell in Burma contributes to violations of fun- Biden Gorton Murkowski could. Bond Graham Nickles damental worker rights; And the United Nations, I would Brown Gramm Nunn (3) labor practices in support of Burma’s argue, has accumulated a solid record Bumpers Grams Pressler foreign tourist industry; and of achievement. It has not lived up to Burns Grassley Pryor (4) efforts by the United States to end vio- Byrd Gregg Robb lations of fundamental labor rights in all of its potential, but for every exam- Campbell Harkin Roth ple that critics give of the U.N.’s fail- Burma. Chafee Hatch Santorum (b) DEFINITION.—As used in this section, ures, there are numerous countervail- Coats Heflin Shelby the term ‘‘appropriate congressional com- ing examples of success—in brokering Cochran Helms Simpson Cohen Hollings Smith mittees’’ means the Committee on Appro- peaceful settlements to violent con- Conrad Hutchison Snowe priations and the Committee on Foreign Re- flicts worldwide; in halting the pro- Coverdell Inhofe Stevens lations of the Senate and the Committee on liferation of nuclear weapons; in pro- Craig Kassebaum Thomas Appropriations and the Committee on Inter- tecting the international environment; D’Amato Kempthorne Thompson national Relations of the House of Rep- DeWine Kerry Thurmond and in immunizing the world’s children resentatives. Dodd Kohl Warner (c) FUNDING.—(1) There are hereby appro- and preventing the spread of disease. Domenici Kyl Wyden priated, out of any money in the Treasury The U.N.’s record is lofty, not only Dorgan Levin not otherwise appropriated, for the fiscal Exon Lott for its thought, but it has made the year ending September 30, 1997, for expenses world a truly better place. The United NAYS—28 necessary to carry out the provisions of this Nations has enabled the United States Akaka Inouye Murray section, $30,000 to the Department of Labor. to avoid unilateral responsibility for Bingaman Jeffords Pell (2) The amount appropriated by this Act costly and entangling activities in re- Boxer Johnston Reid under the heading ‘‘DEPARTMENT OF STATE, Bradley Kennedy Rockefeller INTERNATIONAL NARCOTICS CONTROL’’ shall be gions of critical importance, even as it Bryan Kerrey Sarbanes reduced by $30,000. yields to the United States a position Daschle Leahy Simon AMENDMENT NO. 5040 Feinstein Lieberman Specter of tremendous authority. At the appropriate place in the bill, insert U.S. leadership at the United Nations Ford Mikulski Wellstone Glenn Moseley-Braun the following: is threatened by our inability to pay Hatfield Moynihan SEC. . HAITI. our dues and meet our obligations. NOT VOTING—2 The Government of Haiti shall be eligible Amendments such as these only endan- to purchase defense articles and services ger our position further. I urge my col- Breaux Lautenberg under the Arms Export Control Act (22 leagues to vote against it. The amendment (No. 5028) was agreed U.S.C. 2751 et seq.), for the civilian-led Hai- Mr. LEAHY. Is there time left? to. tian National Police and Coast Guard, except The PRESIDING OFFICER. There Mr. LEAHY. Mr. President, I move to as otherwise stated in law; Provided, That are 30 seconds. reconsider the vote. the authority provided by this section shall Mr. LEAHY. Madam President, this be subject to the regular notification proce- Mr. McCONNELL. I move to lay that dures of the Committees on Appropriations. amendment says that if the United Na- motion on the table. tions could borrow money from an The motion to lay on the table was AMENDMENT NO. 5041 international lending organization, as agreed to. (Purpose: To express the sense of the Con- defined in here, we would not be able to Mr. MCCONNELL. Mr. President, gress that the United States should take make our contributions to independent there are several more amendments steps to improve economic relations be- agencies. That means we could not that have been cleared on both sides tween the United States and the countries of Eastern and Central Europe) make our contributions to UNICEF, to that Senator LEAHY and I would like to the various environmental organiza- dispose of at this point before we go to At the appropriate place, insert the follow- ing new section: tions, the protection of women, or the amendment to be laid down by the SEC. . TRADE RELATIONS WITH EASTERN AND other such organizations. Senator from North Dakota, which is CENTRAL EUROPE. The PRESIDING OFFICER. All time under a time agreement. (a) FINDINGS.—The Congress makes the fol- has expired on the Senator’s side. AMENDMENTS NOS. 5039 THRU 5044, EN BLOC lowing findings: Mr. HELMS addressed the Chair. (1) The countries of Central and Eastern Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The Sen- Europe, including Poland, Hungary, the send some amendments to the desk and ator from North Carolina. The Senator Czech Republic, Slovakia, Romania, Slove- ask for their immediate consideration. has 11⁄2 minutes remaining. nia, Lithuania, Latvia, Estonia, and Bul- Mr. HELMS. Madam President, what The PRESIDING OFFICER (Mr. garia, are important to the long-term stabil- the distinguished Senator from Ver- KEMPTHORNE). The clerk will report. ity and economic success of a future Europe mont has said is not applicable at all. The assistant legislative clerk read freed from the shackles of communism. as follows: (c) The Central and Eastern European He knows—anybody who has read the countries, particularly Hungary, Poland, the The Senator from Kentucky [Mr. MCCON- amendment knows that nothing hap- Czech Republic, Romania, Slovakia, Slove- NELL] proposes amendments numbered 5039 pens until the United Nations begins to nia, Latvia, Lithuania, and Estonia, are in through 5044, en bloc. talk about taxing the American people. the midst of dramatic reforms to transform That is clear in the amendment. It does Mr. MCCONNELL. Mr. President, I their centrally planned economies into free not need any obfuscation from the Sen- ask unanimous consent that reading of market economies and to join the Western the amendments be dispensed with. community. ator from Vermont. (3) It is in the long-term interest of the The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without objection, it is so ordered. United States to encourage and assist the the previous order, the question now transformation of Central and Eastern Eu- occurs on agreeing to amendment No. The amendments are as follows: rope into a free market economy, which is 5028 offered by the Senator from North AMENDMENT NO. 5039 the solid foundation of democracy, and will Carolina, [Mr. HELMS]. The yeas and (Purpose: To require certain reports on the contribute to regional stability and greatly nays have been ordered. The clerk will situation in Burma) increased opportunities for commerce with call the roll. On page 188, between lines 22 and 23, insert the United States. The bill clerk called the roll. the following new section: (4) Trade with the countries of Central and Mr. FORD. I announce that the Sen- Eastern Europe accounts for less than one REPORTS ON THE SITUATION IN BURMA percent of total United States trade. ator from Louisiana [Mr. BREAUX] and SEC. ll. (a) LABOR PRACTICES.—Not later (5) The presence of a market with more the Senator from New Jersey [Mr. LAU- than 90 days after the date of the enactment than 140,000,000 people, with a growing appe- TENBERG] are necessarily absent. of this Act, the Secretary of Labor, in con- tite for consumer goods and services and S8776 CONGRESSIONAL RECORD — SENATE July 25, 1996

badly in need of modern technology and AMENDMENT NO. 5043 transition assistance program at the earliest management, should be an important mar- (Purpose: To express the Sense of the opportunity; and ket for United States exports and invest- Congress regarding Croatia) (5) The United States should work closely ments. At the appropriate place, add the following with Romania and other countries working (6) The United States has concluded agree- new section: toward NATO membership to ensure that ments granting most-favored-nation status every opportunity is provided. to most of the countries of Central and East- SECTION . SENSE OF CONGRESS REGARDING CROATIA. ern Europe. The PRESIDING OFFICER. Without (a) FINDINGS.—The Congress makes the fol- (b) SENSE OF THE CONGRESS.—It is the sense objection, the amendments are agreed of the Congress that the President should lowing findings: to. (2) Croatia has politically and financially take steps to promote more open, fair, and contributed to the NATO peacekeeping oper- The amendments (Nos. 5039 through free trade between the United States and the ations in Bosnia; 5044), en bloc, were agreed to. countries of Central and Eastern Europe, in- (2) The economic stability and security of Mr. LEAHY. Mr. President, I move to cluding Poland, Hungary, the Czech Repub- Croatia is important to the stability of lic, Slovakia, Lithuania, Latvia, Estonia, reconsider the vote. South Central Europe; and Romania, and Slovenia, including— Mr. McCONNELL. I move to lay that (3) Croatia is in the process of joining the (1) developing closer commercial contacts; motion on the table. (2) the mutual elimination of tariff and Partnership for Peace. (b) SENSE OF CONGRESS.—It is the Sense of The motion to lay on the table was nontariff discriminatory barriers in trade Congress that: agreed to. with these countries; (1) Croatia should be recognized and com- (3) exploring the possibility of framework Mr. McCONNELL. If I may give a sta- mended for its contributions to NATO and agreements that would lead to a free trade tus report on behalf of Senator LEAHY the various peacekeeping efforts in Bosnia; agreement; and myself. (4) negotiating bilateral investment trea- (2) the United States should support the We have disposed of 24 amendments. ties; active participation of Croatia in activities appropriate for qualifying for NATO mem- There are two that have been laid aside (5) stimulating increased United States ex- that will be dealt with later. Senator ports and investments to the region; bership, provided Croatia continues to ad- (6) obtaining further liberalization of in- here fully to the Dayton Peace Accords and LEAHY and I are aware of only 12 left, vestment regulations and protection against continues to make progress toward estab- of which 3 may need rollcalls. One of nationalization in these foreign countries; lishing democratic institutions, a free mar- the three has a time agreement, and and ket, and the rule of law. that is, of course, the amendment of (7) establishing fair and expeditious dis- the Senator from North Dakota, Sen- AMENDMENT NO. 5044 pute settlement procedures. ator DORGAN, which I believe is trig- (Purpose: To express the Sense of the Con- gered under a previous unanimous-con- AMENDMENT NO. 5042 gress that Romania is making significant sent agreement at this point. (Purpose: To permit certain claims against progress toward admission to NATO) The PRESIDING OFFICER. The Sen- foreign states to be heard in United States At the appropriate place, add the following courts where no extradition treaty with new section: ator is correct. Under the previous the state existed at the time the claim SECTION . ROMANIA’S PROGRESS TOWARD agreement, the Senator from North Da- arose and where no other adequate and NATO MEMBERSHIP. kota is to be recognized to offer an available remedies) (a) FINDINGS.—The Congress makes the fol- amendment. One hour of debate has At the appropriate place in the bill, insert lowing findings: been established, with 40 minutes the following: (1) Romania emerged from years of brutal under the control of the proponents SEC. l. LIMITATION ON FOREIGN SOVEREIGN IM- Communist dictatorship in 1989 and approved and 20 minutes for the opponents. a new Constitution and elected a Parliament MUNITY. The Senator from North Dakota. (a) IN GENERAL.—Section 1605(a)(7) of title by 1991, laying the foundation for a modern 28, United States Code, is amended to read as parliamentary democracy charged with Mr. DORGAN. Under the unanimous- follows: guaranteeing fundamental human rights, consent agreement, there are to be no ‘‘(7) in which money damages are sought freedom of expression, and respect for pri- second-degree amendments. The Sen- against a foreign state for personal injury or vate property; ator from Massachusetts had, prior to death caused by an act of torture, (2) Local elections, parliamentary elec- that point, asked to offer a second-de- extrajudicial killing, aircraft sabotage, hos- tions, and presidential elections have been gree amendment that is acceptable to tage taking, or the provision of material sup- held in Romania, with 1996 marking the sec- myself and Senator HATFIELD. port or resources (as defined in section 2339A ond nationwide presidential elections under of title 18) for such an act, if— the new Constitution; I ask that the unanimous-consent ‘‘(A) such act or provision of material sup- (3) Romania was the first former Eastern agreement be modified to allow the port was engaged in by an official, employee, bloc country to join NATO’s Partnership for Senator from Massachusetts to offer a or agent of such foreign state while acting Peace program and has hosted Partnership second-degree amendment when appro- within the scope of his or her office, employ- for Peace military exercises on its soil; priate. ment, or agency; (4) Romania is the second largest country The PRESIDING OFFICER. Is there ‘‘(B) the foreign state against whom the in terms of size and population in Central claim was brought— Europe and as such is strategically signifi- objection? ‘‘(i) was designated as a state sponsor of cant; Without objection, it is so ordered. terrorism under section 6(j) of the Export (5) Romania formally applied for NATO Mr. DORGAN. Mr. President, the Administration Act of 1979 (50 U.S.C. App. membership in April of 1996 and has begun an unanimous consent request provides 2405(j)) or section 620A of the Foreign Assist- individualized dialogue with NATO on its that I now offer the amendment on be- ance Act of 1961 (22 U.S.C. 2371) at the time membership application; and half of myself and Senator HATFIELD (6) Romania has contributed to the peace the act occurred or was later so designated and others and that we have 40 minutes as a result of such act; or and reconstruction efforts in Bosnia by par- ‘‘(ii) had no treaty of extradition with the ticipating in the Implementation Force on our side in the 1-hour time agree- United States at the time the act occurred (IFOR). ment. The Senator from Delaware and and no adequate and available remedies exist (b) SENSE OF THE CONGRESS.—Therefore, it the Senator from Texas have asked if either in such state or in the place in which is the sense of the Congress that: they could intervene with an amend- the act occurred; (1) Romania is making significant progress ment that they intend to offer that ‘‘(C) the claimant has afforded the foreign toward establishing democratic institutions, will take 5 minutes on each side. I have state a reasonable opportunity to arbitrate a free market economy, civilian control of no objection, by unanimous consent, to the claim in accordance with accepted inter- the armed forces and the rule of law; national rules of arbitration; and (2) Romania is making important progress allowing them to go 5 minutes each. I ‘‘(D) the claimant or victim was a national toward meeting the criteria for accession understand their amendment would be of the United States (as that term is defined into NATO; agreed to. Following the 10 minutes, I in section 101(a)(22) of the Immigration and (3) Romania deserves commendation for its ask that we then have the 1 hour, 40 Nationality Act) when the act upon which clear desire to stand with the West in NATO, minutes allotted to us to offer the the claim is based occurred.’’. as evidenced by its early entry into the Part- amendment on foreign arms sales. (b) EFFECTIVE DATE.—The amendment nership for Peace, its formal application for So, Mr. President, I make that unani- made by subsection (a) shall apply with re- NATO membership, and its participation in spect to actions brought in United States IFOR; mous consent request. courts on or after the date of enactment of (4) Romania should be evaluated for mem- The PRESIDING OFFICER. Is there this Act. bership in the NATO Participation Act’s objection? July 25, 1996 CONGRESSIONAL RECORD — SENATE S8777

Mr. MCCONNELL. Reserving the ‘‘(A) requires the registration of each of- ‘‘(1) ESTABLISHMENT OF NEW RESIDENCE.— right to object, I say to my friend, I be- fender who is convicted of an offense de- For purposes of this section, a person shall lieve it is a freestanding bill, not an scribed in subparagraph (A) or (B) or section be deemed to have established a new resi- amendment. 170101(a)(1); dence during any period in which that person ‘‘(B) requires that all information gathered resides for not less than 10 days. The PRESIDING OFFICER. Is there under such program be transmitted to the ‘‘(2) PERSONS REQUIRED TO REGISTER WITH objection? FBI in accordance with subsection (g) of this THE FBI.—Each establishment of a new resi- Without objection, it is so ordered. section; dence, including the initial establishment of The Senator from Texas is recog- ‘‘(C) meets the requirements for verifica- a residence immediately following release nized. tion under section 170101(b)(3); and from prison, or placement on parole, super- f ‘‘(D) requires that each person who is re- vised release, or probation, by a person re- quired to register under subparagraph (A) quired to register under subsection (c) shall PAM LYCHNER SEXUAL OFFENDER shall do so for a period of not less than 10 be reported to the FBI not later than 10 days TRACKING AND IDENTIFICATION years beginning on the date that such person after that person establishes a new resi- ACT OF 1996 was released from prison or placed on parole, dence. supervised release, or probation. ‘‘(3) INDIVIDUAL REGISTRATION REQUIRE- Mr. GRAMM. Mr. President, I ask ‘‘(b) ESTABLISHMENT.—The Attorney Gen- MENT.—A person required to register under unanimous consent that the Judiciary eral shall establish a national database at subsection (c) or under a minimally suffi- Committee be discharged from further the Federal Bureau of Investigation to track cient offender registration program, includ- consideration of S. 1675, and that the the whereabouts and movement of— ing a program established under section Senate proceed to its immediate con- ‘‘(1) each person who has been convicted of 170101, who changes address to a State other sideration. a criminal offense against a victim who is a than the State in which the person resided at minor; The PRESIDING OFFICER. Without the time of the immediately preceding reg- ‘‘(2) each person who has been convicted of istration shall, not later than 10 days after objection, it is so ordered. a sexually violent offense; and that person establishes a new residence, reg- The clerk will report the bill. ‘‘(3) each person who is a sexually violent ister a current address, fingerprints, and a The assistant legislative clerk read predator. photograph of that person, for inclusion in as follows: ‘‘(c) REGISTRATION REQUIREMENT.—Each the appropriate database, with— A bill (S. 1675) to provide for the nation- person described in subsection (b) who re- ‘‘(A) the FBI; and wide tracking of convicted sexual predators, sides in a State that has not established a ‘‘(B) the State in which the new residence and for other purposes. minimally sufficient sexual offender reg- is established. istration program shall register a current ‘‘(4) STATE REGISTRATION REQUIREMENT.— The PRESIDING OFFICER. Is there address, fingerprints of that person, and a Any time any State agency in a State with objection to the immediate consider- current photograph of that person with the a minimally sufficient sexual offender reg- ation of the bill? FBI for inclusion in the database established istration program, including a program es- There being no objection, the Senate under subsection (b) for the time period spec- tablished under section 170101, is notified of proceeded to consider the bill. ified under subsection (d). a change of address by a person required to ‘‘(d) LENGTH OF REGISTRATION.—A person register under such program within or out- AMENDMENT NO. 5038 described in subsection (b) who is required to side of such State, the State shall notify— (Purpose: To protect the public safety by es- register under subsection (c) shall, except ‘‘(A) the law enforcement officials of the tablishing a nationwide system to track during ensuing periods of incarceration, con- jurisdiction to which, and the jurisdiction convicted sexual predators) tinue to comply with this section— from which, the person has relocated; and Mr. GRAMM. Mr. President, I send ‘‘(1) until 10 years after the date on which ‘‘(B) the FBI. an amendment to the desk and ask for the person was released from prison or ‘‘(5) VERIFICATION.— its immediate consideration. placed on parole, supervised release, or pro- ‘‘(A) NOTIFICATION OF LOCAL LAW ENFORCE- The PRESIDING OFFICER. The bation; or MENT OFFICIALS.—The FBI shall ensure that ‘‘(2) for the life of the person, if that per- State and local law enforcement officials of clerk will report. son— the jurisdiction to which, and the State and The assistant legislative clerk read ‘‘(A) has 2 or more convictions for an of- local law enforcement officials of the juris- as follows: fense described in subsection (b); diction to which, a person required to reg- The Senator from Texas [Mr. GRAMM], for ‘‘(B) has been convicted of aggravated sex- ister under subsection (c) relocates are noti- himself, Mr. BIDEN, Mr. HATCH, and Mrs. ual abuse, as defined in section 2241 of title fied of the new residence of such person. HUTCHISON, proposes an amendment num- 18, United States Code, or in a comparable ‘‘(B) NOTIFICATION OF FBI.—A State agency bered 5038. provision of State law; or receiving notification under this subsection Mr. GRAMM. Mr. President, I ask ‘‘(C) has been determined to be a sexually shall notify the FBI of the new residence of violent predator. the offender. unanimous consent that reading of the ‘‘(e) VERIFICATION.— ‘‘(C) VERIFICATION.— amendment be dispensed with. ‘‘(1) PERSONS CONVICTED OF AN OFFENSE ‘‘(I) STATE AGENCIES.—If a State agency The PRESIDING OFFICER. Without AGAINST A MINOR OR A SEXUALLY VIOLENT OF- cannot verify the address of or locate a per- objection, it is so ordered. FENSE.—In the case of a person required to son required to register with a minimally The amendment is as follows: register under subsection (c), the FBI shall, sufficient sexual offender registration pro- Strike all after the enacting clause, and in- during the period in which the person is re- gram, including a program established under sert the following: quired to register under subsection (d), ver- section 170101, the State shall immediately SECTION 1. SHORT TITLE. ify the person’s address in accordance with notify the FBI. This Act may be cited as the ‘‘Pam guidelines that shall be promulgated by the ‘‘(ii) FBI.—If the FBI cannot verify the ad- Lychner Sexual Offender Tracking and Iden- Attorney General. Such guidelines shall en- dress of or locate a person required to reg- tification Act of 1996’’. sure that address verification is accom- ister under subsection (c) or if the FBI re- plished with respect to these individuals and ceives notification from a State under clause SEC. 2. OFFENDER REGISTRATION. shall require the submission of fingerprints (I), the FBI shall ensure that, either the (a) ESTABLISHMENT OF FBI DATABASE.— and photographs of the individual. State or the FBI shall— Subtitle A of Title XVII of the Violent Crime ‘‘(2) SEXUALLY VIOLENT PREDATORS.—Para- ‘‘(I) classify the person as being in viola- Control and Law Enforcement Act of 1994 (42 graph (1) shall apply to a person described in tion of the registration requirements of the U.S.C. 14071) is amended by adding at the end subsection (b)(3), except that such person national database; and the following new section: must verify the registration once every 90 ‘‘(II) add the name of the person to the Na- ‘‘SEC. 170102. FBI DATABASE. days after the date of the initial release or tional Crime Information Center Wanted ‘‘(a) DEFINITIONS.—For purposes of this sec- commencement of parole of that person. Person File and create a wanted persons tion— ‘‘(f) COMMUNITY NOTIFICATION.— record, provided that an arrest warrant ‘‘(1) the term ‘FBI’ means the Federal Bu- ‘‘(1) IN GENERAL.—Subject to paragraph (2), which meets the requirements for entry into reau of Investigation; the FBI may release relevant information the file is issued in connection with the vio- ‘‘(2) the terms ‘criminal offense against a concerning a person required to register lation. victim who is a minor’, ‘sexually violent of- under subsection (c) that is necessary to pro- ‘‘(h) FINGERPRINTS.— fense’, ‘sexually violent predator’, ‘mental tect the public. ‘‘(1) IN GENERAL.— abnormality’, and ‘predatory’ have the same ‘‘(2) IDENTITY OF VICTIM.—In no case shall ‘‘(A) FBI REGISTRATION.—For each person meanings as in section 170101(a)(3); and the FBI release the identity of any victim of required to register under subsection (c), fin- ‘‘(3) the term ‘minimally sufficient sexual an offense that requires registration by the gerprints shall be obtained and verified by offender registration program’ means any offender with the FBI. the FBI or a local law enforcement official State sexual offender registration program ‘‘(g) NOTIFICATION OF FBI OF CHANGES IN pursuant to regulations issued by the Attor- that— RESIDENCE.— ney General. S8778 CONGRESSIONAL RECORD — SENATE July 25, 1996 ‘‘(B) STATE REGISTRATION SYSTEMS.—In a ‘‘(g) FINGERPRINTS.—Each requirement to Senators have worked very hard on State that has a minimally sufficient sexual register under this section shall be deemed this bill. Forty-nine States in the offender registration program, including a to also require the submission of fingerprints Union have set up systems which track program established under section 170101, of the person required to register, obtained known sexual predators because, of all fingerprints required to be registered with in accordance with regulations prescribed by the FBI under this section shall be obtained the Attorney General under section the types of criminal activity, the and verified in accordance with State re- 170102(h).’’. probability that someone who commits quirements. The State agency responsible for SEC. 6. VERIFICATION. a sexual predatory act will commit registration shall ensure that the finger- Section 170101(b)(3)(A)(iii) of the Violent that type of crime again—especially prints and all other information required to Crime Control and Law Enforcement Act of against a child—is 10 times higher than be registered is registered with the FBI. 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended the probability that any other type of ‘‘(I) PENALTY.—A person required to reg- by adding at the end the following: ‘‘The per- crime will be repeated. ister under paragraph (1), (2), or (3) of sub- son shall include with the verification form, The problem with only having State section (g) who knowingly fails to comply fingerprints and a photograph of that per- laws is that people are moving across with this section shall— son.’’. ‘‘(1) in the case of a first offense— State lines to try to avoid detection. SEC. 7. REGISTRATION INFORMATION. What our bill does is it sets up an FBI- ‘‘(A) if the person has been convicted of 1 Section 170101(b)(2) of the Violent Crime offense described in subsection (b), be fined based Federal tracking system which Control and Law Enforcement Act of 1994 (42 will track all movements of sexual not more than $100,000; or U.S.C. 14071(b)(2)) is amended to read as fol- ‘‘(B) if the person has been convicted of lows: predators, whether they move across more than 1 offense described in subsection ‘‘(2) TRANSFER OF INFORMATION TO STATE town or across State lines. This system (b), be imprisoned for up to 1 year and fined AND THE FBI.—The officer, or in the case of a will give us an interactive database, not more than $100,000; or person placed on probation, the court, shall, and it will greatly enhance the ability ‘‘(2) in the case of a second or subsequent within 3 days after receipt of information de- of our communities, our law enforce- offense, be imprisoned for up to 10 years and scribed in paragraph (1), forward it to a des- fined not more than $100,000. ment officials, and our families to pro- ignated State law enforcement agency. The tect our children against sexual preda- ‘‘(j) RELEASE OF INFORMATION.—The infor- State law enforcement agency shall imme- mation collected by the FBI under this sec- tors. diately enter the information into the appro- Mr. President, again, I have named tion shall be disclosed by the FBI— priate State Law enforcement record system ‘‘(1) to Federal, State, and local criminal and notify the appropriate law enforcement this bill, in working with Senator justice agencies for— agency having jurisdiction where the person BIDEN, for Pam Lychner, one of the vic- ‘‘(A) law enforcement purposes; and expects to reside. The State law enforcement tims of the tragic TWA crash. ‘‘(B) community notification in accordance agency shall also immediately transmit all We have named this bill for her not with section 170101(d)(3); and information described in paragraph (1) to the because of how she tragically died, but ‘‘(2) to Federal, State, and local govern- Federal Bureau of Investigation for inclusion because of how she lived. Pam Lychner mental agencies responsible for conducting in the FBI database described in section employment-related background checks was one of our Nation’s greatest vic- 170102. under section 3 of the National Child Protec- tim’s rights advocates. She cared tion Act of 1993 (42 U.S.C. 5119a).’’. SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT. enough for that cause, in the words of State and federal law enforcement agen- ‘‘(k) NOTIFICATION UPON RELEASE.—Any the old Hallmark Card commercial, ‘‘to state not having established a program de- cies, employees of state and federal law en- give her very best.’’ And in doing so, forcement agencies, and state and federal of- scribed in 170102(a)(3) must— she reminded people all over my State ‘‘(1) Upon release from prison, or place- ficials shall be immune from liability for good faith conduct under section 170102. and people all over America that we ment on parole, supervised release, or proba- are never going to be able to deal with tion, notify each offender who is convicted of SEC. 9. REGULATIONS. an offense described in subparagraph (A) or Not later than 1 year after the date of en- the violent crime problem in this coun- (B) of section 170101(a)(1) of their duty to reg- actment of this Act, the Attorney General try until those of us who are not vic- ister with the FBI; and shall issue regulations to carry out this Act tims of crime are as outraged by these ‘‘(2) Notify the FBI of the release of each and the amendments made by this Act. atrocities as are the victims them- offender who is convicted of an offense de- SEC. 10. EFFECTIVE DATE. selves. scribed in subparagraph (A) or (B) of section (a) IN GENERAL.—This Act and the amend- I thank my colleagues for letting this 170101(a)(1).’’. ments made by this Act shall become effec- bill pass the Senate. I think it is vi- SEC. 3. DURATION OF STATE REGISTRATION RE- tive 1 year after the date of enactment of tally important that we identify and QUIREMENT. this Act. try to monitor sexual predators and I Section 170101(b)(6) of the Violent Crime (b) COMPLIANCE BY STATES.—Each State shall implement the amendments made by think we owe it to our society and to Control and Law Enforcement Act of 1994 (42 law-abiding citizens to do this. U.S.C. 14071(b)(6)) is amended to read as fol- sections 3, 4, 5, 6, and 7 of this Act not later lows: than 3 years after the date of enactment of I believe that this bill will provide ‘‘(6) LENGTH OF REGISTRATION.—A person this Act, except that the Attorney General society with a very strong tool which required to register under subsection (a)(1) may grant an additional 2 years to a State will strengthen local law enforcement, shall continue to comply with this section, that is making good faith efforts to imple- give our families the ability to protect except during ensuing periods of incarcer- ment such amendments. our children, and which will establish a ation, until— (c) INELIGIBILITY FOR FUNDS.— data base that the Boy Scouts, the Girl ‘‘(A) 10 years have elapsed since the person (1) a State that fails to implement the pro- Scouts, and other youth organizations gram as describe din sections 3, 4, 5, 6, and 7 was released from prison or placed on parole, can use to check out those who want to supervised release, or probation; or of this Act shall not receive 10 percent of the funds that would otherwise be allocated to be trusted with our children. ‘‘(B) for the life of that person if that per- I think this bill will save lives and I son— the State under section 506 of the Omnibus ‘‘(I) has 1 or more prior convictions for an Crime Control and Safe Streets Act of 1968 think it will provide greater comfort offense described in subsection (a)(1)(A); or (42 U.S.C. 3765). and greater security to our families. I ‘‘(ii) has been convicted of an aggravated (2) any funds that are not allocated for am very proud of this effort and I offense described in subsection (a)(1)(A); or failure to comply with sections 3, 4, 5, 6, or thank Senator BIDEN for his leadership ‘‘(iii) has been determined to be a sexually 7 of this Act shall be reallocated to States on this issue. violent predator pursuant to subsection that comply with these sections. I yield the remainder of my time. (a)(2).’’. SEC. 11. SEVERABILITY. Mr. BIDEN. Mr. President, Senator SEC. 4. STATE BOARDS. If any provision of this Act, an amendment GRAMM and I are now offering a sub- Section 170101(a)(2) of the Violent Crime made by this Act, or the application of such stitute amendment to S. 1675, a bill Control and Law Enforcement Act of 1994 (42 provision or amendment to any person or originally offered in April by myself circumstance is held to be unconstitutional, U.S.C. 14071(a)(2)) is amended by inserting and Senator GRAMM along with Sen- before the period at the end the following: the remainder of this Act, the amendments ators HUTCHISON, FAIRCLOTH, DORGAN, ‘‘, victim rights advocates, and representa- made by this Act, and the application of the tives from law enforcement agencies’’. provisions of such to any person or cir- KYL, SHELBY, CAMPBELL, MCCONNELL, STEVENS, MCCAIN, and THURMOND. This SEC. 5. FINGERPRINTS. cumstance shall not be affected thereby. Section 170101 of the Violent Crime Control Mr. GRAMM. Mr. President, we have legislation strengthens and improves and Law Enforcement Act of 1994 (42 U.S.C. before us a bill that relates to tracking the Jacob Wetterling Crimes Against 14071) is amended by adding at the end the and identifying sex-offenders. Senator Children and Sexually Violent Offender following new subsection: BIDEN, myself, and a number of other Registration Act. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8779 The Jacob Wetterling Act, enacted as year. Fortunately, Delaware’s offender of fact, his State does not even have a part of the 1994 crime law, requires registration law requires this of- registry yet, which is one of his con- States to enact laws to register and fender—Freddy Marine—to be tracked cerns he mentioned to me because it is track the most violent, the most hor- by Delaware law enforcement. Since sort of behind the rest of us. They are rible—and least likely to be rehabili- his release, Marine has moved to an- not moving. tated—criminals our Nation faces other State. The nationwide system es- The bottom line of this is real sim- today. I refer to those criminals who tablished by this bill will help make ple. We want people to know. We want attack our children and criminals who sure that if Freddy Marine moves back a system to be available where it is a are sexually violent predators. to Delaware—our State law enforce- nationwide system that will help State These criminals must be tracked. ment will know, and knowledge is the and local enforcement people track of- And local law enforcement must know key to effective enforcement. fenders as they move from State to when these criminals are in their com- In summary, the sex offender track- State, providing a backup system for munities. This was the reason I worked ing and identification bill is possible tracking. to include this important measure in because States such as Delaware and Second, while most States have es- the 1994 crime law. And I will also Texas have done the hard work to build tablished or are about to establish point out that almost all States have statewide registration systems. We these systems, if any State fails to act, we cannot allow there to be a Penn- taken great strides to build an effec- now seek to build a system where all sylvania black hole out there, a black tive tracking system. movement of sexually violent and child hole that Massachusetts now, for ex- Now we seek to build upon this offenders can be tracked and we will go ample, is part of, because if folks who progress to meet three specific goals. a long way toward the day when none are pedophiles in Massachusetts are First, we must have a nationwide of these predators will fall between the moving into Rhode Island, or any other system that will help State and local cracks. place, or even into Massachusetts, law enforcement track these offenders I am glad that we can now offer and there is nobody who knows. So we need as they move from State to State and pass with the unanimous consent of the a nationwide system. will help by providing a back-up sys- Senate this important legislation to Third, we have to assure that the tem of tracking. protect our children from sexual of- most serious sexual predators are re- Second, while most States have es- fenders. I hope that our colleagues in quired to remain registered with law tablished or are about to establish the House of Representatives will take enforcement officials for the rest of these systems, if any States fail to act, up and pass the companion bill to this their lives. This is not just being un- we cannot allow there to be a ‘‘black- legislation and enact these vital pro- necessarily punitive. The recidivism hole’’ where sexual predators can hide tections for our children. rates are high, and the notification and are then lost to all States. A na- Mr. President, this is the next step in saves lives. tionwide system will track offenders if the approach to start action which We require all offenders to verify States do not maintain registration Senator DORGAN, I, Senator GRAMM of their address on a regular basis by re- systems. Texas, and others were doing with the turning verification cards with their Third, we must ensure that the most crime bill. We decided that we were fingerprints and a recent photograph. serious sexual predators are required to going to nationalize it—it became We require that a nationwide warning remain registered with law enforce- known as Megan’s Law, and it was also is issued whenever an offender fails to ment officials for the rest of their called the Jacob Wetterling Act, again verify their address or an offender can- lives. named after a victim in this case—to not be located. We institute tough pen- All of these key goals will be met by make sure every State had the ability alties for offenders who willfully fail to this legislation. In addition, our and the requirement, in order to get meet this requirement. We notify law amendment will offer some improve- Federal funds, that they had a State enforcement officials not only when an ments which are made possible by the registry so that we know the States offender moves to an area, but when nationwide system this amendment and communities can know. It became they move from an area. will provide. For example, our bill known as Megan’s Law because of the Let me offer one practical example of will— celebrated tragic case in New Jersey. It the need for this nationwide database. Require all offenders to verify their was included in the original crime bill. A sexual offender in Delaware named address on a regular basis by returning What we did not do that Senator Freddie Marine is notorious. While in verification cards with their finger- DORGAN and Senator KERRY—first Sen- Delaware, every community was noti- prints and recent photograph. ator GRAMM came to me and asked me fied. But he moved out of Delaware. He Require that a nationwide warning is about participating in this, and Sen- may be over in Maryland or New Jer- issued whenever an offender fails to ator KERRY of Massachusetts and oth- sey. He is as much of a threat to a verify their address or when an of- ers, because all of a sudden it became child in New Jersey or Maryland as he fender cannot be located. pretty clear that there was a gaping was in Delaware. But no one knows. Institute tough penalties for offend- hole. If, in fact, we have registration, There is no way they can know. ers who willfully fail to meet their ob- for example, in Delaware, and our So this nationwide database will pro- ligations to register with the nation- State is registering sex offenders so vide that. It has been a pleasure. Peo- wide system in States where there is people know whether a pedophile has ple kid—when they said, ‘‘This is the no registration and in cases of offend- moved into the neighborhood after hav- Gramm-Biden amendment, well, we ers who move from one State to an- ing been released from the jail, that will let this go through. It must be other. gives the community some protection. OK.’’ But the truth is the Senator from Notify law enforcement officials not But there was no vehicle or mechanism Texas and I work an awful lot on these only when an offender moves to their until we passed the Gramm-Biden law. criminal justice issues, and we are area, but also when an offender moves We are going to rename the law. For more in agreement than not. I thank out of their neighborhood. the person in Delaware who is in a po- him for, quite frankly, pointing out To offer just one of the practical sition where a pedophile who lived in this black hole that I referred to early problems a national database will help Chester County, PA—literally 4 miles on. It is a pleasure to work with him. local law enforcement address—Dela- or 5 miles from Wilmington, DE— And I thank my friend, Senator DOR- ware law enforcement, because Dela- moves across the line, there is no vehi- GAN, for not only letting this go ware is so close to other States, will cle. There is no mechanism for the through but being on the ground floor certainly need to know if a sexual pred- Pennsylvania authorities to notify the when we put the Jacob Wetterling leg- ator lives just over the line in Penn- authorities in the State of Delaware. islation together; and my friend from sylvania. And only a national database The Senator from Massachusetts and Massachusetts, who has been very, can provide this information. I were talking about this. He points very concerned about the failure of his To offer a real life example of why a out that in his State, he has the same State to move, as it should have, in nationwide system is needed—in Dela- circumstance, if, in fact, you move making sure to help fill this black ware, a sex offender was released last from one State to another. As a matter hole. I thank him very much. S8780 CONGRESSIONAL RECORD — SENATE July 25, 1996 I yield the remainder of my time, ‘‘(d) LENGTH OF REGISTRATION.—A person register under such program within or out- which is a rarity for me to do on the described in subsection (b) who is required to side of such State, the State shall notify— floor. register under subsection (c) shall, except ‘‘(A) the law enforcement officials of the Mr. GRAMM. Mr. President, again, I during ensuing periods of incarceration, con- jurisdiction to which, and the jurisdiction tinue to comply with this section— from which, the person has relocated; and ask unanimous consent that the ‘‘(1) until 10 years after the date on which ‘‘(B) the FBI. amendment be considered as read and the person was released from prison or ‘‘(5) VERIFICATION.— agreed to, the bill be deemed to have placed on parole, supervised release, or pro- ‘‘(A) NOTIFICATION OF LOCAL LAW ENFORCE- been read the third time, and passed, as bation; or MENT OFFICIALS.—The FBI shall ensure that amended, the motion to reconsider be ‘‘(2) for the life of the person, if that per- State and local law enforcement officials of laid upon the table, and that any state- son— the jurisdiction from which, and the State ments related to the bill be placed at ‘‘(A) has 2 or more convictions for an of- and local law enforcement officials of the ju- fense described in subsection (b); risdiction to which, a person required to reg- the appropriate place in the RECORD. ‘‘(B) has been convicted of aggravated sex- ister under subsection (c) relocates are noti- The PRESIDING OFFICER. Without ual abuse, as defined in section 2241 of title fied of the new residence of such person. objection, it is so ordered. 18, United States Code, or in a comparable ‘‘(B) NOTIFICATION OF FBI.—A State agency The amendment (No. 5038) was agreed provision of State law; or receiving notification under this subsection to. ‘‘(C) has been determined to be a sexually shall notify the FBI of the new residence of The bill (S. 1675), as amended, was violent predator. the offender. deemed read the third time, and ‘‘(e) VERIFICATION.— ‘‘(C) VERIFICATION.— ‘‘(1) PERSONS CONVICTED OF AN OFFENSE passed, as follows: ‘‘(i) STATE AGENCIES.—If a State agency AGAINST A MINOR OR A SEXUALLY VIOLENT OF- cannot verify the address of or locate a per- S. 1675 FENSE.—In the case of a person required to son required to register with a minimally Be it enacted by the Senate and House of Rep- register under subsection (c), the FBI shall, sufficient sexual offender registration pro- resentatives of the United States of America in during the period in which the person is re- gram, including a program established under Congress assembled, quired to register under subsection (d), ver- section 170101, the State shall immediately SECTION 1. SHORT TITLE. ify the person’s address in accordance with notify the FBI. This Act may be cited as the ‘‘Pam guidelines that shall be promulgated by the ‘‘(ii) FBI.—If the FBI cannot verify the ad- Lychner Sexual Offender Tracking and Iden- Attorney General. Such guidelines shall en- dress of or locate a person required to reg- tification Act of 1996’’. sure that address verification is accom- ister under subsection (c) or if the FBI re- plished with respect to these individuals and SEC. 2. OFFENDER REGISTRATION. ceives notification from a State under clause shall require the submission of fingerprints (i), the FBI shall— (a) ESTABLISHMENT OF FBI DATABASE.— and photographs of the individual. Subtitle A of title XVII of the Violent Crime ‘‘(I) classify the person as being in viola- ‘‘(2) SEXUALLY VIOLENT PREDATORS.—Para- Control and Law Enforcement Act of 1994 (42 tion of the registration requirements of the graph (1) shall apply to a person described in national database; and U.S.C. 14071) is amended by adding at the end subsection (b)(3), except that such person the following new section: ‘‘(II) add the name of the person to the Na- must verify the registration once every 90 tional Crime Information Center Wanted ‘‘SEC. 170102. FBI DATABASE. days after the date of the initial release or person file and create a wanted persons ‘‘(a) DEFINITIONS.—For purposes of this sec- commencement of parole of that person. record: Provided, That an arrest warrant tion— ‘‘(f) COMMUNITY NOTIFICATION.— which meets the requirements for entry into ‘‘(1) the term ‘FBI’ means the Federal Bu- ‘‘(1) IN GENERAL.—Subject to paragraph (2), the file is issued in connection with the vio- reau of Investigation; the FBI may release relevant information lation. ‘‘(2) the terms ‘criminal offense against a concerning a person required to register ‘‘(h) FINGERPRINTS.— victim who is a minor’, ‘sexually violent of- under subsection (c) that is necessary to pro- ‘‘(1) FBI REGISTRATION.—For each person fense’, ‘sexually violent predator’, ‘mental tect the public. required to register under subsection (c), fin- abnormality’, and ‘predatory’ have the same ‘‘(2) IDENTITY OF VICTIM.—In no case shall gerprints shall be obtained and verified by meanings as in section 170101(a)(3); and the FBI release the identity of any victim of the FBI or a local law enforcement official ‘‘(3) the term ‘minimally sufficient sexual an offense that requires registration by the pursuant to regulations issued by the Attor- offender registration program’ means any offender with the FBI. ney General. State sexual offender registration program ‘‘(g) NOTIFICATION OF FBI OF CHANGES IN ‘‘(2) STATE REGISTRATION SYSTEMS.—In a that— RESIDENCE.— State that has a minimally sufficient sexual ‘‘(A) requires the registration of each of- ‘‘(1) ESTABLISHMENT OF NEW RESIDENCE.— offender registration program, including a fender who is convicted of an offense de- For purposes of this section, a person shall program established under section 170101, scribed in subparagraph (A) or (B) of section be deemed to have established a new resi- fingerprints required to be registered with 170101(a)(1); dence during any period in which that person the FBI under this section shall be obtained ‘‘(B) requires that all information gathered resides for not less than 10 days. and verified in accordance with State re- under such program be transmitted to the ‘‘(2) PERSONS REQUIRED TO REGISTER WITH quirements. The State agency responsible for FBI in accordance with subsection (g) of this THE FBI.—Each establishment of a new resi- registration shall ensure that the finger- section; dence, including the initial establishment of prints and all other information required to ‘‘(C) meets the requirements for verifica- a residence immediately following release be registered is registered with the FBI. tion under section 170101(b)(3); and from prison, or placement on parole, super- ‘‘(i) PENALTY.—A person required to reg- ‘‘(D) requires that each person who is re- vised release, or probation, by a person re- ister under paragraph (1), (2), or (3) of sub- quired to register under subparagraph (A) quired to register under subsection (c) shall section (g) who knowingly fails to comply shall do so for a period of not less than 10 be reported to the FBI not later than 10 days with this section shall— years beginning on the date that such person after that person establishes a new resi- ‘‘(1) in the case of a first offense— was released from prison or placed on parole, dence. ‘‘(A) if the person has been convicted of 1 supervised release, or probation. ‘‘(3) INDIVIDUAL REGISTRATION REQUIRE- offense described in subsection (b), be fined ‘‘(b) ESTABLISHMENT.—The Attorney Gen- MENT.—A person required to register under not more than $100,000; or eral shall establish a national database at subsection (c) or under a minimally suffi- ‘‘(B) if the person has been convicted of the Federal Bureau of Investigation to track cient offender registration program, includ- more than 1 offense described in subsection the whereabouts and movement of— ing a program established under section (b), be imprisoned for up to 1 year and fined ‘‘(1) each person who has been convicted of 170101, who changes address to a State other not more than $100,000; or a criminal offense against a victim who is a than the State in which the person resided at ‘‘(2) in the case of a second or subsequent minor; the time of the immediately preceding reg- offense, be imprisoned for up to 10 years and ‘‘(2) each person who has been convicted of istration shall, not later than 10 days after fined not more than $100,000. a sexually violent offense; and that person establishes a new residence, reg- ‘‘(j) RELEASE OF INFORMATION.—The infor- ‘‘(3) each person who is a sexually violent ister a current address, fingerprints, and mation collected by the FBI under this sec- predator. photograph of that person, for inclusion in tion shall be disclosed by the FBI— ‘‘(c) REGISTRATION REQUIREMENT.—Each the appropriate database, with— ‘‘(1) to Federal, State, and local criminal person described in subsection (b) who re- ‘‘(A) the FBI; and justice agencies for— sides in a State that has not established a ‘‘(B) the State in which the new residence ‘‘(A) law enforcement purposes; and minimally sufficient sexual offender reg- is established. ‘‘(B) community notification in accordance istration program shall register a current ‘‘(4) STATE REGISTRATION REQUIREMENT.— with section 170101(d)(3); and address, fingerprints of that person, and a Any time any State agency in a State with ‘‘(2) to Federal, State, and local govern- current photograph of that person with the a minimally sufficient sexual offender reg- mental agencies responsible for conducting FBI for inclusion in the database established istration program, including a program es- employment-related background checks under subsection (b) for the time period spec- tablished under section 170101, is notified of under section 3 of the National Child Protec- ified under subsection (d). a change of address by a person required to tion Act of 1993 (42 U.S.C. 5119a).’’. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8781 ‘‘(k) NOTIFICATION UPON RELEASE.—Any forcement agencies, and State and Federal The assistant clerk read as follows: State not having established a program de- officials shall be immune from liability for The Senator from North Dakota [Mr. DOR- scribed in section 170102(a)(3) must— good faith conduct under section 170102. GAN], for himself, Mr. HATFIELD, Mr. BUMP- ‘‘(1) upon release from prison, or placement SEC. 9. REGULATIONS. ERS, Mr. JEFFORDS, Mr. LEAHY, Mr. HARKIN, on parole, supervised release, or probation, Not later than 1 year after the date of en- Mr. PRYOR, Ms. MOSELEY-BRAUN, Mr. notify each offender who is convicted of an actment of this Act, the Attorney General FEINGOLD, Mr. PELL, Mr. INOUYE, Mr. WYDEN, offense described in subparagraph (A) or (B) shall issue regulations to carry out this Act Mr. KENNEDY, Mr. SIMON, Mr. LAUTENBERG, of section 170101(a)(1) of their duty to reg- and the amendments made by this Act. and Mrs. FEINSTEIN, proposes an amendment ister with the FBI; and SEC. 10. EFFECTIVE DATE. numbered 5045. ‘‘(2) notify the FBI of the release of each offender who is convicted of an offense de- (a) IN GENERAL.—This Act and the amend- Mr. DORGAN. Mr. President, I ask scribed in subparagraph (A) or (B) of section ments made by this Act shall become effec- unanimous consent that reading of the 170101(a)(1).’’. tive 1 year after the date of enactment of amendment be dispensed with. this Act. SEC. 3. DURATION OF STATE REGISTRATION RE- The PRESIDING OFFICER. Without (b) COMPLIANCE BY STATES.—Each State QUIREMENT. objection, it is so ordered. shall implement the amendments made by Section 170101(b)(6) of the Violent Crime The amendment is as follows: Control and Law Enforcement Act of 1994 (42 sections 3, 4, 5, 6, and 7 of this Act not later than 3 years after the date of enactment of At the appropriate place in the bill, insert U.S.C. 14071(b)(6)) is amended to read as fol- the following new title: lows: this Act, except that the Attorney General TITLE —CONGRESSIONAL REVIEW OF ‘‘(6) LENGTH OF REGISTRATION.—A person may grant an additional 2 years to a State required to register under subsection (a)(1) that is making good faith efforts to imple- ARMS TRANSFERS ELIGIBILITY ACT OF shall continue to comply with this section, ment such amendments. 1996 except during ensuing periods of incarcer- (c) INELIGIBILITY FOR FUNDS.— SEC. 01. SHORT TITLE. ation, until— (1) A State that fails to implement the pro- This title may be cited as the ‘‘Congres- ‘‘(A) 10 years have elapsed since the person gram as described in section 3, 4, 5, 6, and 7 sional Review of Arms Transfers Eligibility was released from prison or placed on parole, of this Act shall not receive 10 percent of the Act of 1996’’. supervised release, or probation; or funds that would otherwise be allocated to SEC. 02. PURPOSE. ‘‘(B) for the life of that person if that per- the State under section 506 of the Omnibus The purpose of this title is to provide con- son— Crime Control and Safe Streets Act of 1968 gressional review of the eligibility of foreign ‘‘(i) has 1 or more prior convictions for an (42 U.S.C. 3765). governments to be considered for United offense described in subsection (a)(1)(A); or (2) Any funds that are not allocated for States military assistance and arms trans- ‘‘(ii) has been convicted of an aggravated failure to comply with section 3, 4, 5, 6, or 7 fers, and to establish clear standards for offense described in subsection (a)(1)(A); or of this Act shall be reallocated to States such eligibility including adherence to demo- ‘‘(iii) has been determined to be a sexually that comply with these sections. cratic principles, protection of human rights, violent predator pursuant to subsection SEC. 11. SEVERABILITY. nonaggression, and participation in the Unit- (a)(2).’’. If any provision of this Act, an amendment ed Nations Register of Conventional Arms. SEC. 4. STATE BOARDS. made by this Act, or the application of such SEC. 03. ELIGIBILITY FOR UNITED STATES MILI- Section 170101(a)(2) of the Violent Crime provision or amendment to any person or TARY ASSISTANCE OR ARMS TRANS- Control and Law Enforcement Act of 1994 (42 circumstance is held to be unconstitutional, FERS. U.S.C. 14071(a)(2)) is amended by inserting the remainder of this Act, the amendments (a) PROHIBITION; WAIVER.—United States before the period at the end the following: ‘‘, made by this Act, and the application of the military assistance or arms transfers may victim rights advocates, and representatives provisions of such to any person or cir- not be provided to a foreign government dur- from law enforcement agencies’’. cumstance shall not be affected thereby. ing a fiscal year unless the President deter- mines and certifies to the Congress for that SEC. 5. FINGERPRINTS. f Section 170101 of the Violent Crime Control fiscal year that— FOREIGN OPERATIONS, EXPORT (1) such government meets the criteria and Law Enforcement Act of 1994 (42 U.S.C. ll 14071) is amended by adding at the end the FINANCING, AND RELATED PRO- contained in section 04; (2) it is in the national security interest of following new subsection: GRAM APPROPRIATIONS ACT, the United States to provide military assist- ‘‘(g) FINGERPRINTS.—Each requirement to 1997 register under this section shall be deemed ance and arms transfers to such government, to also require the submission of a set of fin- The Senate continued with the con- and the Congress enacts a law approving gerprints of the person required to register, sideration of the bill. such determination; or obtained in accordance with regulations pre- (3) an emergency exists under which it is The PRESIDING OFFICER. Under vital to the interest of the United States to scribed by the Attorney General under sec- the previous agreement, the Senator tion 170102(h).’’. provide military assistance or arms transfers from North Dakota is recognized to to such government. SEC. 6. VERIFICATION. (b) DETERMINATION WITH RESPECT TO Section 170101(b)(3)(A)(iii) of the Violent offer his amendment. The only second- EMERGENCY SITUATIONS.—The President shall Crime Control and Law Enforcement Act of degree amendment that would be in submit to the Congress at the earliest pos- 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended order is an amendment offered by the by adding at the end the following: ‘‘The per- Senator from Massachusetts. There is sible date reports containing determinations son shall include with the verification form, with respect to emergencies under sub- to be 1 hour of debate, with 40 minutes section (a)(3). Each such report shall contain fingerprints and a photograph of that per- under the control of the proponents son.’’. a description of— and 20 minutes under the control of the (1) the nature of the emergency; SEC. 7. REGISTRATION INFORMATION. opponents. (2) the type of military assistance and Section 170101(b)(2) of the Violent Crime arms transfers provided to the foreign gov- Control and Law Enforcement Act of 1994 (42 Mr. DORGAN. Would the Chair please inform me when I have used 20 min- ernment; and U.S.C. 14071(b)(2)) is amended to read as fol- (3) the cost to the United States of such as- lows: utes? I yield myself such time as I may sistance and arms transfers. ‘‘(2) TRANSFER OF INFORMATION TO STATE consume. SEC. 04. CRITERIA FOR CERTIFICATION. AND THE FBI.—The officer, or in the case of a AMENDMENT NO. 5045 The criteria referred to in section person placed on probation, the court, shall, (Purpose: To provide congressional review of ll03(a)(1) are as follows: within 3 days after receipt of information de- and clear standards for the eligibility of (1) PROMOTES DEMOCRACY.—Such govern- scribed in paragraph (1), forward it to a des- foreign governments to be considered for ment— ignated State law enforcement agency. The United States military assistance and (A) was chosen by and permits free and fair State law enforcement agency shall imme- arms transfers) elections; diately enter the information into the appro- (B) promotes civilian control of the mili- priate State Law enforcement record system Mr. DORGAN. I am offering an tary and security forces and has civilian in- and notify the appropriate law enforcement amendment on behalf of myself and stitutions controlling the policy, operation, agency having jurisdiction where the person Senator HATFIELD with cosponsors, in- and spending of all law enforcement and se- expects to reside. The State law enforcement cluding Senators BUMPERS, JEFFORDS, curity institutions, as well as the armed agency shall also immediately transmit all LEAHY, HARKIN, PRYOR, MOSELEY- forces; information described in paragraph (1) to the BRAUN, FEINGOLD, PELL, INOUYE, (C) promotes the rule of law, equality be- Federal Bureau of Investigation for inclusion fore the law, and respect for individual and WYDEN, KENNEDY, SIMON, LAUTENBERG in the FBI database described in section minority rights, including freedom to speak, 170102.’’. and FEINSTEIN. publish, associate, and organize; and SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT. I send the amendment to the desk. (D) promotes the strengthening of politi- State and Federal law enforcement agen- The PRESIDING OFFICER. The cal, legislative, and civil institutions of de- cies, employees of State and Federal law en- clerk will report. mocracy, as well as autonomous institutions S8782 CONGRESSIONAL RECORD — SENATE July 25, 1996 to monitor the conduct of public officials Nicaragua and Honduras and with two diers, violating human rights, and giv- and to combat corruption. other Members of Congress visiting, as ing away American jobs. (2) RESPECTS HUMAN RIGHTS.—Such govern- the first officials to do so, a contra We do not come to the floor of the ment— Senate suggesting that we not furnish (A) does not engage in gross violations of camp. I will never forget the morning internationally recognized human rights, as that we walked through this jungle. We arms anywhere in the world. Allies of described in section 502B(d)(1) of the Foreign had traveled 31⁄2 hours by car, then ours that need arms to defend them- Assistance Act of 1961; back up in riverbeds, and finally selves should receive those arms. De- (B) vigorously investigates, disciplines, walked. And I walked into a jungle mocracies around the world that need and prosecutes those responsible for gross clearing somewhere between Nicaragua arms to feel safe and secure should re- violations of internationally recognized and Honduras. ceive those arms. The question we ask human rights; As I began to see a group of people in is, should there not be some minimum (C) permits access on a regular basis to po- litical prisoners by international humani- that clearing, I saw a very young boy standard of conduct that measures tarian organizations such as the Inter- wearing a blue uniform. I found out whether and when we send those arms? national Committee of the Red Cross; later that it was a military uniform We propose a commonsense approach (D) promotes the independence of the judi- purchased from Sears. Yes, our Sears. in this legislation. And I should add ciary and other official bodies that oversee All of those soldiers were outfitted in that this kind of legislation is being the protection of human rights; and uniforms from Sears. But it was not so considered by our allies in Europe and (E) does not impede the free functioning of much his uniform that captured my at- other places in the world, and we hope and access of domestic and international tention. It was seeing a young boy who we will have a safer world if others and human rights organizations or, in situations of conflict or famine, of humanitarian orga- appeared to be 10 or 11 years old carry- ourselves will adopt this kind of code nizations. ing a machine gun. It turns out that of conduct with respect to arms trans- (3) NOT ENGAGED IN CERTAIN ACTS OF ARMED the machine gun was in that young fers. Our commonsense approach is AGGRESSION.—Such government is not cur- boy’s hands courtesy of the United this. rently engaged in acts of armed aggression States as well. First, to be eligible to receive Amer- in violation of international law. Well, that conflict and that set of ican-made arms, we would expect a (4) FULL PARTICIPATION IN UNITED NATIONS military arms transfers led to a long government must be promoting democ- REGISTER OF CONVENTIONAL ARMS.—Such gov- debate. We debated for years about racy through fair and free elections, ci- ernment is fully participating in the United Nations Register of Conventional Arms. whether we should or should not have vilian control of the military, rule of SEC. 05. CERTIFICATION AND DECERTIFICA- sent arms to the contras. But it got me law, freedom of speech and of the press. TION. interested. I wondered, to whom are we Second, we would expect a country (a) NOTIFICATION TO CONGRESS.—In the case sending arms around the world? What receiving our arms to respect human of a determination by the President under kind of arms are we sending? Who gets rights. We would expect them not to section ll03(a) (1) or (2) with respect to a America’s jet fighter planes? Who ac- commit gross violations of internation- foreign government, the President shall sub- quires American-made tanks? Who ac- ally recognized human rights. mit to the Congress the initial certification quires American guns and cluster Third, we would expect that a coun- in conjunction with the submission of the try receiving our arms would observe annual request for enactment of authoriza- bombs? And I discovered that the Unit- tions and appropriations for foreign assist- ed States of America is the largest international borders and not be en- ance programs for a fiscal year and shall, arms merchant in the world. In 1994, we gaged in armed aggression against its where appropriate, submit additional or delivered over $10 billion of the $20 bil- neighbors in violation of international amended certifications at any time there- lion worth of arms spread all over this law. after in the fiscal year. world, arms used for defense and for Fourth, we would expect countries (b) DECERTIFICATION.—If a foreign govern- killing, in some cases arms provided to receiving our armaments to participate ment ceases to meet the criteria contained in the U.N. Conventional Arms Reg- ll both sides of the same conflict by in section 04, the President shall submit istry, which provides transparency to a decertification of the government to the American arms merchants and by our Congress, whereupon any prior certification Government. the world arms market by listing under section ll03(a)(1) shall cease to be ef- Fifty two percent of the worldwide major arms sales and transfers. fective. arms deliveries were from the United We provide that a President may SEC. 06. UNITED STATES MILITARY ASSISTANCE States of America. We offer today an waive the criteria on an emergency AND ARMS TRANSFERS DEFINED. amendment called the code of conduct basis. I conceive that there are cir- For purposes of this title, the terms ‘‘Unit- amendment, a commonsense approach cumstances in which that might well ed States military assistance’’ and ‘‘arms to address the issue of the arms trade. be necessary. We would provide for transfers’’ mean— It is interesting and tragic, I think, that waiver. We do not include arms (1) assistance under chapter 2 of part II of export credit arrangements under Sec- the Foreign Assistance Act of 1961 (relating that selling arms to some parts of the to military assistance), including the trans- world comes back to haunt us. Amer- tion 23 of the Arms Export Control Act, fer of excess defense articles under section ican troops in Panama, Iraq, Somalia, such as the Foreign Military Financing 516 of that Act; and Haiti lost their lives facing weap- program. (2) assistance under chapter 5 of part II of ons made in this country or weapons What we are trying to do is think the Foreign Assistance Act of 1961 (relating from technology this country furnished through the question, is there not some to international military education and others. Someone made a profit selling basic standard by which we judge training); arms to someone that should not have whether an arms transfer to some (4) the transfer of defense articles, defense other part of the world makes sense? Is services, or design and construction services received the arms and American uni- under the Arms Export Control Act (except formed men and women then faced it only profits? Do we only care that any transfer or other assistance under sec- those same weapons in a conflict. someone can make some additional tion 23 of such Act), including defense arti- U.S. arms are often turned against profits by taking an incredibly sophis- cles and defense services licensed or ap- innocent civilians. The United States ticated weapons machine, a jet fighter, proved for export under section 38 of that has offered F–16 fighters to Indonesia’s for example, and selling it anywhere in Act. military regime despite the fact that the world? Is it only profit or is there SEC. 07. EFFECTIVE DATE. U.S. weapons have already been used in some other measure that is important? (a) Except as provided in subsection (b), the occupation of East Timor. Two Senator HATFIELD and I and many oth- this title shall take effect October 1, 1997. hundred thousand civilians have been ers believe there ought to be some (b) Any initial certification made under section ll03 shall be transmitted to the slaughtered there. measure, and it is called the code of Congress with the President’s budget sub- The definition in the dictionary of conduct. mission for fiscal year 1998 under section 1105 the word ‘‘boomerang’’ is ‘‘an act that It is interesting that the boomerang of title 31, United States Code. backfires on its originator.’’ That is I mentioned is not just having Amer- Mr. DORGAN. Mr. President, 12 years what we find with some—not all, ican-made weapons turned on Amer- ago in August, on an almost perfect, some—of the foreign military arms ican soldiers. It is also moving Amer- beautiful summer morning, I was in sales, a boomerang, an arms trade pol- ican jobs elsewhere. Lockheed Martin the jungle and mountains between icy that ends up killing American sol- secured a sale of F–16’s to Turkey in July 25, 1996 CONGRESSIONAL RECORD — SENATE S8783 exchange for the planes being built in Let me associate myself with the elo- how people around this country will Turkey. What that means, of course, is, quent statement made by Senator DOR- tolerate much further this kind of ex- to the extent that sale would have GAN to explain this bill. I would only port that we have engaged in. made sense in the first place and met try to add perhaps one or two perspec- It started with, perhaps, Charles de the criteria, someone else has the eco- tives. Gaulle. That is the way he funded his nomic advantage of that sale. First of all, I think we have to recog- military budget, was to sell arms But our major concern is not jobs. nize that we are not locking the Presi- abroad. Unfortunately, back in 1962, Our major concern is to promote and dent out of an action that he might that was the policy of the United create a safer world, and it is not a have to take if he has a problem in an States of America. That became the safer world when we send American emergency situation. In other words, policy in 1962, when the President de- soldiers to deal with trouble in the the President would have the power to cided in order to help fund some of our world and they find themselves facing make a waiver, a waiver of the criteria own military budgets, we would export the barrel of an American-made weap- we have set up in this amendment in arms. This idea of funding a domestic on provided to a government that case he feels that our national interest need by exporting our arms is, to me, should not have received it in the first is at stake and to make a waiver that immoral and is counterproductive. instance, provided without any review, is in the interest of our national need So I am very hopeful we will support without any standard code that we de- and our national security. So it is this particular amendment. It is flexi- velop that says, ‘‘Here are the condi- flexible in that sense. ble. It takes into consideration emer- tions under which we will transfer Let me pick up on Senator DORGAN’s gencies unforeseen. And it does not these arms shipments.’’ examples of how this expands the vul- lock the President out. In fact, all it Those who would oppose this might nerability of our own troops when they does is to say the Congress has some say we are trying to shut off arms are sent abroad for peacekeeping ac- joint responsibility in that kind of pol- sales. That is simply not the case. tivities after we have delivered arms. icy that was recommended by the There will remain arms sales. Arms Let me take a specific. From 1981 to President’s review commission on manufacturers in this country produce 1991, $154 million of arms were deliv- arms, that the Congress should have a sophisticated product, in most cases ered to Somalia from the United some kind of role in assessing this from the best in the world. Other countries States. Then when you begin to look at time to time. often want those products for their how that stimulated the arms race and We have not had a debate on this common defense. We understand and endangered our national security, ulti- floor for 20 years on this subject, a accept that there will be arms trans- mately the total cost of arms to Soma- comprehensive debate. I am not sure in fers, but we believe it is time for this lia was $1.2 billion—25,800 United 1 hour we are going to have it today. country to adopt a code, a standard, by States troops were deployed, 23 were But at least it is a small step, I think, which we judge whether an arms trans- killed in action, 143 were wounded. in raising this issue so the American fer to this dictator or that dictator or That is the kind of return we had on public will understand our failure to this country or that country makes that one example, of sending troops. uphold our responsibilities in govern- sense for this country’s long-term well- Also, today we are building more F– ing some of this export of death. being. The fact is that weapons have 16’s in Ankara, Turkey, than we are in The PRESIDING OFFICER. Who been sold in circumstances where the Fort Worth, TX. It does not help Amer- yields time? The Senator from North sale has not been in the best interests ican workers, as some may say, and we, Dakota. of United States, and that is why we indeed, need to help employment in Mr. DORGAN. Mr. President, I intend offer this legislation. this country. We find that 88,000 jobs to yield to the Senator from Massachu- Let me, Mr. President, reserve the re- could be created in the United States setts after I make a couple of observa- mainder of the time, since I see that in offsetting some of this extraordinary tions about the comments of the Sen- my distinguished colleague Senator subsidy of arms. In other words, we do ator from Oregon. HATFIELD is on the floor. Let me say, not lose jobs by cutting down the ex- In 1993, the United States supplied 75 before he begins, that Senator HAT- port of arms. We are creating them in percent of all weapons sold to the FIELD has been at this longer than oth- other sectors of our economy, where Third World, the countries who can ers of us in the Senate. I deeply admire there is great need. least afford to be buying arms—75 per- the work he has done in the Senate and Mr. President, I was reared in a gen- cent of the weapons that went to the for this country, and I feel deeply hon- eration where among our required Third World came from the United ored to participate with him in offering reading in high school was a book States. According to our State Depart- this amendment. called ‘‘Merchants of Death.’’ It was a ment and their own human rights re- Mr. HATFIELD addressed the Chair. story of how the Krupp Works and port, more than three-quarters of our The PRESIDING OFFICER. The Sen- other manufacturers of arms in Central arms sales in 1993 went to undemo- ator from Oregon is recognized. Europe sent their arms out to both cratic governments. In other words, Mr. HATFIELD. Mr. President, I ask sides. In fact, they were sometimes three-quarters of the arms we send for 8 minutes. guilty of stimulating conflict in order around the world goes to governments Mr. DORGAN. I yield the Senator 8 to sell their arms. listed by the State Department as au- minutes. We were reared in a manner of saying thoritarian governments with serious The PRESIDING OFFICER. The Sen- that is immoral; surely our Nation human rights abuses. The people who ator from Oregon is recognized for 8 would never be guilty of such a crime live in those areas where these Amer- minutes. against humanity. Yet I have to say, ican weapons are coming in have every Mr. HATFIELD. Mr. President, I since the Soviet Union has become un- right to wonder about America. This think it is very obvious I have a prob- raveled, we are now unquestionably the legislation allows us to develop some lem of laryngitis. No. 1 merchants of death in this world standards that move in the right direc- I thank my good friend, Senator DOR- by our export of arms. We not only ex- tion. GAN, for taking leadership on this par- port them as a market, we go around Mr. President, let me yield 5 minutes ticular amendment. I feel strongly promoting it. We go around to the Senator from Massachusetts, enough about it to be here to do two ballyhooing the arms that we have, the Senator KERRY. things; one, to support the amendment, arms that are exhibited in the Paris The PRESIDING OFFICER. The Sen- but the other is to apologize to the Air Show and many international con- ator from Massachusetts is recognized chairman of the Subcommittee on Ap- ferences that supposedly are for some for 5 minutes. propriations, Mr. MCCONNELL, for offer- international benefit. It is an arms AMENDMENT NO. 5046 TO AMENDMENT NO. 5045 ing a rider to an appropriations bill, peddling activity. We even let our Em- (Purpose: To promote the establishment of a which I ask everybody to refrain from bassies be instructed to facilitate arms permanent multilateral regime to govern doing. So I guess there is no virtue of transfers as part of their duty in the the transfer of conventional arms) consistency in this particular environ- country in which they are representing Mr. KERRY. Mr. President, I send a ment we work in. the United States. I cannot understand second-degree amendment to the desk S8784 CONGRESSIONAL RECORD — SENATE July 25, 1996 for immediate consideration. I assume needs still to be adjusted to the reali- proliferation in the world and slow the that will not come up in time—— ties of the post-cold-war world. The conventional arms race of which we are The PRESIDING OFFICER. Until the central theme of our foreign policy has currently the leader. time is used or yielded back, the sec- changed from containment of com- I thank the distinguished Senators ond-degree would not be in order. munism to expansion of democracy. So from Oregon and North Dakota for Mr. KERRY. Mr. President, we had a we no longer need to send these mas- their leadership, and I believe that my unanimous-consent agreement a few sive amounts of weaponry to our surro- amendment is acceptable. If so, we can moments ago, allowing for the second- gates around the world in an arms race act on it immediately. degree to be reported at such time as against communism. Mr. President, I believe there is no we deemed appropriate. I ask unani- Instead, we need to evaluate the ef- further debate. If the Chair is ready, we mous consent at this time I be per- fect that arms transfers have on re- can act on this amendment. The PRESIDING OFFICER (Mr. mitted to submit my second-degree gional stability, on the promotion of THOMPSON). The question is on agreeing amendment, under the 5 minutes I democracy, and on the protection of human rights. The legislation in front to the KERRY amendment No. 5046. have. The amendment (No. 5046) was agreed of us seeks to do that. It makes democ- The PRESIDING OFFICER. Without to. objection, it is so ordered. The clerk racy, human rights, and nonaggression Mr. KERRY. I thank the Chair. I will report. the central criteria for decisions on yield back whatever time remains to The assistant legislative clerk read arms transfers. But equally important, the Senator from North Dakota. as follows: it forces the U.S. Congress to take re- Mr. DORGAN. Mr. President, I yield 6 The Senator from Massachusetts [Mr. sponsibility for approving such trans- minutes to the Senator from Califor- KERRY] proposes an amendment numbered fers to countries that do not meet the nia, Senator FEINSTEIN. 5046 to amendment No. 5045. criteria set forth in the legislation. The PRESIDING OFFICER. The Sen- Mr. KERRY. Mr. President, I ask Under the present system, the Presi- ator from California. unanimous consent that reading of the dent just makes a determination of Mrs. FEINSTEIN. Mr. President, I amendment be dispensed with. which countries will receive what thank the Senator, and I commend The PRESIDING OFFICER. Without weapons. In theory, the Congress could both the Senator from Oregon and the objection, it is so ordered. act to disapprove a specific sale, but in distinguished Senator from North Da- The amendment is as follows: practice we all know it is very difficult kota, Senator BYRON DORGAN, and the At the end of the amendment, add the fol- and extremely rare that happens. We senior Senator from Illinois, Mr. lowing new section: ought to be more involved as a Con- SIMON, who is present on the floor, for their longtime support of this code of SEC. . INTERNATIONAL ARMS TRANSFERS RE- gress in making these decisions. This GIME. legislation gives us a prominent role conduct. (a) INTERNATIONAL EFFORTS.—The Presi- that is appropriate to the money that I am a newcomer to this. Let me tell dent shall continue and expand efforts we spend on behalf of the taxpayers you what I feel. I am one who votes for through the United Nations and other inter- and to the interests we represent in the defense appropriations. I want to see national forums, such as The Wassernaar Ar- world. There still will be cases when it this Nation strong. I believe there is a rangement on Export Controls for Conven- serves the interests of our country to deterrent value in having the best tional Arms and Dual Use Goods and Tech- equipment, the best training and the nologies, to curb worldwide arms transfers, transfer arms to countries that do not meet the criteria of this legislation. most advanced technology for our particularly to nations that do not meet the armed forces. I believe that there is a criteria establish a section 04, with a goal But in those cases, the Congress will of establishing a permanent multilateral re- have to agree with the President that price for freedom, and it is eternal vigi- gime to govern the transfer of conventional such a transfer bolsters United States lance. But I did not come to the U.S. Senate arms. national security needs. (b) REPORT.—The President shall submit These changes in this legislation will to make the entire world less safe in an annual report to the Congress describing focus congressional attention on the the future than it was when I arrived. This code of conduct is an enormous efforts he has undertaken to gain inter- question of what really serves our in- national acceptance of the principles incor- addition to a major public policy de- terests and will, I hope, lead to a reduc- porated in section 04, and evaluating the bate and there are human dimensions tion in the extraordinarily dangerous progress made toward establishing a multi- to these decisions. lateral regime to control the transfer of con- worldwide proliferation of conven- Every time I look into the big round ventional arms. This report shall be submit- tional weapons. eyes of my little 3-year-old grand- ted in conjunction with the submission of My amendment seeks to simply add daughter, Eileen, it is almost impos- the annual request for authorizations and one new section to this language. It in- sible not to ask, ‘‘Am I contributing to appropriations for foreign assistance pro- structs the President to expand the grams for a fiscal year. the kind of world in which I want my international efforts to curb worldwide granddaughter to live? Is the world a Mr. KERRY. Mr. President, before I arms sales and to work toward estab- safer place because of what I do in this explain my amendment I thank the dis- lishing a multilateral regime to govern body?’’ And I think about what that tinguished Senator from Oregon, Sen- the transfer of conventional weapons. world will be like when she is 13 and 23 ator HATFIELD, for his extraordinary, The amendment also requires the and 33 years old. That is not so long. long involvement in an effort to help President to report annually to the Technology moves so fast, though. educate and lead the U.S. Senate to a Congress on steps that he is taking to What kind of weapons will there be? more rational approach to this ques- gain international acceptance of the Who will have them? How will they be tion of proliferation, nuclear and con- principles incorporated in this legisla- used? Will they be used against her in ventional. When he leaves the Senate tion and on the progress he is making some way? there will be an enormous gap with re- toward establishing a permanent mul- I am sorry to say these are not just spect to that leadership and his voice, tilateral structure for controlling arms the ruminations of an overprotective always clear even with laryngitis. I shipments. grandmother. These are very real and also welcome Senator DORGAN, whose I support the goals of this legislation, very frightening questions the people history is not as long, but whose com- Mr. President. We ought to stop selling of America must ask themselves, be- mitment is equally as passionate. I arms to nations, but the fact is that it cause our country remains the biggest, look forward to working with him in is not just enough for us to set that ex- the boldest and the largest arms pur- the future. ample. The French, the Germans, Chi- veyor in the world today. Their amendment embodies a fun- nese, the Japanese, a host of other Which brings us to the question that damental shift in the way the United countries will rush in to fill the vacu- is before us: What should U.S. policy be States needs to deal with the transfer um that we leave. What we need to do regarding the sale of weapons? of conventional weapons to the rest of is create an international effort with I truly believe we need to take more the world. Like so many other aspects our leadership that will provide the un- time in deciding to whom we sell weap- of our national security today, arms derlying force for this amendment and ons, not only as a matter of conscience, sales and other military assistance to guarantee that we do reduce arms but as a matter of national security. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8785 What happens to the deterrent value point? We are today escalating an arms Mr. DORGAN. Mr. President, I yield 4 of our military strength when we ex- race between these two countries. minutes to the Senator from Illinois, port technologies and weapons systems Since the Reagan administration, Senator SIMON. that are equal to that which our own arms have been treated more as items Mr. SIMON. Mr. President, first I troops use? for international commerce than as want to thank Senator HATFIELD and For example: tools to advance our national security. Senator DORGAN for their leadership on Kuwait had the new M1–A2 main bat- I believe this is dangerous and ulti- this. tle tank before it was even delivered to mately self-defeating. I am rounding out 22 years on Capitol U.S. forces. Saudi Arabia now has these The President, any President, is con- Hill. I am a slow learner, Mr. Presi- tanks as well. fronted with strong incentives to sell dent, but I have learned two things, We have exported Patriot missiles to arms abroad, to bolster allies whose se- among others. One is, do not get too Saudi Arabia, Kuwait and the United curity is in our interest, to encourage cozy with dictators. Eighty-five per- Arab Emirates. diplomatic and economic cooperation. I cent of our weapons sent abroad are F–16 and F–15 fighter planes, almost don’t believe it is realistic to think sent to nations the State Department exactly what our Air Force is currently that in the face of these pressures, any identifies as human rights abusers. I flying, have been exported to Indo- American President alone is able to think we ought to be careful. Second, I nesia, Malaysia, Pakistan, Singapore, unilaterally change course and sub- have learned that weapons we send Egypt and Saudi Arabia. stantially limit arms sales without abroad may be used against us. Senator Turkey and South Korea, as has been strong congressional support and even FEINSTEIN mentioned Somalia. We stated, are building F–16 fighters under initiation. That is what we are consid- could be mentioning Panama, Haiti, coproduction agreements with the ering today, initiating a code of con- Iraq, and other nations. United States. In fact, there are more duct. Back—I do not know—2 or 3 years people, as Senator HATFIELD said, So it is for these reasons that I be- ago I was in Angola with Senator building these planes in Turkey than lieve the code of conduct on arms FEINGOLD and Senator REID and visited there are in the United States. transfers will help to bring some in- the Swedish Red Cross place where The upgrades of these F–16’s will not creased transparency and added consid- they were fitting artificial limbs for even be performed by the United eration to the whole arms sales proc- children and adults. I saw the huge States. They will be done by Denmark, ess. The code of conduct requires the numbers of people in Angola being Sweden and Norway. President to develop a list of countries fitted for those limbs in part because of One of the main reasons the United to which our Government may export American mines, in part because of States overwhelmed Iraq’s military in weapons systems. Their criteria, out- American mines purchased with Amer- the Gulf War was because our equip- lined by the Dorgan/Hatfield amend- ican funds. We are today, as has been ment was more technologically ad- ment, is very basic, reasonable and pointed out, the No. 1 arms merchant vanced. What will be the result the flexible. in the world. And 56 percent of the next time we go to war and our troops In instances where a country may arms sold abroad, are sold by the Unit- look across the battlefield at the same not qualify, the President has the abil- ed States. ity to ask the Congress for a national tank they are sitting in? While we are the No. 1 arms mer- U.S. weapons have already been used security waiver, or he may enact an chant, do you know where we are in against the United States overseas. emergency waiver on his own so that foreign economic assistance to other During the eighties, we sent Somalia nation may receive U.S. arms. In this countries, compared to the other West- 4,800 M–16 rifles, 84 106-millimeter re- way, the President maintains the flexi- ern European countries, Australia, New coilless rifles, 24 machine guns, 75 81- bility he needs to deter aggressors and Zealand and Japan? We are dead last. millimeter mortars and landmines. conduct foreign policy. Guess what the ‘‘technicals″ of Somali The United States continues to be One-sixth of 1 percent of our national warlord Mohammed Farah Aideed used the unquestioned leader in weapons income goes to help the poor beyond to ambush and kill 30 Americans sol- technology. However, the United our borders. Norway is above 1.2 per- diers? Our own weapons. States currently exports 52 percent of cent, and the other nations in between. Iran has deployed the American all global arms sales, making us the And when you contrast what we do Hawk anti-aircraft missiles in the leader in this dubious category as well. with weapons and what we do with eco- Straits of Hormuz, which were ex- If we continue to export advanced and nomic assistance, it is kind of interest- ported to the Shah decades ago before often sophisticated best weapons sys- ing. the revolution. tems to volatile areas, we put our own From July 11 to 18, the National Bas- Three-hundred U.S. Stinger anti-air- troops and our national security at ketball Association signed contracts craft missiles provided to Afghani risk maybe not today, but what about totaling $927 million for free agents. Do rebels are unaccounted for and are re- next year and the next decade? you know what we are doing in provid- portedly being sold on the black mar- I am not saying that the United ing development assistance for all of ket. States should export no arms, but we Africa, the poorest nation, poorest con- Although we don’t know the cause, must have a rational arms sales policy tinent today, when you except Egypt? wouldn’t it be tragically ironic if the that first and foremost protects U.S. We are spending a total of $628 million, downing of TWA Flight 800 was because national security, and second does not less than we spent in 1 week for free of a Stinger missile obtained on the gratuitously exacerbate a global arms agents for the National Basketball As- black market? race. I am very afraid that if we con- sociation. Libya and North Korea may have ac- tinue to export the numbers and kinds We need some sense of perspective. quired U.S. Stinger missiles through of weapons systems and technologies And for us to spend this amount of this very same black market. we are currently, we will be less secure money on development assistance for How will these weapons be used? How in the future, not more. poor countries, and then eagerly get stable are the regions to which U.S. It is time for the United States to every buck we can get so we can sell weapons and technology are being show a different kind of leadership, one arms, and we do not care whether they transferred? Did you know that Turkey encouraging restraint and trans- are dictators or not dictators, that just used U.S. COBRA helicopters to de- parency in the sale of arms around the does not make sense. Without this par- stroy small Kurdish villages? world. By enacting the Code of Con- ticular amendment, frankly, we are not Today, Iran is using the same F–14 duct, the United States will take an going to do anything. fighters we exported to the Shah. important step forward in a global ef- We have not turned down an arms re- Allies change and governments fall. fort to make the world a safer place for quest from another country since the What happens if the Government of all. early 1980’s when we turned down an Saudi Arabia falls into Islamic fun- The PRESIDING OFFICER. The Sen- AWAC’s request from Saudi Arabia. damentalist hands? ator’s 6 minutes have expired. This amendment would start to put What happens if tensions between Mrs. FEINSTEIN. I thank the Chair us in the right direction. Again, let me Pakistan and India reach the boiling and yield the floor. go to the bottom line. The No. 1 lesson S8786 CONGRESSIONAL RECORD — SENATE July 25, 1996 we ought to learn is, do not get too several occasions, but it has never suc- Thank you, Mr. President. cozy with dictators. And, No. 2, when ceeded in getting a resolution of dis- Mr. LEAHY. Mr. President, as a co- you sell arms abroad to dictatorships, approval enacted. This does not mean sponsor of the Congressional Review of they may be used against you. I think that Congress has not had a significant Arms Transfers Eligibility Act I sup- those two lessons are just fundamental. role. A large number of sales have been port the amendment of the chairman of I hope that we get a good vote on this modified or withheld by the executive the Appropriations Committee, Sen- amendment. I am realistic. Our friends branch following congressional con- ator HATFIELD, and the Senator from in the defense industry obviously want sultations. As ranking Democratic North Dakota, Senator DORGAN. to kill this amendment. But the merits member and former Chairman of the The world is awash in weapons, and are so overwhelming I hope we can pass Committee on Foreign Relations, I can there is not a political leader from any it. assure you that the dialog on arms of the world’s major arms sellers who The PRESIDING OFFICER. The Sen- sales with succeeding administrations has not made speeches about the evils ator’s time has expired. has been detailed and in depth and that of the arms trade. Mr. DORGAN addressed the Chair. a number of risky, threatening or de- Unfortunately, their rhetoric is not The PRESIDING OFFICER. The Sen- stabilizing transfers have been averted. matched by action. In the United ator from North Dakota. I understand and appreciate the Sen- States, the defense industry, backed by PRIVILEGE OF THE FLOOR ator from Oregon’s deep concern over the Pentagon, is using every trick in Mr. DORGAN. Mr. President, on be- continued arms races throughout the the trade to expand arms exports. The world and his desire to apply serious half of Senator INOUYE, I ask unani- competition is fierce. Our allies, the mous consent that privilege of the limits and controls through the legisla- Russians, the Chinese, and many oth- floor be granted to Roxanne Potosky, tion now under consideration. I can ers, are doing the same thing. also understand why some in this body from his staff, during the consideration One would think that our experience would prefer a system under which the of H.R. 3540, the foreign operations ap- in the Persian Gulf, where our troops positive approval of Congress would be propriations bill. came under fire by Iraqi soldiers armed The PRESIDING OFFICER. Without required for transfers and assistance to with weapons we gave to Iraq during objection, it is so ordered. a number of particular counties, as its war with Iran, or in Somalia where Mr. DORGAN. Mr. President, I yield 3 contrasted with the present emphasis our troops were killed by United minutes to the Senator from Rhode Is- on the right of disapproval. States-made weapons, would give us While I very much support the under- land, Senator PELL. pause. lying concept of this initiative, as we Mr. PELL. I thank my Senate col- The weapons we sell have repeatedly explore this and other concepts fur- league. fallen into the wrong hands. If they Mr. PELL. Mr. President, I have been ther, we will want to take care to en- have not been used against us, they deeply impressed over the years by the sure that the legislation is workable in have often been used to commit abuses real world situations in its final form. strong and unwavering commitment to against innocent people elsewhere. In For instance, certain questions are arms control shown by the senior Sen- Afghanistan today, United States and raised by the prohibition on arms ator from Oregon, Mr. HATFIELD. The Soviet weapons are being used to de- transfers and assistance to govern- Senator, who I am pleased to call a stroy what little is left of that coun- ments other than democracies. The friend, has numerous accomplishments try. Liberia is suffering the same fate. prohibition would appear to exclude in the field of arms control to which he Turkey has used our weapons against any monarchy, emirate or sheikdom. can point with pride. Kurdish civilians. Indonesia, which All of those nations in the Persian Gulf As only one example, the current faces no external threat, uses our that are scared to death of Iran and multinational moratorium on nuclear weapons to crush internal dissent. In Iraq are kingdoms, emirates or sheik- testing is essentially the result of an doms, and would thus be ineligible for Central America, our weapons were initiative he took several years ago as transfers or assistance, unless given a used to commit unspeakable atrocities. ranking member of the Committee on In the period since the end of the cold Presidential waiver and approved by Appropriations. As many of my fellow war and despite the collapse of the So- Congress. Members are aware, a major effort is We will also want to make sure that viet Union, we have exported $83 billion under way at the Conference on Disar- we do not create a situation in which worth of military equipment, an in- mament to bring to a successful close our decisions on transfers and some as- crease of 140 percent. Most of this negotiations on a comprehensive test sistance are less balanced and delib- equipment has gone to developing ban to follow the international morato- erate and more chaotic or haphazard. countries, including to undemocratic rium brought about largely through It is very important that our defense governments whose armed forces have the efforts of the Senator and others of industry and its thousands of American been among the worst abusers of like mind. workers understand that we want both human rights. U.S. arms account for I am pleased, too, that the Senator to improve the standards under which almost half of the weapons exported to from North Dakota, Mr. DORGAN, has transfers are allowed, but that we will those countries. taken such a strong interest in this remain dedicated to our national secu- The governments of many developing amendment, and I note with pleasure rity interests and to the security of our countries cannot even feed their own that we are joined by a number of co- friends and allies throughout the people, and have no discernable enemy. sponsors in support of the Arms Trans- world. Yet because of the political clout of fers Eligibility Act of 1996. I am sure that these and other con- their armed forces, scarce funds that The purpose of the amendment is to cerns can be met and strong, positive might be available for education and provide congressional review of the eli- legislation that earns solid, bipartisan health care and other social services gibility of foreign governments to be support can emerge. I would hope that are spent on weapons. considered for United States military is the case because much more needs to One would hope that the days of sell- assistance and arms transfers and to be done to put a lid on the continuing, ing arms to dictators would be over. establish clear standards for arms co- desperately costly arms competition But this amendment would not prevent operation. throughout the world. us from selling or giving arms to a dic- In effect, the major change proposed For the moment, I think it is impor- tator, or even to a government that en- in the legislation is to emphasize a re- tant that we affirm our belief that gages in gross violations of human quirement for congressional involve- democratic values, respect for human rights. ment and approval that does not now rights, avoidance of armed conflict in What this amendment would do, is exist. For 2 decades now, arms sales violation of international law, and par- define basic criteria for the transfer of have been carried out under procedures ticipation in the U.N. register of con- arms. Even if a government is not giving Congress the right to disapprove ventional arms are all reasonable democratic, violates human rights, and particular sales if they appear inadvis- standards by which we should judge fails to participate in the U.N. registry able. Interestingly enough, in those 20 whether we wish an arms relationship of conventional arms, it would still be years, the Congress has come close on with another country. eligible for U.S. military equipment July 25, 1996 CONGRESSIONAL RECORD — SENATE S8787 under this amendment, if the Congress can refuse to participate in arming re- to countries who do not share our basic agrees. pressive regimes or strengthening the ideology and respect for human rights. I suspect if we asked the American hand of those who grossly violate And the Congress should be given a people, the majority would say this human rights. We can encourage the greater role in this process. amendment does not go far enough. forces of liberty abroad—in countries I urge my colleagues to support the What could possible be wrong with friend and foe alike—by making clear Dorgan-Hatfield amendment. giving Congress a say over these deci- that the price for American arms in- Mr. McCONNELL addressed the sions? Haven’t we had enough of our cludes progress on human rights and Chair. own weapons coming back to haunt us? democratic government. The PRESIDING OFFICER. The Sen- Some have argued that this amend- The liberal transfer of arms abroad ator from Kentucky. ment would hurt the arms industry. puts our national interest at risk. Our Mr. McCONNELL. How much time Baloney. It is a well-kept secret that soldiers already have faced American remains for the opposition to this the economic burdens of arms transfers weapons in combat. More often, they amendment? is costing taxpayers billions of dollars, have faced weapons supplied freely by The PRESIDING OFFICER. Twenty including both direct and indirect other major arms exporters. Yet, as minutes. costs. By the end of this decade, more long as we are the world’s largest seller Mr. McCONNELL. Mr. President, I than half of U.S. weapons sales will be of arms, we have little leverage to will not use that. I understand Senator paid for by American taxpayers. press other exporters to curtail trans- DOMENICI is lurking and may be avail- The real issue is what is right for na- fers we oppose. able to offer his amendment. And there tional security. That is the primary Mr. President, I am under no illusion is a little more debate on the Burma criteria for arms transfers, and this that this legislation will become law. amendment. And we may well stack amendment does not alter that one bit. But for that very reason, I view this as three votes for around 6 o’clock, or Mr. President, it is long overdue for a vote not just about the specific lan- thereabouts, just to give an overview of Congress to exercise some meaningful guage and procedures in this amend- where we are. review of decisions to sell arms to gov- ment but about the overall direction of Let me say, Mr. President, with re- ernments that do not meet the most el- America’s arms export policy. I believe gard to the Dorgan amendment, the ementary standards of conduct. That is that policy, on the whole, is headed in Clinton administration is strongly op- all this amendment does. It should the wrong direction. For that reason, I posed to the amendment on the have been the law a long time ago. Mrs. KASSEBAUM. Mr. President, am voting for a change. grounds that human rights and democ- today I will cast my vote in favor of THE DORGAN-HATFIELD CODE OF CONDUCT racy are relevant criteria but not the the Hatfield amendment to prevent AMENDMENT only criteria about which arms sales U.S. arms exports to countries that are Mr. JEFFORDS. Mr. President, I rise should be evaluated. Regional security undemocratic or that violate human in support of the amendment offered by and stability may be overriding consid- rights—unless, of course, our national my colleagues the Senator from South erations in making a decision to pro- security interests override those con- Dakota, Mr. DORGAN, and the senior ceed with a transaction. Arms trans- cerns. Senator from Oregon, Mr. HATFIELD. fers serve key foreign policy concerns I am well aware of this legislation’s This amendment would significantly and no single issue can be the only or shortcomings, and I do not cast this reform the criteria by which U.S. arms primary consideration. vote lightly. But today I dissent from sales are evaluated and enhance the Let me give you an example, Mr. those who would continue to expand roll of Congress in the process. President. The amendment could well America’s arms exports. Under the Arms Export Control Act, cut off the transfer of arms to key al- We cannot stand by indefinitely as arms sales are reviewed for their com- lies in the Middle East, for example, or the current international arms bazaar pliance with several criteria, including in central Europe. And so the question continues to grow. And we must in whether a foreign government respects arises, is this really in our best inter- honesty acknowledge that America’s human rights and avoids acts of inter- est to make this kind of certification arms export policy has substantially national aggression. Under this amend- process a precondition for the transfer contributed to the problem. Fully half ment, consideration would also be of arms to key allies? of all international weapons transfers given to whether a government adheres So, Mr. President, I hope that the in 1994 came from the United States. A to democratic principles and whether it amendment will not be approved. Rare- year later, in 1995, we more than dou- participates in the United Nations Reg- ly do I find myself speaking on behalf bled the number of major conventional ister of Conventional Arms. And under of the Clinton administration, but my weapons that we sent abroad. this amendment, Congress would re- suspicion is that any administration Arms transfers can serve important view and pass judgement on any sale would be opposed to this, that it would American interests and, indeed, the that the Administration has approved not be in our Nation’s best interests. majority of our shipments go to our to a nation that did not meet these re- I hope that the amendment will not NATO allies or to our major strategic quirements. be agreed to. allies in other regions of the world. While Congress technically has the Mr. President, I am prepared to yield These important transfers that serve option to disapprove of any sale that back the balance of my time, if I can our national interests would withstand does not meet the criteria of the Arms locate Senator DOMENICI. Mr. Presi- closer scrutiny by Congress. Export Control Act, in fact, it rarely dent, I suggest the absence of a But too often we have seen arms we exercises that right, and little atten- quorum. transferred abroad used to repress de- tion was paid to many controversial The PRESIDING OFFICER. The mocracy and human rights rather than sales. At no time was a comprehensive clerk will call the roll. to support freedom. As chairman of the review of pending arms sales actively The legislative clerk proceeded to Africa Subcommittee, I have seen teen- examined and approved by Congress. call the roll. agers in Liberia and Angola who have This process is no longer acceptable, Mr. MCCONNELL. Mr. President, I learned to shoot before learning to and the changes that this amendment ask unanimous consent that the order read. I have seen countries whose mea- would bring to this process are wel- for the quorum call be rescinded. ger coffers have been drained to pur- come. The PRESIDING OFFICER. Without chase weapons of war while their peo- Yes, the Cold War is over, but we all objection, it is so ordered. ple suffer an unconscionable standard realize that in many respects, the Mr. DORGAN. Mr. President, is the of living. Perhaps during the cold war, world does not seem like a safer place, Senator from Kentucky yielding back when we were locked in a global strug- in part because American arms are his time? If so, I will take the remain- gle with communism, considerations helping to fuel conflicts around the der of my time. such as these were necessarily second- world that we then must try to resolve. Mr. MCCONNELL. I yield back the ary. But no more. An obvious way to reduce the fre- balance of my time. We cannot be responsible for the mis- quency of this happening is to more Mr. DORGAN. Mr. President, I have 3 conduct of other governments. But we closely scrutinize the sales being made minutes remaining, is that correct? S8788 CONGRESSIONAL RECORD — SENATE July 25, 1996 The PRESIDING OFFICER. The Sen- when it is in our interest, when it is in (B) identifying 25 individuals not named ator is correct. the world’s interest. If we can provide under paragraph (1) who have been indicted Mr. DORGAN. Mr. President, I sus- leadership and the Europeans can pro- for such offenses and who there is reason to pect most administrations oppose this believe reside in Mexico. vide leadership to develop a code of (2) The President shall promptly transmit kind of proposal because it does not conduct on when arms should be trans- to the Government of Mexico a copy of the allow them complete and unrestrained ferred, this will be a safer world—yes, report submitted under paragraph (1). freedom to do whatever they want for the children that Senator FEIN- (b) PROHIBITION.— wherever they want in the world. STEIN talked about, for my children, (1) IN GENERAL.—None of the funds appro- However, this proposal has an enor- your children and all children. priated under the heading ‘‘International mous amount of common sense. We are To keep doing what we are doing Military Education and Training’’ may be not proposing something that would re- makes no good sense at all for anyone made available for any program, project, or activity for Mexico. strict critically needed arms transfers in this world. It provides a more unsta- (2) EXCEPTION.—Paragraph (1) shall not to our allies in the Middle East, for ex- ble and a more unsafe world. This apply if, not later than 6 months after the ample. We specifically have a provision amendment, if adopted, would provide date of enactment of this Act, the President in this amendment that resolves that for a safer, more stable world. I hope certifies to Congress that— issue. That cannot be argued. the Senate, when it votes this evening, (A) the Government of Mexico has extra- I say this: With respect to arms will finally, after some two long dec- dited to the United States the individuals transfers that have occurred in other ades of having this discussed, take the named pursuant to subsection (a)(1); or parts of the world over all of these first step to say this is the right direc- (B) the Government of Mexico has appre- years, this country ought to start to hended and begun prosecution of the individ- tion, this is a step toward a safer uals named pursuant to subsection (a)(1). rethink these issues. We sold Iraq clus- world, this is a step toward American (c) WAIVER.—Subsection (b) shall not apply ter bombs for its war against Iran, and leadership to do what is right. if the President of Mexico certifies to the only because of our superior air power I yield the floor and I yield back the President of the United States that— did American troops not face those balance of my time. I ask for the yeas (1) the Government of Mexico made inten- same American-made cluster bombs in and nays on our amendment. sive, good faith efforts to apprehend the indi- the Middle East. The PRESIDING OFFICER. Is there a viduals named pursuant to subsection (a)(1) We sold Somalia 4,800 M–16 rifles, sufficient second? but did not find one or more of the individ- uals within Mexico; and 8,400 6-millimeter recoilless rifles; 24 There is a sufficient second. (2) the Government of Mexico has appre- machine guns, 75 81-millimeter mor- The yeas and nays were ordered. hended and extradited or apprehended and tars, landmines. Guess what happened? Mr. McCONNELL. I ask unanimous prosecuted 3 individuals named pursuant to Mr. Aideed would use them to kill 23 consent the Dorgan amendment be subsection (a)(2) for each individual not American soldiers. temporarily laid aside to take up an found under paragraph (1). This has really gone on long enough. amendment of Senator DOMENICI and Mr. DOMENICI. Mr. President, this There ought to be some basic standard Senator D’AMATO. amendment is an amendment that is by which we measure whether it is in The PRESIDING OFFICER. Without urging Mexico, is pleading with Mex- our country’s interest to continue ship- objection, it is so ordered. ico, to cooperate to bring to justice the ping arms to every single dictator in The Senator from New Mexico. 10 most wanted, previously indicted the world, to country after country, AMENDMENT NO. 5047 drug lords living in Mexico. dictator after dictator, without regard (Purpose: To restrict the availability of Now, Mr. President, anyone in the to how those countries behave or with- funds under the Act for Mexico until drug Senate who has read the record over out regard to whether American men kingpins are extradited or prosecuted) the past 10 years of what the Senator and women wearing our uniforms may Mr. DOMENICI. Mr. President, I send from New Mexico has said and done face those same weapons made by an amendment to the desk in behalf of with reference to Mexico would know American workers again at some point myself, and Senators D’AMATO, that I have been a staunch advocate of in the future. HUTCHISON, FEINSTEIN, MURKOWSKI, those policies in Mexico which are cal- We are not proposing anything radi- SHELBY, HELMS, HATCH, GRAMM of culated to create a better standard of cal. We are proposing something that Texas, BINGAMAN, KEMPTHORNE, and living for the Mexican people and to in- says arms transfers ought to be made FAIRCLOTH, and I ask for its immediate crease their economic prosperity. in circumstances where they are pro- consideration. I have from time to time even moting democracy, where they are re- The PRESIDING OFFICER. The bragged too about the quality of the specting human rights, not killing in- clerk will report. Mexican leadership, as it looks in hind- nocent people, where they are observ- The legislative clerk read as follows: sight. I do not regret that one bit. ing international borders, not attack- The Senator from New Mexico [Mr. DOMEN- Frankly, my State is one of those ing their neighbors, and where they ICI], for himself, Mr. D’AMATO, Mrs. States that borders on Mexico, and we participate in the U.N. conventional HUTCHISON, Mrs. FEINSTEIN, Mr. MURKOWSKI, know better than the rest of America Mr. SHELBY, Mr. HELMS, Mr. HATCH, Mr. arms registry. That makes a lot of GRAMM, Mr. BINGAMAN, Mr. KEMPTHORNE, that unless and until Mexico prospers common sense. and Mr. FAIRCLOTH proposes an amendment and their standard of living for their It is especially now time for this numbered 5047. average people goes up, the problem of country to lead. It is time for America Mr. DOMENICI. Mr. President, I ask illegal activities on the border can to provide leadership on this issue. unanimous consent reading of the never be controlled. Frankly, this chart is appalling. This amendment be dispensed with. What I do today is not a very major country, the symbol of freedom, the The PRESIDING OFFICER. Without monetary measure. There is no great torch of liberty for the world, ought objection, it is so ordered. big money denial. The economic pack- not be the world’s arms merchant. No The amendment is as follows: age that is in place is not taken into one ought to be able to point to a chart On page 198, between lines 17 and 18, insert account. We do not assault it and re- and say the United States of America the following new section: move pieces of it, we just take a tiny provides 52 percent of all the arms PROSECUTION OF MAJOR DRUG TRAFFICKERS program worth $1 million in foreign aid transfers in the world. And a substan- RESIDING IN MEXICO for military education and training. tial majority go to countries in which SEC. ll. (a) REPORT.—(1) Not later than 30 The amendment provides that it shall the State Department says those coun- days after the date of enactment of this Act, not be delivered to the Mexican Gov- tries are countries with authoritarian the Administrator of the Drug Enforcement ernment unless and until they cooper- governments who are abusing human Administration shall submit a report to the ate with us to do some things. rights of people in their own countries. President— Let me talk for just a little bit with I do not ever want to be able to point (A) identifying the 10 individuals who are the Senate and with the people who are indicted in the United States for unlawful to a chart like this in the future. I trafficking or production of controlled sub- observing this, and yes, I might say to want foreign arm sales and military stances most sought by United States law the leaders of the Republic of Mexico, sales and arms transfers to be made enforcement officials and who there is rea- we have some very distinguished Sen- when it represents good common sense, son to believe reside in Mexico; and ators who are very pro-Mexico who are July 25, 1996 CONGRESSIONAL RECORD — SENATE S8789 on this amendment. You will note a executive branch of our Government, run by Benjamin and Ramon Arellano couple are from the State of Texas, my speak to us and ask us for it. Felix. immediate neighbor. You will note one Obtaining indictments is a dangerous On another occasion, Mexican offi- is from California, another major bor- business when you are dealing with cials had been advised that a jet carry- der State. drug lords and drug kingpins. In fact, ing 20 tons of cocaine was going to land I will start by asking a couple of last year, 140 Border Patrol agents on an airstrip known to be used by the questions: Do you know how much were assaulted while apprehending ille- drug dealers. The Mexicans knew about good law enforcement work and tax- gal alien drug smugglers. So you ask, it ahead of time. In addition, the plane payers’ money it takes to get an in- why don’t we do more on the border by was unable to lift off again after land- dictment of a major drug trafficker or way of patrols? Why don’t we put more ing. But believe it or not, even after drug kingpin? An indictment is a grand people there? I will tell you pretty soon landing and being unable to take off, jury’s written accusation issued after that we have done pretty well at put- the cocaine was never intercepted. it has heard significant evidence. The ting in more. But 140 of these agents Caro Quintero, who heads up the car- next step in the judicial process is sup- were assaulted while apprehending ille- tel at Guadalajara and is one of the top posed to be a trial. Getting an indict- gal alien drug smugglers. All of this ten most wanted, openly admitted on a ment is the sum of surveillance, inter- money has been spent in efforts needed Mexican radio program that Mexican diction of evidence, usually massive to culminate in bringing these drug authorities ‘‘don’t find me because quantities of drugs, wiretaps, untan- dealers to trial. they don’t want to. I go to banks, I gling the money-laundering networks. All of this is necessary if we are ever drive along the highways, I pass It is not uncommon for a border agent going to stop the drug trade. Only after through military and Federal police or two to lose their lives in a case Senator D’AMATO held hearings on this check points, and it doesn’t matter where an indictment is sought and ob- issue in the Banking Committee in that they know me. Everybody knows tained. March did Mexico finally extradite its me, and nothing happens,’’ says this According to the Department of Jus- first national—actually he had dual kingmaker. tice, there currently are 99 outstanding citizenship—to the United States. Mr. President, I offer this amend- U.S. extradition requests for 110 crimi- Since then, drugs have continued to in- ment concerning Mexico, which I, un- nals known or believed to be in Mexico vade our border, causing crime and de- fortunately, believe should be added to who have been indicted in the United spair. The ‘‘unextraditables,’’ as the this bill. I say ‘‘unfortunately’’ because States— 107 Mexican nationals have drug lords call themselves, live com- it is not often that I come to the floor been indicted under our Federal drug fortably. This is unacceptable. The sit- of the U.S. Senate to criticize our kingpin statute, which is a very large uation at the border is getting worse. neighbor from the south. Mexico has, number, at a very large expense, and a Drug seizures used to be measured in in recent years, made tremendous very major risk of life. ounces and pounds. Now they are meas- progress on a number of issues concern- This has not occurred because any- ured in tons. ing its relationship with the United body is picking on Mexico. This has oc- Several years ago, the smugglers cut States. I believe we are still quite ap- curred because we know in the United the ranchers’ fences and caused mis- propriately called their best friends. Northern Mexico is becoming, how- States that the enormous growth in chief at night. For anyone who has ever, a land of laundered drug money, drug trafficking through Mexico, which seen our border, it is a couple of riddled with corruption and violence. I I will delineate with more specificity strands of barbed wire that border be- have been a longtime friend, and I shortly, is having an enormous nega- tween Mexico and America. In many don’t cavalierly say these things. It tive affect on Americans, and that un- places, it is two single strands of bothers me greatly. It is a country less we take some of those kingpins, barbed wire. There is Mexico on one with a young and vibrant population some of those multimillionaires, who side and America on the other. Here is and has the potential for a real future. have huge cartels that are growing as a rancher from Mexico on this side and But drug-driven cartels are threatening fast as the cartels did in Colombia a a rancher on this side. the very sovereignty of Mexico. decade ago, and we put some of those Now, instead of just cutting fences For many Mexican residents, the people in jail—whether it is Mexican and doing mischief at night, heavily map of northern Mexico is determined jails or American jails—then at least armed Mexican drug gangs terrorize by the frequently changing territories one-half of the equation of trying to the ranchers in broad daylight. Some controlled by drug-trafficking organi- get drug trafficking under control is of the ranchers have sold their ranches, zations. There is one area where I be- going untended. We are leaving a huge according to information we have, to lieve there has not been enough portion of it unattended and doing the gangs or to their front men. progress, and that involves Mexico’s nothing about it. Several years ago, an El Paso cus- failure to capture, prosecute, or extra- Now, many of these requests, Mr. toms inspector was killed by a drug dite to the United States known major President, are for violent individuals smuggler who was running the border. drug traffickers under indictment in involved in the drug trade. They in- More recently, a 12-year-old girl was the United States. clude the top leaders of four major injured when a drug smuggler was try- This amendment—I read off the spon- Mexican cartels. In the U.S., we get in- ing to run through the border crossing sors—would at least send a signal that dictments, but the indictments are not at one of the crossings in El Paso, TX. this concerns us greatly, not that we worth the paper they are written on be- These smugglers now have 18-wheelers are trying to tell Mexico what to do, cause the Mexicans won’t try these and 727 jet airplanes. They own them, but essentially that we are worried. We people in their own courts, and they travel around in them, in defiance of hope the leaders of Mexico are worried. will not honor our extradition re- everyone. We see what has happened to other quests. Just yesterday, in the Washington countries, and it is going to happen to Now, Mr. President, I know that Post, Ricardo Cordero Ontiveros, who Mexico. Mexican officials will say they are try- quit the Mexican attorney general’s of- All this amendment does is prohibit ing, and they will say we must be un- fice, charged that corruption and inac- the release of a small amount of money derstanding, and that they are having tion at the border had prevented key which was going to be appropriated difficult times. Well, let me suggest drug-related arrests. He cited two ex- under this bill. It says it will not be re- that this Senator understands that. amples: an intentionally unacted upon leased until they either turn over to What I am trying to do with this case. Even though there was a reliable the U.S. for us to prosecute, or until amendment is to let the Senate go on tip, no action was taken, and they Mexico apprehends and prosecutes the record saying to Mexico: Do something could have captured Ismael Higuera 10 most-wanted of the already U.S.-in- about it. Your friend from the north, Guerreo, when he was in the commu- dicted drug kingpins living in Mexico. the United States, wants to be helpful. nity of Los Cabos in Mexico. It was This drug trade is $100 billion a year as If you need more help in terms of ap- clear that he could have been arrested. a business operation in Mexico. prehending these criminals and trying He went unattended. He is the right- The State Department estimates them, if you need more help from the hand man of the Tijuana drug cartel that Mexico supplies 20 to 30 percent of S8790 CONGRESSIONAL RECORD — SENATE July 25, 1996 the heroin, 80 percent of the marijuana, the border so they will have a habitat, proven deadly in Mexico and I fear that and 70 percent of the cocaine coming a place of refuge, in America on an if these drug lords are not brought to into the United States. One drug dealer American ranch on the American side justice, the violence may spill over reportedly makes $200 million a week of the border. It is already tough to get into the United States. from sales to the United States to our rid of them and apprehend them and to In Juarez, one young drug smuggler children across this land. In my State arrest them. What if they own the was found shot in the head 23 times— of New Mexico, use of drugs by teen- place? the victim of a violent attack carried agers is skyrocketing because the two I have asked that a serious investiga- out on the orders of one of the drug interstates transverse our State, and tion of that take place. I for one recog- lords. they are used as a communication link nize property rights. But it would not A recent Los Angeles Times story re- to take the cocaine and other serious take much for me to be in favor of a ported how wealthy Mexican drug drugs from their border habitats across statute that would take that land away smugglers have intimidated ranchers this land. from them. If we can find any relation- and infiltrated police and sheriff’s de- These cartels are like multinational ship to drug money, we ought to con- partments, drug task forces and even companies with sophisticated oper- fiscate those ranches under our forfeit- the court system on both sides of the ations that rival any of the Fortune ure statutes. Those ranchers may have west Texas/Mexico border. 500. They have advanced networks of been paid. I do not know. It seems like These last reports are particularly drug distribution channels. One drug some have been scared to death. But I troubling to me, because my home baron is called ‘‘The Lord of the Skies’’ believe they have been paid. state lies just to the west of Texas and because he has a fleet of 747’s at his Mr. D’AMATO. With drug money? because citizens in New Mexico are be- disposal. He is headquartered in Mr. DOMENICI. With drug money. ginning to see many of the same prob- Juarez, not far from my state. What else? They are there with that lems faced by their Texas neighbors. Mr. D’AMATO. Will the Senator money all night long. Without an effective drug control and yield? Mr. D’AMATO. In some cases they interdiction strategy involving help Mr. DOMENICI. I am pleased to have paid many times the value. from the Mexican government, the 175 yield. Mr. DOMENICI. We understand that miles of shared Mexico/New Mexico Mr. D’AMATO. Does the Senator there are, at least anecdotally, a cou- border can, and does serve as a huge really believe that the number of out- ple of stories around that they were segment of the pipeline through which standing requests, 99 criminals, have paid much more than the value of the illegal drugs flow into the United been identified and indicted? land. I do not see why they would not. States. Mr. DOMENICI. The Senator is cor- That land is cheap. These ranchers are According to the DEA, in the past 2 rect. in big trouble. As you know, we have years, law enforcement officials seized Mr. D’AMATO. Some of these go had a drought. The price of grain is over 60,000 pounds of marijuana, 3,000 back 3 and 4 years with these extra- very high. The cattle are at the lowest pounds of cocaine and 51 pounds of her- ditions? price in many decades. So they are oin at the major points of entry from Mr. DOMENICI. They are longstand- hurting financially. You put these drug Mexico into New Mexico. ing. smugglers and their threats on top of These numbers pale in comparison to Mr. D’AMATO. Is it not true that that financial burden to make these the quantities of drugs which actually there has only been one Mexican-na- ranchers really hurt and you do not make it into the United States: law en- tional who has been extradited to this have much life on that border. forcement officials estimate that we country out of all of those requested? In addition, in a city like Albuquer- stop only around 10 percent of the Mr. DOMENICI. That is correct. That que, which is on the main highway, an drugs that smugglers bring to our bor- happened after the hearings were held. interstate to go east out of El Paso, ders. Mr. D’AMATO. That person was a TX, and Juarez, we are just literally One drug baron offered the police child molester. It was right to send feeling the pressure in many of our chief of Tijuana $100,000 per month to him here. But none of the others who neighborhoods where gangs now all ‘‘turn a blind eye’’ to drug trafficking have been indicted for murder or drug have drugs; where cocaine is every- in that city. When the chief refused dealing—have any of them at all been where. That is just the spillover in and instead got tough with these drug extradited? transit across America to probably get dealers, he was brutally murdered on a Mr. DOMENICI. To our knowledge, it up to New York where they can sell highway in Tijuana. statements that I made here would in- a lot more of it. In 1993, Catholic Cardinal Juan Jesus dicate that they have not—except for Mr. D’AMATO. Seventy percent of Posadas-Campos was gunned down at Juan Garcia Abrega who had duel citi- the cocaine in the streets of America the Guadalajara airport. Many believe zenship. I know of the Senator’s genu- come right through the passageway that his murder was an accident, relat- ine interest. I praise him for actually from Mexico that the Senator has de- ed to a feud between violent drug starting this. The Senator from New scribed. groups. The Cardinal however was an York started this in a hearing that had Mr. DOMENICI. Mr. President, in outspoken critic of the cartels, and to do with the certification of Mexico a 1993, GAO reported that Mexico had be- some believe that his murder may not ‘‘fully cooperating’’ with the drug ef- come the primary transit country for have been an accident. fort. They were certified by our U.S. steering Colombian cocaine into the Congress has continuously funneled Department of State. We did not suc- United States. resources to the Southwest Border in ceed in not getting them decertified. These cartels are like multinational an attempt to control drug smuggling, That was not the case. I am not here companies, with tremendously sophis- but without Mexico’s cooperation, the trying to do that. But I think it is ticated operations that rival those of United States cannot possibly control quite appropriate that the Senator any of the Fortune 500. They have ad- the flow of drugs into the country. from New York is on the floor as this vanced networks of drug distribution Patrolling the border costs taxpayers amendment is offered, because he has channels. a lot of money. Funding for the Border had great concern about this issue. One drug baron is called the Lord of Patrol has increased by $183 million or I want to suggest to him and to those the Skies because he has a fleet of 747’s 42 percent in the last three years. Con- who are listening that as a border at his disposal. He is headquartered in gress has increased Border Patrol staff- State of New Mexico next door to Juarez, not far from my State. ing to add at least 700 new agents each Texas we are becoming the victims of Some estimate that the Mexican car- year for the past 3 years and we now this drug wave from Mexico in ways tels budget close to a half a billion dol- have 5,253 border patrol agents in the you cannot believe. I told you that our lars per year to pay bribes to corrupt field; 328 of those agents are on board border is the barbed wire fence. There officials, including officials in the in New Mexico. is evidence that, in the State of Texas, United States. Despite this stepped-up law enforce- the kingpins or their followers with The wealth, combined with the vio- ment presence at the border, the their money are buying the ranches on lence inherent in the drug trade, has amount of drugs entering this country July 25, 1996 CONGRESSIONAL RECORD — SENATE S8791 from Mexico continues to grow. As we bit to hang this on and let it be a sig- cause we are talking about friends—of all know, more drugs lead to more nal, a message, to our friends. Let us one country recognizing the sov- crime. try to put some of these people in jail. ereignty of another country and rec- A group which I helped establish, My last admonition, before the Mexi- ognizing our responsibility as good called New Mexico First, recently pub- can officials react and say we should neighbors and being there. This Con- lished a report on crime in New Mex- not be doing this, I hope they under- gress of the United States was there, ico. The report notes that the ‘‘com- stand that Americans are very worried the President was there, Republicans mon and recurring characteristic—of about the increase in drug use in this and Democrats were there in Mexico’s those committing crime in New Mex- country. They are looking around. time of need. I myself had great res- ico—is substance abuse.’’ They are going to be easily convinced ervations, but my colleague said, no, it When President Zedillo was elected that we should do everything we can on is important that we give to the Mexi- in 1994, he stated that drug trafficking these borders in apprehension and trial can Government and more importantly was the single greatest threat to his of these kinds of people and we want to the people an opportunity to be able nation’s security. These statistics dem- Mexico to know that you cannot let to pay their debts, to meet their obli- onstrate that Mexican drug trafficking yourself be corrupted by it because it is gation, to work their way out. There also is a threat to our security. going to destroy your country. We are they were. There was Senator DOMEN- Mr. President, my amendment will really not here as gringoes from the ICI, a supportive friend and ally. restrict a small amount of United north trying to tell you what to do. We But there comes a point in time when States aid to Mexico until the Presi- are really trying to be helpful, and I you have to say, how is it that you can dent certifies that Mexico has either hope it is taken in that context. protect drug smugglers, criminals, peo- extradited or prosecuted themselves, In any event, I hope we start seeing ple involved in killings, in murders, in the DEA’s 10 most wanted Mexican some trials or returns to America for the distribution of billions of dollars drug kingpins. trial of some of these already known worth of cocaine and crack that is cre- The amount of aid to Mexico is not criminals who have been indicted. ating havoc in the streets of America? the issue here. What is at issue is I yield the floor. How can you as an ally protect these whether Mexico will cooperate more Mr. BOND addressed the Chair. people? completely with our attempts to cap- The PRESIDING OFFICER. The Sen- Mr. President, we have 99 warrants ture and imprison these drug barons. ator from Missouri. outstanding and 110 people identified I wish my colleagues would invite Mr. BOND. Mr. President, I do not over a period of 4 years, since 1992, and them to the border to better under- want to interrupt the debate on this only one Mexican national has been ex- stand the situation. The drug cartels very important amendment. tradited. There are some who we could are well equipped. They have out In fact, I ask unanimous consent that go into detail about who prance planned, out manned, and outgunned I be added as a cosponsor to the amend- around, who live openly without fear of the U.S. Border Patrol, Customs Serv- ment by the Senator from New Mexico. apprehension because the police and ice and DEA. The PRESIDING OFFICER. Without the Mexican Government in control of The Clinton administration claims objection, it is so ordered. the various provinces, indeed, are part that one of its new drug policies is to Mr. D’AMATO addressed the Chair. and parcel of the cartel—only one at- attack drugs at their source. The PRESIDING OFFICER. The Sen- tempt to extradite, only one attempt. While this is not a new idea, I would ator from New York. And when they do go through some of suggest that the best way to attack the Mr. D’AMATO. Mr. President, let me the process, it is rigged. No successful source of drugs in the United States is first say that I think it is obvious over extradition of a Mexican national ex- to go after the major suppliers in the the years that the senior Senator from cept one, when they heard of a hearing country which sends us the vast major- New Mexico has demonstrated repeat- of the Banking Committee in March of ity of our illegal narcotics. edly that he is one of the most discern- this year. We say wonderful for that There is no greater threat to our bor- ing, knowledgeable, and thoughtful of one. That was a child abuser. ders and our population than the all of our Members on both sides, and Talking about abuse of children, threat that drugs will continue to flow as the record indicates—not the rhet- what is creating more havoc with our unimpeded into our country from Mex- oric of Senator DOMENICI; the record— young people than the menace of drugs ico. This amendment goes right to the there has been no greater friend to the entrapping people? top of these drug cartels and calls upon people of Mexico, no greater friend. As The State Department by its own re- Mexico to get tough. a matter of fact, I attempted to get his port says—this is not Senator DOMENICI I hope that my colleagues on both support on some legislation that I have or Senator D’AMATO. This is the U.S. sides of the aisle, particularly those proposed that would take tough action Department of State, Bureau for Inter- from border states, will join with me in for the inaction of the Mexican au- national Narcotics and Law Enforce- support of this amendment. thorities in a number of cases, and the ment Affairs, International Narcotics I want to say, so that anybody listen- Senator felt it went too far, it was too Control Strategy Report, March 1996. ing who might think that we are not harsh, that, indeed, these are our al- Senator DOMENICI referred to part of doing our part, that the U.S. Govern- lies, these are our friends, these are our that—page 140: ment has indicted these criminals. neighbors, the Mexican people in par- No country in the world possesses a more That is not easy. That is costly. We put ticular. immediate narcotics threat to the United our best people on it. They take risks, There is no one who has greater em- States than Mexico. and they get hurt. pathy for the plight of those Mexicans I am not going to read the rest, be- We have dramatically increased our who are attempting to earn a living, cause then it goes into detail and talks Border Patrol. This year, we will in- and he has been supportive in terms of about the tons and tons of drugs and crease it still more. But until some of making moneys and resources avail- we cannot get one of these Mexican them know they are going to jail and able to help the Mexican economy. So traffickers extradited. We have in- their property confiscated, it is a los- I think it means that there is a point dicted them—killers, murderers. ing battle. We cannot put up a fence at which even the strongest of friends, Let me give you the testimony of a between our two countries. It has never the greatest of supporters must say to border agent just this March, testi- been there. It will never work. But we their friends and to their allies, ‘‘You mony of a brave person, because there surely can together cooperate in a new are not doing enough,’’ and that is are some people who did not want him kind of fence—a fence of cooperation in what Senator DOMENICI’s amendment to testify before our committee. Sen- terms of getting rid of the criminals. says. ator FEINSTEIN and I had a hearing on This will not do much. Mexico can It does not act in a manner in which proposals that would, yes, impact on say, who cares about that little million it could in terms of being much more Mexico because we do not think our dollars? I did not put $50 million in or punitive, but it sends a signal—and it friend and ally is doing nearly enough. $20 million of the aid going to them. I is an important signal, and it is about It is really giving aid and comfort to just said, let us give ourselves a little time that we say it to our friends, be- killers, to terrorists, to people who are S8792 CONGRESSIONAL RECORD — SENATE July 25, 1996 terrorizing our communities, to the nities where they are afraid to go out, should serve as a harbinger of things drug lords. to take a walk in the park, to go to we are prepared to do with our friend This is the testimony of T.V. Bonner. church in the morning, to use mass and ally, unless they begin to treat us He is the National President of the transportation in off-peak hours be- as friends; unless they begin to respect Border Patrol Council, those people cause they may become a victim. And us and our rights and the rights of our who are out there, the agents out so much of it, 70 percent of it the FBI citizens and our youngsters who are there. Let me just read to you this lit- Director estimates, is powered by ille- being victimized every day as a result tle part of his testimony because this gal drugs: 50 percent of the violent of their failure to even enforce basic, is real. This is what is going on. T.V. crime. And here our ally is giving aid fundamental law. Bonner says: and comfort to drug dealers and kill- I yield the floor. On January 19, 1996, Border Patrol Agent ers. Mr. MURKOWSKI. Mr. President, I Jefferson Barr was shot and killed while We could go into example after exam- rise to support Senator DOMENICI’s intercepting a group of drug smugglers in ple. Because I think it is so poignant, amendment. This amendment would re- Eagle Pass, Texas. One of his assailants was although Senator DOMENICI referred to strict all International Military Edu- wounded in the exchange of gunfire. The in- it I am going to take the liberty of re- cation and Training [IMET] funds to dividual fled to Mexico where he was cap- ferring to it again, that is the article Mexico until the Mexican Government tured. that appeared yesterday—yesterday. extradites the leading drug trafficking They captured him. How prophetic. figures hiding there. The FBI interviewed the suspect in a hos- This amendment, by the way, was It is clear that there is a flood cross- pital in Mexico, and the United States subse- prepared long before this article, long ing our borders that threatens the very quently charged him with murder and sought before this article. How prophetic that health and lives of all Americans—a his extradition. The Government of Mexico it appeared in the Washington Post has refused to extradite the accused. Even flood of drugs, crime, and money laun- though the United States has an extradition yesterday. Let me just read part of it. dering. The source of that flood is Mex- treaty with Mexico . . ., not a single Mexi- Listen to these words: ico. can national has been extradited to date, de- It’s a joke for the people of Mexico and for At a joint Finance Committee and spite numerous requests. the people of the United States who think Senate International Narcotics hearing Mexico is fighting drugs. That is not totally accurate because Senator GRASSLEY held earlier this when Senator FEINSTEIN and I had a Do you know who makes that state- week, I brought the deteriorating situ- hearing before the Banking Commit- ment? The former agent in charge, Ri- ation in Mexico to the attention of tee, the same day or the day before, cardo Cordero Ontiveros. He was the Secretary of the Treasury Robert they announced: ‘‘We are going to ex- former head of the National Institute Rubin. At that hearing I raised the tradite someone,’’ an unnamed person. for Drug Combat branch in the border issue of Mexican cooperation in appre- They would not even tell us who it was. city of Tijuana. hending and extraditing drug traffick- Do you know what he said, the We said, ‘‘Who is it?’’ ‘‘We don’t know, ers wanted in the United States. I also former head, because, you see, he but we are going to extradite some- questioned whether Mexico is really would not succumb to the payments one.’’ making any effort to enforce its own Now, what does it take to get the that they offered him, he refused to laws on official government corruption Mexican Government—and this is the turn his head another way? This article or if it is just spinning its wheels in Mexican Government. This individual goes on to report that at one point he endless prosecutions that never result who shot and killed a U.S. border agent was told by his superiors: Why don’t in convictions. I am expecting answers was arrested and yet we have not been you keep quiet. Do you know how to the questions and more in the com- able to get him extradited. How out- many people want this job? Somebody ing week as we hold another hearing on rageous. is willing to pay as much as $3 million this issue. I think this amendment of the Sen- for this job that you have—$3 million. The dramatic increase in drug traf- ator is so thoughtful. I believe we have Then he was told you could make ficking from Mexico is one of the un- to go further. But at some point in $100,000 a month. Just keep quiet. fortunate by-products of NAFTA trade Let me go on. He says: time we have to say we are not going liberalization and our success in get- to continue to do business as usual. We The only thing they are fighting for is to ting tough on drug smuggling in the make them disappear from the newspapers. have an obligation to provide for do- Brandishing official memos and tape re- Caribbean. Reacting to the pressure of mestic tranquility. Our country is fail- cordings that . . . proved his points, Cordero U.S. efforts such as ‘‘Operation Gate- ing miserably, Republicans and Demo- said that [the attorney general] cut him off way’’ in Puerto Rico, drug smugglers crats, for years. when he tried to present evidence. have found even greater access to the Oh, during every campaign we get He says: U.S. in Mexico. The Mexican Attorney more border agents, more this, more Lozano told me that people would pay $3 General has estimated that traffickers that: Show business. After the cam- million to have my job. . .. He was so angry accumulate $30 billion in revenues each paign—I saw it happen in the last ad- I thought he would hit me. year. Mexican traffickers or their front ministration and the administration Here is what the attorney general’s companies have also purchased numer- before that—after the election is over office says. ous ranches or Maquiladora plants in everything is forgotten, the agents do Mr. Cordero Ontiveros is obliged to prove Mexico and the United States to ferry not get the support, they do not get the the seriousness of his allegations, not just to drugs across the Rio Grande. equipment, and it just dwindles down. go to the news media. . .. The impact is undeniable. Only ten It has happened with this administra- What do you think somebody does years ago, almost no cocaine came tion. We went from 100-plus people in when the attorney general tells him to across the border from Mexico. Today, the White House working on inter- keep quiet, when the record dem- nearly 70 percent of all cocaine coming national drugs and domestic drugs onstrates clearly we cannot get proven into the United States passes through down to nothing. Election time comes, killers and murderers extradited when Mexico. Mexico also supplies between they see on the scope that this is an they actually have them in custody of 20–30 percent of the heroin consumed in important issue, that drug use is up, so the Mexican Government? Our own the U.S. and up to 80 percent of the im- they bring in a respected leader, Gen- border agents are wondering about our ported marijuana. In fact, the Drug En- eral McCaffrey, terrific and respected, commitment to this war when they see forcement Administration [DEA] esti- and I do not want to demean him and our U.S. agents being shot and killed mates that Mexico earns over $7 billion his efforts, but we should not be part- and a total failure of our Government a year from the drug trade, making il- time warriors, fighting for domestic to be able to get our friends and our al- legal drugs Mexico’s third largest ex- tranquility in our communities, to lies to cooperate and have the mur- port to the United States. keep our streets safe. derers and have the drug dealers turned The United States response to this We ought to be ashamed of ourselves over. escalating crisis has been inadequate. for allowing the plight of Americans, I compliment Senator DOMENICI for While the President talks tough on to be held captive in so many commu- his thoughtful amendment. I think it drugs and crime—backing it up in the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8793 case of Colombia—when it comes to not continue to be one where the Unit- While Zedillo administration officials Mexico he has bent over backwards to ed States gives and gives while Mexico may not be accomplices, they are sup- accommodate failure. Based on mutual takes and takes. This was not accept- posedly responsible for the investiga- declarations of cooperation at the able with Colombia and it should not tion and prosecution of these drug traf- Summit of Americas and the limited be with Mexico either. fickers and corrupt officials. success of Mexican and United States Mr. President. If Congress and the Yet each year, in exchange for empty efforts to seize large drug shipments, President are really serious about promises and well publicized anti-drug President Clinton certified to Congress keeping Mexico from ‘‘becoming Co- speeches, the U.S. administration cer- on March 1, 1996 that Mexico was ‘‘fully lombia’’ and reducing international tifies that the Mexican Government cooperating’’ with U.S. counter-narcot- crime and drug trafficking, we must has ‘‘cooperated fully’’ in the war on ics efforts. This allowed $38.5 million in take action now. I urge my colleagues drugs and continues to provide mili- bilateral aid to continue to go to the to support Senator DOMENICI’s amend- tary equipment, technical assistance, Mexican government in addition to the ment. and precious foreign aid. $20 billion of U.S. taxpayer funds pro- Mr. HELMS. Mr. President, I am Mexico is indeed our neighbor and a vided in the tesobono bail-out last pleased to join Senators DOMENICI and sort of business partner. The State De- year. D’AMATO in introducing the pending partment is obviously nervous about Our good intentions and assistance amendment. The United States has a offending Mexican Government offi- have produced few results. Mexico’s ef- stake in Mexico—as our neighbor, as a cials by pushing them to take strong forts to eliminate corruption among key trading partner, and as the recipi- measures to fight drugs and corrup- government officials and capture the ent of a $20 billion loan underwritten tion. Foggy Bottom must get over its worst drug offenders have produced by American taxpayers. Mexico’s prob- nervousness. The United States has no thunder but no rain. To date, there lems often become, in a very real way, greater national interest than to pro- have been no convictions in the hun- our problems. No problem affecting our tect the safety and security of Amer- dreds of ongoing prosecutions for cor- two nations is more critical than drug ican people, especially the most inno- ruption among officials in the Mexican trafficking because it directly effects cent—our children and grandchildren. Attorney General’s office. There has the lives of millions of Americans. It won’t help either the Mexican or been little more success within the At the same time, we must not forget American people for the U.S. Govern- Ministry of Finance or federal police. that for many, many years, the U.S. ment to make the tragic mistake of Laws which have been on the books for State Department turned a blind eye to providing unrestricted assistance to a years to end government corruption widespread drug corruption in Mexico. corrupt, morally bankrupt 67-year-old have been ignored while hundreds of In its latest International Narcotics regime. This amendment will send the cases have been thrown out of court Control Strategy Report, the U.S. message that we demand cooperation over minor technicalities. State Department admits that in 1995 with the Mexican Government—but Even more glaring is the lack of a bi- ‘‘endemic corruption continued to un- real, effective cooperation, not more lateral extradition treaty between the dermine both policy initiatives and law empty promises. United States and Mexico. As of April enforcement operations’’ in Mexico. Mrs. FEINSTEIN. Mr. President, I 15, 1996, there were 99 outstanding for- The report adds that ‘‘official Mexican am pleased to join with the distin- mal extradition requests by the United Government corruption remains deeply guished chairman of the Budget Com- States to Mexico involving 110 dif- entrenched and resistant and comprises mittee and the distinguished chairman ferent individuals. Mexico has acted on the major impediment to a successful of the Banking Committee in offering only one of these requests—that of counter-narcotics program.’’ an amendment which I think is of Juan Garcia Abrego who is being held So, Mr. President, it is no surprise great importance. without bond in Texas in advance of that Mexico is the gateway to the As my colleagues know, the problem his September trial. He faces a life sen- United States for smuggling in massive of drugs coming into our country from tence. I have asked Secretary Rubin to amounts of cocaine and heroin. Mexico Mexico has reached epidemic propor- provide detailed information on the is also a major producer of meth- tions. current status of all the United States amphetamine, one of the most dan- Seventy percent of all illegal drugs requests, especially for members of the gerous drugs available. Many corrupt entering the United States, including drug cartels that have been indicted in officials in the Mexican Government three-quarters of all the cocaine and 80 the United States and are fugitives in have long had an open door policy for percent of all foreign-grown marijuana, hiding in Mexico—Denjamin Arellano- the Mexican cartel kingpins, providing are smuggled through Mexico. Ninety Felix and his brothers Francisco, protection for a price. Mexican Presi- percent of the precursor chemicals used Ramon and Javier; Amado Carillo dent Ernesto Zedillo has made some to manufacture methamphetamine are Fuentes; and, Miguel Caro Quintero. positive gestures to combat drugs and smuggled into the United States from Enough is enough. It is time to get drug corruption, including appointing Mexico. tough with Mexico just as we did in the an Attorney General from the opposi- We need cooperation from Mexico in Caribbean. The United States must tion PAN party and supporting money many aspects of counternarcotics: from send a strong message to Mexico that laundering legislation. border control, to cracking down on there are limits to our patience. We Nor is it a surprise that violent crime money laundering, to combating cor- must continue to strengthen our part- in the United States is increasingly ruption. nership to stop the drug trade. But we linked to drugs. The Justice Depart- There has been some progress in cannot continue to flail in endless in- ment estimates that over one-third of these areas, but not nearly enough, and vestigations and prosecutions nor can violent crimes are committed by peo- much more is needed. Perhaps the most we continue to allow criminals to avoid ple in illegal drugs. basic area in which we need coopera- extradition to the United States to Regrettably, over the past 5 years, tion is in cracking down on the drug face judgment. We must ratchet up the cocaine and heroin seizures in Mexico, lords who run the smuggling rings. pressure on the government of Mexico as well as arrests of Mexican drug traf- Mexican drug lords are getting rich to clean up this tide of drugs, crime, fickers, have dropped by 50 percent. poisoning our kids, and the Mexican and official corruption or risk our Seventy percent of cocaine enters the Government must help us do some- neighbor becoming another Colombia. United States through Mexico, all too thing about it. This amendment by Senator DOMEN- often with the assistance of corrupt That means extraditions. Although ICI provides that message. It provides a Mexican police officers. Drug kingpins the United States has had an extra- targeted and flexible response to the spend an estimated $500 million annu- dition treaty with Mexico since 1978, building problems in Mexico. It also ally to buy politicians and law enforce- Mexico has never extradited a Mexican serves notice that the Mexican Govern- ment officials. There are too many national to the United States for drug ment must improve the enforcement of credible allegations that these officials charges. its laws and agreements. We must assist kingpins’ efforts to expand their Juan Garcia Abrego was not extra- make clear that our relationship can- power and conceal ill gotten gains. dited—he was deported as an American S8794 CONGRESSIONAL RECORD — SENATE July 25, 1996 citizen. And extradition orders have have been killed because of his vocal known as ‘‘cocaine alley’’ with movements been signed for one Mexican national, opposition to the drug trade. also coordinated through the Juarez Cartel Jesus Emilio Rivera Pinon, but he re- Let me move on to the Jaurez cartel: in the territory controlled by that organiza- mains in a Mexican jail. Ninety-nine Amado Carillo Fuentes is now consid- tion. Caro Quintero openly admitted on a outstanding formal extradition re- ered the wealthiest and most powerful Mexican radio program that Mexican au- thorities ‘‘don’t find me because they don’t quests have not been acted upon. drug baron in Mexico. He has a strong want to . . . I go to banks. I drive along This amendment is designed to cre- relationship with Miguel Rodriguez highways, I pass through military and fed- ate additional incentive for Mexico to Orejuela, the leader of the Colombian eral judicial police checkpoints and it move forward with the extradition of Cali cartel. Carillo is known as the doesn’t matter that they know me—every- our most wanted drug lords. If Mexico ‘‘Lord of the Skies’’ because he owns a body knows me.’’ Miguel’s brother Rafael is does not arrest them, they should at fleet of 727’s which allows him to trans- serving time in a Mexican maximum secu- least arrest and prosecute these drug port drugs from Colombia to Mexico. rity prison for his involvement in the lords themselves. His drug operations are estimated to Camarena murder, but reportedly runs the If Mexico fails to take these steps, bring in $200 million a week. cartel from jail. Miguel has been indicted in the United States will withhold fund- I ask unanimous consent that a more Denver and Tucson on drug trafficking ing for the International Military Edu- complete biography of these cartel charges. cation and Training Program with leaders be printed in the RECORD. GULF CARTEL (GARCIA ABREGO ORGANIZATION) Mexico. This is a reasonable, and not There being no objection, the mate- overreaching, point of leverage to en- rial was ordered to be printed in the Juan Garcia Abrego was the first major Mexican cartel leader expelled to the United courage the Mexicans to do what they RECORD, as follows: States for trial. In January 1996, Mexico should be doing anyway. LEADERS OF THE MAJOR MEXICAN DRUG claimed that his dual U.S./Mexican citizen- If Mexico will comply with these ex- CARTELS INDICTED IN THE UNITED STATES ship allowed them to deport him to the U.S. tradition requests, it will be an impor- TIJUANA CARTEL (ARELLANO-FELIX to face his indictment. Mexico’s government tant step toward addressing the prob- ORGANIZATION) had offered a $1 million reward for his cap- lem of Mexican drug trafficking. Benjamin Arellano-Felix and his brothers ture, and the FBI offered an additional $2 I strongly urge my colleagues to sup- Francisco, Ramon and Javier head Mexico’s million. Members of Garcia Abrego’s group port this amendment. Thank you, Mr. most violent drug family. They are respon- remain in Mexico and continue to smuggle President. I yield the floor. sible for the murder of Catholic Cardinal narcotics. The Gulf Cartel was the first to The PRESIDING OFFICER. The Sen- Juan Jesus Posadas in Guadalajara in 1993. begin accepting payment from Colombian ator from New Mexico is recognized. Some believe that the Mexican Cardinal was drug lords in cocaine rather than cash and Mr. DOMENICI. Mr. President, par- killed by accident during a violent con- they at one time were responsible for half of liamentary inquiry. If we are finished, frontation between rival drug dealers, but the cocaine entering the United States from others believe he may have been killed be- Mexico. The Gulf Cartel also shipped bulk do we then proceed to a vote? What is cause of his vocal opposition to the drug the situation, I ask the manager of the amounts of cash across the U.S. border and trade. The Arellanos also are responsible for during a four-year period (1989–93) the U.S. bill? the murder of Frederico Benitez Lopez, the seized $53 million in cash belonging to the Mr. MCCONNELL. My plan is to lay Tijuana police chief who vowed to clean up organization. Two American Express bankers aside the Domenici amendment and go the city and refused to accept a $100,000 per in Brownsville, Texas were indicted for laun- to the Brown amendment. It is the plan month bribe from the brothers. The cartel dering $30 million for Garcia. Garcia Abrego controls the 1,000 miles of border between Ti- to stack several votes. That we would is currently held without bond in a west juana and Juarez. The DEA estimates that take them up, again this is just a Texas prison awaiting trial in September. If the cartel generates around $15 million every convicted, he faces life imprisonment. Sev- guess, an estimate, around 6 o’clock. It two weeks and has a $160-400 million net would be my plan. I understand no one worth. The Arellanos, once known for pub- enty members of his organization have been wants to speak in opposition to the Do- licly flaunting their protection from local prosecuted in the U.S. menici amendment. Has the Senator Mexican police and federales, now are fugi- Mr. DOMENICI. Mr. President, drugs tives in hiding in Mexico. Benjamin and gotten the yeas and nays? are the engine of violence. According Mr. DOMENICI. No. Francisco have been indicted in San Diego to the DEA, 50 percent of all violent Mr. President, I ask for the yeas and for drug trafficking. crime happens because people are on nays. JUAREZ CARTEL (CARILLO FUENTES The PRESIDING OFFICER. Is there a ORGANIZATION) drugs. One-third of all homicides in the sufficient second? Amado Carillo Fuentes is now considered United States have a relationship to There is a sufficient second. the wealthiest and most powerful drug baron narcotics. The relationship to this The yeas and nays were ordered. in Mexico. He has a strong relationship with amendment, 70 percent of the cocaine Mr. DOMENICI. Mr. President, let me Miguel Rodriguez Orejuela, the leader of the comes across from Mexico; 50 percent Colombian Cali cartel. Carillo is known as just summarize very quickly so no one of the marijuana, and much of the the ‘‘Lord of the Skies’’ because he owns a other substances that we fear so much. will think these indictments that the fleet of 727’s which allows him to transport American Government has put all drugs from Colombia to Mexico. His drug op- In fact, substantial amounts of Mexi- these resources in are just indictments erations are estimated to bring in $200 mil- can-grown heroin is sold here. of people who are out there dealing in lion a week. Murders in Juarez have in- In summary, we go through a great a few ounces of cocaine. I want to give creased since he took control of the organi- effort to indict Mexican drug kingpins zation, and in 1995 the leader of a juvenile just four names, with a brief biog- and the indictments are not worth the raphy, that are under indictment, that gang Carillo used to smuggle drugs across the border was found shot 23 times in the paper they are written on because 99 it is incredible to this Senator that head. Carillo is the nephew of Ernesto outstanding extradition requests, 110 Mexico does not know about and could Fonseca Carillo, who was imprisoned in Mex- individuals are under indictment from not, if willing, to either apprehend and ico in 1985 for the torture and murder of DEA us, and the Mexican Government will try in Mexico or extradite them to the Special Agent Enrique Camarena. Carillo has do nothing about it so far. United States. been indicted in Miami for heroin and mari- Here is one: juana trafficking, and in Dallas for cocaine Mexico is the safe haven for drug Tijuana cartel, Arellano-Felix orga- distribution. smugglers. Indicted drug lords live an nization: Benjamin Arellano-Felix and SONORA CARTEL (CARO QUINTERO open life in a notorious style, in many his brothers Francisco, Ramon and ORGANIZATION) cases, in many parts of Mexico. When Javier head Mexico’s most violent drug Miguel Caro Quintero now heads the group the DEA Administrator was in Mexico family. They are responsible for the made up of remnants of the old Guadalajara in April, one of the top three most murder of Catholic Cardinal Juan Cartel, best known for their involvement in wanted barons called in to a talk show Jesus Posadas in Guadalajara in 1993. the brutal 1985 torture and killing of DEA and stated, as I have said before: ‘‘They Special Agent Enrique Camarena. The So- Some believe that the Mexican Car- nora Cartel was among the first Mexican or- don’t find me because they don’t want dinal was killed by accident during a ganizations to transport drugs for the Co- to. I go to banks, I drive highways, I violent confrontation between rival lombian kingpins. The group’s main traffick- pass through Federal judicial policy drug dealers, but others believe he may ing routes run through Arizona border area check points, and it doesn’t matter.’’ July 25, 1996 CONGRESSIONAL RECORD — SENATE S8795 Mr. President, I hope this discussion sible amendment, which I happen to Restoration Council. What a name; today, and the vote, which I think will support. what a name. Talk about a fascist be overwhelming, will indicate to Mex- Mr. COVERDELL. I appreciate the name. The State Law and Order Res- ico we are gravely concerned about our response of the Senator from Kentucky toration Council, SLORC, has one of country and at the same time we are and for, of course, his work on this bill the most dismal records in human gravely concerned about theirs. and assistance on this amendment. rights. They were responsible for kill- I yield the floor. Mr. President, I ask unanimous con- ing more than 3,000 prodemocracy dem- The PRESIDING OFFICER. The Sen- sent that following consideration of onstrators—3,000—and thousands more ator from Kentucky. this amendment, my amendment No. have been jailed, thousands more driv- Mr. McCONNELL. Mr. President, I 5018 be the regular order and that there en from their homes, thousands more ask unanimous consent the Domenici be a time agreement of 1 hour equally hiding. That is this SLORC group. amendment be temporarily laid aside. divided. Their record in counternarcotics is one As I indicated earlier, it is my inten- Mr. McCONNELL. Mr. President, re- of total complicity with the drug lords tion to take it up for a rollcall vote serving the right to object, obviously, I and the generals—total complicity. along with some other amendments do not object, but I do not see anyone That is where they earn a lot of their that have been laid aside, probably on the Democratic side in the Cham- money. around 6 o’clock. ber. In fairness to them, I feel they But now we are supposed to be doing I yield the floor. should be given an opportunity to re- business with them, helping them, The PRESIDING OFFICER. Without spond. helping their economy, helping their objection, it is so ordered. Mr. INOUYE. Mr. President, in behalf people. We are supposed to totally ig- Mr. BOND. Mr. President, due to a of Senator LEAHY, I must object. nore the fact that they don’t help their failure to communicate, I did not con- The PRESIDING OFFICER. Objec- people, that they enslave their people, vey to the floor manager of the bill my tion is heard. that they kill their people, that they very strong opposition to the Dorgan Mr. D’AMATO addressed the Chair. deny them free and fair elections and amendment. The time was yielded The PRESIDING OFFICER. The Sen- say, ‘‘If we can allow projects to go back. ator from New York. there, it will foster democracy.’’ That was not fostering democracy I ask unanimous consent that I may AMENDMENT NO. 5019 be recognized for 5 minutes prior to the Mr. D’AMATO. Mr. President, I think when we took on the Soviet Union for vote on the Dorgan amendment, which maybe it is appropriate, when we speak their failure to address the human rights and human needs and consider- I feel is fatally flawed and will have about those countries that are respon- ations of its people. We did not say very serious consequences. I would like sible in large measure—and it is not ‘‘Let’s give them most-favored-nation to have the opportunity to have appro- countries, it is governments, corrupt status.’’ We did not say, ‘‘Oh, no, you priate time to address that amend- governments, corrupt officials who can continue to discriminate against ment. give aid and comfort to drug dealers, Jews and Catholics and I ask unanimous consent for 5 min- traffickers, growers, money launderers, Pentecostalists’’ when the Soviet utes. the whole cartel—probably no case Union was engaged in that barbaric The PRESIDING OFFICER. Is there cries out for this country taking action treatment of their citizens. objection? Without objection, it is so more than the nation of Burma on be- We said if a country doesn’t respect ordered. half of the people of Burma and on be- its citizens, how do we ever expect it to Mr. COVERDELL addressed the half of the citizens of my State and the respect the rights of others, the rights Chair. citizens of this country. of our citizens. How quickly we forget. The PRESIDING OFFICER. The Sen- When we look at the record as it re- Incredible. ator from Georgia. lates to drugs, in 1994, Burma was re- This country has lost the moral fiber Mr. COVERDELL. Mr. President, I sponsible for 94 percent of the opium that we don’t even have the ability to wonder if the Senator from Kentucky produced worldwide. It is estimated stand up to those countries who are will yield for a question. that 60 percent of the heroin that sheltering known terrorists and killers Mr. McCONNELL. Yes. I am happy to comes into the United States origi- who are responsible for killing U.S. respond to a question of my friend from nated in Burma. citizens. Why? The same reason: eco- Georgia. When we look at the record of not nomics, greed, avarice. Mr. COVERDELL. Is it not true that only the question of narcotics and the ‘‘So and so is developing a big project my amendment which would restore dismal record in terms of there. It’s an American corporation. If the funding level for the international counternarcotics efforts, there is only they don’t do it, somebody else is going narcotics funding was seconded under one thing that is even worse, and that to do it.’’ How often we hear that. regular order? is its record with respect to human Then, when we are able to unite the Mr. McCONNELL. It is my under- rights. It kills those who are in opposi- people of this country, we have to standing. It is my recollection that the tion; it slaughters them. It imprisons worry about our allies. We passed a Senator from Georgia came over last those who speak out against them. bill, the Iranian-Libyan sanctions bill, night and first offered the amendment Their record on human rights and that said, ‘‘Listen, if you’re going to that would restore the drug funding counternarcotics and its refusal to let help support their petroleum fields and level to the request of the Clinton ad- the democratically elected National they are going to continue to export ministration. League for Democracy assume office terrorism’’—and they have two people Mr. COVERDELL. That is correct. should be immoral, and, more impor- who we have indicted, two Libyan We have now, it is my understanding, tant, it is immoral, but it should be un- agents responsible for blowing a plane disposed of 24 amendments? acceptable to our Nation. out of the air, Pan Am 103, we indicted Mr. McCONNELL. Yes. We need to send a strong message. them with specificity, Libyan agents, Mr. COVERDELL. There is an Somehow we have become so imbued hiding in Libya. We cannot get them to amendment which I have pending, but with economics and what company is turn them over here. we have been unable to get the other going to benefit and make more money Yet, since 1988, when that tragedy side to agree to a time for debate, that we have lost the moral fiber to took place, we didn’t even have the which is holding up this amendment stand up for our citizens. I believe this. courage to stop the importation of Lib- which restores their President’s, our And I do not believe it is just the case yan oil. We said, ‘‘We can’t buy Libyan President’s, funding for international as it relates to the legislation we dis- oil, can’t buy it,’’ and we went around narcotics. cussed sponsored by Senator DOMENICI and pounded our chest. Well, we didn’t Mr. McCONNELL. I say to my friend with respect to Mexico. I don’t think it do through the front door what we al- from Georgia, we had hoped that his is just Burma, but certainly this is a lowed the oil man to deliver on the side amendment would be first voted on case that cries out. or the back, because while we said U.S. this morning since he was first to the In 1988, the SLORC—SLORC—that companies can’t do it, domestic compa- floor last night to offer a very respon- stands for the State Law and Order nies, their foreign subsidiaries did. S8796 CONGRESSIONAL RECORD — SENATE July 25, 1996 They did that with both the Iranians for his observations about Burma. democratically elected 1990 Parliament is and Libyans. What is going on here, of course, is seated in Rangoon. The Burmese people will What a mockery. What a sham. How they had a Democratic election in 1990, remember who their friends are. do you expect our allies to pay atten- internationally supervised. The side The National Coalition Government also tion to us when we say, ‘‘We want you opposes any funding to the military junta in that won got 82 percent of the vote. connection with narcotics control. I cannot to join with us’’? And the State Law and Order Council find myself to condone any funding to a re- It all comes down to the same thing, locked up most of the leadership and gime that plays an active role in providing a and maybe it takes a little longer to put the leader herself under house ar- secure and luxurious life to the heroin king- get to the point, and the point is, it is rest for 5 years. pin Khun Sa. nothing more than greed, money and That is what is going on here. We fid- I place my trust in the United States Sen- avarice, and, consequently, we have dle around—not just this administra- ate to do the right thing. Each vote for sanc- really allowed those states, whether tion, but the previous one—and have tions is a vote for the democracy movement they are smuggling drugs in here, done nothing. As the Senator has in Burma and our people who are struggling to be so desperately free. whether they are bringing terrorists pointed out, they have done absolutely Sincerely, with bombs in here, whether they are nothing. SEIN WIN, killing our citizens in planes or in So the underlying bill calls for sanc- Prime Minister. bases, to feel that they can operate tions against Burma, something long Mr. McCONNELL. Mr. President, es- with impunity, and we are not even overdue. I want to commend the Sen- sentially what it says is: going to take economic sanctions ator from New York for his leadership against them. on this issue for his support. If the U.S. Senate fails to vote for eco- We have had a sort of disjointed de- nomic sanctions on the junta as outlined in Our allies: ‘‘You will not allow our your bill— companies who do business with the bate here on the Burma issue, Mr. Libyans to do business here?’’ Let me President, over the course of the after- Referring to the underlying bill . .. tell you, if we do not have the moral noon. At some point I am going to ask it will send a wrong signal to Burma. . . . [It fiber to stand up and protect the rights unanimous consent that all of that de- will] step up the ongoing suppression of the democracy movement. of our citizens, it is no wonder why the bate be consolidated in the CONGRES- The National Coalition Government there- people are angry and frustrated with SIONAL RECORD because it will be hard fore opposes Senator COHEN’s [amendment]. all of us—with some of us even more— for the readers to follow. because they think it is all politics and Mr. President, I ask unanimous con- Which we will be voting on later, we are not serious. In many cases, I sent that a letter I received today from which is supported by the Clinton ad- think they are absolutely right. I real- the National Coalition Government of ministration. ly do. I think they are right. the Union of Burma, Office of the .. . currently investments are only enrich- Business is important. Providing eco- Prime Minister, be printed in the ing the military junta and its associates and are discouraging them to negotiate with Daw nomic growth and opportunity is im- RECORD. There being no objection, the letter Aung San Suu Kyi. portant. But freedom and liberty is Daw Aung San Suu Kyi has called for the more important. The human dignity of was ordered to be printed in the imposition of economic sanctions because it each and every individual and their RECORD, as follows: is the best option available at this moment. rights to live without being terrorized, NATIONAL COALITION GOVERNMENT She understands the Burma situation clearly both in this country and abroad, are OF THE UNION OF BURMA, OFFICE and would not initiate a move that would more important. OF THE PRIME MINISTER, harm the people. . . . The National Coalition We should not be providing succor Washington, DC, July 25, 1996. Government fully supports Daw Aung San and comfort to those who deprive mil- Senator MITCH MCCONNELL, Suu Kyi’s call for sanctions and that is why U.S. Senate, Washington, DC. lions and millions of people an oppor- we have expressed our total support for your DEAR SENATOR MCCONNELL: We understand bill. tunity to live free, an opportunity to that Senator Cohen has introduced an Mr. President, the distinguished Sen- be able to have their vote count and amendment to your bill—Section 569 of the not just have some group, thugs by the Foreign Operations Appropriations Act, ator from Colorado is on the floor. He name of SLORC, come in and take over ‘‘Limitation on Funds for Burma.’’ We have has an amendment to offer as well. We whenever they want. to reiterate our total support for your ver- would like to take that up. Have we We have a right to say to those coun- sion of the bill because it is the most and laid the Domenici amendment aside? tries who are involved in exporting ter- only effective way of persuading the ruling The PRESIDING OFFICER. The Do- military junta in Burma to enter into a dia- rorism, whether it be by way of bomb menici amendment is laid aside. logue with the pro-democracy leaders. Mr. BROWN. Mr. President, before I or whether it be by way of drugs, that If the U.S. Senate fails to vote for eco- we are not going to countenance doing nomic sanctions on the junta as outlined in offer my amendment, I simply want to business with you as usual, and we are your bill, it will send a wrong signal to express my strong appreciation to the certainly not going to give you aid and Burma. The military junta will see it as a distinguished Senator from Kentucky comfort, and we are certainly not sign of weakness on the part of the United for his raising the question of the loss going to permit you to have access to States and encourage it to step up the ongo- of rights in Myanmar. The fact is, that the international money markets ing suppression of the democracy movement. the level of political suppression that The National Coalition Government there- has gone on there is one that Ameri- where U.S. citizens are participating in fore opposes Senator Cohen’s legislation. The the international banks and say you Senate cannot afford to send a wrong signal. cans cannot ignore. If we are to be true can do business as if you are a good and The imposition of economic sanctions is to our beliefs, and true to our commit- decent citizen, when you are not. needed because currently investments are ment to freedom and human rights I support the moves that we are tak- only enriching the military junta and its as- that is held so dearly by both parties, ing and that this bill calls for in deal- sociates and are discouraging them to nego- we cannot stand idly by. ing with the SLORC in Burma. I just tiate with Daw Aung San Suu Kyi. I believe some Members have ex- Daw Aung San Suu Kyi has called for the think it is symptomatic of the kinds of pressed concern that perhaps there imposition of economic sanctions because it could be a different way to phrase the things that we have to do if we are is the best option available at this moment. really going to stand up and say that She understands Burma situation clearly concerns that the Senator from Ken- this Nation does make a difference, it and would not initiate a move that would tucky has expressed. And I hope that does respect the rights of citizens, its harm the people. Daw Suu has categorically we will have a debate on that, that citizens and others, to live in dignity expressed her wish that investments in the positive suggestions will come forward. and in freedom. country cease until a clear transition to de- Certainly we ought to use tactics that mocracy has been established. The National Mr. MCCONNELL addressed the are most likely to be successful. Chair. Coalition Government fully supports Daw So some change in those words may Aung San Suu Kyi’s call for sanctions and The PRESIDING OFFICER. The Sen- that is why we have expressed our total sup- be in order. But I hope that debate over ator from Kentucky. port for your bill. the words does not lose sight of the in- Mr. MCCONNELL. I just want to I look forward to welcoming U.S. busi- tent and the very significance of the commend the Senator from New York nesses helping rebuild our country once a Senator from Kentucky’s action. The July 25, 1996 CONGRESSIONAL RECORD — SENATE S8797 fact is, we cannot stand idly by and ig- port. And we learned the painful lesson signal we send to free people around nore what has happened in that coun- in World War II that one country’s the world. It specifically names three try and not stand up and speak out and freedom is not independent of another countries that are eligible for transi- take efforts that can be effective. country’s and that aggression cannot tional assistance in moving into NATO. I believe that this subject will get a be ignored. Now, that is not NATO membership, lot of debate. I suspect the conference These are countries that now share but it is transitional assistance to committee may well come up with our commitment to Democratic values. NATO. ways to amend the language that we And many of them, as new converts, Second, it establishes clear standards have here. But I want the Senator from are passionate believers. But the trail for other Central European countries Kentucky to know that free people of history does not end with World War to meet to be eligible for transitional around the world appreciate his efforts, II. It follows into the tragic period of assistance. The purpose here was to and appreciate him caring enough to after World War II where some of these take the thoughts of the administra- move forward to have this Congress countries were abandoned, without an tion and others and put them forward consider sanctions. I, for one, will be effort to save them from Soviet domi- in clear rules so the countries who looking forward to the process that nation. The level of suffering that they want to join free people pledging to de- may well perfect the language that the have endured has truly been extraor- fend freedom in the North Atlantic re- Senator has. But I hope it does not di- dinary in humankind. gion know what they are working to- lute the spirit of what he is offering be- Now the question comes, with the ward. cause I think that is the essence of the fall of the Iron Curtain and the end of Third, Mr. President, it sets a clear way Americans think about foreign the cold war, as to whether or not we policy statement for NATO expansion. policy. will recognize that other countries Next, it establishes standards for an AMENDMENT NO. 5058 have a claim to control their foreign authorization, for a regional airspace (Purpose: To amend the NATO Participa- policy, that is, whether other countries initiative. tion Act of 1994 to expedite the transition to can cast their sphere of influence over Mr. President, this is a measure that full membership in the North Atlantic Trea- central Europe and dictate to them is bipartisan. It is strongly supported ty Organization of emerging democracies in their foreign policy. That is what this by the administration. I might make Central and Eastern Europe.) series of amendments over 3 years with clear that they strongly support the Mr. BROWN. Mr. President, I rise to regard to NATO expansion has dealt authorization for the regional airspace offer an amendment to the bill. I send with, the hesitancy of the administra- initiative. I do not mean to imply they the amendment to the desk and ask for tion to allow democratic countries in strongly support this amendment. The its immediate consideration. central Europe who wish to join NATO portion that deals with the regional The PRESIDING OFFICER. The to be allowed to join NATO. airspace initiative, which I believe can clerk will report. These are countries that have democ- have a significant value in helping The assistant legislative clerk read ratized their country, that have given countries develop a common language as follows: civilian control over the military, and through equipment and procedures, in The Senator from Colorado [Mr. BROWN] have expressed an interest and a desire helping to deal with air traffic control for himself, Mr. SIMON, Mr. ROTH, Mr. to stand shoulder to shoulder with problems, can be of help. I should em- LIEBERMAN, Mr. HELMS, Ms. MIKULSKI, Mr. America and other countries in NATO, phasize while this is not mandatory in MCCAIN, Mr. SPECTER, Mr. SANTORUM, Mr. to make the world safe for democracy. terms of participation, it is supported MCCONNELL, Mr. GORTON, Mr. ABRAHAM, Mr. The hesitancy that has come out of the by the administration. STEVENS, and Ms. MOSELEY-BRAUN, proposes administration has been as to whether Mr. President, this is a bipartisan an amendment numbered 5058. or not they should allow the govern- bill. We are fortunate to have Senator Mr. BROWN. Mr. President, I ask ment in Russia to cast its sphere of in- SIMON join as a cosponsor of this bill, unanimous consent that the reading of fluence over the policy of those coun- as well as Senator LIEBERMAN and Sen- the amendment be dispensed with. tries, whether or not we would defer to ator MIKULSKI. In the past, NATO ex- The PRESIDING OFFICER. Without Russia in terms of deciding whether pansion has received strong support objection, it is so ordered. they should be allowed to join NATO or from both sides of the aisle. I must say, (The text of the amendment is print- not. Mr. President, I believe this measure is ed in today’s RECORD under ‘‘Amend- It was out of concern over this pol- strongly supported by both Democrats ments Submitted.’’) icy, that I believe to be mistaken, in and Republicans throughout our coun- Mr. BROWN. Mr. President, this is which we offered the first NATO Par- try, by a large measure. the third in a series of efforts the Con- ticipation Act in 1994. That measure In addition, the House has voted on a gress has made to address the issue of recognized their plea for NATO mem- version that is nearly identical to this NATO expansion. Today the hearts of bership and authorized an assistance provision, and given its strong and tens of millions of Americans are with program to aid in their preparing to be- clear support by a vote of 353 to 62, the us. No, not physically here in this come Members of NATO. House voted for the similar NATO ex- Chamber, but they listen and they un- The administration failed to act deci- pansion provision. derstand what we debate when we talk sively concerning this issue, and in the I might add, we have a stronger posi- about NATO expansion. following year we followed up with the tion in the White House for this meas- Millions of Americans find their her- NATO Participation Act of 1995 which ure than we have ever had. The admin- itage hailing from central Europe. Over develops specific criteria which those istration has sent out a letter indicat- the last century—I should say most countries could be judged as to whether ing they do not oppose this measure. particularly the last half-century— or not they were prepared to join Mr. President, let me not mislead they have had to swallow hard as this NATO and receive aid to help them fur- Members. I believe—it is at least my Nation watched Czechoslovakia dis- ther move toward it. belief—the White House has some con- membered by the Munich agreements, Mr. President, another year passed cerns about various provisions of it. which Chamberlain agreed with, and without the administration acting. They are not opposing it. It is the saw a country that could have been the And thus, the purpose of the third strongest, most supportive effort we bulwark against Hitler and Naziism NATO Participation Act. have had in these last 3 years. I believe dissolved and abandoned by its allies. The measure that is before the Sen- the key to making this work is indeed Millions of American hearts sank as ate does the following things, Mr. to get all parties—the administration, they saw Poland invaded by the Nazis President. First of all, it authorizes Congress, Democrats, and Repub- and, moreover, an agreement between funds for transitional assistance for licans—to work together for a common the Soviets and the Nazis to divide and countries in central Europe wishing to purpose. dismember that country. Moreover, join NATO. Mr. President, this is not a Mr. President, there are some dif- their hearts sank as they watched the huge amount of money in terms of dol- ferences between this measure and the free countries around the world back lars in the foreign assistance bill but it measure that passed the House of Rep- away from promises and pledges of sup- is an enormous issue in terms of the resentatives. Let me just name two of S8798 CONGRESSIONAL RECORD — SENATE July 25, 1996 them that may be the more significant, and in their mind and in their very few more remarks about his amend- although I am not sure there are sig- being how these countries hunger to be ment, and I am not aware of any speak- nificant differences. In the findings, free and independent and how much ers, other than I assume he would like paragraph 15, in the wording involving they look to the United States with ad- to close on his own amendment, but we the caucuses, ours is not as strong a miration, and, yes, with love and with will need to do that after we dispose of language in terms of indicating a commitment. They see America as a these. NATO involvement in the caucus as country that has held up the torch of Mr. COHEN. I understand that. We the House language. I do not mean to freedom and liberty, and they want to will dispose of the other two amend- indicate we lack interest in the cau- join us. They want to join us in the ments. There was no indication how cuses, or concern. We do, and we ex- burden of holding that torch of freedom long the Brown amendment may take press that. There is a difference be- high. They want to join us in making this evening. I am just trying to find tween our language and the House lan- sure the world is safe for democracy. out whether or not we—— guage with regard to caucus States. If we turn our backs on them, we Mr. McCONNELL. If the Brown Second, we add in this bill specific turn our backs on the very ideals that amendment is controversial, then we criteria for the transition into NATO. made this country strong and free and will move on with Burma. We will lay We thought in the interest of being independent. Can we turn our backs on Brown aside and dispose of Burma and clear and precise and moving ahead, Central Europe’s freedom? Of course, it go back to Brown for whatever discus- that was helpful. Those are the key dif- has happened before. But who among sion may be forthcoming. ferences with the House bill. On the us would come forward saying that Mr. COHEN. All right. whole, they are not major. I do not an- turning our backs on their freedom AMENDMENTS NOS. 5059 THROUGH 5065, EN BLOC ticipate any problem in working out worked prior to World War II or Mr. McCONNELL. Mr. President, I the differences in conference. worked after World War II? My guess is send seven amendments to the desk, en I should indicate, Mr. President, every Member would have to admit bloc, and ask for their immediate con- there are at least three concerns I am that those were follies of policies, that sideration. aware of, and I know Members obvi- the world lost millions of lives because The PRESIDING OFFICER. The ously are much more able to articulate we failed to recognize how much their clerk will report. their concerns and offer alternatives yearning for freedom was tied to ours. The assistant legislative clerk read than I. Senator SIMON is interested in Mr. President, this amendment is of- as follows: offering a modification of the measure fered in the hope we will not repeat the The Senator from Kentucky [Mr. MCCON- that deals with the history of deploy- mistake of the past, that we will re- NELL] proposes amendments, en bloc, num- ment of nuclear weapons in some spect their admiration and their desire bered 5059 through 5065. NATO countries. I view—while we have to stand with us, and that we will con- Mr. McCONNELL. Mr. President, I not seen final language that Senator tinue the clear signal that we care ask unanimous consent that reading of SIMON offers—I view that as an accu- about their freedom and their future. the amendments be dispensed with. rate statement of the past policy, and I welcome the debate on this issue. I The PRESIDING OFFICER. Without can well be a plus. yield the floor. objection, it is so ordered. Mr. MCCONNELL. Mr. President, I Senator BIDEN has concerns about The amendments are as follows: know the Senator from Georgia wants making it clear that Slovenia is imme- AMENDMENT NO. 5059 diately eligible for the transitional as- to speak on this issue, but my pref- (Purpose: To express the sense of the Con- sistance in the measure that is before erence would be, and I consulted with gress regarding expansion of eligibility for the Senate. We have not placed them in Senator LEAHY on this as well, to dis- Holocaust survivor compensation by the the three countries that are designated pose of some agreed-to amendments. I Government of Germany) as immediately eligible for assistance, have also consulted with the Demo- On page 198, between lines 17 and 18, insert cratic leader, who would like to have a the following: but I think Senator BIDEN has identi- fied a country that does meet the couple of votes shortly because he SENSE OF CONGRESS REGARDING EXPANSION OF must be absent from the Senate around ELIGIBILITY FOR HOLOCAUST SURVIVOR COM- standards, as I understand them. I do PENSATION BY THE GOVERNMENT OF GERMANY not consider that to be a major prob- 6:30. It would be my plan, I say to my SEC. . (a) FINDINGS.—The Congress makes lem. the following findings: In addition, my understanding is that friend from Georgia, just for his infor- mation, to have votes on the Hatfield- (1) After nearly half a century, tens of a very thoughtful Member of the Sen- thousands of Holocaust survivors continue to Dorgan amendment and the Domenici ate, Senator NUNN, has concerns, par- be denied justice and compensation by the ticularly with paragraph 4 in the find- amendment beginning at 5:50, and then Government of Germany. ings, and my hope is we will be able to we would go back to the pending (2) These people who suffered grievously at consider his concerns and work some- amendment of Senator BROWN, on the hands of the Nazis are now victims of un- which I know the Senator from Georgia reasonable and arbitrary rules which keep thing out with regard to that. them outside the framework of the various Mr. President, I do not want to take wishes to speak. I ask unanimous consent the Brown compensation programs. an extended amount of time with re- amendment be temporarily laid aside. (3) Compensation for these victims has gard to this except to say this: What been non-existent or, at best, woefully inad- Mr. NUNN. Reserving the right to ob- we do with this amendment is very im- equate. ject, I do not mind laying aside the portant. The symbolism is far more im- (4) The time has come to right this terrible amendment and going ahead with the portant than the modest amount of wrong. votes, but I would like to make a brief (b) SENSE OF CONGRESS.—The Congress money that is authorized in this bill. statement of 2 or 3 minutes, outlining calls upon the Government of Germany to The message it sends is that the coun- my concern here on this amendment negotiate in good faith with the Conference tries of Central Europe are not going to before we vote. on Jewish Material Claims Against Germany have their fate decided by the influence Beyond that, if that is accommo- to broaden the categories of those eligible for compensation so that the injustice of un- of another country; that their fate will dated, I do not object. not be decided by someone saying that compensated Holocaust survivors may be Mr. MCCONNELL. I was going to sug- corrected before it is too late. they have a sphere of influence that gest the Senator from Georgia go right AMENDMENT NO. 5060 controls that part of the world; that we ahead. recognize their ability to commit Mr. COHEN. I want to inquire in (Purpose: To allocate funds for commercial themselves to free and democratic law reform in the independent states of the terms of when we intend to proceed to former Soviet Union) principles, and to seek alliances that vote on my amendment. Is it following will help secure their land. That is On page 117, line 14, before the period in- the resolution of the Brown amend- sert the following: ‘‘: Provided further, That enormously important, and it is a com- ment, at some time later this evening? of the funds appropriated under this heading mitment that we should not back down Mr. MCCONNELL. Yes. $25,000,000 shall be available for the legal re- on. Mr. COHEN. At what point? structuring necessary to support a decentral- Second, Mr. President, I hope every Mr. MCCONNELL. I say to the Sen- ized market-oriented economic system, in- Member has some sense in their heart ator from Maine, I want to just make a cluding enactment of necessary substantive July 25, 1996 CONGRESSIONAL RECORD — SENATE S8799 commercial law, implementation of reforms The so-called Republika Srpska and the former Yugoslavia. I thank my co- necessary to establish an independent judici- Federal Republic of Yugoslavia (Serbia and sponsors, Senator LUGAR, Senator ary and bar, legal education for judges, at- Montenegro) have failed to arrest and turn BIDEN, Senator SPECTER, Senator FEIN- torneys, and law students, and education of over for prosecution indicted war criminals, STEIN, Senator MOYNIHAN, Senator the public designed to promote understand- including Karadzic and Mladic; ing of a law-based economy’’. Efforts to politically isolate Karadzic and HATCH, Senator LEVIN and Senator Mladic have failed thus far and would in any D’AMATO, for joining in what is, and AMENDMENT NO. 5061 case be insufficient to comply with the must be, a bi-partisan effort to bring (Purpose: Urging continued and increased Peace Agreement and bring peace with jus- indicted war criminals to justice. It United States support for the efforts of the tice to Bosnia and Herzegovina; should now be apparent that we cannot International Criminal Tribunal for the The International Criminal Tribunal is- divorce peace from justice in this trau- former Yugoslavia to bring to justice the sued International warrants for the arrest of matized region. To fail to address fun- Karadzic and Mladic on July 11, 1996. perpetrators of gross violations of inter- damental issues of justice in the national law in the former Yugoslavia) In the so-called Republika Srpska freedom of the press and freedom of assembly are se- former Yugoslavia, and Bosnia in par- Findings. The United Nations, recognizing verely limited and violence against ethnic ticular, will mean the certain failure of the need for justice in the former Yugo- and religious minorities and opposition fig- the current international efforts to se- slavia, established the International Crimi- ures is on the rise; nal Tribunal for the former Yugoslavia cure a lasting peace in the region. It will be difficult for national elections in I will explain why the problem is one (hereafter in this resolution referred to as Bosnia and Herzegovina to take place mean- the ‘‘International Criminal Tribunal’’); requiring urgent attention in a mo- ingfully so long as key war criminals, includ- ment. Let me first summarize the prob- United Nations Security Council Resolu- ing Karadzic and Mladic, remain at large and tion 827 of May 25, 1993, requires states to co- able to influence political and military de- lem and the solutions required. operate fully with the International Crimi- velopments; The problem is that progress in the nal Tribunal; On June 6, 1996, the President of the Inter- rebuilding of Bosnia has been slow at The parties to the General Framework national Criminal Tribunal, declaring that best. This slowness is, in part, due to Agreement for Peace in Bosnia and the Federal Republic of Yugoslavia’s failure the slowness in overcoming the antag- Herzegovina and associated Annexes (in this to extradite indicted war criminals is a bla- onisms engendered throughout a tragic resolution referred to as the ‘‘Peace Agree- tant violation of the Peace Agreement and of ment’’) negotiated in Dayton, Ohio and war and the effect of the creation of United Nations Security Council Resolu- ethnic areas. Nevertheless, the major- signed in Paris, France, on December 14, tions, called on the High Representative to 1995, accepted, in Article IX, the obligation reimpose economic sanctions on the so- ity of Bosnian peoples of all ethnic af- ‘‘to cooperate in the investigation and pros- called Republika Srpska and on the Federal filiations, desperately seek peace and ecution of war crimes and other violations of Republic of Yugoslavia (Servia and accommodation. Bosnia had been a rel- international humanitarian law’’; Montenegro); and atively unified, multiethnic state, with The Constitution of Bosnia and The apprehension and prosecution of in- extraordinarily high percentages of Herzegovina, agreed to as Annex 4 of the dicted war criminals is essential for peace Peace Agreement, provides, in Article IX, interethnic marriages, prior to the ma- and reconciliation to be achieved and democ- nipulative actions of power hungry na- that ‘‘No person who is serving a sentence racy to be established throughout Bosnia imposed by the International Tribunal for and Herzegovina. tionalist leaders during the late 1980’s. the former Yugoslavia, and no person who is (a) It is the sense of the Senate finds that It can again become a multiethnic under indictment by the Tribunal and who the International Criminal Tribunal for the state, if those seeking to build civil in- has failed to comply with an order to appear former Yugoslavia merits continued and in- stitutions and a civil society are al- before the Tribunal, may stand as a can- creased United States support for its efforts lowed to do so by those initially re- didate or hold any appointive, elective, or to investigate and bring to justice the per- sponsible for these antagonisms and di- other public office in Bosnia and petrators of gross violations of international Herzegovina’’; visions. law in the former Yugoslavia. The problem, then, is simply stated: The International Criminal Tribunal has (b) It is the sense of the Senate that the issued 57 indictments against individuals President of the United States should sup- those attempting to build a civil soci- from all parties to the conflicts in the port the request of the President of the ety with functioning democratic insti- former Yugoslavia; International Criminal Tribunal for the tutions, are being prevented from ac- The International Criminal Tribunal con- former Yugoslavia for the High Representa- complishing their mission. The pre- tinues to investigate gross violations of tive to reimpose full economic sanctions on requisites for such a development in- international law in the former Yugoslavia the Federal Republic of Yugoslavia (Servia clude fundamental protections of with a view to further indictments against and Montenegro) and the so-called Republika human and minority group rights, and the perpetrators; Srpska, in accordance with United Nations On July 25, 1995, the International Crimi- the rule of law. Security Council Resolution 1022 (1995), until But how can these conditions be nal Tribunal issued an indictment for the Federal Republic of Yugoslavia (Servia Radovan Karadzic, president of the Bosnian and Montenegro) and Bosnian Serb authori- achieved while war criminals are roam- Serb administration of Pale, and Ratko ties have complied with their obligations ing freely in and out of the Bosnian Mladic, commander of the Bosnian Serb ad- under the Peace Agreement and United Na- Federation? Gross violations of law, ministration and charged them with geno- tions Security Council Resolutions to co- such as the support and direction of cide and crimes against humanity, violations operate fully with the International Crimi- snipings and massacres of innocents, of the law or customs of war, and grave nal Tribunal. have made Karadzic and Mladic war breaches of the Geneva Conventions of 1949, (c) It is further the sense of the Senate arising from atrocities perpetrated against criminals. The underlying philosophies that the NATO-led Implementation Force which guided those actions continue to the civilian population. Throughout Bosnia- (IFOR), in carrying out its mandate, should Herzegovina, for the sniping campaign make it an urgent priority to detain and drive these men today. Institution- against civilians in Sarajevo, and for the bring to justice persons indicted by the building, a task that many Bosnians taking of United Nations peacekeepers as International Criminal Tribunal. are working diligently towards, is im- hostages and for their use as human shields; (d) It is further the sense of the Senate periled by the very xenophobic, ultra- On November 16, 1995, Karadzic and Mladic that states in the former Yugoslavia should nationalist criminals that contributed were indicated a second time by the Inter- not be admitted to international organiza- to the dismantlement of Bosnia in the national Criminal Tribunal, charged with tions and fora until and unless they have genocide for the killing of up to 6,000 Mus- first place. complied with their obligations under the Mr. President, I applaud the recent lims and Srebrenica, Bosnia, in July 1995; Peace Agreement and United Nations Secu- The United Nations Security Council, in rity Council Resolutions to cooperate fully efforts of Ambassador Holbrooke to re- adopting Resolution 1022 on November 22, with the International Criminal Tribunal. duce the deleterious effects of war 1995, decided that economic sanctions on the SEC. 2. The Secretary of the Senate shall criminals that are allowed to freely Federal Republic of Yugoslavia (Serbia and transmit a copy of this resolution to the impact on Bosnian politics. This is a Montenegro) and the so-called Republika President of the United States. substantial accomplishment that will Srpska would be reimposed if, at any time, Mr. LIEBERMAN. Mr. President, I do much to help us reach our ultimate the High Representative or the IFOR com- rise on a matter of some urgency. Sev- goal. However, the signed statement in mander informs the Security Council that the Federal Republic of Yugoslavia or the eral colleagues, from both sides of the which Radovan Karadzic has agreed to Bosnian Serb authorities are failing signifi- aisle, and I, have introduced an amend- remove himself from the political life cantly to meet their obligations under the ment which we hope will advance the of the country, is not the final end we Peace Agreement; twin causes of peace and justice in the must seek. Let’s not forget the reasons S8800 CONGRESSIONAL RECORD — SENATE July 25, 1996 we call for the apprehension of these Mr. President, here then is my first term future, as well as, the success of war criminals. Support and direction of reason for pressing the urgency of this the Bosnian mission, that the NATO- indiscriminate snipings of men, women issue. With elections scheduled for Sep- led IFOR not become a paper tiger as and children during the long, agoniz- tember 14, we have little time to re- did its predecessor, UNPROFOR. U.S. ing, siege of Sarajevo, as well as, the verse this situation. The first task to leadership and credibility are also di- unspeakable and calculated acts of reversing this situation must be the rectly impacted by the actions and re- genocide at Srebenica, in which men apprehension of war criminals, most actions in Bosnia. The United States were exterminated and buried in mass notably the former President of the threatened to reimpose sanctions on graves, underline the reasons for the Bosnian Serb Republic, Radovan Belgrade unless Karadzic and Mladic necessity of this resolution. Recent dis- Karadzic, and the Bosnian Serb Gen- were removed from power by the end of coveries of the mass graves in eral, Ratko Mladic. The tools for June. Another deadline has come and Srebenica, with the grueling sight of effecting their apprehension are avail- gone, and we are again failing to follow twisted bodies, a sight not scene in Eu- able to us at minimal cost. We are not through on our threats. What might rope since the liberation of Dachau and asking for house-to-house searches by have emerged from the recent G–7 sum- Auschwitz, will ensure that antag- IFOR troops to apprehend these war mit as a powerful statement with re- onisms will remain alive so long as jus- criminals. All that we are demanding is spect to apprehending war criminals in tice is hindered by timidity. No peace that IFOR has as one of its primary Bosnia, instead became a replay of U.S. can survive in this torn land as long as missions, the apprehension of indicted credibility being snubbed by thugs in justice is not achieved. The freedom of war criminals in the conduct of its Bosnia. We hope that another snubbing these criminals is an insult, a wound to many routine patrols. Despite adminis- is not soon to follow Ambassador those hundreds of thousands of people tration claims to the contrary, troops Holbrooke’s efforts, although I am not who lost relatives or who were forcibly on the ground continue to confirm that hopeful. removed from their homes during the apprehending war criminals is not a The final reason that I am pressing war. That the future peace of the re- priority actively sought by military this issue as one requiring urgent at- gion should depend on the word of war members on the ground. Apprehension tention is that apprehension of the war criminals with a track record for of these war criminals is not only a criminals is the strategic action re- breaking promises, seems an absurdity; prerequisite for success of peacekeep- quired, at this time, which can deter- surely fellow Bosnians will view the ing in the country, it is a requirement mine whether peace in Bosnia will be situation that way when elections ar- of the signatories of the peace accord. fleeting or long-lived. Mr. President, I rive in September. Apprehension of the war criminals is, fear that if we do not act now on the Now, let me be clear, Mr. President, then, our first task because none of the issue of apprehension, our forces will that the Bosnian people bear the brunt other conditions required for peace in have been sent to Bosnia for naught. of the responsibility for putting their Bosnia, that I have discussed, can be Elections, with the current mix of eth- house in order. Yet, they need help in nic-based politics, will only solidify op- this process. We have provided that addressed while the criminals remain influential. Despite their two indict- posing camps bent on ethnic exclusion. help, both with a military component, Further conflict over ethnic enclaves the NATO-led Implementation Force, ments for genocide and crimes against humanity, by the International Crimi- will certainly ensue. Tragically, any or IFOR, and the civilian reconstruc- uncertainties on this issue will almost tion effort, led by the High Representa- nal Tribunal, as well as, the issuance of international arrest warrants by the certainly embolden the ultra-national- tive, Carl Bildt. Let us remember that ists to set up their terror campaigns the peace agreement forged at Dayton, Tribunal, Karadzic and Mladic have continued to control or influence the against dissenting, moderate voices. that led to this peace mission, was The greatest irony of all could be that organs of government, the media, as done for two reasons: One, because it is we intervened for peace only to ensure well as, party politics and party com- an important U.S. interest that we that ethnic based divisions became not petition. They do not need to hold for- control the conflagration that could, only more solid, but also legitimated mal positions of power to exercise this and still can, spread to our allies in Eu- by the very elections that we insisted rope; and Two, because the costs of our influence. In this situation, moderates upon. intervention are reasonable, given the seeking peace continue to place their A Washington Post editorial stated benefits, and the intervention is politi- lives at risk. Certainly, the politics of the problem well. Referring to the re- cally and militarily feasible. a free people, with freely organized and cent disregard of IFOR and the High But, as I said, the intent of our mis- competing parties, is impossible under Representative by Karadzic, the Post sion in Bosnia, the intent shared by these circumstances. has this to say: many peace-seeking Bosnians, is being Mr. President, we have the capabili- Recall that peace was not meant simply to contravened by war criminals who are ties for shaping the peace in Bosnia. consolidate and extend ‘‘ethnic cleansing,’’ a continuing to poison the politics of the The need to shape conditions for the process that carries with it the confirmation region. Our purpose in Bosnia remains upcoming elections is an urgent one. of massive injustice and the prospect of fur- a national interest that can and should This urgency has been proclaimed by a ther war. It was meant to open a path back be pursued. However, we are failing to recent letter of President Clinton writ- to a multi-ethnic federal Bosnia. The ten by Human Rights Watch. This ex- Karadzic taunt is taking Bosnia exactly the implement the peace plan hammered wrong way. It is making the would-be peace- out at Dayton. We are failing to exe- cellent letter states quite eloquently makers in and out of NATO, not least Clin- cute a plan that provides for feasible the necessity for immediate apprehen- ton, bit players in a Karadzic-led charade. solutions. By so doing, we are guaran- sion of the war criminals. More impor- Mr. President, we can assist in the teeing a failure for institution-building tantly, this letter has 72 signatories. creation of conditions for free and fair in Bosnia. By allowing the virtual free The groups that have signed on to this elections. Eliminating the taunts from reign of war criminals, we are not ad- letter are diverse, including, Amnesty the ‘‘Karadzics’’ and the ‘‘Mladics’’ of hering to agreements we made which International, B’nai B’rith, and Doc- Bosnia is the first step. And, no new were designed to achieve success. This tors of the World. initiatives need be diplomatically leaves Bosnians at the mercy of crimi- My second reason for pressing the ur- crafted. We must insist upon enforce- nals and undermines confidence in the gency of pursuing war criminals lies in ment of our agreements made at Day- law. The results, to date, are obvious: the threat to U.S. and NATO credibil- ton. Security Council Resolution 1031 refugees are unable to return to their ity as our threats are made and then charged IFOR with ensuring compli- homes, freedom of movement is se- ignored. These recent occurrences are ance with the Dayton agreement, verely limited due to a continuing so- very reminiscent of the failure of pre- which includes a requirement that all lidification of ethnic camps within the vious peace efforts that spoke loudly parties cooperate with the Tribunal. country, and the conditions for free but carried a little stick. The costs of Article 29 of the Tribunals’ statute sets and fair elections are non-existent. Mr. failed prestige, however, are signifi- forth the various forms of cooperation Cotti, the OSCE Chairman, confirmed cantly higher. Now, it is the resolve of that are due, including ‘‘the identifica- recently that conditions for a free and the U.S. and NATO that is on the line. tion and location of persons,’’ ‘‘the ar- fair vote do not exist. It is essential both to NATO’s long rest or detention of persons,’’ and ‘‘the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8801 surrender of the transfer of the accused Tribunal issued indictments for this agreement, let us not forget one to the International Tribunal.’’ Radovan Karadzic, former President of critical thing: this is their agreement, That said, the resolution that my the Bosnian Serb administration of not ours. It was developed by the par- colleagues and I have put forward is de- Pale, and Ratko Mladic, military com- ties, not imposed by outsiders. They signed to see that our international mander of the Bosnian Serb adminis- have asked other nations, including the agreements are enforced. It calls for tration, charging them with genocide U.S., to help secure the future of that four actions, each of which has already and crimes against humanity, as well agreement. And by signing the agree- been agreed upon in other inter- as numerous other charges outlined in ment, they assured us, NATO, and the national fora. First, it calls for the in- the amendment. Each time, the so- UN Security Council that they will re- creased and continued U.S. support for called ‘‘Republika Srpska’’ and the spect its terms. The Serbs have failed the efforts of the International Crimi- Federal Republic of Yugoslavia have to fulfill their commitments on war nal Tribunal to investigate and bring failed to arrest and turn them over for criminals, and that failure requires a to justice war criminals. Second, it prosecution. tough response. calls for support by the United States Most recently, just 2 weeks ago, the Bringing indicted war criminals to for economic sanctions on the Federal War Crimes Tribunal re-issued inter- justice is a centerpiece of the peace Republic of Yugoslavia and the so- national arrest warrants for Karadzic process. Continued failure to bring called Republika Srpska unless those and Mladic, charging them with geno- Mladic and Karadzic before the Inter- regimes comply with their obligations cide and other crimes against human- national Criminal Tribunal will seri- to apprehend the war criminals. Third, ity. This time, the warrants authorized ously hinder the ability of the parties it calls on the signatories to Dayton their arrest if they cross any inter- to conduct free and fair elections in and those guided by the relevant U.N. national border, and are again based on September, by allowing these war resolutions, to exercise their authority substantial credible evidence of their criminals to remain as the focal point to bring the war criminals to justice. involvement in initiating and/or over- for nationalist fervor and attention, Finally, it calls for the prohibition of seeing some of the worst atrocities of and by allowing them to influence the offending parties, specifically the the war. events there. We must increase the Federal Republic of Yugoslavia and the In my view, it is virtually impossible pressure on those who would seek to so-called Republika Srpska, from ad- for free and fair national elections in undermine the peaceful future of the mission to international organizations Bosnia and Herzegovina to take place former Yugoslavia. This amendment and fora, until these parties comply in September as long as key war crimi- should help, however modestly, to do with their obligations under the Day- nals, including Karadzic and Mladic, that. ton Peace accord. remain at large and able to influence I join Senator LIEBERMAN in his call Mr. WELLSTONE. Mr. President, I political and military developments. to support the request of the President would like to commend Senator Although I acknowledge and commend of the International Criminal Tribunal LIEBERMAN for his initiative in once the effort by Mr. Holbrooke earlier this to reimpose full economic sanctions on again calling to the Senate’s attention month which resulted in the agreement the Federal Republic of Yugoslavia and to the problem of the continued free- to remove Karadzic from office—which on the so-called Republika Srpska, in dom of indicted war criminals in the hopefully will at least remove him accordance with United Nations Secu- former Yugoslavia, by offering this from involvement in the political proc- rity Council Resolutions. These sanc- amendment to the Foreign Operations ess once and for all—the fact that tions should remain in place until bill expressing support for the efforts Mladic was not subject to this agree- Bosnian Serb authorities have fully of the International Criminal Tribunal ment, and that both Mladic and complied with their obligations under in the Hague. Although I have some Karadzic remain free and able to influ- the Dayton accord to cooperate fully questions and concerns about how cer- ence events there remains a serious with the International Criminal Tribu- tain portions of this amendment would problem. As Mr. Holbrooke himself ob- nal. For those who take seriously the be implemented, especially with re- served, the agreement he was able to rule of law, the obligations of justice, spect to the NATO-led Implementation reach fell far short of what he was and the judgments of history, there is Force’s (IFOR) detention of indicted seeking, and far short of the steps nec- no other responsible alternative but to war criminals, I support the part of essary to fully comply with the Peace finally bring these indicted war crimi- this amendment which calls for reim- Agreement which the U.S. is seeking. nals to justice. position of economic sanctions on the This amendment acknowledges that AMENDMENT NO. 5062 so-called Republika Srpska and the the Dayton signatories on the Serb side (Purpose: To state the sense of the Senate on Federal Republic of Yugoslavia unless have ignored their key responsibilities, the delivery by the People’s Republic of and until certain war criminals are de- by refusing to bring indicted war crimi- China of cruise missiles to Iran) livered to the War Crimes Tribunal. nals to justice, and calls for several On page 198, between lines 17 and 18, insert For too long, we in the West have al- steps to force that action. I believe the the following: lowed these indicted war criminals and most prudent course of action is to re- SENSE OF SENATE ON DELIVERY BY CHINA OF their allies to thumb their noses at institute economic sanctions in re- CRUISE MISSILES TO IRAN those who would bring them before the sponse to the failure of the signatories SEC. 580. (a) FINDINGS.—The Senate makes bar of justice. That must not continue. of the Peace Agreement to detain these the following findings: (1) On February 22, 1996, the Director of All of the signatories to the Dayton individuals, and convey them to the Central Intelligence informed the Senate accord agreed to meet certain obliga- Hague. That is the most substantial le- that the Government of the People’s Repub- tions, one of which was to ensure full verage we now have in the West over lic of China had delivered cruise missiles to and effective implementation of the these people, and it is time to use it. Iran. agreement ‘‘to cooperate in the inves- After careful consideration, almost a (2) On June 19, 1996, the Under Secretary of tigation and prosecution of war crimes year ago I supported the participation State for Arms Control and International Se- and other violations of international of U.S. peacekeepers in the NATO curity Affairs informed Congress that the humanitarian law.’’ That obligation peacekeeping mission in Bosnia. I did Department of State had evidence of Chi- nese-produced cruise missiles in Iran. must be borne squarely by the Federal so because I believed then and I believe (3) On at least three occasions in 1996, in- Government of Yugoslavia. So far, even now that the Dayton Agreement was cluding July 15, 1996, the Commander of the in the face of recent intense pressure the best, and probably the last, chance United States Fifth Fleet has pointed to the from U.S. Envoy Richard Holbrooke, for peace in the region. Although not threat posed by Chinese-produced cruise mis- Milosevic has refused to budge on this yet fully implemented, it has proven to siles to the 15,000 United States sailors and question, and to apply sufficient pres- be successful in stopping a brutal civil marines stationed in the Persian Gulf region. (4) Section 1605 of the Iran-Iraq Arms Non- sure on his Bosnian Serb allies to allow war and given the parties a chance to Proliferation Act of 1992 (title XVI of Public these war criminals to be arrested and recover, rebuild their cities and rebuild Law 102–484; 50 U.S.C. 1701 note) both re- brought to the tribunal to face charges. their nations. quires and authorizes the President to im- On two separate occasions since July But even though we have played a pose sanctions against any foreign govern- of last year, the International Criminal key role in developing and carrying out ment that delivers cruise missiles to Iran. S8802 CONGRESSIONAL RECORD — SENATE July 25, 1996 (b) SENSE OF SENATE.—It is the sense of the whether a cruise missile is an advanced record, the administration has yet to Senate that— conventional weapon. take any action, or impose any price (1) the Government of the People’s Repub- The Sense of the Senate amendment against a nation that is providing lic of China should immediately halt the de- I have offered along with my distin- livery of cruise missiles and other advanced cruise missiles to a terrorist nation. conventional weapons to Iran; to guished colleague from New York, Sen- Mr. President, recently Congress sent (2) the President should enforce all appro- ator D’AMATO, is very simple. It merely to President Clinton the Iran oil sanc- priate United States laws with respect to the calls on the Chinese authorities to tions act. I know my good friend from delivery by that government of cruise mis- cease deliveries of cruise missiles to New York, Senator D’AMATO, has siles to Iran. Iran. Second, it calls on the President worked very hard on this legislation. Mr. PRESSLER. Mr. President, last to enforce the law. Nothing more. He is to be commended for his efforts. November, Vice Admiral Scott Redd, Frankly, action from the Adminis- I hope the President will sign it. tration is long overdue. After Admiral Commander of the United States Fifth Clearly, if we are going to get tough Redd reported the test firing last Janu- Fleet in the Persian Gulf, revealed that on those who buy Iranian oil, we should ary, I and three of my colleagues—the Iran had begun developing an inte- get even tougher on those who sell ad- distinguished Chair of the Banking grated ship, submarine, missile, and vanced cruise missiles to the Iranians. Committee, Senator D’AMATO; the dis- mine capability in the Persian Gulf. We owe that to our friends and allies tinguished Senator from Florida, Sen- The missile component was to be a new who utilize the Persian Gulf to further ator MACK; and the distinguished Chair type of Chinese-made cruise missile— their commercial interests. Most im- of the Intelligence Committee, Senator known as the C–802 missile. It is an portant, we owe that to Admiral Redd SPECTER—sent a letter to the Presi- anti-ship cruise missile. It is about 20 and all of our fine men and women dent, urging that the Gore-McCain law feet long, has a range of 75 miles and serving our country in the Persian be enforced. Simply put, we urged the carries a 350 pound warhead. This is a Gulf. That’s why we should pass this President to impose sanctions, or low flying, turbojet-powered, cruise amendment. missile. This is a highly advanced con- waive them if he deemed that nec- ventional weapon in every sense. It can essary. That letter was dated January I ask unanimous consent that the evade radar and will make any missile 31, 1996—nearly 6 months ago. The letter I mentioned earlier be printed in offensive launched by the Iranian Navy President has not taken any action in the RECORD. difficult to track. At that time, it was response to this letter. I will ask unan- There being no objection, the letter reported that these missiles would be imous consent later that a copy of this was ordered to be printed in the deployed on patrol boats, also provided letter to President Clinton appear in RECORD, as follows: by China. In addition, news reports in- the RECORD at the conclusion of my re- U.S. SENATE, dicated that Iran was seeking a land- marks. Washington, DC, January 31, 1996. based version of the C–802 from China. Our letter apparently was not the The PRESIDENT, In January, Admiral Redd reported first call for action. According to a The White House, Washington, DC. that Iran had test fired a C–802 missile. story that appeared in the Washington DEAR MR. PRESIDENT: It has come to our The Admiral noted that this new weap- Times on February 10, 1996, the Penta- attention that Iran recently test-fired a new, on, in the hands of the Iranians rep- gon recommended to Undersecretary of low-flying cruise missile. This missile was resented a ‘‘new threat dimension’’ to State Davis that the Clinton Adminis- identified as a C–802 anti-ship missile, which the many tankers and ships that use tration declare China in violation of is produced by the People’s Republic of the Persian Gulf as a commercial ship- Federal law for exporting advanced China (PRC). If that is the case, we believe ping lane, and of course, to the 15,000 cruise missiles to Iran. When was that sanctions may have to be imposed against Americans—sailors, marines, and air- recommendation made? Last Septem- the appropriate parties in the PRC pursuant men—in the Persian Gulf. ber—10 months ago. to federal law. This warrants your imme- Last February 22nd Dr. John Deutch, I have been quite outspoken about diate attention. the Director of Central Intelligence, Chinese weapons proliferation activi- As you may know, today’s New York Times reported that the Iranian Navy test told the Senate Select Committee on ties this past year. Sadly, there has fired a C–802 cruise missile from the northern Intelligence that the intelligence com- been too much to talk about. I referred Arabian Sea on January 6, 1996. Vice Admiral munity ‘‘continues to get accurate and earlier to the testimony by Director Scott Redd, Commander-in-Chief of the Unit- timely information’’ on ‘‘cruise mis- Deutch last February. In his testi- ed States Fifth Fleet, stated that the C–802 siles to iran.’’ And, on June 19 Under- mony, Director Deutch noted that the adds a ‘‘new dimension’’ to Iran’s military secretary of State Lynn Davis—the People’s Republic of China also had capabilities against free shipping in the Per- State Department’s senior non-pro- transferred nuclear technology and M– sian Gulf. This mobile missile can evade liferation official—told the House 11 missiles to Pakistan—both radar and will make any missile offensive launched by the Iranian Navy difficult to International Relations Committee sanctionable offenses under Federal track. law. The M–11 transfer, in particular, is that the federal government has Mr. President, Title XVI of the Fiscal Year ‘‘evidence″ that Chinese cruise missiles quite disturbing because the Clinton 1993 Department of Defense Authorization are in Iran. administration obtained a written Bill contains the Iran-Iraq Non-Proliferation So, Mr. President, there is no doubt agreement from China in September Act. This act provides for sanctions against that Chinese cruise missiles are in 1994, which stated that China would any persons and countries respectively, that Iran. Further, I do not expect anyone cease transferring ballistic missiles transfer certain advanced conventional would disagree with Admiral Redd’s as- and related technology to Pakistan. Fi- weapons to Iran. The act also defines ad- sessment that these advanced weapons nally, this week, it was reported that vanced conventional weapons to include represent an immediate and real threat China may have transferred ballistic ‘‘long-range precision-guided munitions’’ and ‘‘cruise missiles.’’ to our interests and most important, to missile guidance systems to Syria, Clearly, Admiral Redd’s acknowledgement our fellow Americans in the Gulf. which if true would be sanctionable of the C–802 test-firing would appear to be an Mr. President, in 1992 Congress under Federal law as well. official recognition of an illegal transfer to passed the Iran-Iraq Arms Non-pro- This is quite a track record of pro- Iran of advanced conventional weapons by liferation Act of 1992. It is commonly liferation, Mr. President. It is a track Chinese defense industrial trading compa- known as the Gore-MCCAIN act—for the record that is fostering instability in nies. Please inform us as soon as possible of honorable former Senator from Ten- South Asia and the Middle East. It is a your intention either to enforce the sanc- nessee, now Vice President of the Unit- track record that has put the lives of tions pursuant to federal law, or to seek a ed States; and the distinguished senior our troops in the region in even greater waiver. senator from Arizona. Their legislation danger. Congress has provided the tools Thank you for your attention to this vital calls for very severe sanctions against for the Executive Branch to punish national security matter. Sincerely, companies and countries that know- weapons proliferators. Our Nation’s LARRY PRESSLER. ingly transfer advanced conventional non-proliferation policy is based on a ARLEN SPECTER. weapons to Iran. ‘‘Knowingly’’ is not at simple premise: proliferation carries a ALFONSE D’AMATO. issue here; nor is there a question of heavy price. Yet, even with this track CONNIE MACK. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8803 AMENDMENT NO. 5063 The PRESIDING OFFICER. Without nology that would violate the MTCR; (Purpose: To state the sense of the Senate on objection, it is so ordered. and third, it calls on the President to delivery by China of ballistic missile tech- (See exhibit 1.) exercise all legal authority to prevent nology to Syria) Mr. PRESSLER. Specifically, our in- the spread of ballistic missiles and re- On page 198, between lines 17 and 18, insert telligence sources noted that last lated technology to Syria. That’s all the following: month a defense industrial trading my amendment calls for, Mr. Presi- SENSE OF SENATE ON DELIVERY BY CHINA OF company—the China Precision Machin- dent. I’m sure all of my colleagues BALLISTIC MISSILE TECHNOLOGY TO SYRIA ery Import-Export Corp.—delivered would agree with each of those points. SEC. 580. (a) FINDINGS.—The Senate makes military cargo to the Scientific Stud- I’m sure my colleagues will agree that the following findings: ies and Research Center in Syria. (1) Credible information exists indicating the MTCR agreement and the laws we that defense industrial trading companies of China Precision Machinery is to mis- pass to enforce it mean nothing unless the People’s Republic of China may have sile production what McDonald’s is to enforced vigorously. transferred ballistic missile technology to burger production. In fact, the United I’m sure my colleagues also would Syria. States had imposed sanctions twice agree that any effort by Syria to ex- (2) On October 4, 1994, the Government of against China Precision Machinery—in pand its ballistic missile capability the People’s Republic of China entered into a 1991 and 1993. In 1993, the firm shipped represents a direct and clear threat to written agreement with the United States M–11 ballistic missile technology to pledging not to export missiles or related our friend and ally, Israel. Just as im- technology that would violate the Missile Pakistan—a violation of the so-called portant, it could threaten current ef- Technology Control Regime (MTCR). Missile Technology Control Regime, or forts to achieve a lasting, secure peace (3) Section 73(f) of the Arms Export Con- MTCR. The MTCR sanctions were lift- in the region. The people of Israel trol Act (22 U.S.C. 2797(f)) states that, when ed 1 year later after China promised know all too well what it feels like to determining whether a foreign person may the United States it would not export be on the receiving end of a ballistic be subject to United States sanctions for M–11’s or related technology. If the missile attack. The people of Israel transferring technology listed on the MTCR Syrian missile deal proves to be true, it looked to us to stand by them during Annex, it should be a rebuttable presumption would represent a clear violation of that such technology is designed for use in a the Gulf War to withstand the Scud as- missile listed on the MTCR Annex if the both the MTCR and the 1994 agree- saults on their country. We did stand President determines that the final destina- ment. by them. tion of the technology is a country the gov- The Syrian firm that was reported to The Gulf War is now a memory, but ernment of which the Secretary of State has have received the cargo is the heart of the threat and reality of a ballistic determined, for purposes of section 6(j)(1)(A) Syria’s efforts to produce ballistic mis- missile attack remains. We should still of the Export Administration Act of 1979 (50 siles, and other advanced conventional stand by Israel. The best way we can do U.S.C. App. 2405(j)(1)(A)), has repeatedly pro- arms. The firm is reported to be build- so is to enforce the MTCR agreement— vided support for acts of international ter- ing a version of the Scud C ballistic to ensure that those who engage in rorism. (4) The Secretary of State has determined missile. If Syria has received M–11 re- missile proliferation will pay a heavy under the terms of section 6(j)(1)(A) of the lated technology, that would represent price. That’s what my amendment calls Export Administration Act of 1979 that Syria a significant technological upgrade in for. has repeatedly provided support for acts of Syria’s ballistic missile capability. No EXHIBIT 1 international terrorism. doubt, it would destabilize a region [From the Washington Times, Feb. 10, 1996] (5) In 1994 Congress explicitly enacted sec- struggling to achieve peace. CIA SUSPECTS CHINESE FIRM OF SYRIA tion 73(f) of the Arms Export Control Act in Our weapons proliferation laws are MISSILE AID order to target the transfer of ballistic mis- based on a simple premise —prolifera- sile technology to terrorist nations. (By Bill Gertz) (6) The presence of ballistic missiles in tion carries a price. Traditionally, The Chinese manufacturer of M–11 missiles Syria would pose a threat to United States sanctions under the MTCR are imposed sent a shipment of military cargo to Syria armed forces and to regional peace and sta- only after a clear determination has last month that the CIA believes may have bility in the Middle East. been made that a specific violation has contained missile-related components, agen- (b) SENSE OF SENATE.—It is the sense of the taken place. However, in 1994 Congress cy sources said. Senate that— The CIA detected the delivery to Syria (1) it is in the national security interests passed legislation I sponsored that early in June from the China Precision Ma- of the United States and the State of Israel would lower the standard of proof when chinery Import-Export Corp., described as to prevent the spread of ballistic missiles a suspected transfer goes to a nation ‘‘China’s premier missile sales firm.’’ and related technology to Syria; that supports international terrorism. The suspect military delivery raises ques- (2) the Government of the People’s Repub- Clearly, any MTCR violation is very tions about China’s pledge to the United lic of China should continue to honor its troublesome—to the United States and States in 1994 not to export missiles or mis- agreement with the United States not to ex- the other 30 nations that are co-signers sile components that would violate the Mis- port missiles or related technology that of the agreement. However, our law is sile Technology Control Regime. would violate the Missile Technology Con- It also follows China’s recent export of nu- trol Regime; and clear—when missiles or missile tech- clear-weapons technology to Pakistan in vio- (3) the President should exercise all legal nology are being sent to a terrorist lation of U.S. anti-proliferation laws, which authority available to the President to pre- country, far more swift action is nec- was disclosed by The Washington Times in vent the spread of ballistic missiles and re- essary. In that case, the President need February. lated technology to Syria. not wait for conclusive evidence—he The Syrian company that received the Chi- Mr. PRESSLER. Mr. President, the can impose sanctions and compel the nese cargo was identified as the Scientific amendment I have offered along with Studies and Research Center, which conducts sanctioned country to come forward to work on Syria’s ballistic missiles, weapons my friend and colleague from New prove it has not violated the MTCR. of mass destruction and advanced conven- York, Senator D’AMATO, is very simple. The reason for this lower standard is tional arms programs, the CIA said in a clas- I offer it in response to recent reports obvious—we need to be far more ag- sified report circulated to senior U.S. offi- that China has shipped ballistic missile gressive to ensure ballistic missiles cials. technology to Syria. This was first re- and related technology do not fall into The Syrian center is in charge of programs ported in the July 23rd edition of the the hands of terrorist elements. to build Scud C ballistic missiles and a pro- Let me make clear that the amend- gram to upgrade anti-ship missiles. Washington Times. I’m sure all my col- U.S. intelligence agencies said the Syrian leagues agree that this is a very seri- ment I have offered today does not center has received help from the China Pre- ous allegation. It is the latest dark make any firm conclusions about the cision Machinery Import-Export Corp. in re- chapter in what certainly is a trouble- reported transfer from China to Syria. cent years for both missile programs. some year for nonproliferation advo- It simply makes three key points: ‘‘The involvement of CPMIEC and the Syr- cates. First, it is in our Nation’s national se- ian end user suggests the shipments [last Mr. President, I ask unanimous con- curity interest to prevent the spread of month] are missile-related,’’ one source said. sent that the Washington Times story ballistic missiles and related tech- The exact nature of the equipment was not identified, but it was described as ‘‘special just mentioned be printed in the nology to Syria; second, it calls on and dangerous,’’ the source said. RECORD at the conclusion of my re- China to honor its 1994 agreement not CIA and State Department spokesmen de- marks. to export missiles or related tech- clined to comment. S8804 CONGRESSIONAL RECORD — SENATE July 25, 1996

Chinese officials promised the State De- REFUGEE STATUS FOR ADULT CHILDREN OF former prisoners would no longer be per- partment in 1994 not to export M–11s or their FORMER VIETNAMESE REEDUCATION CAMP IN- mitted to accompany their parents to the technology in exchange for a U.S. agreement TERNEES RESETTLED UNDER THE ORDERLY U.S. Since then, approximately 3,000 unmar- to lift sanctions against Chinese Precision DEPARTURE PROGRAM ried adult children of former prisoners have Machinery and the Pakistani Defense Min- SEC. . (a) ELIGIBILITY FOR ORDERLY DE- been stripped from existing cases and denied istry, which were involved in M–11-related PARTURE PROGRAM.—For purposes of eligi- resettlement. Their parents, former reeduc- transfers. bility for the Orderly Departure Program for tion camp prisoners, waited years for their The missile-control agreement bars trans- Nations of Vietnam, an alien described in casework to be processed and relied on the fers of missiles and technology for systems subsection (b) shall be considered to be a ref- promise of refuge for their entire family. that travel farther than 186 miles and carry warheads heavier than 1,100 pounds. Trans- ugee of special humanitarian concern to the Now these former prisoners are being asked fers of both the Chinese M–11 and Syria’s United States within the meaning of section to leave their children behind to an uncer- Scud C are banned under the accord. 207 of the Immigration and Nationality Act tain fate. Syria has purchased Scud C missiles in the (8 U.S.C. 1157) and shall be admitted to the Your amendment represents a just and past from North Korea and is working on de- United States for resettlement if the alien practical approach to this group of refugees. veloping production capabilities for them, would be admissible as an immigrant under These refugees need their adult children to according to U.S. officials. the Immigration and Nationality Act (except help them resettle successfully; they are The delivery of Chinese missiles or compo- as provided in section 207(c)(3) of that Act). older and some are not in good health. Their nents to Syria, if confirmed, would trigger (b) ALIENS COVERED.—An alien described in children would help make their resettlement sanctions against China because Syria is this subsection is an alien who— economically, as well as emotionally, viable. classified by the State Department as a state (1) is the son or daughter of a national of sponsor of international terrorism. Vietnam who— The IRC fully supports your efforts to William C. Triplett, a China specialist and (A) was formerly interned in a reeducation overturn this arbitrary and unfair policy. former Republican counsel for the Senate camp in Vietnam by the Government of the Sincerely, Foreign Relations Committee, said the ad- Socialist Republic of Vietnam; and ROBERT P. DEVECCHI, (B) has been accepted for resettlement as a ministration does not need hard evidence to President. impose sanctions because the sales involved refugee under the Orderly Departure Pro- Syria. gram on or after April 1, 1995; A 1994 amendment to the Arms Export (2) is 21 years of age or older; and MIGRATION AND REFUGEE SERVICES, Control Act, sponsored by Sen. Larry Pres- (3) was unmarried as of the date of accept- OFFICE OF THE EXECUTIVE DIRECTOR, sler, South Dakota Republican, says the ance of the alien’s parent for resettlement Washington, DC, July 17, 1996. president may presume a transfer violates under the Orderly Departure Program. Hon. JOHN MCCAIN, the 31-nation missile-control agreement if it (c) SUPERSEDES EXISTING LAW.—This sec- U.S. Senate, Washington, DC. goes to a nation that supports terrorism. tion supersedes any other provision of law. DEAR SENATOR MCCAIN: On behalf of the ‘‘If it goes to a terrorist country, we con- Mr. MCCAIN. Mr. President, the sider that a much more significant event United States Catholic Conference, I would amendment I am offering reinstates like to express our deep appreciation for than if it goes some other place,’’ Mr. Trip- the eligibility for resettlement in the lett said. your ongoing support for the Indochinese ref- China Precision Machinery already is United States of the adult married ugee program. We support your Amendment under intense scrutiny within the U.S. gov- children of Vietnamese reeducation to H.R. 3540 which reinstates derivative refu- ernment over the earlier M–11 sales to Paki- camp detainees. gee status to the unmarried adult children of stan. Last April the State Department de- former reeducation camp prisoners. Alleviat- U.S. intelligence agencies concluded ear- clared that the unmarried adult chil- ing the suffering of those imprisoned for aid- lier this year that Chinese M–11s are oper- dren of reeducation camp detainees ing the purposes of the United States in ational in Pakistan, but the State Depart- Vietnam has made the former re-education ment is challenging the intelligence conclu- would no longer be considered for de- rivative refugee status under the Or- camp prisoner program the core of the Indo- sion to avoid having to impose sanctions on chinese refugee program. China. derly Department Program [ODP]. In U.S.-China relations have been strained short, it said these people, roughly Since completion of negotiations with the over Beijing’s proliferation activities, as 3,000 people, would be permitted to Vietnamese government in 1989, about 150,000 well as disputes concerning human rights former prisoners and their families have suc- and widespread copyright infringement. come to the United States only under cessfully resettled in the United States. In May, the Clinton administration decided worldwide refugee standards and that However, in April 1995, the Department of not to impose sanctions on China for violat- any special obligation we may have State announced that adult unmarried chil- ing U.S. anti-proliferation laws with sales of had to them had effectively been ful- dren of former prisoners would no longer be nuclear weapons technology to Pakistan be- filled. The amendment I am offering permitted to accompany their parents to re- cause Chinese officials claimed they did not settlement. This arbitrary change in policy know the sale took place. corrects this by once again making China Precision Machinery has been them eligible under the ODP. It has affects approximately 3,000 adult children, slapped with U.S. economic sanctions twice been evaluated by the Congressional many of whom remained unmarried in order in the past. The Bush administration in 1991 Budget Office, and I am informed that to qualify to accompany their parents. This inhumane decision to force apart long suffer- sanctioned the company, which is part of the it will have no significant budgetary official Chinese government defense-indus- ing families should not be allowed to taint trial complex, for selling missile technology impact. the final stages of this dignified program. to Pakistan. Sanctions also were imposed in The amendment has the support of the Catholic Conference and Refugees Your Amendment, which restores the 1993, again for the transfer of M–11 tech- original policy, is not only just but also rep- nology. International. I ask unanimous consent resents practical resettlement policy, as the Kenneth Timmerman, director of the con- that letters from these organizations aging former prisoners would have a much sulting firm Middle East Data Project, said supporting the amendment be printed better possibility of establishing an eco- the Syrian center that received the June in the RECORD. nomically viable family unit if their unmar- shipments from China is a major agency in- There being no objection, the letters ried adult children were permitted to accom- volved in weapons research, procurement and pany them. production. were ordered to be printed in the Mr. Timmerman said that North Korea and RECORD, as follows: Thank you again for your commitment to China have helped to build two missile-pro- INTERNATIONAL RESCUE COMMITTEE, this special group of refugees. duction centers in Syria and that Syrian New York, NY, July 25, 1996. Sincerely, missile technicians have been trained in Hon. JOHN MCCAIN, JOHN SWENSON, China. U.S. Senate, Executive Director. Israel’s government said in 1993 that Chi- Washington, DC. nese technicians were working in Syria to DEAR SENATOR MCCAIN: I am writing to ex- develop production facilities for missile- REFUGEES INTERNATIONAL, press the International Rescue Committee’s Washington, DC, July 10, 1996. guidance systems, according to Mr. deep appreciation for your amendment to Hon. JOHN MCCAIN, Timmerman. H.R. 3540 which reinstates refugee status to U.S. Senate, Washington, DC. AMENDMENT NO. 5064 adult children of former reeducation camp (Purpose: To treat adult children of former prisoners in the Orderly Departure Program. DEAR SENATOR MCCAIN: Thank you for internees of Vietnamese reeducation Since 1989, about 150,000 former prisoners your Amendment to H.R. 3540, to reinstate camps as refugees for purposes of the Or- and their families have successfully resettled refugee status to adult children of former in- derly Departure Program) in the United States through the ODP. How- ternees. Granting refugee status to family At the appropriate place, insert the follow- ever, in April 1995, the Department of State members, especially unmarried adult chil- ing: announced that adult unmarried children of dren, who are vulnerable to persecution, has July 25, 1996 CONGRESSIONAL RECORD — SENATE S8805 been, and continues to be, of utmost impor- I would like to make my case for this their children have made life decisions, tance. Refugee status is the only way to in- amendment in part by addressing these such as refraining from marriage, clude these children into the Orderly Depar- points one at a time. based on the requirements of a pro- ture Program. Since its establishment in On the first point, the assertion that gram which has now changed its eligi- 1975, the program has allowed 150,000 pris- ‘‘there is no evidence that . . . the oners and their families to resettle here suc- bility standards. cessfully. When the Department of State adult children of former detainees are I would like to close by commending changed the eligibility criteria of this pro- subject to official persecution based on the committee for addressing this issue gram, it jeopardized the possibility of U.S. their parents’ association with the in their report. Indeed, as stated in the resettlement for thousands of former pris- former South Vietnamese govern- committee report on the bill: ‘‘It was oners and their families. By reinstating the ment,’’ I should point out that the new not the original intent of the program established U.S. policy allowing for the re- State Department report on human [ODP] to see the former prisoners sepa- settlement of former prisoners with their rights, which covers the time period in rated from their family in such a man- married, adult children, the successful reset- which this decision was made, does cite tlement of these former prisoners might be- ner.’’ come a reality. a limited degree of discrimination en- The United States has a special obli- Approximately 3,000 unmarried adult chil- countered by these families. gation to those Vietnamese who have dren of former prisoners have been stripped On the second point, the problem been persecuted for their association from existing cases and denied resettlement with fraud, I believe fraud has always with the United States and the cause of since April 1995. Many of these children have been a problem in administering U.S. freedom for which we fought. They cer- remained unmarried to qualify for resettle- immigration policy or any other Gov- tainly deserve, at the very least, the ment together with their parents and sib- ernment program. The fact is that the benefit of a consistent, compassionate lings. These children would suffer from the world is still brimming with people persecution they would undoubtedly face in admission policy for themselves and Vietnam; meanwhile, their parents would who want to make a better life for their families. once again be victimized. After waiting years themselves in the United States, and AMENDMENT NO. 5065 for their casework to be processed and rely- many times they will say and do what- At the appropriate place in the bill insert ing on the promise of refuge for the entire ever it takes to achieve their dream. It the following, family, these former prisoners are now being is the task of our immigration policy SEC. . 90 days after the date of enactment asked to leave their children behind to an to identify fraud and disqualify in- of this Act, and every 180 days thereafter, uncertain fate. Furthermore, these former tended immigrants appropriately. The the Secretary of State, in consultation with prisoners need their adult children to help existence of fraud, however, is no rea- the Secretary of Defense, shall provide a re- them resettle successfully; they are older son to exclude an entire class of pro- port in a classified or unclassified form to and some are not in good health. Their chil- the Committee on Appropriations including dren would help make their resettlement spective immigrants who merit consid- the following information: economically, as well as emotionally, viable. eration. This seems to me very unfair (a) a best estimate on fuel used by the By pressing to reinstate the former U.S. to those with legitimate claims. If the military forces of the Democratic People’s policy allowing reeducation camp internees existence of fraud is a reason to shut Republic of Korea (DPRK); to resettle with their adult, unmarried chil- down a class of eligibility, I am not (b) the deployment position and military dren, you have taken a step forward to help sure any immigration program on the training and activities of the DPRK forces a truly vulnerable group. books could pass muster. and best estimate of the associated costs of Thank you for your continued interest in these activities; the plight of these and all Indochinese refu- On the third point, the need to bring the ODP program to a close, I would (c) steps taken to reduce the DPRK level of gees. forces; and Sincerely, appeal to principle. ODP was designed (d) cooperation, training, or exchanges of LIONEL A. ROSENBLATT, to fulfill a special obligation we have information, technology or personnel be- President. to those who identified themselves tween the DPRK and any other nation sup- Mr. MCCAIN. Under current policy, with our cause during the war in Viet- porting the development or deployment of a since the change, Vietnamese nationals nam. It should remain open until we ballistic missile capability. who are able to establish that they have fulfilled our commitment to the Mr. McCONNELL. Mr President, one were imprisoned for the 3 years in Viet- fullest extent. It should not be brought amendment is by Senator INOUYE, with nam as a result of their connection to a close prematurely by changing eli- a colloquy between Mr. PRESSLER and with the Republic of Vietnam or the gibility requirements. The former re- myself; an amendment by Senator KYL United States war effort in Vietnam education camp detainee sub-program regarding legal reform in Ukraine; an are admitted to the United States as of ODP is 90 percent complete. It is not amendment by Senator LIEBERMAN re- refugees. Permitted to accompany fair to those who are left—those who garding war crimes tribunal; an amend- them are their spouses and unmarried have waited the longest—to be told ment by Senator PRESSLER regarding sons and daughters under the age of 21. that they can either drop out of the PRC and Iran missile transfer; a PRES- However, in many cases, these former program or leave their adult children SLER amendment with reference to prisoners have only adult children and behind. Syria; a McCain amendment regarding have suffered so terribly from their im- If the original policy is not restored, ODP; an amendment by myself relating prisonment or are of sufficient age that these children will have to wait at a to Korea. they require their assistance. From the minimum 6 years before immigrating For all Members of the Senate, I say inception of ODP until last April, this to the United States to care for their that with the disposition of the amend- situation was accommodated, as was parents. ments that we are currently aware of, the imperative to keep families to- I was assured by the State Depart- we are almost completed. Other than gether, by allowing adult unmarried ment last year that in response to my the amendments which have been laid children—over the age of 21—to immi- concern and the concerns of others, down, I am not aware of any other grate with them to the United States. that ‘‘INS and ODP (would) remain amendments upon which we will have The State Department has cited sev- alert to individual cases in which there to have votes. So we are getting close eral reasons for removing their eligi- are significant humanitarian reasons to the end of the line here. bility. Among those listed in a letter to for allowing an aged-out son or daugh- The PRESIDING OFFICER. The me were: First, the assertion that the ter to accompany the principal appli- question is on agreeing to the amend- sons and daughters of former prisoners cant.’’ Although this assurance was ments, en bloc. no longer face persecution as a result made with some qualifiers, I accepted The amendments (Nos. 5059 through of their parents’ association with the it. I am informed now, however, that 5065), en bloc, were agreed to. former South Vietnamese government. exceptions have not, in fact, been Mr. McCONNELL. Mr. President, I Second, the persistent problem of fraud made. move to reconsider the vote, and I associated with claims. Third, and the It is very important to many former move to lay that motion on the table. need to complete resettlement of the detainees that their adult children be The motion to lay on the table was current case load in order to bring the permitted to emigrate with them, often agreed to. program to a close and into conformity because of their advanced age or dete- Mr. McCONNELL. Mr. President, it is with worldwide refugee procedures. riorating health. Additionally, many of my understanding that Senator BOND S8806 CONGRESSIONAL RECORD — SENATE July 25, 1996 is on the way to use his 5 minutes just So, Mr. President, I have a long his- be voting in a few minutes would arbi- prior to the Hatfield-Dorgan vote. tory of being involved in NATO. I have trarily cut out all but a few select I yield to Senator NUNN. written at least three reports on countries in the world. Many other AMENDMENT NO. 5058 NATO, and I really think it may be countries would argue that perhaps Mr. NUNN. Mr. President, I will just time to remind the Senate of the Unit- even the United States could not meet take a moment at this juncture, be- ed States about that history. I am pre- these standards. There is yet to be a cause I know the Brown amendment pared to do so. I normally do not like clear definition of a political prisoner will be laid aside. My friend from Colo- to take the time of the Senate. But on or what constitutes aggression under rado has indicated he will be willing to an amendment of this magnitude, international law or discrimination on work with me and Senator BIDEN on where we are making findings, it would the basis of race, religion on gender. troubling language in this amendment. be entirely inappropriate for the Sen- Very few countries have a history of I think it is essential to work out the ate to vote on this without having a elective democracy such as ours. We troubling language. very keen reminder of the history of are not against the intent of this There are several paragraphs that are NATO and what the alliance is all amendment, but I think it puts overly indeed troubling here. I say that with about. That may take several hours, restrictive limitations on the adminis- this background: On June 27, I pro- maybe even several days. tration and on our military and eco- posed an amendment on the floor and I am hoping that we will be able to nomic sectors. worked with Senator MCCAIN and, as I eliminate the provisions in the Brown There are over 40,000 export licenses recall, Senator COHEN and others in of- amendment that answer the serious for munitions issued per year which we fering the amendment posing a sub- questions without any intervening re- may very well have to review on a stantial and very important series of port from the administration, and all case-by-case basis above and beyond questions to the administration, to the in a 2-week period after the Senate has what the executive branch already President, to answer regarding NATO gone on record, I believe unanimously, does. enlargement. in favor of posing these serious ques- Some of our NATO allies would be Now, Mr. President, I recall once tions in a serious way. called into question. For example, Tur- coming in on the floor when I was a I will be glad to work with my friend key, as well as our long-term friends much younger Senator and watching from Colorado. I know the Senator like Israel who might be challenged on the esteemed Senator from Minnesota, from Delaware, Senator BIDEN, has the basis of the treatment of Palestin- Senator Humphrey, propose a series of some questions himself that we will be ian terrorists, or political prisoners. questions to the floor manager of the glad to work on. I see the Senator from Spain can be attacked on the basis of bill, and without ever pausing, and I Missouri on the floor. I wanted to let its treatment of Basques, or perhaps think without realizing it, having said my colleague know that this is a seri- even England for its quagmire with the that he had to have the answer to these ous amendment about a serious subject IRA. Saudi Arabia and Egypt could be questions before he voted on the meas- matter. I have serious reservations adversely affected by this amendment. ure that was pending, he proceeded to about the way the amendment is now Where we have not had contact in answer his own questions and to come drafted. I will be glad to work with my countries like Cuba, communism con- out on one side of the issue in a very friend from Colorado on the amend- tinues to flourish in spite of our ever decisive way. He answered his own ment. increasingly restrictive sanctions. questions, and nobody else intervened, Mr. McCONNELL. Mr. President, the They are not working there. This and he solved his own problem. Senator from Missouri is on the floor amendment would not prevent the pro- Mr. President, I don’t think we ought to claim his 5 minutes prior to the vote curement of weapons. It would allow to do that regarding the questions that on the Hatfield-Dorgan amendment. the procurement of weapons from pos- have been posed in a serious way. Therefore, I ask unanimous consent sibly rogue states and arbitrarily lock These questions were posed to the ad- that, at 5:55, the Senate proceed to us out of a major conduit of foreign ministration on June 27 by a unani- back-to-back rollcall votes, first a 15- policy. mous vote in the Senate. A number of minute rollcall vote on the Hatfield- Mr. President, this is a very serious paragraphs in the Brown amendment Dorgan amendment, and that the sec- amendment. Its effect would be to im- would answer those questions only 2 ond amendment be a 10-minute rollcall mobilize the administration from nor- weeks later, without any kind of ana- vote on the Domenici amendment. mal conduct of its foreign policy, trade lytical report, or any kind of thought The PRESIDING OFFICER. Without policy, and military policy as it would process even, by the administration. objection, it is so ordered. create lists of countries for congres- I don’t believe we were posing these Mr. BOND addressed the Chair. sional approval every year and then questions to ourselves. I think we were The PRESIDING OFFICER. The Sen- await for approval each year. Each posing them to the administration and ator from Missouri is recognized. year this body would be tied up in the asking them seriously to answer them. AMENDMENT NO. 5045 process of giving a country-by-country So I hope that we can not have some of Mr. BOND. I thank the Chair and the approval needlessly antagonizing coun- the findings that are in the Brown managers of the bill. I rise in opposi- tries who support our policies. And it amendment, and particularly the para- tion to the Dorgan-Hatfield amend- will most likely not affect the trade graph in that amendment which states ment. I have great respect for both of policies of our competitors, including in paragraph 4 on section 4, page 8: the sponsors of this amendment. I can allies. There will be no reduction in The process of enlarging NATO to include sympathize with their objectives. I arms sales—only in U.S. businesses, emerging democracies in Central and East- think they are operating from the no- jobs and, most importantly, U.S. influ- ern Europe should not stop with the admis- blest of motives. Once again, I believe ence. sion of Poland, Hungary, and the Czech Re- that this amendment causes far more The influence extends beyond busi- public as full members of the NATO Alli- problems than it solves. The current ness and military interests. It extends ance. Arms Export Control Act requires the to our ability to work diplomatically These countries are all doing well executive branch to assure that any and subtly across all policy issues. The and should be considered as NATO sales are in the interest of the foreign world has changed, continues to members under the due process that policy of the United States. When the change. The Communist monolith is has been set forth. But for the Senate executive branch decides to go forth crumbling. But the fact is that the of the United States to decide and with a sale, the Congress is notified countries with whom we have had a de- imply that that already has been de- and reviews the sale. Modifications to fense relationship are in general gravi- cided, which is what this amendment sales or a withdrawal of the sale re- tating towards more democratic politi- does, it seems to me is answering the quest has occurred because of these cal systems and market-oriented question, the serious question, with no congressional reviews. Pakistan is one economies. analytical process at all and without such example. There is no empirical evidence that consulting the administration or our Now, the restrictive nature of the by unilaterally denying ourselves ac- partners in NATO. amendment on which we are going to cess to other countries’ military and July 25, 1996 CONGRESSIONAL RECORD — SENATE S8807 political infrastructures that we have question now occurs on the amendment The PRESIDING OFFICER. Without had or will have any positive impact on of the Senator from New Mexico [Mr. objection, it is so ordered. democratizing them or improving their DOMENICI]. The yeas and nays have Mr. BROWN. Mr. President, we have human rights records. been ordered. been working in the interim to try to The legislation is counterproductive. The clerk will call the roll. accommodate Members’ concerns. I It would make the world less stable. The legislative clerk called the roll. spelled out concerns by Senator SIMON, We would have less influence over pro- Mr. FORD. I announce that the Sen- Senator NUNN, and Senator BIDEN. liferation and lose our ability to pro- ator from Nebraska [Mr. EXON] is nec- MODIFICATION TO AMENDMENT NO. 5058 vide a positive political effect on a essarily absent. Mr. BROWN. Mr. President, we have military policy of friendly countries. The result was announced, yeas 96, reached agreement with Senator SIMON I urge my colleagues to recognize nays 3, as follows: that I believe is a clear statement of that while this amendment has been of- [Rollcall Vote No. 242 Leg.] current NATO policy with regard to fered with all good intentions and with YEAS—96 thermal nuclear weapons and their de- the highest of purposes, it is a signifi- Abraham Frahm Lugar ployment. I hereby ask unanimous con- cantly flawed piece of legislation that Akaka Frist Mack sent that the Simon-Brown amendment would have very much an unantici- Ashcroft Glenn McConnell be incorporated in the Brown amend- Baucus Gorton Mikulski pated and very harmful impact. Bennett Graham Moseley-Braun ment, or more precisely, Mr. President, I hope we will vote it down. Biden Gramm Moynihan I ask unanimous consent to modify my The PRESIDING OFFICER. Is there Bingaman Grams Murkowski amendment with the Simon language. further debate? Bond Grassley Murray The PRESIDING OFFICER. Without Boxer Gregg Nickles Mr. BOND. Mr. President, I move to Breaux Harkin Nunn objection, it is so ordered. The Senator table the Dorgan amendment, and I ask Brown Hatch Pell has the right to modify his own amend- for the yeas and nays. Bryan Hatfield Pressler ment. The amendment is so modified. The PRESIDING OFFICER. Is there a Bumpers Heflin Pryor The modification is as follows: Burns Helms Reid sufficient second? Byrd Hollings Robb Add on page 7 at the beginning of line 13: There is a sufficient second. Campbell Hutchison Rockefeller (21) Some NATO members, such as Spain The yeas and nays were ordered. Chafee Inhofe Roth and Norway, do not allow the deployment of The PRESIDING OFFICER. The Coats Inouye Santorum nuclear weapons on their territory although question is on agreeing to the motion Cochran Jeffords Sarbanes they are accorded the full collective security Cohen Johnston Shelby of the Senator from Missouri to lay on guarantees provided by article V of the Conrad Kassebaum Simon Washington Treaty. There is no a priori re- the table the amendment of the Sen- Coverdell Kempthorne Simpson quirement for the stationing of nuclear ator from North Dakota. On this ques- Craig Kennedy Smith D’Amato Kerrey Snowe weapons on the territory of new NATO mem- tion, the yeas and nays have been or- Daschle Kerry Specter bers, particularly in the current security cli- dered, and the clerk will call the roll. DeWine Kohl Stevens mate, however NATO retains the right to The assistant legislative clerk called Domenici Kyl Thomas alter its security posture at any time as cir- the roll. Dorgan Lautenberg Thompson cumstances warrant. The result was announced—yeas 65, Faircloth Leahy Thurmond Feingold Levin Warner Mr. BROWN. Mr. President, we also nays 35, as follows: Feinstein Lieberman Wellstone have had concerns expressed about Cro- [Rollcall Vote No. 241 Leg.] Ford Lott Wyden atia. It is my understanding we have YEAS—65 NAYS—3 cleared on both sides sense-of-the-Sen- Abraham Frahm Mack Bradley Dodd McCain ate language that relates to Croatia Ashcroft Frist McCain NOT VOTING—1 and their potential future discussions Baucus Glenn McConnell with NATO countries. I ask that I be Bennett Gorton Murkowski Exon Bond Graham Nickles allowed to modify my amendment to Breaux Gramm Nunn The amendment (No. 5047) was agreed include that sense-of-the-Senate lan- Brown Grams Pressler to. guage regarding Croatia. Burns Grassley Robb Mr. LEVIN. I move to reconsider the Byrd Gregg Rockefeller The PRESIDING OFFICER. Again, Campbell Hatch Roth vote. the Senator has the right to modify his Chafee Heflin Santorum Mr. PRYOR. I move to lay that mo- own amendment. The amendment is so Coats Helms Shelby tion on the table. modified. Cochran Hollings Simpson The motion to lay on the table was Cohen Hutchison Smith Mr. BROWN. Mr. President, I ask Coverdell Inhofe Snowe agreed to. unanimous consent to vitiate the last Craig Johnston Specter Mr. LEAHY. Mr. President, I ask request to modify, I ask that Senator D’Amato Kempthorne Stevens unanimous consent that the RECORD re- GORTON be added as a cosponsor of my DeWine Kerrey Thomas flect that Congressman BONIOR was in- Dodd Kyl Thompson Croatian amendment No. 5043 agreed to Domenici Lieberman Thurmond strumental in formulating the proposal earlier today. Faircloth Lott Warner that is reflected in the amendment on The PRESIDING OFFICER. Is there Ford Lugar the Chernobyl disaster sponsored by objection? Without objection, it is so NAYS—35 Senators ABRAHAM and LEVIN, and I ordered. Akaka Feinstein Mikulski also ask unanimous consent that the Mr. BROWN. Mr. President, with re- Biden Harkin Moseley-Braun following Senators be listed as cospon- gard to the NATO amendment, my un- Bingaman Hatfield Moynihan sors of Senator BUMPERS’ amendment Boxer Inouye Murray derstanding is that we are working Bradley Jeffords Pell on Mongolia: Senators HATFIELD, GOR- with Senator NUNN. He has concerns he Bryan Kassebaum Pryor TON, SIMON, JOHNSTON, BURNS, REID, would like to share. We are also work- Bumpers Kennedy Reid and ROTH. ing with Senator BIDEN to work Conrad Kerry Sarbanes The PRESIDING OFFICER. Without Daschle Kohl Simon through his concerns. I yield the floor. Dorgan Lautenberg Wellstone objection, it is so ordered. Mr. McCONNELL addressed the Exon Leahy Wyden AMENDMENT NO. 5058 Chair. Feingold Levin The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- The motion was agreed to. ate now resumes consideration of the ator from Kentucky. Mr. BOND. Mr. President, I move to amendment by the Senator from Colo- Mr. McCONNELL. Mr. President, we reconsider the vote. rado [Mr. BROWN], No. 5058. can see the light at the end of the tun- Mr. LOTT. I move to lay that motion Mr. BROWN addressed the Chair. nel. There is a vote left to be held on on the table. The PRESIDING OFFICER. The Sen- the Cohen amendment and on the The motion to lay on the table was ator from Colorado. Coverdell amendment. We are hoping agreed to. Mr. BROWN. Mr. President, I ask that the Brown amendment will be VOTE ON AMENDMENT NO. 5047 unanimous consent that Senator SLADE worked out. The PRESIDING OFFICER (Mr. BEN- GORTON be added as a cosponsor of the I ask unanimous consent that a vote NETT). Under the previous order, the Brown amendment. on the Cohen amendment occur at 7:20 S8808 CONGRESSIONAL RECORD — SENATE July 25, 1996 and that the time between now and issue. Our Senate was the first to raise pering today is all but prostrate be- 7:20—that is 20 minutes on a side—be this issue in 1988, and we have persisted cause of the military regimes that have equally divided, and the time con- in the matter. The proposition is to succeeded, one after the other. She trolled by Senator COHEN and myself. isolate the military regime, to deny it went on to say, ‘‘We think this is the The PRESIDING OFFICER. Is there the recognition of the free world and to time for concerted international ef- objection? Without objection, it is so make clear that such denial has con- forts with regard to the democratic ordered. sequences in the economic develop- process in Burma.’’ Mr. DORGAN addressed the Chair. ment of that potentially rich and pros- That, I respectfully suggest, is what The PRESIDING OFFICER. The Sen- perous and happy society. is at issue in the vote we are soon to ator from North Dakota. I speak with some knowledge of have. I hope chairman MCCONNELL will Mr. DORGAN. Mr. President, will the Burma, not enough, but enough to prevail. I hope democracy will prevail. Senator from Kentucky tell us what we know how important this is to the I cannot doubt it will if we but keep to might expect for the remainder of the whole movement toward democracy in a firm line of principle and conviction. evening? Asia. I thank the Senator for his time, and I Mr. McCONNELL addressed the We have just seen Russia conduct yield the floor. Chair. two democratic presidential elections, Mr. McCONNELL. Mr. President, I The PRESIDING OFFICER. The Sen- the first in their history. We have just want to thank the distinguished senior ator from Kentucky. seen Mongolia conduct a free election Senator from New York for his inspira- Mr. McCONNELL. Yes. I thought I and choose a democratic government. tional remarks. He has been a very had just done that. Let me make it The Senator from Virginia and former knowledgeable observer of the Burmese clear. We are going to vote on the Secretary of State Baker were both in scene for many years. I thank him for Cohen amendment at 7:20. Remaining Mongolia as election monitors. There his leadership on this most important to be disposed of are the Coverdell are many such nations in the early issue. amendment—your side has indicated stages of a democratic transition. We I yield 5 minutes to the junior Sen- they are willing to reach a time agree- must associate with them and stand by ator from New York. ment on that—there is a Brown amend- them. And when democracy is threat- Mr. D’AMATO. Mr. President, let me ment, just discussed by Senator ened we must make our objections first say that I want to commend the BROWN, to which Senator NUNN objects known. Just this June, the European manager of this bill, the distinguished at the moment. Discussions are going Parliament has risen up and stated Senator from Kentucky, for his leader- on between the two of them. We hope that the time has come for the whole of ship and his courage in saying clearly to get that resolved. It is possible we the European Union to boycott this re- that the United States does stand up can go to final passage after that. gime. Most American firms have al- for those who are oppressed, that we There are a few other amendments, but ready done so. Most American observ- have the courage to look at facts as we are getting very close to finishing ers have urged us to act. they are, as discomforting as they may up here. The Wall Street Journal, in an edi- be, and sometimes painful for people to Mr. COHEN. Can we add, with respect torial of May 30 this year, put it this recognize. to the Cohen amendment, there be no way: We have become a world so interested second-degree amendments? Throughout the world, foolishness and in commercial advantage that we look Mr. MCCONNELL. I modify my unan- greed are sometimes draped with a veil of re- aside. We make believe things are not imous consent agreement that no sec- spectable sounding phrases like ‘‘construc- happening. Sometimes it is not pleas- ond-degree amendment is in order. I tive engagement,’’ based on the promise that ant to acknowledge that there is evil, say to my friend I will make a motion by doing business in a country like Burma you expect to change it. The problem is that that there are people that we know, to table at the appropriate time. once companies and governments climb into governments that we do business with The PRESIDING OFFICER. Without the boat with dictators, they are very reluc- that are involved in perpetuating evil. objection, it is so ordered. tant to rock it, lest their deals go overboard. The killing of innocent human beings, Mr. MCCONNELL. Mr. President, I The request for this embargo, the killing them, imprisoning people, ter- yield 10 minutes to the distinguished proposition, has been endorsed by Sec- rorizing them, depriving them of their Senator from New York. retary of Commerce Kantor who stated most basic fundamental freedoms that The PRESIDING OFFICER. The Sen- last month with regard to Serbia, are important. And if we just continue ator from New York. South Africa, Libya, and Iran, ‘‘There business as usual with them, as if all is AMENDMENT NO. 5019 are times when economic restrictions well, because we may be commercially Mr. MOYNIHAN. Mr. President, the done in an appropriate fashion can be advantaged, then I suggest to you that Senate faces a moment of profound very helpful. With regard to Burma, we are betraying the greatness and the moral choice. We are dealing here with I’m in favor of taking effective action heritage of this country. We betray the the proposal of the Senator from Ken- with regard to the actions of this re- principles on which so many have laid tucky, joined by others, to place the gime.’’ down their lives for our freedom and United States emphatically on the side Witnesses from South Africa, who the freedom of others. That principle, of the freely elected democratic regime benefited to a degree no one could when we have adhered to it, has always of Burma, which was elected with 82 imagine from American leadership in inured to the benefit of mankind and, percent of the vote and then instantly just this mode, Nelson Mandela and more particularly, the benefit of our overwhelmed by a military coup. Bishop Tutu, have told us to have faith citizens here, not just the people who The restoration of a military regime, in our own experience. Burma will we have stood up for abroad. which had earlier, in 1962, crushed the yield if the democracies stay together Our history is replete with the times nascent democratic society of Burma. and the United States leads. in which we have stood nobly and Before that Burma had succeeded Most emphatically and importantly, fought for freedom, and the times we through a succession of elections be- the elected Prime Minister, an extraor- have stepped aside and looked and al- ginning with one for a constituent as- dinary person, a winner of the Nobel lowed a petty dictator to terrorize his sembly prior to independence, and then Peace Prize, Aung San Suu Kyi, asks people on the altar of political expedi- three free elections thereafter. As I us to do this. She has sent videotaped ence. We have contributed to many of say, this all ended in 1962 and was fol- to the European Parliament last week the nations who fall under totalitarian lowed by 25 years of atrocious govern- with a statement supporting sanctions. domination, because we did business as ment and oppression under General Ne She said, ‘‘What we want are the kind if nothing was wrong with petty dic- Win. The country never submitted to of sanctions that will make it quite tators. We condoned, in essence, their this. The resistance was always wide- clear that economic change in Burma actions. spread, emphatic, admirable to a de- is not possible without political This is an opportunity for us to do gree that Americans can only imagine, change.’’ what is right and to stand for people given our long and stable history. Now, That is the record of the past three who are oppressed. No one has brought the issue has become an international decades. A country that could be pros- this to the table in a more eloquent July 25, 1996 CONGRESSIONAL RECORD — SENATE S8809 way than the senior Senator from New and others, to be able to deal with the There being no objection, the mate- York, Senator MOYNIHAN, who has problems that the SLORC regime pre- rial was ordered to be printed in the pointed out very clearly that those sents to the people of Burma, or RECORD, as follows: people who are fighting for freedom, Myanmar, as some people might say. I U.S. DEPARTMENT OF STATE, who are there and being oppressed, say, think it is a well thought out amend- Washington, DC. ‘‘Don’t believe this nonsense that if ment. It is an important amendment. Hon. WILLIAM COHEN, you cut off doing business, you are There is one U.S. economic venture U.S. Senate, Washington, DC. going to be hurting the average citizen, in that country, and let us speak about DEAR SENATOR COHEN: The Administration welcomes and supports the amendment because you are not because the gov- it and speak about it candidly. It is a joint venture between Unocal and the which you and others have offered to Section ernment that is in control now, the 569 (Limitation on Funds for Burma) of H.R. junta, the dictatorship, will use those French to build a pipeline. They will 3540, the Foreign Operations Appropriations funds for their own purposes, and no build schools, they will build hospitals, bill. We believe the current and conditional real economic benefit will come to the they will put to the community an op- sanctions which your language proposes are people.’’ portunity for economic upward mobil- consistent with Administration policy. As So I hope that we will continue to ity. Let us say the unilateral sanction we have stated on several occasions in the maintain the beacon of freedom and passes, and let us say Unocal cannot go past, we need to maintain our flexibility to respond to events in Burma and to consult that we will support the chairman’s ahead, do you know who will take Unocal’s share in this? Mitsui, a Japa- with Congress on appropriate responses to mark. ongoing and future developments there. Mr. COHEN. Mr. President, I yield 2 nese company, or South Korea. They We support a range of tough measures de- minutes to the Senator from Idaho. will do it without building hospitals, signed to bring pressure to bear upon the re- Mr. CRAIG. Mr. President, I have but and they will do it without the schools. gime in Rangoon. We continue to urge inter- a few comments. I find it important to I wonder what is gained by it. national financial institutions not to provide make them in support of the Cohen I hear many people say, ‘‘Shut down support to Burma under current cir- amendment. Mr. President, this debate, an economy and that will change a re- cumstances. We maintain a range of unilat- gime.’’ I really believe that when you eral sanctions and do not promote U.S. com- in my opinion, is not about being soft mercial investment in or trade with Burma. on a bunch of thugs. have an economy and you participate in it, and you bring Western values to We refrain from selling arms to Burma and At the core of this debate is the effec- have an informal agreement with our G–7 tiveness of mandatory unilateral sanc- a country, and you help with schools friends and allies to do the same. tions as a tool of foreign policy to en- and you immunize kids, all of which is On the international level, we have strong- courage change in Burma. It is about happening, it can be particularly effec- ly supported efforts in the U.N. General As- the best policy to pursue that will tive. sembly and the International Labor Organi- bring about the changes that we all Now, I very much respect Aung San zation to condemn human and worker rights violations in Burma. At the U.N. Human want to see in the nation of Burma. Suu Kyi. I wish her well, and I think the SLORC regime would be well ad- Rights Commission this month, we led the As we address this situation, it is im- effort against attempts to water down the portant that the United States engage vised to work with her to improve the standard of living. And, at the same Burma resolution. We have urged the U.N. to other nations. A multilateral effort to play an active role in promoting democratic evaluate the situation in Burma and time, I believe it is extraordinarily im- reform through a political dialogue with develop ways we can work both inde- portant that the administration, and Aung San Suu Kyi. pendently and collectively will encour- whatever administration, and the The Office of Management and Budget ad- State Department, and whatever State vises that from the standpoint of the Admin- age the improvement in human rights Department, begin to develop the kind istration’s program there is no objection to and will move Burma toward a free and of multilateral alliance with the the submission of this report. We note, how- democratic society. ASEAN countries that can be effective ever, that the wording of two of the sanc- Mr. President, I support the Cohen in meeting the human rights needs in tions as currently drafted raises certain con- amendment and all that it addresses. stitutional concerns. We look forward to this region. We all can encourage humanitarian re- working with you and the conferees to ad- So I believe that the Cohen-Feinstein dress this. lief, drug interdiction efforts, and the amendment, which provides that there promotion of democracy. I believe that We hope this information is useful to you. be no bilateral assistance, other than Please do not hesitate to call if we can be of these activities, in addition to denying humanitarian and counternarcotics further assistance. multilateral assistance through inter- until the Government of Burma is fully Sincerely, national financial institutions, and the cooperative with the United States on BARBARA LARKIN, establishment of a multilateral strat- counternarcotic efforts, and the pro- Assistant Secretary, egy will provide the best roadmap to gram is fully consistent with the Unit- Legislative Affairs. reach the goals we seek in Burma. ed States human rights concerns in Mr. NICKLES. The definition of ‘‘new I congratulate Senator COHEN for his Burma. It promotes multilateral as- investment’’ in Burma in Section 569 of effort in offering this amendment. sistance by asking the Secretary of the the amendment includes the entry into Mr. McCONNELL. Mr. President, are Treasury to instruct the United States certain types of contracts. Does it also there other speakers? executive director of each inter- cover performance of contracts, or Mr. COHEN. I believe there is one national financial institution to vote commitments entered into or made other. against any loan or other utilization of prior to the date of sanctions? Mr. President, I yield 5 minutes to funds of the respective bank to and for Mr. COHEN. It is not the intention of the Senator from California. Burma. this legislation to compel U.S. persons Mrs. FEINSTEIN. Mr. President, I I think it makes a great deal of to breach or repudiate pre-sanctions rise in support of the Cohen amend- sense. I urge an ‘‘aye’’ vote on the contracts or commitments. ment. I think we would all like to truly Cohen-Feinstein-Chafee amendment. Mr. BREAVY. Mr. President, I rise believe that, in an area of the world re- Mr. FORD addressed the Chair. today in support of the amendment I mote to the United States, this coun- The PRESIDING OFFICER. The Sen- have cosponsored with my distin- try can unilaterally impose a sanction ator from Kentucky. guished colleagues Senator COHEN, which is going to have an effect. But it Mr. FORD. Mr. President, I want to Senator JOHNSTON, Senator, MCCAIN, is not supported by anyone else in the take a few moments. I have been asked Senator FEINSTEIN, and Senator area. I know of no other country in the to advise my colleagues that the ad- CHAFEE. I believe this amendment area that will support this sanction. ministration supports the Cohen-Fein- makes sense because it strikes a bal- Additionally, the administration— stein-Chafee amendment. ance between unilateral sanctions the State Department and the White I ask unanimous consent that the against Burma and unfettered United House—is in support of the Cohen-Fein- letter be printed in the RECORD from States investment in that country. stein amendment. In essence, what this the Assistant Secretary of the Depart- Mr. President, the supporters of this amendment does is, as Senator CRAIG ment of State so advising my col- amendment share the same objective just stated, seek to develop a multilat- leagues that the administration sup- as the supporters of unilateral sanc- eral alliance of the ASEAN countries, ports the Cohen amendment. tions. We all want to see an end to the S8810 CONGRESSIONAL RECORD — SENATE July 25, 1996 brutal, oppressive Burmese dictator- the foreign operations appropriations its loss would have little impact be- ship and a return to a democratic gov- bill mandates immediate unilateral cause others will take our place. With ernment. No one will argue that the sanctions against Burma. The purpose South Africa, sub-saharan Africa was current regime in Burma is anything of these sanctions is to punish Burma’s also united in support of sanctions. less than brutal, illegitimate and de- ruling junta, the State Law and Order There is no similar regional mandate plorable in almost every respect and Restoration Council or SLORC, for fail- for action with Burma. recent events suggest that the govern- ing to accede to the desire of the Bur- When sanctions were imposed against ment is escalating its oppression of the mese people for democracy and free- South Africa they were accompanied democratic opposition, even in the face dom and for its many past violations of by extensive contact and assistance to of international condemnation. We all basic human and civil rights. the black community in South Africa want to see the quick demise of this re- I agree with the goals of Senator and the NGOs working with them. The gime but we differ with opponents of MCCONNELL and Senator MOYNIHAN. current language on Burma has none of this amendment on the way to bring Not one person in this distinguished that and would cut off our access and this change about. In an effort to pro- chamber will disagree that the United ability to support the democracy move- mote democratic change in Burma, this States has a clear national interest in ment. amendment prohibits new U.S. invest- seeing a democratically elected govern- There are no potential incentives for ment if the government rearrests or ment in charge of a free society in the SLORC to work with Suu Kyi as otherwise harms Aung San Suu Kyi, Burma. The question is whether the none of the sanctions will be lifted the most eloquent voice for democracy immediate imposition of unilateral in- until a fully democratically-elected in that country. vestment sanctions is the best policy government comes to power. But, as we Although the United States accounts to achieve that goal. I do not believe saw in South Africa and before that in for only ten percent of all foreign in- that they are. Poland, the movement to democracy is vestment in Burma, allowing U.S. busi- First, Burma is not a throw-away often a slow, tentative process and in- nesses to operate there will enable us issue. The wrong U.S. policy could sub- clude transitional governments. If to continue raising our concerns over stantially damage our relations with events unfold in a similar fashion in human rights. I believe a U.S. voice in our close friends and our regional influ- Burma, the current language has no this process is critical if we are ever ence. The United States has a clear na- means for easing or eliminating sanc- going to see real change in Burma. tional security interest in balancing tions to cultivate the growth of democ- This amendment by the distinguished the rising influence of China in Asia. racy. Senator from Maine also requires the Our full engagement in southeast Asia The current language would also give President to work with our ASEAN al- is an integral part of that balance. Un- SLORC the wrong signal that it can do lies and other trading partners to de- fortunately, the administration has whatever it wants because we have al- velop a comprehensive strategy to long been unable to articulate and ready used up all our bullets. bring democratic change to Burma and clearly demonstrate the reliability of OUR POLICY AND THE CURRENT AMENDMENT improve human rights. our long-term commitment to the re- Instead of the current draconian Mr. President, if our goal is to affect gion. In the face of this uncertainty, sanctions proposed in the legislation change in a foreign country, I don’t be- ASEAN is taking steps to ensure before us, we should adopt an approach lieve unilateral sanctions are nec- Burma and Vietnam become members that effectively secures our national essarily the right approach. We have to counterbalance Chinese influence. interests. The Cohen amendment does seen what happens when the U.S. im- The U.S. willingness to work with just that. poses unilateral sanctions. Our Euro- them on Burma is seen as a key test One, it establishes a framework for pean and Asian allies are hesitant to case of the U.S. commitment. United States policy towards Burma follow suit and in this case, a U.S. Second, our allies do not support that stimulates intimate cooperation withdrawal would just mean that for- sanctions now and said as much to with our allies in the region, especially eign companies would fill the void Presidential envoys Ambassador Brown ASEAN, that is clearly in the national interest. when we leave. Abandoning our com- and Mr. ROTH. Bringing Burma into Two, it draws a clear line in the sand mercial interests in Burma will do ASEAN and the ARF force the SLORC that should the situation in Burma de- nothing to advance human rights and to accept and live up to the values and teriorate the United States and our al- democracy in that country which is the responsibilities that membership en- lies would impose multilateral sanc- tails in much the same way as NATO objective we all share. The U.S. already tions on Burma or the United States membership will require of the coun- exerts pressure on the military regime would go it alone if necessary. SLORC tries of central Europe. This approach in Burma by prohibiting U.S. economic will be on notice and have to be on establishes a forum for pressuring the aid, withholding GSP trade pref- their best behavior. erences, and decertifying Burma as a SLORC to negotiate with Aung San Three, it provides incentives for narcotics cooperating country, which Suu Kyi and other democracy move- SLORC and Suu Kyi and the other requires us by law to vote against as- ment leaders. Unfortunately, U.S. democratic leaders and ethnic minori- sistance to Burma by international fi- moral suasion on behalf of sanctions ties to start talking and move towards nancial institutions. This amendment will have little impact unless the situ- democracy and freedom. It would per- takes the additional step of prohibiting ation in Burma deteriorates dramati- mit assistance to the democracy move- new investment in Burma if the gov- cally. Expecting others to follow our ment, support efforts to curb the flow ernment commits large scale oppres- lead even if it goes against their own of heroin, and ensure that Americans sion against the democratic opposition. cold calculation of national interests can visit, talk with, and influence the Our goal is to prevent repression of the only ensures that we are falling on our people in Burma as they have every- democratically elected government and own sword. where from the Albania to South Afri- to promote a dialogue between their I want to make it clear that the ca. voices of democracy and the military SLORC and Burma are not the 1990’s Four, it allows the President to re- regime. equivalent of apartheid in South Afri- move sanctions and other restrictions This amendment has the support of ca. South Africa relied on access to the should there be progress towards the Democrats and Republicans as well as outside world. Isolating them cut off establishment of a full democratic gov- the Administration. It is a reasonable the very roots of their export-oriented ernment or if we are merely punishing compromise on a very difficult issue. I economy. For most of the past 30 U.S. investors. thank my colleagues who have worked years, Burma isolated itself from the Finally, it requires the administra- on this amendment and I urge it adop- world. Only now is Burma establishing tion to work closely with the Congress tion. ties with the outside world. Isolating developing a multilateral strategy to Mr. MURKOWSKI. Mr. President, I them now would be about as effective bring democracy to Burma and in im- rise in support of the Cohen amend- as prunning a tree. In particular, Unit- plementing the sanctions. ment on United States policy toward ed States investment in Burma—save Mr. President. This is a solid strat- Burma. The current language within for oil interests—is minimal and even egy and bipartisan view of what the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8811 United States’ policy towards Burma We have people all over the lot on this that this amendment basically gives should be. It is a far better one than question. But they are basically not in- the administration total flexibility to that currently envisioned in the legis- terested in doing anything about this do whatever they want to do, which lation before us. I strongly urge my fel- problem. But that does not distinguish every administration would love to low colleagues to support this amend- them from the Bush administration, have. I can understand why they sup- ment. which had no interest either. port this amendment. But looking at Mr. McCONNELL. Mr. President, how So there has been bipartisan neglect the track record of this administration much time do I have remaining? to address this problem. Neither ad- and the previous one, given the discre- The PRESIDING OFFICER. Thirteen ministration has distinguished itself by tion to do nothing, nothing is what you minutes fifteen seconds. ignoring a problem which I guarantee get. Nothing is what we can anticipate Mr. McCONNELL. Mr. President, let you, if there were a bunch of Burmese from this administration, and that is me say that if my colleagues are look- American citizens, we would have been what we got from the last one. ing for some ideological touchpoint on bouncing off the walls 6 years ago over Let me say this is not a radical step. this issue, they will not find any. It is this. But there are not any Burmese Some people think that we should going to be an odd collection of players American citizens. We have a lot of never have unilateral economic sanc- on both sides of the aisle. Jewish Americans who are interested tions against anybody, but a lot of As my senior colleague from Ken- in Israel, a lot of Armenia Americans those people make exceptions for Cuba, tucky just indicated, the Clinton ad- who are interested in Armenia, and a for example. ‘‘Well, that is different,’’ ministration supports the Cohen lot of Ukraine Americans who are in- or they make an exception for a rene- amendment, and I oppose the Cohen terested in Ukraine. Boy, when we hear gade regime like Libya. amendment, along with Senator MOY- from them, we get real interested. But The truth of the matter is we have occasionally used unilateral sanctions, NIHAN, from whom you have heard, you take some isolated country that and they have not always failed. I Senator LEAHY who spoke earlier on did not have the immigration pattern mean, it is very common to say they the issue, and then Senator HELMS and to this country and somehow we act always fail. They do not always fail. In Senator FAIRCLOTH also will be oppos- like it does not exist. ing the Cohen amendment. But with the Burmese regime, the fact, we have a conspicuous success So if you are looking for some ideo- State Law and Order Restoration story in South Africa, a place where logical guidelines, you will not find Council, SLORC—you can hardly say it America led. When we passed the South any on this issue. So this would be a without laughing, but it is not funny— Africa sanctions bill in 1986, which my good vote upon which to just sort of set runs a terrorist regime in Burma. good friend from Maine supported, and when we overrode President Reagan’s aside party label or ideological leaning Some people may say, ‘‘Well, it is none veto, which both of us voted to over- and look at the facts and think about of our affair.’’ Sixty percent of the her- ride, we were not sure it was going to what America stands for. oin in our country comes from The facts are these: In 1990, in Burma Burma—60 percent of it. Heroin from work. All of these arguments about unilateral sanctions were made then. they had a Western-style, internation- Burma is tainting the lives of thou- Everybody said, ‘‘Well, nobody else will ally supervised election. Eighty per- sands of Americans. This regime co- follow.’’ In fact, everybody followed. cent of the vote went to the National operates with the people who send it America led and everybody else fol- League for Democracy, a party orga- here. So it does have a direct effect on lowed, and South Africa has been a nized around a dynamic leader that is Americans living here in this country great success story. becoming increasingly well-known in as well as offending every standard that we have come to believe in and to I think those followers are right the world, Aung San Suu Kyi. As soon around the corner. The European as the election was completed and it promote around the world. It is safe to say that the Burmese Union and the European Parliament was clear who had won, the ruling mili- Government can be in a rather unique took this issue up in July of this year— tary junta, supported by a 400,000-per- category with North Korea, Libya, this month. Why did they get inter- son army, used entirely internally to Iran, and Iraq. It is just a small, little ested? Aung San Suu Kyi’s best friend, control the people of Burma, locked up family here of truly outrageous re- a man named Nichols, a European who most of the leadership and put Aung gimes, and all the rest of them we have had been a consulate official in Ran- San Suu Kyi under house arrest. She a great interest in and we have sanc- goon for a number of different Euro- was essentially incommunicado until tions against or we are working to try pean countries, as the distinguished July 1995, 2 days before a bill that I to diminish the influence of in one way senior Senator from New York pointed crafted and introduced was introduced or another. But this country we seem out a minute ago, was arrested earlier here in the Senate last July. to have no interest in. this year. His crime was possessing a They claim she was released. Well, it The amendment of the Senator from fax machine, and they killed him. He is is some kind of release. She is allowed Maine actually makes the situation dead; murdered. to address, from home, friends and sup- worse, in my opinion. It will allow aid So the Europeans all of a sudden porters who come around sometimes on to this pariah regime to increase. In have gotten interested in this because a weekly basis. But they do that at other words, in the opinion of the Sen- one of their own has been treated by some risk. She does not feel com- ator from Kentucky, it is worse than the Burmese military like it has been fortable communicating with the out- current law because last year we voted treating the Burmese people for years. side world. Yet, she smuggled out a to cut off a narcotics program in that Carlsberg and Heineken, two European tape a week ago for use at the Euro- country because we did not have any companies, are pulling out. American pean Union in their Parliament debate confidence in dealing with this outlaw companies and one oil company de- in which they call upon their members regime. This would make those deal- cided not to go forward, and all of the to institute unilateral sanctions. ings possible again should the adminis- retailers who were either in there or on So, clearly she does not feel com- tration decide to engage in it. the way in are coming out—Eddie fortable to just sort of pick up the The second condition in the Cohen Bauer, Liz Claiborne, Pepsico are com- phone and call some reporter and say, amendment which seems to me to be ing out. If America leads, others will ‘‘This is how I feel.’’ But she has been troublesome is it makes Aung San Suu follow. getting her views out. She and the le- Kyi’s personal security the issue rather Finally, let me say that this is what gitimate Government of Burma, much than the restoration of democracy. In Aung San Suu Kyi would like, and she of it now in this country, support the other words, if you see that Aung San won the election. She is familiar with provisions in the underlying bill and Suu Kyi is in trouble or there is large- all the arguments that are made by oppose the Cohen amendment. I have scale trouble or violence, then you can those who do not want unilateral sanc- already put that letter, received today, take certain actions if you want to, but tions, that only the people of Burma in the RECORD. you do not have to because all of it can will be hurt. She is familiar with those I do not want to be too hard on the be waived. arguments. She does not buy it. She Clinton administration because, obvi- In short, with all due respect to my does not agree to it. This is what she ously, this is not a very partisan issue. good friend from Maine, it seems to me has to say. She said: S8812 CONGRESSIONAL RECORD — SENATE July 25, 1996 Foreign investment currently benefits only Parliament to meet in Rangoon. True seizures and the junta is actually offer- Burma’s military rulers and some local in- to her commitment to be inclusive of ing safe haven to Khun Sa, the regions terests but would not help improve the lot of all Burmese, she even invited SLORC most notorious narco-warlord. the Burmese in general. supporters who had been elected. Now this is a regime with over 400,000 She said in May this year, quoted in SLORC’s response was swift and dev- armed soldiers, evidence that if SLORC Asia Week: astating. In a matter of 48 hours they wanted to crack down on trafficking, Burma is not developing in any way. Some rounded up over 200 members of the they clearly have the means to do so. people are getting very rich. That is not eco- NLD. If the member was absent when The Golden Triangle’s deadly exports nomic development. troops arrived for the arrest, a family initially caught my eye, but it is the On Australia Radio in May of this member was detained instead. While administration’s policy—or lack there- year, she was quoted as saying, a direct each and every arrest was outrageous, of—which fixed my gaze. This is one of quote: I want to call attention to one which the few occasions where the White Investment made now is very much against ended tragically. House has been consistent; unfortu- the interests of the people of Burma. As many people know, Suu Kyi’s fa- nately, they have been consistently So, Mr. President, that sums up the ther died when she was quite young. In wrong. argument. If America does not lead, no stepped Leo Nichols. He assumed an As Suu Kyi has repeatedly empha- one will. If given total discretion, all important role in her life offering sized since her release, Burma today is indications are that this administra- friendship and support. He was often not one step closer to democracy. In- tion will have no more interest than referred to as her godfather. The close- deed, I think the situation has seri- the last one. The duly elected Govern- ness of their relationship was reflected ously, dangerously, and unnecessarily ment of Burma is in jail or under sur- in the fact that following her release deteriorated. veillance, and we do nothing. This is last July, Suu Kyi had breakfast every In November 1994, after a long, dis- the opportunity, this is the time for Friday morning with her ‘‘Uncle Leo’’. heartening silence, Deputy Assistant America to be consistent with its prin- Sixty-five years old, Leo Nichols was Secretary of State Tom Hubbard, trav- ciples. picked up in the April sweep and eled to Rangoon to issue an ultimatum. So, Mr. President, I hope that the charged with the illegal use of a fax The administration called inter- Cohen amendment will not be ap- machine. Even the State Department national attention to their new, tough proved. I have great respect for my acknowledged that his relationship line. SLORC was expected to make con- friend from Maine. But I think on this with Suu Kyi was the motive behind crete progress in human rights, narcot- particular issue he is wrong, and I hope his arrest. For his crime he was sen- ics, and democracy. If they were appro- his amendment will not be approved. tenced to 3 years prison. Suffering from priately responsive, they could expect Mr. President, last week, when she a heart condition, he was denied medi- improved ties. If not, in Hubbard’s learned the European Parliament and cation and kept in solitary confine- words, ‘‘the U.S. bilateral relationship European Union were debating a re- ment at Insein Prison until June 20, with Burma could be further down- sponse to the death of their Honorary when he was transferred to Rangoon graded.’’ Consul, Leo Nichols, Aung San Suu Kyi General Hospital. An hour later he As most of us learn early in life, you was able to smuggle out a videotape died, according to SLORC of a cerebral don’t taunt a bully. SLORC moved appealing for sanctions against the hemorrhage. He was immediately bur- swiftly to call our bluff. Major attacks military regime in Rangoon. This is ied, with family and friends warned not were launched against ethnic groups, the most recent of many courageous to attend the funeral. generating tens of thousands of refu- calls by the elected leader of Burma for Given his transfer, death, and hasty gees. Democracy activists were round- the international community to di- burial, accounts of his torture have ed up, tortured, and killed. Negotia- rectly and immediately support the been difficult to confirm. There has tions over Red Cross access to pris- restoration of democracy and respect been claims that he was badly bruised oners ground to a halt, prompting the for the rule of law in her country. She and beaten—true or not, there is no organization to close its office in Ran- has repeatedly summoned us to take question his detention contributed to goon. And, the administration re- concrete steps to implement the re- his death, reconfirming the brutal na- mained strangely silent. sults of the 1990 elections in which the ture of this regime. Burmese people spoke with a strong, Leo Nichols is not SLORC’s only vic- As the situation worsened, there was resolute voice, and the NLD carried the tim. There is no question that arbi- another burst of interest, and Mad- day. trary killings, detentions, torture, eleine Albright was dispatched to re- Less we forget, the NLD did not rape, and forced labor and relocations peat the message. This time it was un- squeak by with a 43 percent mandate as are tools routinely abused to secure derscored with a personal meeting and did our sitting President—the leader of SLORC’s position, power and wealth. statement of support for dialog with the free world. The NLD claimed 392 The U.N. Special Rapporteur for Burma Suu Kyi. Those of us who follow Burma seats in the parliament winning 82 per- has investigated and documented the were hopeful that our U.N. Ambassador cent of the vote. Now that’s a mandate. abuses in several reports which I urge with a reputation for toughness would Unfortunately, a shining moment for my colleagues to read. press forward with a clear strategy. democracy has been blackened by a Nonetheless, some may argue that Sadly, again, SLORC rose—or should ruthless dictatorship. To this day, the Burma is too far away from the United I say sunk—to the occasion. As the generals who make up the State Law States to warrant any interest, time, noose tightened around Suu Kyi and and Order Restoration Council or attention. But, there are compelling the NLD, the administration remained [SLORC] maintain a chokehold on Bur- reasons for every community and poli- silent. ma’s life. tician to be concerned about develop- In the wake of the April sweep Burma is a battleground between de- ments in Burma beginning with our against the NLD, there was stepped up mocracy and dictatorship, between drug epidemic. grass roots interest in sanctioning those who believe in open markets and The 1996 International Narcotics Con- Burma. To preempt these calls, once those who openly market their self-en- trol Report makes the following points: again the administration dispatched riching schemes, between the many Burma is the world’s largest producer officials to size up the situation. This who embrace freedom and the few who of opium and heroin; time, instead of visiting Rangoon, they breed fear, and between Suu Kyi’s sup- Opium production has doubled since traveled the region. porters and SLORC’s sycophants. SLORC seized power; A stinging column carried in the Na- There are few modern examples Burma is the source of over 60 per- tion, characterized the American ap- where our choice is so stark, where the cent of the heroin seized on our streets; proach as ‘‘outspoken and critical but battle lines are so sharply drawn. and its repeated messages or threats often Shortly after her appeal to the U.N. SLORC is making less and less effort carry no weight because of a lack of Commission on Human Rights, Suu Kyi to crack down on trafficking, in fact back up action. It is a typical case of called the elected members of the 1990 there has been an 80 percent drop in words not being matched with deeds.’’ July 25, 1996 CONGRESSIONAL RECORD — SENATE S8813 The column quoted a senior Thai offi- for the NLD. The fact that they were sprees for a handful of SLORC officials cial who suggested the trip was ‘‘a con- robbed of the reward of free and fair and their families. spiracy to thwart attempts by the U.S. elections defines both America’s oppor- Just as SLORC has increased pres- Congress to pass an economic sanctions tunity and obligation. sure on Burma’s democracy movement, bill which is gaining growing support.’’ The appropriate analogy with Burma we must increase pressure on SLORC. I The official went on to note ‘‘The is not China or Vietnam, it is South believe the time has come to ban U.S. American government is good at mak- Africa where our application of sanc- investment and aid and oppose any ing empty threats and last week’s trip tions clearly worked, just ask Nelson international lending to this pariah re- is just another example.’’ Mandela. That is the course I rec- gime. We should cut off the source of In briefings following up the trip, the ommend the United States pursue. SLORC’s power. State Department made clear that the In 1996, the advocates for democracy Several weeks ago, Suu Kyi noted: Special Envoys were not dispatched in Burma are facing the same chal- There is a danger that those who believe with a specific message—they had no lenges as the 1986 opponents of apart- economic reforms will bring political orders to press any agenda for action— heid. I heard exactly the same argu- progress to Burma are unaware of the dif- and as the Nation so clearly stated: ments then, as I do now. Let me draw ficulties in the way of democratization. Eco- some parallels for you. nomics and politics cannot be separated, and ‘‘The two failed to spell out, in con- economic reforms alone cannot bring democ- crete terms, possible U.S. retaliatory When Senators ROTH, DODD, and I in- ratization to Burma. troduced the first sanctions bill a dec- measures.’’ She has emphatically opposed any After hollow policy pronouncements ade ago, both the Reagan administra- foreign investment, calling instead for and weak-willed waffling from the ad- tion and the business community ar- the international community to take ministration, SLORC is convinced it gued the political value of our sizable firm steps to implement the 1990 elec- will pay no price for repression. We are capital investment. tions. And, while she has stressed the left with few real options with the po- U.S. investment was a meaningful NLD’s commitment to solving political tential for success. catalyst for change. Major American problems through dialogue, she re- The business community understand- corporations called attention to their cently warned the world that she was ably prefers the status quo. They sug- hiring policies, scholarship programs, not prepared to stand idly by as gest that our ASEAN partners will not and contributions to hospitals, schools, SLORC attacked her supporters. support a strategy of escalating isola- and community development projects. Shortly after these remarks, SLORC tion. A tougher line will only result in In sum, I was told that withdrawing surrounded her compound with razor a loss of market share to our French, U.S. investment would hurt, not help, wire, effectively cutting off the thou- Italian, or other competitors. the common man. Not so, says Bishop sands of loyal and peaceful citizens But, let me point out, just as the call Tutu. In an April letter to the Bay who make a weekly pilgrimage to hear for sanctions has grown stronger in the Area Burma Roundtable he said, ‘‘The her speak. United States, it has resonated victory over apartheid in South Africa Suu Kyi is prepared to accept her re- through corporate halls and the cor- bears eloquent testimony to the effec- arrest. Although she is under constant ridors of power in Europe. tiveness of economic sanctions.’’ surveillance and severely limited in The European Parliament has called There are other, relevant parallels. her movements, she has not chosen to upon its members to take action to South Africa was the African fault join her husband and children in exile. suspend trade and investment in line in our cold war struggle for power. Aung San Suu Kyi has sacrificed over Burma. The European Union has taken With Soviet proxy forces engaged in and over again to secure Burma’s free- up legislation suspending visas and all neighboring conflicts in Angola and dom. high level contacts with the Burmese. Mozambique, South Africa assumed an Let us hope it will not take the sac- Heineken and Carlsberg have pulled important position in our regional se- rifice of her life to impel this adminis- out in response to public pressure. And, curity strategy. tration to assume the mantle of leader- in an important development, the Dan- The Chinese colonization of Burma ship, fitting for the only remaining su- ish Government has sold off all its should sound similar alarms. If there is perpower, and chart a course for the holdings in TOTA´ L, the French oil a single issue which should cause our ship we captain called liberty. company with the largest investment ASEAN partners deep concern, it is the How much time do I have remaining? in Burma. In announcing its decision, a expanding military and political ties The PRESIDING OFFICER. The Sen- spokesman for the fund said it was between Rangoon and Beijing. Like ator has 45 seconds. made in anticipation of ‘‘a possible South Africa, Burma may not rep- Mr. McCONNELL. I will reserve the ´ international boycott of TOTAL due to resent an immediate security problem, 45 seconds. its engagement in Burma and because but the long term regional trends de- Mr. COHEN addressed the Chair. of a televised report showing the intol- mand our attention. The PRESIDING OFFICER. The Sen- erable living conditions in that coun- In South Africa, there was a grass- ator from Maine. try.’’ roots, well-organized, vocal African- Mr. COHEN. How much time is re- In this context, U.S. sanctions are American constituency supporting maining? hardly a radical step. In fact, I think it sanctions. The PRESIDING OFFICER. The Sen- would be an unprecedented embarrass- In Burma, the constituency should be ator has 6 minutes and 53 seconds. ment to all this Nation represents to every American community concerned Mr. COHEN. Mr. President, I ask fall behind the European effort in sup- by our drug epidemic. unanimous consent that Senator THOM- porting Burma’s freedom. In South Africa, good corporate citi- AS be added as a cosponsor to the In addition to suggesting that sanc- zens developed a corporate conscience Cohen amendment. tions will only hurt U.S. business, op- and pulled out. The PRESIDING OFFICER. Without ponents of my legislation argue eco- In Burma, Amoco, Columbia Sports- objection, it is so ordered. nomic progress will yield political re- wear, Macys, Eddie Bauer, Liz Clai- Mr. COHEN. Mr. President, as my sults. This is Vietnam, they say. borne, Levi Strauss, and now Pepsi friend from Kentucky has indicated, we Burma is like China. have answered the call to divest. have to set aside ideology on this par- Well, I am a vocal advocate of MFN In South Africa, sanctions affected ticular vote, that and labels. He would for China. I have supported normaliz- substantial, longstanding foreign in- have you believe that those who sup- ing relations with Vietnam. In both in- vestment. port the Cohen-Feinstein-Chafee stances, we have effectively used an In Burma, less is at stake and sanc- amendment are for repression, for dic- economic wedge to pry open access to tions are largely preemptive. tators, for brutality, for house arrests, totally closed societies. Trade is an im- But, American investment—however against sanctions, against morality, portant tool in these two cases because little—is still propping up a few gen- against protecting Aung San Suu Kyi, it is our only tool. erals. We are not improving the quality against democracy. Burma is quite different. In Burma, of life for most Burmese. U.S. capital is My friends, it is not nearly so simple. millions of people turned out to vote simply subsidizing global shopping And perhaps I have overstated the S8814 CONGRESSIONAL RECORD — SENATE July 25, 1996 statements of my friend from Ken- that people like Senator MCCAIN are So it took time for us to change over tucky, but when we have allegations actively involved in, that actively pro- here. What we are saying with our made that this is a profound moral mote change by the Burmese junta? amendment is that we can make more choice, that this measure that I offer My amendment tries to carve out a change in Burma from within than would, in fact, negate the impact of narrow exemption to give some flexi- from without, and we can bring Burma sanctions upon this particular regime, bility to this administration or the out from the dark ages of repression that it would lend support to the mili- next administration, not simply to into the sunlight of the 21st century tary junta—and we have heard state- look to the past and punish this junta and prodemocratic activity. We can do ments made by our colleague from New for past deeds, but rather to see if this not by trying to turn away, and York that adoption of the Cohen there is any way we can use whatever trying to isolate them—because we amendment would, in fact, aid and leverage we have, and it is very small, cannot do it effectively—but by having comfort the enemies of democracy—I to encourage this junta to come into some limited contact from within. must speak out with some vigor on the 21st century of pro-democratic ac- Mr. President, I suggest that the pas- such suggestions, or even implication. tivity. sage of my amendment will accomplish We heard talk about the European It has been suggested that we have the goals that we all want to change Parliament boycotting Burma. Well, commercial interests in mind. I do not the military dictatorship’s activity. the European Union said no. As a mat- represent any oil companies. I do not The PRESIDING OFFICER. The time ter of fact, there is a report in papers have any business interests in mind. of the Senator has expired. The Sen- as of yesterday: ‘‘A Danish proposal for What I am asking is, what is the most ator from Kentucky. sanctions against Burma was toned effective way to produce change? Do Mr. McCONNELL. Mr. President, down last week to one condemning the sanctions work? Yes and no. They with all due respect to my good friend Government of SLORC.’’ So they toned worked in South Africa because the from Maine, his amendment makes ev- it down from sanctions to simply con- world supported it. The frontline coun- erything permissible or able to be demning, and we condemn them. tries in Africa supported it. The front- waived. There is no indication that this It was said that Mickey Kantor fa- line countries in Asia do not support administration is interested, and, vors the subcommittee’s approach, our this action by the subcommittee. Iran frankly, nor was the last one, in tight- Trade Representative favors it. I do not is another exception where sanctions ening the screws on Burma. If we want understand that. We have a letter in- can and do work. It is a terrorist-spon- to do something about a pariah regime troduced on behalf of the administra- soring nation, destabilizing its region, in Burma, tonight is the time. This is tion that the White House supports the and so there is world condemnation of the vote. I hope all my colleagues will approach that I and Senators FEIN- Iran. oppose the Cohen amendment. STEIN and CHAFEE and others have And China, let me just mention Mr. President, I ask unanimous con- taken. China. Mr. President, I was looking sent that a list of boycott resolutions, No one has fought harder, if we talk through my desk here while the debate a list of letters supporting sanctions, about ideals, than our colleague from was going on, and I came across some and a group of editorials, be printed in Arizona, Senator MCCAIN. He spent interesting remarks made by my the RECORD. more than 6 years in prison keeping former colleague from Maine, Senator There being no objection, the mate- that flame of idealism alive, represent- Mitchell, some years ago in 1991–92, rial was ordered to be printed in the ing this country in a way that few of us when debating China. He said some- RECORD, as follows: can even begin to contemplate, and yet thing at that time that I think may BOYCOTT RESOLUTIONS he is supporting the approach that I bear some relevance here today. He American Baptist Convention. am suggesting. said: State of Massachusetts. Those of us who are urging the sup- The year-long renewal of most-favored-na- San Francisco, Oakland, Berkeley, CA. tion trade status for China has brought the Santa Monica, CA. port of this amendment are, in fact, Ann Arbor, MI. world precisely nothing in the way of reform calling for sanctions. We are calling Chicago, IL. upon our administration to impose in the Chinese regime. Madison, WI. It has not encouraged the Chinese regime Seattle, WA. sanctions, to not issue visas—except to respect the human rights of any Chinese those required by treaty—to any gov- citizen. LETTERS SUPPORTING SANCTIONS ernment official from Burma. We are It has not emboldened the Chinese Govern- National Coalition Government of the insisting that we cast a vote of ‘‘no’’ on ment to broaden its experiments with a mar- Union of Burma any international lending organization ket economy beyond one province. AFL-CIO UAW loans to Burma. We are saying that if That was said back in 1991, and then Bishop Tutu they make any attempt to imprison or again in 1992. He may have been right Betty Williams, Huntsville, TX, Nobel Lau- harass Aung San Suu Kyi, sanctions go at that time as far as his perception, reate, 1976 into effect immediately, that no fur- but things have changed in China. Asia American Civic Alliance of Florida ther business can enter that particular They are now, in fact, making changes Kachinland Projects for Human Rights and Democracy of Illinois country. in Shanghai. They are now providing a Democratic Burmese Student Organization We are for sanctions. We are for, legal system based upon ours, they are United Front for Democracy and Human however, limited exemptions in the giving an accused individual a right to Rights field of human rights, certainly for hu- an attorney before he can be arrested manitarian assistance. Does anyone and apprehended. They are making [From The Boston Globe, June 19, 1996] here want to cut off an attempt to feed vast changes. It comes about more WELD’S OPPORTUNITY starving people? slowly there, not nearly as fast as we Awaiting Gov. William F. Weld’s signature On counternarcotics: We have heard would like, but change has occurred. is a bill that would prohibit the common- by just the last vote, an overwhelming Yes, we are standing up to our ideals wealth from purchasing goods or services vote, of our concern about narcotics on the issue of democracy in Asia, but from companies that do business with the il- legitimate military dictatorship ruling coming into this country. Over two- when you talk to the Chinese they say, Burma. Weld should sign this bill, not be- thirds of all the heroin production in you talk about ideals. For 200 years cause it might work to his advantage in the the world is coming out of Burma, are you enslaved people. You put people in U.S. Senate contest with John F. Kerry, but we saying let us walk away? Do we not chains. You treated them like sub- because this is legislation that embodies a want to engage in any way, even if it is humans. You robbed them of their fam- principle of democratic solidarity rooted certified by the administration that ilies and their dignity and their lives, deep in the American tradition. the SLORC is cooperating to try to re- and it was not until about 30 years ago The people of Burma voted overwhelm- duce the flow of narcotics coming into you finally decided to change. Give us ingly in 1990 for the party of Nobel Peace Prize winner Aung San Suu Kyi. Although our country? Is that what we want to an opportunity to bring about change her National League for Democracy won go on record in favor of? Do we want to in this region. Do not lecture us that more than 80 percent of the seats in Par- deny funding for the National Endow- you achieved your ideals all in one pe- liament, the State Law and Order Restora- ment for Democracy, organizations riod of time. tion Council, or SLORC, thwarted the will of July 25, 1996 CONGRESSIONAL RECORD — SENATE S8815 the voters by seizing power and conducting a [From the Washington Post, July 20, 1996] tional League for Democracy won an over- reign of terror. The junta profits from a nar- BURMA BEYOND THE PALE whelming victory in parliamentary elections cotics trade that exports more than 60 per- On June 22, James ‘‘Leo’’ Nichols, 65, died in 1990, but SLORC refused to give up power, cent of the heroin sold on the streets of in the Burmese prison. His crime—for which putting her under house arrest and jailing American cities. And because the uniformed he had been jailed for six weeks, deprived of many of her colleagues. Although Aung San thugs of SLORC have accumulated tremen- needed heart medication and perhaps tor- Suu Kyi was nominally freed last July, after dous debt, they are dependent upon foreign tured with sleep deprivation—was ownership winning the Nobel Peace Prize, the regime aid and investment and are desperately try- of a fax machine. His true sin, in the eyes of has refused even to begin talks on a transi- ing to counter a grass-roots campaign for the military dictators who are running the tion to democratic rule. American sanctions. beautiful and resource-rich country of It was to celebrate, as it were, the sixth The timing of Weld’s opportunity could not Burma into the ground, was friendship with anniversary of those betrayed elections that be more fortuitous. State Rep. Byron Aung San Suu Kyi, the courageous woman Aung San Suu Kyi called a meeting. In fear Rushing’s Selective Contracting’’ bill, mod- who won an overwhelming victory in demo- of the democrats’ popularity, SLORC round- eled on legislation that helped end apartheid cratic elections six years ago but has been ed up many of her supporters, including in South Africa, reaches the governor at a denied power ever since. should-be members of parliament. This is far time when thousands of Burmese democrats Mr. Nichols’s story is not unusual in from SLORC’s only abuse. Even before the have been risking their lives each weekend Burma. The regime has imprisoned hundreds latest events, hundreds of political prisoners to attend gatherings at Suu Kyi’s house in of democracy activists and press-ganged remained in jail, according to Human Rights Rangoon, and when the Clinton administra- thousands of children and adults into slave Watch/Asia. The regime promotes forced tion has dispatched envoys to Asian and Eu- labor. It squanders huge sums of arms im- labor, press-ganging citizens to act as por- ropean capitals to make the case for multi- ported from China while leading the world in ters in areas of armed conflict and to build lateral sanctions. heroin exports. But because Mr. Nichols had roads, according to the U.S. State Depart- If the envoys fail in their mission, a Senate served as consul for Switzerland and three ment. It has built a massive army, equipped bill proposed by Mitch McConnell, Repub- Scandinavian countries, his death or murder mostly by China. And Burma is the world’s lican of Kentucky, and co-sponsored by attracted more attention in Europe. The Eu- chief source of heroin. Democrats Patrick Moynihan of New York ropean Parliament condemned the regime The United States already has barred offi- and Patrick Leahy of Vermont, will ask the and called for its economic and diplomatic cial aid or government loans to Burma and United States to take the lead, as it once did isolation, to include a cutoff of trade and in- has influenced the World Bank and other for the people of Poland. vestment. Two European breweries, multilateral organizations to follow suit. Weld has a chance to help protect Suu Kyi Carlsberg and Heineken, have said they will Now Sen. Mitch McConnell of Kentucky and her followers and to encourage Washing- pull out of Burma. And a leading Danish pen- wants to bar private investment as well, a ton to do the right thing. sion fund sold off its holdings in Total, a step supported by many of Burma’s demo- French company that with the U.S. firm crats. U.S. firms are the third-largest inves- [From the New York Times, June 15, 1996] Unocal is the biggest foreign investor. tors, Sen. McConnell said, led by Unocal These developments undercut those who Corp., which is helping develop Burma’s nat- BURMESE REPRESSION have said the United States should not sup- ural gas fields. The structure of the dictator- The Burmese military junta has outdone port democracy in Burma because it would ship ensures that much of the benefit of for- itself in advertising its own crude ineptitude. be acting alone. In fact, strong U.S. action eign investment goes into the generals’ Frustrated by the popularity and prestige of could resonate and spur greater solidarity in pockets. their democratic opponent, Daw Aung San favor of Nobel peace laureate Aung San Suu The most active proponents of trade, in- Suu Kyi, the generals have now erected huge Kyi and her rightful government. Already, vestment and engagement with Burma have red billboards denouncing the 1991 Nobel the Burmese currency has been tumbling, re- been its neighbors in Southeast Asia. A na- Peace laureate as a foreign stooge. But every flecting nervousness about the regime’s sta- tion of 42 million with high literacy rates Burmese knows that Mrs. Aung San Suu Kyi bility and the potential effects of a Western and abundant natural resources, Burma can- endured years of house arrest rather than boycott. not be ignored. But after SLORC’s latest leave the country her father helped free from The United States has banned aid and mul- abuses, the burden is on those advocates of foreign rule. The real threat to the Burmese tilateral loans to the regime, but the junta ‘‘engagement’’ to show what they have people is the junta, formally known as the still refuses to begin a dialogue with Auug achieved and explain why sanctions should State Law and Order Restoration Council, or San Suu Kyi. Now there is an opportunity to not be tightened. As much as South Africa Slorc. send a stronger message. The Senate next under apartheid, Burma deserves to be a pa- The billboard blitz follows the recent de- week is scheduled to consider a pro-sanctions riah until SLORC has given way. tention of some 250 members of Mrs. Aung bill introduced by Sens. Mitch McConnell (R- Mr. McCONNELL. Mr. President, is San Suu Kyi’s National League for Democ- KY.) and Daniel Patrick Moynihan (D-N.Y.). all time used up? racy, the undoubted winner of 1990 elections This would put Washington squarely on the The PRESIDING OFFICER. All time the Slorc then nullified. When, despite the side of the democrats. Secretary of State crackdown, she attracted larger and larger Warren Christopher, who will meet next has expired. crowds for speeches from her house, the week with counterparts from Burma’s neigh- Mr. McCONNELL. I move to table junta responded with a decree banning vir- bors, should challenge them to take stronger the Cohen amendment. tually all political activities. So unwar- measures, since their policy of ‘‘constructive Mr. President, I ask for the yeas and ranted were these measures that even dif- engagement’’ has so clearly failed. nays. fident Thailand and Japan have condemned The most eloquent call for action came The PRESIDING OFFICER. Is there a Burmese human rights abuses. Japan is the last week from Aung San Suu Kyi herself, sufficient second? unbowed despite years of house arrest and largest outside aid donor to the country the There is a sufficient second. Slorc has renamed Myanmar. enforced separation from her husband and Washington has commendably taken the children. In a video smuggled out, she called The yeas and nays were ordered. lead in generating support for more effective for ‘‘the kind of sanctions that will make it The PRESIDING OFFICER. The collective measures to help the beleaguered quite clear that economic change in Burma question occurs on the motion to lay Burmese democrats. The Clinton Adminis- is not possible without political change.’’ on the table amendment No. 5019, of- tration has sent two senior diplomats, Wil- The word responded to similar calls from fered by the Senator from Maine [Mr. liam Brown and Stanley Roth, to sound out Nelson Mandela and Lech Walesa. In memory COHEN]. The yeas and nays have been Myanmar’s neighbors on taking stronger po- of Mr. Nichols and his many unnamed com- ordered. patriots, it should do no less now. litical and economic measures against the The clerk will call the roll. Slorc. The mission itself may help deter still harsher repression. Its findings may also de- [From the Washington Post, May 28, 1996] The assistant legislative clerk called termine the feasibility of a ban on new THE BULLIES OF BURMA the roll. American investment, as proposed by Sen- The thuggish military men who rule Mr. FORD. I announce that the Sen- ator Mitch McConnell of Kentucky, which Burma have now rounded up more than 200 ator from Nebraska [Mr. EXON] is nec- the Administration is still weighing. democracy activists who were planning to essarily absent. When the Slorc lifted Mrs. Aung San Suu meet last weekend. Again they show their The result was announced, yeas 45, Kyi’s house arrest last year, there was hope regime, which goes by the appropriately nays 54, as follows: that the generals might loosen their stran- unappetizing acronym SLORC (State Law [Rollcall Vote No. 243 Leg.] glehold on Myanmar. Unhappily, that has and Order Restoration Council), to be worthy not proved to be the case. Until the Burmese only of international contempt. YEAS—45 junta frees its political prisoners and enters To the extent that Americans are at all fa- Abraham Bradley Byrd into genuine negotiations with Mrs. Aung miliar with Burma’s plight, it is thanks to Bennett Brown Campbell San Suu Kyi and her supporters, it merits the courage of Aung San Suu Kyi, leader of Biden Bryan Coverdell the strongest international condemnation. the nation’s democracy movement. Her Na- Boxer Bumpers D’Amato S8816 CONGRESSIONAL RECORD — SENATE July 25, 1996 DeWine Hatfield Mack reading of the amendments be dis- its spending orgy for years to come— Faircloth Helms McConnell Feingold Jeffords Moynihan pensed with. even if Congress cut every penny from Frahm Kassebaum Pell The PRESIDING OFFICER. Without AID’s budget this year. Simply put, Frist Kennedy Pressler objection, it is so ordered. this pipeline is the best-kept secret Gorton Kerry Robb The amendments (Nos. 5079 through among the bureaucrats at the Agency Gramm Kohl Sarbanes Grassley Lautenberg Shelby 5082) are as follows: for International Development—the Gregg Leahy Smith AMENDMENT NO. 5079 foreign aid giveaway mechanism. Harkin Levin Specter (Purpose: To require the deobligation of cer- The pending amendment, which I am Hatch Lugar Wellstone tain unexpended economic assistance offering on behalf of myself and the NAYS—54 funds) distinguished majority leader, Mr. Akaka Ford Murkowski On page 198; between lines 17 and 18, insert LOTT, proposes to reduce the amount of Ashcroft Glenn Murray the following: money in the AID pipeline by requiring Baucus Graham Nickles that all money remaining for more Bingaman Grams Nunn DEOBLIGATION OF CERTAIN UNEXPENDED Bond Heflin Pryor ECONOMIC ASSISTANCE FUNDS than 4 fiscal years in the pipeline be re- Breaux Hollings Reid SEC. 580. Chapter 3 of part III of the For- turned to the U.S. Treasury. In its Burns Hutchison Rockefeller eign Assistance Act of 1961 (22 U.S.C. 2401 et study of Agency for International De- Chafee Inhofe Roth seq.) is amended by adding at the end the fol- Coats Inouye Santorum velopment’s pipeline, the General Ac- Cochran Johnston Simon lowing: counting Office has recommended that Cohen Kempthorne Simpson ‘‘SEC. 668. DEOBLIGATION OF CERTAIN UNEX- un-used foreign aid be returned after 2 Conrad Kerrey Snowe PENDED ECONOMIC ASSISTANCE years. If enacted, this amendment Craig Kyl Stevens FUNDS. Daschle Lieberman Thomas ‘‘(a) REQUIREMENT TO DEOBLIGATE.— would cut nearly $1 billion from foreign Dodd Lott Thompson ‘‘(1) IN GENERAL.—Except as provided in aid. Domenici McCain Thurmond subsection (b) of this section and in para- Mr. President, you see that $3.2 bil- Dorgan Mikulski Warner graphs (1) and (3) of section 617(a) of this Act, lion provided by Congress to AID in fis- Feinstein Moseley-Braun Wyden at the beginning of each fiscal year the cal year 1995 remains unspent; more NOT VOTING—1 President shall deobligate and return to the than $1.6 billion from fiscal year 1994 Exon Treasury any funds described in paragraph has yet to be spent. This hidden res- (2) that, as of the end of the preceding fiscal ervoir of funds dates back even to for- The motion to lay on the table the year, have been obligated for a project or ac- amendment (No. 5019) was rejected. tivity for a period of more than 4 years but eign aid approved by Congress in 1985— Mr. COHEN. I move to reconsider the have not been expended. more than a decade ago—which has vote. ‘‘(2) FUNDS.—Paragraph (1) applies to funds been reposing all the while in the pipe- Mrs. FEINSTEIN. I move to lay that made available for— line. motion on the table. ‘‘(A) assistance under chapter 1 of part I of Why does all this money remain in The motion to lay on the table was this Act (relating to development assist- the pipeline? Well, according to a 1991 agreed to. ance), chapter 10 of part I of this Act (relat- General Accounting Office study, half The PRESIDING OFFICER. The ing to the Development Fund for Africa), or of this money is unspent due to unreal- chapter 4 of part II of this Act (relating to question occurs on agreeing to the the economic support fund); istic or deliberately overstated project amendment No. 5019 offered by the Sen- ‘‘(B) assistance under the Support for East assessments by AID employees. But ator from Maine. European Democracy (SEED) Act of 1989; and there is another reason for the exist- The amendment (No. 5019) was agreed ‘‘(C) economic assistance for the independ- ence of this pipeline. AID simply has to. ent states of the former Soviet Union under received too much money over the Mr. LEAHY. I move to reconsider the chapter 11 of part I of this Act or under any years and, rather than admit that it vote. other provision of law authorizing economic cannot spend the money wisely, AID Mr. FORD. I move to lay that motion assistance for such independent states. bureaucrats simply have stashed the ‘‘(b) EXCEPTIONS.—The President, on a on the table. case-by-case basis, may waive the require- money away in its secret bureaucratic The motion to lay on the table was ment of subsection (a)(1) if the President de- pipeline until someone figures out a agreed to. termines and reports to the Congress that it creative way to give it away. Mr. LEAHY addressed the Chair. is in the national interest to do so. Larry Byrne, AID’s assistant admin- The PRESIDING OFFICER. The Sen- ‘‘(c) APPROPRIATE CONGRESSIONAL COMMIT- istrator for management, in a 1995 in- ator from Vermont. TEES.—As used in this section, the term ‘ap- ternal E-mail spoke volumes about how Mr. LEAHY. Mr. President, I yield to propriate congressional committees’ means the AID does business. According to the Senator from Kentucky. the Committee on International Relations Mr. Byrne, AID is ‘‘62 percent through The PRESIDING OFFICER. The Sen- and the Committee on Appropriations of the House of Representatives and the Committee this fiscal year and we have 38 percent ator from Kentucky. on Foreign Relations and the Committee on of the dollar volume of procurement Mr. McCONNELL. We can see the Appropriations of the Senate.’’. actions completed; we need to do $1.9 light at the end of the tunnel. billion in the next 5 months. So let’s AMENDMENTS NOS. 5079 THROUGH 5082, EN BLOC Mr. HELMS. Mr. President, the Sen- get moving.’’ This AID administrator, Mr. McCONNELL. Mr. President, we ate today is considering an $11 billion Mr. Byrne, warned that this money in have more amendments agreed to foreign aid appropriations bill for fiscal the AID pipeline, ‘‘imperils our ability which I will send to the desk at this year 1997. To hear the almost to argue we need more money.’’ point, a Helms amendment on hysterical hue and cry about the so Lest anyone believe that this huge deobligation of funds, a Bingaman called devastating cuts in foreign aid— pipeline is merely an isolated problem, amendment on Burundi, two amend- which is simply not so—some Ameri- perhaps some details regarding AID’s ments by Senator ABRAHAM, one on cans may be misled to believe that the pipeline in various countries will be of ASHA and one on geological surveys. Agency for International Development interest. Mr. President, I ask unani- Mr. President, I send those amend- [AID] will go broke if it does not re- mous consent this chart be printed in ments to the desk and ask that they be ceive its $7.5 billion portion of this ex- the RECORD. considered, en bloc. pensive foreign aid pie. There being no objection, the mate- The PRESIDING OFFICER. Without That, as I say, is simply not true—it rial was ordered to be printed in the objection, it is so ordered. The clerk is not even in the ballpark of accuracy. RECORD, as follows: will report. You see, Mr. President, much of this The assistant legislative clerk read foreign aid money—all of it taken from AID’S HIDDEN SLUSH FUND as follows: the pockets of the hardworking Amer- Country Pipeline through 1996 The Senator from Kentucky [Mr. MCCON- ican people—will be sitting for the next NELL] proposes amendments numbered 5079 Egypt ...... $1.93 billion several years in what is known in Russia ...... 566 million through 5082, en bloc. Washington as a pipeline. This pipe- Phillipines ...... 330 million Ukraine ...... 217 million Mr. McCONNELL. Mr. President, I line, which today contains more than South Africa ...... 205 million ask unanimous consent that further $6.7 billion, will allow AID to continue India ...... 102 million July 25, 1996 CONGRESSIONAL RECORD — SENATE S8817 AID’S HIDDEN SLUSH FUND—Continued AMENDMENT NO. 5080 The PRESIDING OFFICER. The (Purpose: To express the Sense of the Senate amendment is so modified. Country Pipeline through 1996 in opposition to the military overthrow of The amendment, as modified, is as Mozambique ...... 72 million the government of Burundi and to encour- follows: age the swift and prompt end to the cur- Peru ...... 71 million On page 148, line 10 through line 13, strike Bolivia ...... 63 million rent crisis, and for other purposes) Bangladesh ...... 59 million the following language, ‘‘That comparable At the appropriate place, insert: requirements of any similar provision in any Total AID pipeline ...... 6.76 billion The Senate finds that: other Act shall be applicable only to the ex- The political situation in the African na- Source: AID Fiscal Year 1996 Statistical Annex. tent that funds appropriated by this Act tion of Burundi has deteriorated and there have been previously authorized: Provided Mr. HELMS. So, Mr. President, this are reports of a military coup against the further,’’. elected government of Burundi, and; pipeline affects almost all of the 101 The continuing ethnic conflict in Burundi Mr. McCONNELL. Mr. President, I countries to which AID hands out the has caused untold suffering among the peo- ask unanimous consent that we com- American taxpayers’ money. For exam- ple of Burundi and has resulted in the deaths plete the debate on Senator BROWN’s ple, the pending bill provides more of over 150,000 people in the past two years, NATO amendment, that we lay that than $800 million in economic aid to and; aside, and proceed to the debate on the Egypt, despite the fact that more than The attempt to overthrow the government Coverdell amendment, with 40 minutes $1.9 billion in previously-appropriated of Burundi makes the possibility of an in- crease in the tension and the continued equally divided, at which point we pro- foreign aid, lingers to this day in slaughter of innocent civilians more likely, ceed to two rollcall votes. Egypt’s pipeline. This bill allows more and; The PRESIDING OFFICER. Is there money for Russia—yet this nation has The United States and the International objection? already received, but not yet spent, Community have an interest in ending the Mr. REID addressed the Chair. $566 million in United States foreign crisis in Burundi before it reaches the level The PRESIDING OFFICER. The Sen- aid. India has $102 million in un-used of violence that occurred in Rwanda in 1994 ator from Nevada. foreign aid. At the current rate of when over 800,000 people died in the war be- Mr. REID. Mr. President, I certainly tween the Hutu and the Tutsi tribes, spending all new foreign aid obliga- Now, therefore it is the sense of the Senate do not want to hold up the Senate. I tions to India could cease and it could that: would be happy to work out anything still receive United States foreign aid The United States Senate condemns any that is fair to the parties. I have a uninterrupted for at least 3 more years. violent action intended to overthrow the statement on an amendment that the government of Burundi, and; managers accepted. I would be happy The list goes on and on. The Phil- Calls on all parties to the conflict in Bu- ippines has $330 million in unspent to do it tomorrow or after—I need rundi to exercise restraint in an effort to re- about 10 minutes. United States foreign aid; Peru has $71 store peace, and million. All told, a whopping $6.7 bil- Urges the Administration to continue dip- Mr. McCONNELL addressed the lion in U.S. tax dollars—some more lomatic efforts at the highest level to find a Chair. The PRESIDING OFFICER. The Sen- than a decade old—remains unspent. peaceful resolution to the crisis in Burundi. ator from Kentucky. The pending amendment proposes that AMENDMENT NO. 5081 Mr. McCONNELL. If I could just indi- $1 billion in surplus foreign aid will be (Purpose: To provide for $15,000,000 ear- cate to the Senate, there is a good returned to the Treasury, thereby re- marked for the American Schools and Hos- chance that the two votes I just men- ducing the amount Americans are pitals Abroad Program from the Develop- tioned are the last two rollcall votes forced to pay for the spiraling Federal ment Assistant Account) before final passage. So we are getting debt. On page 107, line 25, before the period in- very close to the end. I will conclude by providing what I sert the following: ‘‘: Provided further, That of the amount appropriated under this head- Mr. NUNN addressed the Chair. consider one of the most egregious ing, not less than $15,000,000 shall be avail- The PRESIDING OFFICER. The Sen- abuses of AID pipeline. In 1991—5 years able only for the American Schools and Hos- ator from Georgia. ago—President Bush ordered all foreign pitals Abroad program under section 214 of Mr. NUNN. Reserving the right to ob- aid to Pakistan be ceased because of the Foreign Assistance Act of 1961’’. ject, it is my understanding that the that nation’s development of a nuclear Senator from Colorado will be speaking bomb. Apparently, the bureaucrats at AMENDMENT NO. 5082 to this. The Senator from Delaware the Agency for International Develop- (Purpose: To provide for $5,000,000 earmarked and the Senator from Colorado and I ment did not get the message because, for a land and resource management insti- have worked out the problems that we as recently as 1995, AID spent more tute to identify nuclear contamination at had with the Brown amendment. I un- Chernobyl) than $27 million for projects in Paki- derstood the unanimous consent to in- stan. This year, AID plans to provide On page 107, line 25, before the period in- clude that as a rollcall vote. It is not sert the following: ‘‘: Provided further, That more than another $5 million. So, de- of the amount appropriated under this head- my desire to have a rollcall required. spite the President’s decision to cut all ing, $5,000,000 shall be available only for a The Senator from Colorado is planning foreign aid to Pakistan in 1991, AID’s land and resource management institute to on modifying his amendment, so I be- pipeline continues to gush with surplus identify nuclear contamination at lieve it would be wise to withhold any giveaway money that the American Chernobyl.’’ request for a unanimous consent for a taxpayers have been forced to provide. The PRESIDING OFFICER. The rollcall vote until such time as the Mr. President, the American tax- question is on agreeing to the amend- amendment is modified. payers have been forced to provide ments, en bloc. Mr. REID. Reserving the right to ob- ject, I know the leader has a lot of more than $250 billion in development The amendments (Nos. 5079 through 5082) were agreed to. things to do. Everyone has places to and economic aid since AID was cre- Mr. MCCONNELL. I move to recon- go. I have been around here all day. As ated, as a temporary agency in 1961. sider the vote. I indicated, if I could have some time And AID certainly appears to be doling Mr. LEAHY. I move to lay those mo- tomorrow to do this, I will do it, or out cash to any number of nations tions on the table. some time at a reasonable hour of the around the world by making certain The motions to lay on the table were night. But I am not going to agree to that this pipeline of foreign aid will agreed to. final passage until I make a statement continue to flow well into the next cen- AMENDMENT NO. 5026, AS MODIFIED on something I think is extremely im- tury. Mr. MCCONNELL. Mr. President, I portant. Mr. President, I submit that it’s high ask unanimous consent that I be al- Mr. LIEBERMAN addressed the time that we do something for Ameri- lowed to modify amendment No. 5026. Chair. cans. This amendment offers a fine op- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- portunity: It will return to the U.S. objection, it is so ordered. ator from Connecticut. Treasury $1 billion in unspent—and Mr. MCCONNELL. I send the modi- Mr. LIEBERMAN. Mr. President, re- unneeded—foreign aid. fication to the desk. serving the right to object on two S8818 CONGRESSIONAL RECORD — SENATE July 25, 1996 points. The first, like the Senator from Government of Burundi, to encourage particular the appointment of former Nevada, I rise in part to thank the the swift and prompt end of the current Congressman Howard Wolpe to the po- managers of the bill for accepting ear- crisis, and for other purposes. sition of special negotiator for Burundi lier in the day an amendment I offered Mr. President, I rise today to speak and Rwanda, those efforts have not with several colleagues to draw atten- about the current situation in Burundi been enough. The administration’s at- tion to the continuing freedom of in- and the growing evidence that the tention must now be refocused on this dicted war criminals in Bosnia, and to international community may soon crisis. And while there have been those urge we continue to make their appre- face a disaster similar to that which in Congress like my friends and col- hension and movement to the Hague a occurred in Rwanda in 1994 and to offer leagues, Senators KASSEBAUM, priority for all signatories. a sense-of-the-Senate resolution con- FEINGOLD, and SIMON, who have spoken I appreciate if at some point, either demning the reported coup that is oc- about Burundi and Rwanda, it is now before final passage or as the Senator curring today in Burundi. crucial that others begin to stand, and from Nevada has indicated, on a date Just this past Saturday, 300 people, speak, with them as well. certain tomorrow, to be able to speak the majority of whom were women and Mr. President, some of the steps we at greater length on that matter. children, were slaughtered as part of should be supporting include: Reserving the right to object, if I the continuing violence between the Denouncing any extra constitutional may ask the Senator from Kentucky, Hutu and Tutsi in Burundi. Survivor seizure of power and making clear that through the Chair, along with several accounts revealed that many of those the United States condemns any at- colleagues I filed an amendment to re- killed had their hands and feet tied be- tempt to take power by illegal means allocate funds for the Korean Penin- fore being shot in the back of the head. and will not recognize or support any sula Energy Development Organiza- The rest were hacked to death with illegal government. tion. These two colleagues I believe machetes. Clearly communicating to the Presi- were considering a second-degree Mr. President, those 300 join the esti- dent of Zaire that his support of Hutu amendment, and I wanted to state to mated 150,000 who have been murdered rebels who are using Zaire as a spring- the Senator from Kentucky with re- over the 21⁄2 years in this small African board into Burundi where they commit spect to that, I intend and hope to nation. Those 150,000 join the estimated unspeakable atrocities will not be tol- raise that matter before final passage. 500,000 to 800,000 who died in the hor- erated by the United States. Mr. McCONNELL. Mr. President, let rible killing between Hutu and Tutsi in Immediately increasing our diplo- my say I am aware that is not quite Rwanda in less than 2 months in 1994. matic efforts and conducting those at a tied up yet. My understanding was Together, almost the equivalent of the sufficiently high level to make clear those discussions were underway. population of my home State of New that the United States is willing to be With regard to the Senator from Ne- Mexico have died in this troubled part engaged in any serious effort at halting vada, there will be an opportunity for of the world. the current crisis. him to speak tonight, but I would like Mr. President, I am concerned about Focusing our diplomatic efforts on to move ahead on the votes. There will the apathy we see regarding the cur- moving the Organization of African be plenty of opportunity to speak to- rent situation. I am also concerned Unity and the international commu- night. about the lack of a concerted inter- nity to begin assembling the regional Mr. REID. Further reserving the national effort to prevent another situ- rapid reaction force that the former right to object, I am willing to come in ation like that which occurred in President of Tanzania has negotiated early some time tomorrow for morning Rwanda in this region. with the Government of Burundi. business. On Tuesday, the headline in the If the OAU is unable to organize such The PRESIDING OFFICER. Is there Washington Post read, Killings Elicit a force we should be prepared to sup- an objection to the request of the Sen- Shock, but No U.N. Action. The article port other efforts by the U.N. to de- ator from Kentucky? noted that this weekend’s massacre of velop an appropriate response to this Mr. LEAHY. Mr. President, would the 300 women and children elicited expres- crisis. Senator from Kentucky add to his re- sions of horror from the members of While I do not believe we should send quest that before we start the the Security Council but that none of U.S. ground forces to Burundi, I do be- Coverdell and the other matters, that the member nations, including the lieve that the United States should be the Senator from New Mexico, Mr. United States, gave any sign that the ready to provide support to a rapid re- BINGAMAN, would have 2 minutes to United Nations might take action to action force in the form of logistical, speak on an amendment that has al- halt the killing. Yesterday it was re- organizational and communications re- ready been accepted. ported that the President of Burundi sources. Mr. McCONNELL. Mr. President, I had taken refuge in the U.S. Ambas- Strongly urging President Clinton to ask unanimous consent that Senator sador’s residence. This take place amid speak out once again against the vio- BINGAMAN be allowed to proceed for 2 reports of the massive deportation of lence in Burundi and make clear to the minutes on an amendment we just Hutu refugees from northern Burundi. world that the United States has an in- passed, prior to the time running on Just this morning, Reuters is reporting terest in preventing another genocide. the Brown NATO amendment and the that the army has seized power, out- Mr. President, we need not undertake Coverdell amendment. lawed political parties and closed the another Somalia type mission to make Mr. REID. Mr. President, again, am I airport and land borders. a difference in Burundi. It does not re- going to be allowed to speak, then, be- To even a casual viewer it seems quire ground troops nor will it require fore final passage? clear that Burundi is now on a fast large expenditures. What America can Mr. McCONNELL. We do not have a slide down the precipice that its neigh- and should provide, however, is leader- time set for final passage. It should be bor, Rwanda, slid down in 1994. As Pope ship and a strong, unwavering voice no problem. John Paul said yesterday, ‘‘Burundi against the current situation. Mr. REID. No objection. continues to sink into an abyss of vio- The Pope spoke yesterday about the The PRESIDING OFFICER. Without lence whose victims are drawn from evil that is the ethnic hatred in Bu- objection, it is so ordered. among the weakest in society—chil- rundi and Rwanda. Today, the U.N. AMENDMENT NO. 5080 dren, women and the old. I cannot but Under Secretary General for peace- Mr. BINGAMAN. Mr. President, I state my horror.’’ keeping missions, Kofi Annan, said: wanted to just speak very briefly about Mr. President, in 1994, after the plane We have to move very quickly before ev- the amendment that was earlier agreed carrying the Presidents of Rwanda and erything blows up in our faces. As it is, his- to here in the Senate. It is an amend- Burundi was shot down, the world tory will judge us rather severely for Rwan- ment cosponsored by Senator KASSE- stood silent while Rwanda exploded in da. I don’t think we can repeat that experi- BAUM, Senator SIMON, and Senator almost unspeakable violence. ence in Burundi. What we need and what we FEINGOLD. The purpose of it was to ex- While I commend the administration are seeking now is the political will to act. press the sense of the Senate in opposi- for the diplomatic initiatives it has un- Mr. President, I agree and I think tion to the military overthrow of the dertaken prior to this week’s events, in passage of this resolution will put the July 25, 1996 CONGRESSIONAL RECORD — SENATE S8819 Senate on record as supporting peace waged against kids. The last drug epi- Mr. LEAHY. Mr. President, I see the in this troubled region. demic involved people 17 to 21 years of distinguished senior Senator from Kan- This resolution puts the Senate on age; this epidemic begins at 8 years old, sas on the floor. I ask how much time record urging action by our Govern- 8 to 13. They are the target. For us not she may wish. ment at the highest possible diplo- to meet the President’s request for Mrs. KASSEBAUM. Mr. President, 5 matic levels to bring international at- international narcotics in law enforce- or 6 minutes. tention to this problem, and try to ment does not meet the test of logic, Mr. LEAHY. I yield 6 minutes to the bring peace to the situation there be- given what is happening to us in our distinguished senior Senator from Kan- fore the situation in Burundi deterio- own country. Millions of American sas. rates into the very kind of tragedy we families are at risk. Does this solve all Mrs. KASSEBAUM. Mr. President, I saw in Rwanda in that same region this of it? No. Is this an important piece of rise to speak in opposition to the last year. it? Yes. I find it somewhat incredulous amendment offered by my colleague Finally, I thank my colleagues for all that we are arguing over meeting the from Georgia. I certainly would agree agreeing to the resolution that we ear- President’s request—not exceeding it, with him, and I think we all share a lier sent to the desk and had approved. but meeting it. concern about the scope of the drug I do think it is important that the Sen- With that, Mr. President, I yield up problem in this country. One cannot ate speak on this important issue as to 5 minutes to the distinguished Sen- help but be disturbed by the growing part of this foreign operations bill. I ator from Iowa. use of life-destructive drugs. appreciate the courtesy of the Senator The PRESIDING OFFICER. The Sen- As someone who cares deeply about from Vermont and the Senator from ator from Iowa. the youth of this country, I certainly Kentucky in allowing me to speak at Mr. GRASSLEY. Mr. President, I stand second to none in my concern this time. I yield the floor. think it has been very clearly noted about the destructive impact of drugs AMENDMENT NO. 5018 that the essence of this amendment is: on children. I had worked long in com- The PRESIDING OFFICER. Under If you care about kids and the prob- munity efforts in this area before I the previous order there are now 40 lems that they are having with drugs, even came to the U.S. Senate. I know minutes of debate equally divided on the best place to fight that effort is be- something about the different types of the Coverdell amendment. fore drugs ever get into this country— initiatives that have been undertaken. The Senator from Georgia. keeping the drugs out. I also fully agree with the Senator Mr. COVERDELL. Mr. President, I strongly support the amendment to from Georgia that this President has haggling over this amendment now for restore funding to the International not offered the kind of moral leader- quite some period of time, I will put Narcotics Control budget. In the last ship on this issue that we both need this in perspective. This is an amend- several years, beginning in 1993, that and expect. He has not spoken out ment about an epidemic, a drug epi- budget has been severely cut. Virtually forcefully against drugs. He has de- demic that is occurring in the United without discussion the INL budget lost voted little time to this issue, and States. almost 30 percent of its funding in 1993. until the appointment of General In the last 36 months, Mr. President, Funding in the last several years has McCaffrey, he has not supported ener- 2 million children in our country have been below the levels in the Bush ad- getically those in his administration tragically been embroiled in this drug ministration. These cuts were in keep- working on this problem. epidemic. That is 2 million sisters or ing with the downgrading of drug ef- Yet, despite my serious concern brothers, next-door neighbors, because forts by the Clinton administration. At about the drug problem in our country, the drug war was shut down. This is the time, the administration did vir- as well as my dismay about the admin- but one of many attempts to reenergize tually nothing to support its own inter- istration’s weak response, I must reluc- our battle at home and abroad to deal national counter-narcotics programs in tantly oppose the amendment. with this drug epidemic. Congress. Although Congress restored Mr. President, as has been pointed In 1992, $462 million was invested in some of that funding last year, we still out, this amendment would increase international narcotics law enforce- need to close the gap to ensure our U.S. spending for antinarcotics by ment. In fiscal year 1996, it dropped to international programs are adequately some $53 million over the Senate fund- $135 million. I think the President of supported. This year I also note a sur- ing level, a level which is already $45 the United States has recognized this prising invisibility on the part of the million over last year’s spending. If is a serious problem, both for our coun- administration to promote funding for this amendment is approved, the Sen- try and for his administration. So in its own programs. ate would nearly double what was the 1997 budget, he requested that $213 As the task force report on National spent last year on this program. million be invested in the inter- Drug Strategy notes, our overall drug In a bill where every account has national narcotics war. In other words, effort needs to be sustained and it been straight-lined or decreased, there a turnaround. This bill, both House and needs to be consistent. The administra- is absolutely no reason to support a Senate, undercut that. tion, however, has done little to sus- dramatic increase for this program. The effort of this amendment is very tain its own programs. And there has Let me say why. We all want to help simple. It is to simply meet the Presi- not been much consistency. We must slow the flow of drugs into the United dent’s request to get it up to $213 mil- try to change this. States. I have always been a believer, lion. Mr. President, how do we do that? I am also aware that some members however, that where there is a demand, Well, first, in this budget for inter- here feel that international programs there will be a supply. There is a world national operations, it appropriates $31 do not do much to address the problem. of money to be made in drugs, and million more than the President re- To them I would say that responding to until we can address that in each and quested—more. So we take $25 million the drug problem in this country is a every one of our communities, we are of that surplus and move it back to team effort. No single program is the not going to be able to effectively stop help fill President Clinton’s request for magic solution to success. The problem the supply into this country. international narcotics law enforce- is multi-dimensional. Our solutions The international antinarcotics pro- ment. must also be broad and multi-discipli- gram has simply not been an effective No. 2, in development assistance, we nary. We cannot expect the small use of scarce Federal dollars. To date, take a 2 percent across-the-board re- amounts of money, compared to the we have invested hundreds of millions duction, $28 million, and move it over total, that we spend on international of dollars in this effort. Yet, worldwide to international narcotics, bringing the efforts to be the sole star of the show. production of illicit drugs has in- appropriation for international narcot- INL programs are a part of the team creased dramatically. Over the past ics and law enforcement up to the and we must ensure that it is not the decade, just 10 years, opium and mari- President’s request—not a dime more— weakest member. juana production has roughly doubled, up to the President’s request. I hope that you will join me in voting and coca production has tripled. For Mr. President, the drug war today, for this amendment. example, since 1990, the United States for the first time in history, is being I yield the floor. has spent over $500 million on S8820 CONGRESSIONAL RECORD — SENATE July 25, 1996 antinarcotics programs in Colombia Mr. DASCHLE. Mr. President, I will Mr. LOTT. I thank the Senator from alone. Yet, drug production in Colom- have more to say about this later on Massachusetts. bia remains high, and the administra- this evening. But let me just take a Mr. President, I now ask unanimous tion could not even certify Colombia as moment at this point to thank the dis- consent that the Senate insist on its cooperating on antinarcotics programs. tinguished majority leader for the ef- amendments with respect to H.R. 3448, Mr. President, the reality is that fort that he has put forth over the last the small business tax relief package, world production and supply of narcot- couple of weeks in particular. Were it the Senate then agree to the request ics vastly exceeds world demand. Even not for the cooperation that we were for a conference with the House, and under the best case scenario, global able to demonstrate on both sides, es- the chair be authorized to appoint con- supply reductions are unlikely to have pecially from the majority leader, I do ferees on the part of the Senate. even a minimal effect on our domestic not know that we would be here to- There being no objection, the Presid- drug problem. night. ing Officer (Mr. BENNETT) appointed, I fully appreciate the sentiments of Let me also compliment the distin- from the Committee on Labor and my colleague from Georgia, and I agree guished Senator from Massachusetts. Human Resources, Mrs. KASSEBAUM, with him. We all understand the de- No one has been more relentless and Mr. JEFFORDS, and KENNEDY, and from structive power of drugs, and we all more cooperative and more helpful in the Committee on Finance, Mr. ROTH, want to end the flow of narcotics into providing us with ways in which to re- Mr. CHAFEE, Mr. GRASSLEY, Mr. HATCH, the United States. But throwing more solve the many complicated aspects to Mr. SIMPSON, Mr. PRESSLER, Mr. MOY- and more money at failed solutions this negotiated settlement than has NIHAN, Mr. BAUCUS, Mr. BRADLEY, Mr. simply does not make sense. I urge my the distinguished Senator from Massa- PRYOR, and Mr. ROCKEFELLER conferees colleagues to oppose the Coverdell chusetts. I thank him, as well as the on the part of the Senate. amendment. chair of the committee, the distin- Mr. LOTT. Mr. President, Senator I yield the floor. guished Senator from Kansas. DASCHLE and I have been working with Mr. LOTT addressed the Chair. This has been a very cooperative ef- the chairman of the Finance Commit- The PRESIDING OFFICER. The ma- fort in the last several days. It has tee and Senators D’AMATO, MOYNIHAN, jority leader is recognized. and REID, with regard to an issue in- Mr. LOTT. Mr. President, we have taken a lot to get to this point. We are here, and I applaud all of those who volved in this conference. And the been working very diligently with a chairman of the Finance Committee number of Senators and the Demo- had a part to play in it, in particular the majority leader and the Senator has assured me, Senator D’AMATO, and cratic leader to reach some unanimous Senator MOYNIHAN that the language, consent agreements that are very im- from Massachusetts. Mr. KENNEDY. Will the Senator under this legislation, with regard to portant for the body. If the Members yield? electric and gas utilities that are eligi- will give me a few minutes, we can go Mr. LOTT. I yield to the Senator ble for the two-county local furnishing through a number of these. The time from Massachusetts. rule under current law, will not cause will not count against anyone’s time. Mr. KENNEDY. Mr. President, I want them to lose their ability to issue tax- Mr. DASCHLE. Mr. President, I ask to join in commending both the major- exempt bonds, including their ability unanimous consent that the time not ity leader and the minority leader for to expand service within the counties be taken out of the amendments. giving such support and encourage- and the cities they presently serve. The PRESIDING OFFICER. Without Mr. DASCHLE. Mr. President, I indi- objection, it is so ordered. ment towards reaching this important agreement which hopefully will free us cated to both New York Senators my f to move forward on the underlying desire to work with the majority leader to ensure that we are able to address HEALTH COVERAGE AVAILABILITY issue, which is portability and the their concerns to their satisfaction. I AND AFFORDABILITY ACT OF 1996 elimination of the preexisting condi- am sure that we can do that, and we tion for millions of Americans. This is Mr. LOTT. Mr. President, I ask unan- will work with the two Senators from legislation that reflected strong bipar- imous consent that the Senate insist New York to make that a part of what- tisan support under the leadership of on its amendments with respect to ever agreement we reach in conference. H.R. 3103, the health care reform bill, Senator KASSEBAUM and the Repub- Let me also say that with regard to the Senate agree to the request for a licans and Democrats on that commit- both conferences, the distinguished conference with the House, and the tee. majority leader has indicated his de- Chair be authorized to appoint con- I think this agreement, which in- sire to make these truly bipartisan ferees on the part of the Senate. cludes a real, fair test of some 750,000 conferences. He has given me that as- The PRESIDING OFFICER. Without policies and other consumer protec- surance on the floor on a number of oc- objection, it is so ordered. tions, will, I think, provide for a test of casions. He has related and reiterated The Presiding Officer appointed Mr. this concept. But most importantly, his determination to make that happen ROTH, Mrs. KASSEBAUM, Mr. LOTT, Mr. what it will do is move us closer to the privately to me on many occasions. KENNEDY, and Mr. MOYNIHAN conferees day when we can provide for the 25 mil- So, indeed, my expectation is that in on the part of the Senate. lion Americans that have preexisting both of these conferences we will have Mr. LOTT. Mr. President, before we conditions and for the millions of true bipartisanship in an effort to in- go to the other unanimous-consent re- Americans who want portability to volve every Member of these delega- quests, I again want to thank the dis- achieve this goal. tions. That is the reason we appoint tinguished Democratic leader for his This has been a time where there has both Democrats and Republicans. I am efforts in this. He has worked very been strong views on certain issues. very hopeful that our work can proceed hard to get a medical savings account But I think it is a real tribute to both in a way that will allow us to complete agreement. Senator KENNEDY has been of our leaders and the persistence of the work on these bills sometime in involved in that. Senator KASSEBAUM Senator KASSEBAUM, as well as the the very near future. Working to- has been very helpful in working to get leadership of Mr. ARCHER over in the gether, I am quite sure that can hap- a medical savings account agreement. House of Representatives, that we have pen. We did come to an understanding on been able to move this process forward. Again, I appreciate his assurances medical savings accounts, today. I want to say how much I look for- that we will see that bipartisanship Therefore, we now can go forward with ward to working with the majority through the deliberations of both of appointing conferees to resolve the bal- leader and the other conferees to mov- these conferences. ance of the issues. I am prepared to ing to the conclusion of the conference. Mr. LOTT. Mr. President, if I could give to the Democratic leader the lan- But I join others in thanking Senator respond to that. First, the conferees on guage that we will be working on in LOTT and Senator KASSEBAUM—and the welfare reform package did meet conference as soon as we complete Senator DASCHLE, who has been such a today—both parties—and I understand these unanimous-consent requests. strong supporter of moving this process they are going to be meeting again in Would the Democratic leader like to forward. I thank them for their very the morning, to work through the dif- comment? strong support for this conclusion. ferences between the two bodies. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8821 In the case of health insurance re- Treasury not otherwise appropriated, for the amount equal to the appropriated adminis- form, the small business tax relief District of Columbia for the fiscal year end- trative costs plus interest at a rate of four package, and the minimum wage issue, ing September 30, 1997, and for other pur- percent per annum for a term of 15 years, with a deferral of payments for the first I do not see any way it could be con- poses, namely: three years ø:Provided further, That notwith- cluded without bipartisan cooperation. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA standing the foregoing provision, the obliga- In fact, we would not have been able to tion to repay all or part of the amounts due For payment to the District of Columbia appoint these conferees tonight with- shall be subject to the rights of the owners of for the fiscal year ending September 30, 1997, any bonds or notes issued by the Housing Fi- out a lot of cooperation across the aisle $660,000,000, as authorized by section 502(a) of nance Agency and shall be repaid to the Dis- in the Senate and the bicameral co- the District of Columbia Self-Government trict of Columbia government only from operation on the other side. and Governmental Reorganization Act, Pub- available operating revenues of the Housing When the Congressman from Texas, lic Law 93–198, as amended (D.C. Code, Sec. Finance Agency that are in excess of the 47–3406.1). Mr. ARCHER, and the Senator from amounts required for debt service, reserve Massachusetts, Senator KENNEDY, can FEDERAL CONTRIBUTION TO RETIREMENT funds, and operating expenses¿: Provided fur- get together, I think we all can get to- FUNDS ther, That upon commencement of the debt gether. These conferences will proceed For the Federal contribution to the Police service payments, such payments shall be de- in this bipartisan and bicameral man- Officers and Fire Fighters’, Teachers’, and posited into the general fund of the District ner. Judges’ Retirement Funds, as authorized by of Columbia. Mr. KENNEDY. Will the Senator the District of Columbia Retirement Reform PUBLIC SAFETY AND JUSTICE Act, approved November 17, 1979 (93 Stat. 866; (INCLUDING TRANSFER OF FUNDS) yield for a brief comment? Public Law 96–122), $52,070,000. Mr. LOTT. I am glad to yield. Public safety and justice, including pur- PRESIDENTIAL INAUGURATION Mr. KENNEDY. I want to join in chase of 135 passenger-carrying vehicles for replacement only, including 130 for police- thanking both leaders in moving us For payment to the District of Columbia in lieu of reimbursement for expenses incurred type use and five for fire-type use, without forward, particularly on the minimum in connection with Presidential inauguration regard to the general purchase price limita- wage. I think all of us understand— activities, $5,702,000, as authorized by section tion for the current fiscal year, $1,041,281,000 there is virtually no difference—that 737(b) of the District of Columbia Self-Gov- and 11,842 full-time equivalent positions (in- we accept the House provisions on the ernment and Governmental Reorganization cluding $1,012,112,000 and 11,726 full-time minimum wage. We will have to make Act, Public Law 93–198, as amended (D.C. equivalent positions from local funds, sure that we have a date for enactment Code, sec. 1–1803), which shall be apportioned $19,310,000 and 112 full-time equivalent posi- tions from Federal funds, and $9,859,000 and 4 in a timely way. I had hoped that we by the Chief Financial Officer within the various appropriation headings in this Act. full-time equivalent positions from other would be able to do that with a 30-day funds): Provided, That the Metropolitan Po- DIVISION OF EXPENSES provision in there. We have done it in lice Department is authorized to replace not as short as 23 days in other times when The following amounts are appropriated to exceed 25 passenger-carrying vehicles and we have had the increase in the mini- for the District of Columbia for the current the Fire Department of the District of Co- fiscal year out of the general fund of the Dis- mum wage. lumbia is authorized to replace not to exceed trict of Columbia, except as otherwise spe- five passenger-carrying vehicles annually I want to join with Senator DASCHLE cifically provided. and others to say that these workers whenever the cost of repair to any damaged GOVERNMENTAL DIRECTION AND SUPPORT vehicle exceeds three-fourths of the cost of have waited a long time. And I am Governmental direction and support, the replacement: Provided further, That not very, very hopeful that we can get to $115,663,000 and 1,440 full-time equivalent po- to exceed $500,000 shall be available from this the conference and move ahead so that sitions (including $98,691,000 and 1,371 full- appropriation for the Chief of Police for the we complete the conference to at least time equivalent positions from local funds, prevention and detection of crime: Provided try to make sure that the working $12,192,000 and 8 full-time equivalent posi- further, That the Metropolitan Police De- families are going to get that raise tions from Federal funds, and $4,780,000 and partment shall provide quarterly reports to hopefully by Labor Day or very shortly 61 full-time equivalent positions from other the Committees on Appropriations of the House and Senate on efforts to increase effi- thereafter. funds): Provided, øThat funds expended for the Executive Office of the Mayor are not to ciency and improve the professionalism in I thank the majority leader and Sen- exceed $1,753,000: Provided further,¿ That not the department: Provided further, That not- ator DASCHLE very much for moving to exceed $2,500 for the Mayor, $2,500 for the withstanding any other provision of law, or ahead on this program. Chairman of the Council of the District of Mayor’s Order 86–45, issued March 18, 1986, f Columbia, and $2,500 for the City Adminis- the Metropolitan Police Department’s dele- trator shall be available from this appropria- gated small purchase authority shall be DISTRICT OF COLUMBIA APPRO- tion for official purposes: Provided further, $500,000: Provided further, That the District of PRIATIONS FOR FISCAL YEAR That any program fees collected from the is- Columbia government may not require the 1997 suance of debt shall be available for the pay- Metropolitan Police Department to submit to any other procurement review process, or Mr. LOTT. Mr. President, I ask unan- ment of expenses of the debt management program of the District of Columbia: Pro- to obtain the approval of or be restricted in imous consent then that the Senate vided further, That no revenues from Federal any manner by any official or employee of now turn to the consideration of Cal- sources shall be used to support the oper- the District of Columbia government, for endar No. 509, which is H.R. 3845, the ations or activities of the Statehood Com- purchases that do not exceed $500,000: Pro- District of Columbia appropriations mission and Statehood Compact Commis- vided further, That funds appropriated for ex- bill. sion: Provided further, That the District of penses under the District of Columbia Crimi- There being no objection, the Senate Columbia shall identify the sources of fund- nal Justice Act, approved September 3, 1974 (88 Stat. 1090; Public Law 93–412; D.C. Code, proceeded to consider the bill (H.R. ing for Admission to Statehood from its own locally-generated revenues. sec. 11–2601 et seq.), for the fiscal year ending 3845) making appropriations for the September 30, 1997, shall be available for ob- government of the District of Columbia ECONOMIC DEVELOPMENT AND REGULATION ligations incurred under the Act in each fis- and other activities chargeable in Economic development and regulation, cal year since inception in fiscal year 1975: whole or in part against revenues of $135,704,000 and 1,501 full-time equivalent po- Provided further, That funds appropriated for said District for the fiscal year ending sitions (including $67,196,000 and 720 full-time expenses under the District of Columbia Ne- equivalent positions from local funds, September 30, 1997, and for other pur- glect Representation Equity Act of 1984, ef- $45,708,000 and 524 full-time equivalent posi- fective March 13, 1985 (D.C. Law 5–129; D.C. poses, which had been reported from tions from Federal funds, and $22,800,000 and Code, sec. 16–2304), for the fiscal year ending the Committee on Appropriations, with 257 full-time equivalent positions from other September 30, 1997, shall be available for ob- amendments; as follows: funds): Provided, That the District of Colum- ligations incurred under the Act in each fis- (The parts of the bill intended to be bia Housing Finance Agency, established by cal year since inception in fiscal year 1985: stricken are shown in boldface brack- section 201 of the District of Columbia Hous- Provided further, That funds appropriated for ets and the parts of the bill intended to ing Finance Agency Act, effective March 3, expenses under the District of Columbia be inserted are shown in italic.) 1979 (D.C. Law 2–135; D.C. Code, sec. 45–2111), Guardianship, Protective Proceedings, and based upon its capability of repayments as Durable Power of Attorney Act of 1986, effec- H.R. 3845 determined each year by the Council of the tive February 27, 1987 (D.C. Law 6–204; D.C. Be it enacted by the Senate and House of Rep- District of Columbia from the Housing Fi- Code, sec. 21–2060), for the fiscal year ending resentatives of the United States of America in nance Agency’s annual audited financial September 30, 1997, shall be available for ob- Congress assembled, That the following sums statements to the Council of the District of ligations incurred under the Act in each fis- are appropriated, out of any money in the Columbia, shall repay to the general fund an cal year since inception in fiscal year 1989: S8822 CONGRESSIONAL RECORD — SENATE July 25, 1996 Provided further, That not to exceed $1,500 for 134); $88,100,000 from local funds for the Dis- by the Council of the District of Columbia the Chief Judge of the District of Columbia trict of Columbia Teachers’ Retirement and purchase of passenger-carrying vehicles Court of Appeals, $1,500 for the Chief Judge Fund; $69,801,000 and 917 full-time equivalent for replacement only, $247,967,000 and 1,252 of the Superior Court of the District of Co- positions (including $38,479,000 and 572 full- full-time equivalent positions (including lumbia, and $1,500 for the Executive Officer time equivalent positions from local funds, $234,391,000 and 1,149 full-time equivalent po- of the District of Columbia Courts shall be $11,747,000 and 156 full-time equivalent posi- sitions from local funds, $3,047,000 and 32 full- available from this appropriation for official tions from Federal funds, and $19,575,000 and time equivalent positions from Federal purposes: Provided further, That the District 189 full-time equivalent positions from other funds, and $10,529,000 and 71 full-time equiva- of Columbia shall operate and maintain a funds) for the University of the District of lent positions from other funds): Provided, free, 24-hour telephone information service Columbia; $22,429,000 and 415 full-time equiv- That this appropriation shall not be avail- whereby residents of the area surrounding alent positions (including $21,529,000 and 408 able for collecting ashes or miscellaneous Lorton prison in Fairfax County, Virginia, full-time equivalent positions from local refuse from hotels and places of business. can promptly obtain information from Dis- funds, $446,000 and 6 full-time equivalent po- WASHINGTON CONVENTION CENTER FUND trict of Columbia government officials on all sitions from Federal funds, and $454,000 and 1 TRANSFER PAYMENT disturbances at the prison, including es- full-time equivalent position from other For payment to the Washington Conven- capes, riots, and similar incidents: Provided funds) for the Public Library; $2,220,000 and 9 tion Center Enterprise Fund, $5,400,000 from further, That the District of Columbia gov- full-time equivalent positions (including local funds. ernment shall also take steps to publicize $1,757,000 and 2 full-time equivalent positions REPAYMENT OF LOANS AND INTEREST from local funds and $463,000 and 7 full-time the availability of the 24-hour telephone in- For reimbursement to the United States of equivalent positions from Federal funds) for formation service among the residents of the funds loaned in compliance with An Act to the Commission on the Arts and Humanities: area surrounding the Lorton prison: Provided provide for the establishment of a modern, Provided, That the public schools of the Dis- further, That not to exceed $100,000 of this ap- adequate, and efficient hospital center in the trict of Columbia are authorized to accept propriation shall be used to reimburse Fair- District of Columbia, approved August 7, 1946 fax County, Virginia, and Prince William not to exceed 31 motor vehicles for exclusive (60 Stat. 896; Public Law 79–648); section 1 of County, Virginia, for expenses incurred by use in the driver education program: Pro- An Act to authorize the Commissioners of the counties during the fiscal year ending vided further, That not to exceed $2,500 for the District of Columbia to borrow funds for September 30, 1997, in relation to the Lorton the Superintendent of Schools, $2,500 for the capital improvement programs and to amend prison complex: Provided further, That such President of the University of the District of provisions of law relating to Federal Govern- reimbursements shall be paid in all instances Columbia, and $2,000 for the Public Librarian ment participation in meeting costs of main- in which the District requests the counties shall be available from this appropriation for taining the Nation’s Capital City, approved to provide police, fire, rescue, and related official purposes: Provided further, That not June 6, 1958 (72 Stat. 183; Public Law 85–451; services to help deal with escapes, fires, less than $9,200,000 shall be available from D.C. Code, sec. 9–219); section 4 of An Act to riots, and similar disturbances involving the this appropriation for school repairs in a re- authorize the Commissioners of the District prison: Provided further, That the Mayor stricted line item: Provided further, That not of Columbia to plan, construct, operate, and shall reimburse the District of Columbia Na- less than $1,200,000 shall be available for maintain a sanitary sewer to connect the tional Guard for expenses incurred in con- local school allotments in a restricted line Dulles International Airport with the Dis- nection with services that are performed in item: Provided further, That not less than trict of Columbia system, approved June 12, emergencies by the National Guard in a mili- $4,500,000 shall be available to support kin- 1960 (74 Stat. 211; Public Law 86–515); sections tia status and are requested by the Mayor, in dergarten aides in a restricted line item: Pro- 723 and 743(f) of the District of Columbia amounts that shall be jointly determined vided further, That not less than $2,800,000 Self-Government and Governmental Reorga- and certified as due and payable for these shall be available to support substitute nization Act of 1973, approved December 24, services by the Mayor and the Commanding teachers in a restricted line item: Provided 1973, as amended (87 Stat. 821; Public Law 93– General of the District of Columbia National further, That not less than $1,788,000 shall be 198; D.C. Code, sec. 47–321, note; 91 Stat. 1156; Guard: Provided further, That such sums as available in a restricted line item for school Public Law 95–131; D.C. Code, sec. 9–219, may be necessary for reimbursement to the counselors: Provided further, That this appro- note), including interest as required thereby, District of Columbia National Guard under priation shall not be available to subsidize $333,710,000 from local funds. the preceding proviso shall be available from the education of nonresidents of the District REPAYMENT OF GENERAL FUND RECOVERY this appropriation, and the availability of of Columbia at the University of the District DEBT the sums shall be deemed as constituting of Columbia, unless the Board of Trustees of For the purpose of eliminating the payment in advance for emergency services the University of the District of Columbia $331,589,000 general fund accumulated deficit involved: Provided further, That in addition to adopts, for the fiscal year ending September as of September 30, 1990, $38,314,000 from the $1,041,281,000 appropriated under this head- 30, 1997, a tuition rate schedule that will es- local funds, as authorized by section 461(a) of ing, an additional $651,000 shall be transferred tablish the tuition rate for nonresident stu- the District of Columbia Self-Government from the Department of Public Works to the Dis- dents at a level no lower than the non- and Governmental Reorganization Act, ap- trict of Columbia Court System for maintenance resident tuition rate charged at comparable proved December 24, 1973, as amended (105 and repair of elevators/escalators, heating, ven- public institutions of higher education in the Stat. 540; Public Law 102–106; D.C. Code, sec. tilation, and air conditioning systems, fire metropolitan area. 47–321(a)(1)). alarms and security systems, materials and serv- HUMAN SUPPORT SERVICES PAYMENT OF INTEREST ON SHORT-TERM ices for building maintenance and repair, and Human support services, $1,685,707,000 and BORROWING trash removal. 6,344 full-time equivalent positions (includ- For payment of interest on short-term bor- PUBLIC EDUCATION SYSTEM ing $961,399,000 and 3,814 full-time equivalent rowing, $34,461,000 from local funds. positions from local funds, $676,665,000 and Public education system, including the de- PRESIDENTIAL INAUGURATION 2,444 full-time equivalent positions from Fed- velopment of national defense education pro- For reimbursement for necessary expenses grams, $758,815,000 and 11,276 full-time equiv- eral funds, and $47,643,000 and 86 full-time equivalent positions from other funds): Pro- incurred in connection with Presidential in- alent positions (including $632,379,000 and auguration activities as authorized by sec- 10,045 full-time equivalent positions from vided, That $24,793,000 of this appropriation, to remain available until expended, shall be tion 737(b) of the District of Columbia Self- local funds, $98,479,000 and 1,009 full-time Government and Governmental Reorganiza- available solely for District of Columbia em- equivalent positions from Federal funds, and tion Act, Public Law 93–198, as amended, ap- ployees’ disability compensation: Provided $27,957,000 and 222 full-time equivalent posi- proved December 24, 1973 (87 Stat. 824; D.C. further, That the District of Columbia shall tions from other funds), to be allocated as Code, sec. 1–1803), $5,702,000, which shall be not provide free government services such as follows: $573,430,000 and 9,935 full-time equiv- apportioned by the Chief Financial Officer water, sewer, solid waste disposal or collec- alent positions (including $479,679,000 and within the various appropriation headings in tion, utilities, maintenance, repairs, or simi- 9,063 full-time equivalent positions from this Act. lar services to any legally constituted pri- local funds, $85,823,000 and 840 full-time CERTIFICATES OF PARTICIPATION equivalent positions from Federal funds, and vate nonprofit organization (as defined in For lease payments in accordance with the $7,928,000 and 32 full-time equivalent posi- section 411(5) of Public Law 100–77, approved Certificates of Participation involving the tions from other funds), for the public July 22, 1987) providing emergency shelter land site underlying the building located at schools of the District of Columbia; $2,835,000 services in the District, if the District would One Judiciary Square, $7,926,000. from local funds for public charter schools: not be qualified to receive reimbursement Provided, That if the entirety of this alloca- pursuant to the Stewart B. McKinney Home- HUMAN RESOURCES DEVELOPMENT tion has not been provided as payments to less Assistance Act, approved July 22, 1987 For Human resources development, includ- one or more public charter schools by May 1, (101 Stat. 485; Public Law 100–77; 42 U.S.C. ing costs of increased employee training, ad- 1997, and remains unallocated, the funds will 11301 et seq.). ministrative reforms, and an executive com- revert to the general fund of the District of PUBLIC WORKS pensation system, $12,257,000. Columbia in accordance with section Public works, including rental of one pas- COST REDUCTION INITIATIVES 2403(a)(2)(D) of the District of Columbia senger-carrying vehicle for use by the Mayor The Chief Financial Officer of the District School Reform Act of 1995 (Public Law 104– and three passenger-carrying vehicles for use of Columbia shall, on behalf of the Mayor July 25, 1996 CONGRESSIONAL RECORD — SENATE S8823

and under the direction of the District of Co- lent positions (including $7,850,000 and 100 DISTRICT OF COLUMBIA FINANCIAL RESPON- lumbia Financial Responsibility and Man- full-time equivalent positions for adminis- SIBILITY AND MANAGEMENT ASSISTANCE AU- agement Assistance Authority, make reduc- trative expenses and $240,050,000 for non-ad- THORITY tions of $47,411,000 and 2,411 full-time equiva- ministrative expenses from revenue gen- For the District of Columbia Financial Re- lent positions as follows: $4,488,000 in real es- erated by the Lottery Board), to be derived sponsibility and Management Assistance Au- tate initiatives, $6,317,000 in management in- from non-Federal District of Columbia reve- thority, established by section 101(a) of the formation systems, $2,271,000 in energy cost nues: Provided, That the District of Columbia District of Columbia Financial Responsibil- initiatives, $12,960,000 in purchasing and pro- shall identify the source of funding for this ity and Management Assistance Act of 1995, curement initiatives, and workforce reduc- appropriation title from the District’s own approved April 17, 1995 (109 Stat. 97; Public tions of 2,411 full-time positions and locally-generated revenues: Provided further, Law 104–8), $3,400,000. $21,375,000. That no revenues from Federal sources shall GENERAL PROVISIONS CAPITAL OUTLAY be used to support the operations or activi- ties of the Lottery and Charitable Games SEC. 101. The expenditure of any appropria- (INCLUDING RESCISSIONS) Control Board. tion under this Act for any consulting serv- For construction projects, an increase of ice through procurement contract, pursuant CABLE TELEVISION ENTERPRISE FUND ø$46,923,000¿ $75,923,000 (including an increase to 5 U.S.C. 3109, shall be limited to those For the Cable Television Enterprise Fund, of $34,000,000 for the highway trust fund, re- contracts where such expenditures are a established by the Cable Television Commu- allocations and rescissions for a net rescis- matter of public record and available for nications Act of 1981, effective October 22, sion of $120,496,000 from local funds appro- public inspection, except where otherwise 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801 et priated under this heading in prior fiscal provided under existing law, or under exist- seq.), $2,511,000 and 8 full-time equivalent po- years and an additional $133,419,000 in Fed- ing Executive order issued pursuant to exist- sitions (including $2,179,000 and 8 full-time eral funds), as authorized by An Act author- ing law. equivalent positions from local funds and izing the laying of water mains and service SEC. 102. Except as otherwise provided in $332,000 from other funds). sewers in the District of Columbia, the levy- this Act, all vouchers covering expenditures ing of assessments therefor, and for other STARPLEX FUND of appropriations contained in this Act shall purposes, approved April 22, 1904 (33 Stat. 244; For the Starplex Fund, $8,717,000 from be audited before payment by the designated Public Law 58–140; D.C. Code, secs. 43–1512 other funds for expenses incurred by the Ar- certifying official and the vouchers as ap- through 43–1519); the District of Columbia mory Board in the exercise of its powers proved shall be paid by checks issued by the Public Works Act of 1954, approved May 18, granted by An Act To Establish A District of designated disbursing official. 1954 (68 Stat. 101; Public Law 83–364); An Act Columbia Armory Board, and for other pur- SEC. 103. Whenever in this Act, an amount to authorize the Commissioners of the Dis- poses, approved June 4, 1948 (62 Stat. 339; is specified within an appropriation for par- trict of Columbia to borrow funds for capital D.C. Code, sec. 2–301 et seq.) and the District ticular purposes or objects of expenditure, improvement programs and to amend provi- of Columbia Stadium Act of 1957, approved such amount, unless otherwise specified, sions of law relating to Federal Government September 7, 1957 (71 Stat. 619; Public Law shall be considered as the maximum amount participation in meeting costs of maintain- 85–300; D.C. Code, sec. 2–321 et seq.): Provided, that may be expended for said purpose or ob- ing the Nation’s Capital City, approved June That the Mayor shall submit a budget for ject rather than an amount set apart exclu- 6, 1958 (72 Stat. 183; Public Law 85–451); in- the Armory Board for the forthcoming fiscal sively therefor. cluding acquisition of sites, preparation of year as required by section 442(b) of the Dis- SEC. 104. Appropriations in this Act shall plans and specifications, conducting prelimi- trict of Columbia Self-Government and Gov- be available, when authorized by the Mayor, nary surveys, erection of structures, includ- ernmental Reorganization Act, approved De- for allowances for privately-owned auto- ing building improvement and alteration and cember 24, 1973 (87 Stat. 824; Public Law 93– mobiles and motorcycles used for the per- treatment of grounds, to remain available 198; D.C. Code, sec. 47–301(b)). formance of official duties at rates estab- until expended: Provided, That funds for use D.C. GENERAL HOSPITAL lished by the Mayor: Provided, That such of each capital project implementing agency For the District of Columbia General Hos- rates shall not exceed the maximum prevail- shall be managed and controlled in accord- pital, established by Reorganization Order ing rates for such vehicles as prescribed in ance with all procedures and limitations es- No. 57 of the Board of Commissioners, effec- the Federal Property Management Regula- tablished under the Financial Management tive August 15, 1953, $112,419,000 of which tions 101–7 (Federal Travel Regulations). System: Provided further, That all funds pro- $59,735,000 shall be derived by transfer from SEC. 105. Appropriations in this Act shall vided by this appropriation title shall be the general fund and $52,684,000 shall be de- be available for expenses of travel and for available only for the specific projects and rived from other funds. the payment of dues of organizations con- purposes intended: Provided further, That D.C. RETIREMENT BOARD cerned with the work of the District of Co- notwithstanding the foregoing, all authoriza- For the D.C. Retirement Board, established lumbia government, when authorized by the tions for capital outlay projects, except by section 121 of the District of Columbia Re- Mayor: Provided, That the Council of the Dis- those projects covered by the first sentence tirement Reform Act of 1989, approved No- trict of Columbia and the District of Colum- of section 23(a) of the Federal-Aid Highway vember 17, 1979 (93 Stat. 866; D.C. Code, sec. bia Courts may expend such funds without Act of 1968, approved August 23, 1968 (82 Stat. 1–711), $16,667,000 and 13 full-time equivalent authorization by the Mayor. 827; Public Law 90–495; D.C. Code, sec. 7–134, positions from the earnings of the applicable SEC. 106. There are appropriated from the note), for which funds are provided by this retirement funds to pay legal, management, applicable funds of the District of Columbia appropriation title, shall expire on Septem- investment, and other fees and administra- such sums as may be necessary for making ber 30, 1998, except authorizations for tive expenses of the District of Columbia Re- refunds and for the payment of judgments projects as to which funds have been obli- tirement Board: Provided, That the District that have been entered against the District gated in whole or in part prior to September of Columbia Retirement Board shall provide of Columbia government: Provided, That 30, 1998: Provided further, That upon expira- to the Congress and to the Council of the nothing contained in this section shall be tion of any such project authorization the District of Columbia a quarterly report of construed as modifying or affecting the pro- funds provided herein for the project shall the allocations of charges by fund and of ex- visions of section 11(c)(3) of title XII of the lapse. penditures of all funds: Provided further, That District of Columbia Income and Franchise WATER AND SEWER ENTERPRISE FUND the District of Columbia Retirement Board Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C. Code, sec. For the Water and Sewer Enterprise Fund, shall provide the Mayor, for transmittal to 47–1812.11(c)(3)). $221,362,000 from other funds of which the Council of the District of Columbia, an SEC. 107. Appropriations in this Act shall $41,833,000 shall be apportioned and payable item accounting of the planned use of appro- be available for the payment of public assist- to the debt service fund for repayment of priated funds in time for each annual budget ance without reference to the requirement of loans and interest incurred for capital im- submission and the actual use of such funds section 544 of the District of Columbia Public provement projects. in time for each annual audited financial re- port. Assistance Act of 1982, effective April 6, 1982 LOTTERY AND CHARITABLE GAMES ENTERPRISE (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and CORRECTIONAL INDUSTRIES FUND FUND for the non-Federal share of funds necessary For the Lottery and Charitable Games En- For the Correctional Industries Fund, es- to qualify for Federal assistance under the terprise Fund, established by the District of tablished by the District of Columbia Correc- Juvenile Delinquency Prevention and Con- Columbia Appropriation Act for the fiscal tional Industries Establishment Act, ap- trol Act of 1968, approved July 31, 1968 (82 year ending September 30, 1982, approved De- proved October 3, 1964 (78 Stat. 1000; Public Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et cember 4, 1981 (95 Stat. 1174, 1175; Public Law Law 88–622), $3,052,000 and 50 full-time equiv- seq.). 97–91), as amended, for the purpose of imple- alent positions from other funds. SEC. 108. No part of any appropriation con- menting the Law to Legalize Lotteries, WASHINGTON CONVENTION CENTER ENTERPRISE tained in this Act shall remain available for Daily Numbers Games, and Bingo and Raffles FUND obligation beyond the current fiscal year un- for Charitable Purposes in the District of Co- For the Washington Convention Center En- less expressly so provided herein. lumbia, effective March 10, 1981 (D.C. Law 3– terprise Fund, $47,996,000 of which $5,400,000 SEC. 109. No funds appropriated in this Act 172; D.C. Code, secs. 2–2501 et seq. and 22–1516 shall be derived by transfer from the general for the District of Columbia government for et seq.), $247,900,000 and 100 full-time equiva- fund. the operation of educational institutions, S8824 CONGRESSIONAL RECORD — SENATE July 25, 1996 the compensation of personnel, or for other SEC. 119. (a) Notwithstanding section 422(7) term ‘‘program, project, and activity’’ shall educational purposes may be used to permit, of the District of Columbia Self-Government be synonymous with and refer specifically to encourage, facilitate, or further partisan po- and Governmental Reorganization Act of each account appropriating Federal funds in litical activities. Nothing herein is intended 1973, approved December 24, 1973 (87 Stat. 790; this Act, and any sequestration order shall to prohibit the availability of school build- Public Law 93–198; D.C. Code, sec. 1–242(7)), be applied to each of the accounts rather ings for the use of any community or par- the City Administrator shall be paid, during than to the aggregate total of those ac- tisan political group during non-school any fiscal year, a salary at a rate established counts: Provided, That sequestration orders hours. by the Mayor, not to exceed the rate estab- shall not be applied to any account that is SEC. 110. None of the funds appropriated in lished for level IV of the Executive Schedule specifically exempted from sequestration by this Act shall be made available to pay the under 5 U.S.C. 5315. the Balanced Budget and Emergency Deficit salary of any employee of the District of Co- (b) For purposes of applying any provision Control Act of 1985, approved December 12, lumbia government whose name, title, grade, of law limiting the availability of funds for 1985 (99 Stat. 1037; Public Law 99–177), as salary, past work experience, and salary his- payment of salary or pay in any fiscal year, amended. tory are not available for inspection by the the highest rate of pay established by the SEC. 125. In the event a sequestration order House and Senate Committees on Appropria- Mayor under subsection (a) of this section is issued pursuant to the Balanced Budget tions, the Subcommittee on the District of for any position for any period during the and Emergency Deficit Control Act of 1985, Columbia of the House Committee on Gov- last quarter of calendar year 1996 shall be approved December 12, 1985 (99 Stat. 1037: ernment Reform and Oversight, the Sub- deemed to be the rate of pay payable for that Public Law 99–177), as amended, after the committee on Oversight of Government position for September 30, 1996. amounts appropriated to the District of Co- Management and the District of Columbia of (c) Notwithstanding section 4(a) of the Dis- lumbia for the fiscal year involved have been the Senate Committee on Governmental Af- trict of Columbia Redevelopment Act of 1945, paid to the District of Columbia, the Mayor fairs, and the Council of the District of Co- approved August 2, 1946 (60 Stat. 793; Public of the District of Columbia shall pay to the lumbia, or their duly authorized representa- Law 79–592; D.C. Code, sec. 5–803(a)), the Secretary of the Treasury, within 15 days tive. Board of Directors of the District of Colum- after receipt of a request therefor from the SEC. 111. There are appropriated from the bia Redevelopment Land Agency shall be Secretary of the Treasury, such amounts as applicable funds of the District of Columbia paid, during any fiscal year, per diem com- are sequestered by the order: Provided, That such sums as may be necessary for making pensation at a rate established by the the sequestration percentage specified in the payments authorized by the District of Co- Mayor. order shall be applied proportionately to lumbia Revenue Recovery Act of 1977, effec- SEC. 120. Notwithstanding any other provi- each of the Federal appropriation accounts tive September 23, 1977 (D.C. Law 2–20; D.C. sions of law, the provisions of the District of in this Act that are not specifically exempt- Code, sec. 47–421 et seq.). Columbia Government Comprehensive Merit ed from sequestration by the Balanced Budg- SEC. 112. No part of this appropriation shall Personnel Act of 1978, effective March 3, 1979 et and Emergency Deficit Control Act of be used for publicity or propaganda purposes (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et 1985, approved December 12, 1985 (99 Stat. or implementation of any policy including seq.), enacted pursuant to section 422(3) of 1037; Public Law 99–177), as amended. boycott designed to support or defeat legisla- the District of Columbia Self-Government SEC. 126. Nothing in this Act shall be con- tion pending before Congress or any State and Governmental Reorganization Act of strued to authorize any office, agency or en- legislature. 1973, approved December 24, 1973 (87 Stat. 790; tity to expend funds for programs or func- SEC. 113. At the start of the fiscal year, the Public Law 93–198; D.C. Code, sec. 1–242(3)), Mayor shall develop an annual plan, by quar- tions for which a reorganization plan is re- shall apply with respect to the compensation ter and by project, for capital outlay borrow- quired but has not been approved by the of District of Columbia employees: Provided, ings: Provided, That within a reasonable time Council pursuant to section 422(12) of the That for pay purposes, employees of the Dis- after the close of each quarter, the Mayor District of Columbia Self-Government and trict of Columbia government shall not be shall report to the Council of the District of Governmental Reorganization Act of 1973, subject to the provisions of title 5, United Columbia and the Congress the actual bor- approved December 24, 1973 (87 Stat. 790; Pub- States Code. rowings and spending progress compared lic Law 93–198; D.C. Code, sec. 1–242(12)) and SEC. 121. The Director of the Department of with projections. the Governmental Reorganization Proce- Administrative Services may pay rentals and SEC. 114. The Mayor shall not borrow any dures Act of 1981, effective October 17, 1981 funds for capital projects unless the Mayor repair, alter, and improve rented premises, (D.C. Law 4–42; D.C. Code, secs. 1–299.1 to 1– has obtained prior approval from the Council without regard to the provisions of section 299.7). Appropriations made by this Act for of the District of Columbia, by resolution, 322 of the Economy Act of 1932 (Public Law such programs or functions are conditioned identifying the projects and amounts to be 72–212; 40 U.S.C. 278a), based upon a deter- on the approval by the Council, prior to Oc- financed with such borrowings. mination by the Director, that by reason of tober 1, 1996, of the required reorganization SEC. 115. The Mayor shall not expend any circumstances set forth in such determina- plans. moneys borrowed for capital projects for the tion, the payment of these rents and the exe- SEC. 127. (a) An entity of the District of Co- operating expenses of the District of Colum- cution of this work, without reference to the lumbia government may accept and use a bia government. limitations of section 322, is advantageous to gift or donation during fiscal year 1997 if— SEC. 116. None of the funds appropriated by the District in terms of economy, efficiency, (1) the Mayor approves the acceptance and this Act may be obligated or expended by re- and the District’s best interest. use of the gift or donation: Provided, That programming except pursuant to advance ap- SEC. 122. No later than 30 days after the the Council of the District of Columbia may proval of the reprogramming granted accord- end of the first quarter of the fiscal year end- accept and use gifts without prior approval ing to the procedure set forth in the Joint ing September 30, 1997, the Mayor of the Dis- by the Mayor; and Explanatory Statement of the Committee of trict of Columbia shall submit to the Council (2) the entity uses the gift or donation to Conference (House Report No. 96–443), which of the District of Columbia the new fiscal carry out its authorized functions or duties. accompanied the District of Columbia Ap- year 1997 revenue estimates as of the end of (b) Each entity of the District of Columbia propriation Act, 1980, approved October 30, the first quarter of fiscal year 1997. These es- government shall keep accurate and detailed 1979 (93 Stat. 713; Public Law 96–93), as modi- timates shall be used in the budget request records of the acceptance and use of any gift fied in House Report No. 98–265, and in ac- for the fiscal year ending September 30, 1998. or donation under subsection (a) of this sec- cordance with the Reprogramming Policy The officially revised estimates at midyear tion, and shall make such records available Act of 1980, effective September 16, 1980 (D.C. shall be used for the midyear report. for audit and public inspection. Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro- SEC. 123. No sole source contract with the (c) For the purposes of this section, the vided, That for the fiscal year ending Sep- District of Columbia government or any term ‘‘entity of the District of Columbia tember 30, 1997 the above shall apply except agency thereof may be renewed or extended government’’ includes an independent agen- as modified by Public Law 104–8. without opening that contract to the com- cy of the District of Columbia. SEC. 117. None of the Federal funds pro- petitive bidding process as set forth in sec- (d) This section shall not apply to the Dis- vided in this Act shall be obligated or ex- tion 303 of the District of Columbia Procure- trict of Columbia Board of Education, which pended to provide a personal cook, chauffeur, ment Practices Act of 1985, effective Feb- may, pursuant to the laws and regulations of or other personal servants to any officer or ruary 21, 1986 (D.C. Law 6–85; D.C. Code, sec. the District of Columbia, accept and use employee of the District of Columbia. 1–1183.3), except that the District of Colum- gifts to the public schools without prior ap- SEC. 118. None of the Federal funds pro- bia Public Schools may renew or extend sole proval by the Mayor. vided in this Act shall be obligated or ex- source contracts for which competition is SEC. 128. None of the Federal funds pro- pended to procure passenger automobiles as not feasible or practical, provided that the vided in this Act may be used by the District defined in the Automobile Fuel Efficiency determination as to whether to invoke the of Columbia to provide for salaries, expenses, Act of 1980, approved October 10, 1980 (94 competitive bidding process has been made or other costs associated with the offices of Stat. 1824; Public Law 96–425; 15 U.S.C. in accordance with duly promulgated Board United States Senator or United States Rep- 2001(2)), with an Environmental Protection of Education rules and procedures. resentative under section 4(d) of the District Agency estimated miles per gallon average SEC. 124. For purposes of the Balanced of Columbia Statehood Constitutional Con- of less than 22 miles per gallon: Provided, Budget and Emergency Deficit Control Act vention Initiatives of 1979, effective March That this section shall not apply to security, of 1985, approved December 12, 1985 (99 Stat. 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1– emergency rescue, or armored vehicles. 1037; Public Law 99–177), as amended, the 113(d)). July 25, 1996 CONGRESSIONAL RECORD — SENATE S8825

PROHIBITION AGAINST USE OF FUNDS FOR broken out by control center, responsibility system and the university, respectively. The ABORTIONS center, detailed object, and agency reporting annual report shall set forth— øSEC. 129. None of the funds appropriated code, and for all funding sources; (1) the number of validated schedule A po- under this Act shall be expended for any (4) a list of all active contracts in excess of sitions in the District of Columbia Public abortion except where the life of the mother $10,000 annually, which contains the name of Schools and the University of the District of would be endangered if the fetus were carried each contractor; the budget to which the Columbia for fiscal year 1996, fiscal year 1997, to term or where the pregnancy is the result contract is charged broken out on the basis and thereafter on a full-time equivalent of an act of rape or incest.¿ of control center, responsibility center, and basis, including a compilation of all posi- SEC. 129. None of the Federal funds appro- agency reporting code; and contract identify- tions by control center, responsibility cen- priated under this Act shall be expended for any ing codes used by the D.C. Public Schools; ter, funding source, position type, position abortion except where the life of the mother payments made in the last month and year- title, pay plan, grade, and annual salary; and would be endangered if the fetus were carried to to-date, the total amount of the contract (2) a compilation of all employees in the term or where the pregnancy is the result of an and total payments made for the contract District of Columbia Public Schools and the act of rape or incest. and any modifications, extensions, renewals; University of the District of Columbia as of PROHIBITION ON DOMESTIC PARTNERS ACT and specific modifications made to each con- the preceding December 31, verified as to its øSEC. 130. No funds made available pursu- tract in the last month; accuracy in accordance with the functions ant to any provision of this Act shall be used (5) all reprogramming requests and reports that each employee actually performs, by to implement or enforce any system of reg- that are required to be, and have been, sub- control center, responsibility center, agency istration of unmarried, cohabiting couples mitted to the Board of Education; and reporting code, program (including funding whether they are homosexual, lesbian, or (6) changes made in the last month to the source), activity, location for accounting heterosexual, including but not limited to organizational structure of the D.C. Public purposes, job title, grade and classification, registration for the purpose of extending em- Schools, displaying previous and current annual salary, and position control number. ployment, health, or governmental benefits control centers and responsibility centers, (b) SUBMISSION.—The annual report re- to such couples on the same basis that such the names of the organizational entities that quired by subsection (a) of this section shall benefits are extended to legally married cou- have been changed, the name of the staff be submitted to the Congress, the Mayor, the ples; nor shall any funds made available pur- member supervising each entity affected, District of Columbia Council, the Consensus suant to any provision of this Act otherwise and the reasons for the structural change. Commission, and the Authority, not later be used to implement or enforce D.C. Act 9– MONTHLY REPORTING REQUIREMENTS than February 15 of each year. 188, signed by the Mayor of the District of UNIVERSITY OF THE DISTRICT OF COLUMBIA Columbia on April 15, 1992.¿ ANNUAL BUDGETS AND BUDGET REVISIONS SEC. 133. The University of the District of SEC. 130. No Federal funds made available SEC. 135. (a) No later than October 1, 1996, pursuant to any provision of this Act shall be Columbia shall submit to the Congress, the or within 15 calendar days after the date of used to implement or enforce any system of reg- Mayor, the District of Columbia Financial Re- the enactment of the District of Columbia istration of unmarried, cohabitating couples sponsibility and Management Assistance Au- Appropriations Act, 1997, whichever occurs whether they are homosexual, lesbian, or het- thority, and the Council of the District of Co- later, and each succeeding year, the Board of erosexual, including but not limited to registra- lumbia no later than fifteen (15) calendar Education and the University of the District tion for the purpose of extending employment, days after the end of each month a report of Columbia shall submit to the appropriate health, or governmental benefits to such couples that sets forth— congressional committees, the Mayor, the on the same basis that such benefits are ex- (1) current month expenditures and obliga- District of Columbia Council, the Consensus tended to legally married couples; nor shall any tions, year-to-date expenditures and obliga- Commission, and the District of Columbia Federal funds made available pursuant to any tions, and total fiscal year expenditure pro- Financial Responsibility and Management provision of this Act otherwise be used to imple- jections vs. budget broken out on the basis of Assistance Authority, a revised appropriated ment or enforce D.C. Act 9–188, signed by the control center, responsibility center, and ob- funds operating budget for the public school Mayor of the District of Columbia on April 15, ject class, and for all funds, non-appropriated system and the University of the District of 1992. funds, and capital financing; Columbia for such fiscal year that is in the (2) a breakdown of FTE positions and all COMPENSATION OF MEMBERS OF JUDICIAL total amount of the approved appropriation employees for the most current pay period NOMINATION COMMISSION and that realigns budgeted data for personal broken out on the basis of control center and SEC. 131. (a) IN GENERAL.—Effective as if services and other-than-personal services, re- responsibility center, for all funds, including included in the enactment of the District of spectively, with anticipated actual expendi- capital funds; Columbia Appropriations Act, 1996, section tures. (3) a list of each account for which spend- 434(b)(5) of the District of Columbia Self- ing is frozen and the amount of funds frozen, (b) The revised budget required by sub- Government and Governmental Reorganiza- broken out by control center, responsibility section (a) of this section shall be submitted tion Act is amended to read as follows: in the format of the budget that the Board of ‘‘(5) Members of the Commission shall center, detailed object, and for all funding sources; Education and the University of the District serve without compensation for services ren- of Columbia submit to the Mayor of the Dis- dered in connection with their official duties (4) a list of all active contracts in excess of $10,000 annually, which contains the name of trict of Columbia for inclusion in the May- on the Commission.’’. or’s budget submission to the Council of the (b) CONFORMING AMENDMENT.—Section each contractor; the budget to which the contract is charged broken out on the basis District of Columbia pursuant to section 442 133(b) of the District of Columbia Appropria- of the District of Columbia Self-Government tions Act, 1996 is hereby repealed, and the of control center and responsibility center, and contract identifying codes used by the and Governmental Reorganization Act, Pub- provision of law amended by such section is lic Law 93–198, as amended (D.C. Code, sec. hereby restored as if such section had not University of the District of Columbia; pay- 47–301). been enacted into law. ments made in the last month and year-to- MONTHLY REPORTING REQUIREMENTS—BOARD date, the total amount of the contract and EDUCATIONAL BUDGET APPROVAL OF EDUCATION total payments made for the contract and any modifications, extensions, renewals; and SEC. 136. The Board of Education, the SEC. 132. The Board of Education shall sub- specific modifications made to each contract Board of Trustees of the University of the mit to the Congress, the Mayor, the District in the last month; District of Columbia, the Board of Library of Columbia Financial Responsibility and Man- (5) all reprogramming requests and reports Trustees, and the Board of Governors of the agement Assistance Authority, and the Council that have been made by the University of the D.C. School of Law shall vote on and approve of the District of Columbia no later than fif- District of Columbia within the last month their respective annual or revised budgets teen (15) calendar days after the end of each in compliance with applicable law; and before submission to the Mayor of the Dis- month a report that sets forth— (6) changes made in the last month to the trict of Columbia for inclusion in the May- (1) current month expenditures and obliga- organizational structure of the University of or’s budget submission to the Council of the tions, year-to-date expenditures and obliga- the District of Columbia, displaying previous District of Columbia in accordance with sec- tions, and total fiscal year expenditure pro- and current control centers and responsibil- tion 442 of the District of Columbia Self-Gov- jections vs. budget broken out on the basis of ity centers, the names of the organizational ernment and Governmental Reorganization control center, responsibility center, agency entities that have been changed, the name of Act, Public Law 93–198, as amended (D.C. reporting code, and object class, and for all the staff member supervising each entity af- Code, sec. 47–301), or before submitting their funds, including capital financing; fected, and the reasons for the structural respective budgets directly to the Council. (2) a breakdown of FTE positions and staff change. for the most current pay period broken out PUBLIC SCHOOL EMPLOYEE EVALUATIONS on the basis of control center, responsibility ANNUAL REPORTING REQUIREMENTS SEC. 137. Notwithstanding any other provi- center, and agency reporting code within SEC. 134. (a) The Board of Education of the sion of law, rule, or regulation, the evalua- each responsibility center, for all funds, in- District of Columbia and the University of tion process and instruments for evaluating cluding capital funds; the District of Columbia shall annually com- District of Columbia Public Schools employ- (3) a list of each account for which spend- pile an accurate and verifiable report on the ees shall be a non-negotiable item for collec- ing is frozen and the amount of funds frozen, positions and employees in the public school tive bargaining purposes. S8826 CONGRESSIONAL RECORD — SENATE July 25, 1996

MODIFICATIONS OF BOARD OF EDUCATION tion that a position within the personnel au- ø(1) IN GENERAL.—Notwithstanding any REDUCTION-IN-FORCE PROCEDURES thority is to be abolished. other provision of law, the total amount ap- SEC. 138. The District of Columbia Govern- ‘‘(c) Notwithstanding any rights or proce- propriated in this Act for operating expenses ment Comprehensive Merit Personnel Act of dures established by any other provision of for the District of Columbia for fiscal year 1978, D.C. Code, sec. 1–601.1 et seq.), is amend- this title, any District government em- 1997 under the caption ‘‘DIVISION OF EX- ed— ployee, regardless of date of hire, who en- PENSES’’ shall not exceed the lesser of— (1) in section 301 (D.C. Code, sec. 1–603.1)— cumbers a position identified for abolish- ø(A) the sum of the total revenues of the (A) by inserting after paragraph (13), the ment shall be separated without competition District of Columbia for such fiscal year and following new paragraph: or assignment rights, except as provided in $40,000,000; or ‘‘(13A) The term ‘nonschool-based person- this section. ø(B) $5,108,913,000 (of which $134,528,000 ‘‘(d) An employee affected by the abolish- nel’ means any employee of the District of shall be from intra-District funds). ment of a position pursuant to this section Columbia public schools who is not based at ø(2) ENFORCEMENT.—The Chief Financial who, but for this section would be entitled to a local school or who does not provide direct Officer of the District of Columbia and the compete for retention, shall be entitled to District of Columbia Financial Responsibil- services to individual students.’’; and one round of lateral competition pursuant to (B) by inserting after paragraph (15), the ity and Management Assistance Authority Chapter 24 of the District of Columbia Per- shall take such steps as are necessary to as- following new paragraph: sonnel Manual, which shall be limited to po- ‘‘(15A) The term ‘school administrators’ sure that the District of Columbia meets the sitions in the employee’s competitive level. requirements of this section, including the means principals, assistant principals, ‘‘(e) Each employee who is a bona fide resi- apportioning by the Chief Financial Officer school program directors, coordinators, in- dent of the District of Columbia shall have of the appropriations and funds made avail- structional supervisors, and support person- added 5 years to his or her creditable service able to the District during fiscal year 1997. nel of the District of Columbia public for reduction-in-force purposes. For purposes ø(b) ACCEPTANCE AND USE OF GRANTS NOT schools.’’; of this subsection only, a nonresident Dis- INCLUDED IN CEILING.— (2) in section 801A(b)(2) (D.C. Code, sec. 1– trict employee who was hired by the District (1) IN GENERAL.—Notwithstanding sub- 609.1(b)(2)(L))— ø government prior to January 1, 1980, and has section (a), the Mayor of the District of Co- (A) by striking ‘‘(L) reduction-in-force’’ not had a break in service since that date, or lumbia may accept, obligate, and expend and inserting ‘‘(L)(i) reduction-in-force’’; and a former employee of the United States De- Federal, private, and other grants received (B) by inserting after subparagraph (L)(i), partment of Health and Human Services at by the District government that are not re- the following new clause: Saint Elizabeths Hospital who accepted em- flected in the amounts appropriated in this ‘‘(ii) notwithstanding any other provision ployment with the District government on Act. of law, the Board of Education shall not October 1, 1987, and has not had a break in ø(2) REQUIREMENT OF CHIEF FINANCIAL OFFI- issue rules that require or permit nonschool- service since that date, shall be considered a CER REPORT AND FINANCIAL RESPONSIBILITY based personnel or school administrators to District resident. AND MANAGEMENT ASSISTANCE AUTHORITY AP- be assigned or reassigned to the same com- ‘‘(f) Each employee selected for separation PROVAL.—No such Federal, private, or other pursuant to this section shall be given writ- petitive level as classroom teachers;’’; and grant may be accepted, obligated, or ex- ten notice of at least 30 days before the effec- (3) in section 2402 (D.C. Code, sec. 1–625.2), pended pursuant to paragraph (1) until— by adding at the end the following new sub- tive date of his or her separation. ‘‘(g) Neither the establishment of a com- ø(A) the Chief Financial Officer of the Dis- section: trict submits to the District of Columbia Fi- ‘‘(f) Notwithstanding any other provision petitive area smaller than an agency, nor the nancial Responsibility and Management As- of law, the Board of Education shall not re- determination that a specific position is to sistance Authority established by Public quire or permit nonschool-based personnel or be abolished, nor separation pursuant to this Law 104–8 (109 Stat. 97) a report setting forth school administrators to be assigned or reas- section shall be subject to review except as detailed information regarding such grant; signed to the same competitive level as follows— and classroom teachers.’’. ‘‘(1) an employee may file a complaint con- (B) the District of Columbia Financial Re- SEC. 139. (a) Notwithstanding any other testing a determination or a separation pur- ø provision of law, rule, or regulation, an em- suant to title XV of this Act or section 303 of sponsibility and Management Assistance Au- ployee of the District of Columbia Public the Human Rights Act of 1977, effective De- thority has reviewed and approved the ac- Schools shall be— cember 13, 1977 (D.C. Law 2–38; D.C. Code, sec. ceptance, obligation, and expenditure of such (1) classified as an Educational Service em- 1–2543); and grant in accordance with review and ap- proval procedures consistent with the provi- ployee; ‘‘(2) an employee may file with the Office sions of Public Law 104–8, the District of Co- (2) placed under the personnel authority of of Employee Appeals an appeal contesting lumbia Financial Responsibility and Man- the Board of Education; and that the separation procedures of sub- agement Assistance Act of 1995. (3) subject to all Board of Education rules. sections (d) and (f) of this section were not (3) PROHIBITION ON SPENDING IN ANTICIPA- (b) School-based personnel shall constitute properly applied. ø a separate competitive area from nonschool- ‘‘(h) An employee separated pursuant to TION OF APPROVAL OR RECEIPT.—No amount based personnel who shall not compete with this section shall be entitled to severance may be obligated or expended from the gen- school-based personnel for retention pur- pay in accordance with title XI of this Act, eral fund or other funds of the District gov- poses. except that the following shall be included in ernment in anticipation of the approval or receipt of a grant under paragraph (2)(B) or MODIFICATION OF REDUCTION-IN-FORCE computing creditable service for severance in anticipation of the approval or receipt of PROCEDURES pay for employees separated pursuant to this a Federal, private, or other grant not subject SEC. 140. (a) Section 2401 of the District of section— to such paragraph. Columbia Government Comprehensive Merit ‘‘(1) four years for an employee who quali- ø(4) MONTHLY REPORTS.—The Chief Finan- Personnel Act of 1978 (D.C. Code, sec. 1–625.1 fied for veterans preference under this Act, cial Officer of the District shall prepare a et seq.) is amended by amending the third and monthly report setting forth detailed infor- sentence to read as follows: ‘‘A personnel au- ‘‘(2) three years for an employee who quali- mation regarding all Federal, private, and thority may establish lesser competitive fied for residency preference under this Act. other grants subject to this subsection. Each areas within an agency on the basis of all or ‘‘(i) Separation pursuant to this section such report shall be submitted to the Council a clearly identifiable segment of an agency’s shall not affect an employee’s rights under of the District of Columbia, and to the Com- mission or a division or major subdivision of either the Agency Reemployment Priority mittees on Appropriations of the House of an agency.’’. Program or the Displaced Employee Pro- (b) The District of Columbia Government gram established pursuant to Chapter 24 of Representatives and the Senate, not later Comprehensive Merit Personnel Act of 1978 the District Personnel Manual. than 15 days after the end of the month cov- (D.C. Code, sec. 1–601.1 et seq.), as amended ‘‘(j) The Mayor shall submit to the Council ered by the report.¿ by section 149 of the District of Columbia a listing of all positions to be abolished by ACCEPTANCE AND USE OF GRANTS Appropriations Act, 1996 (Public Law 104– agency and responsibility center by March 1, SEC. 141. (a) ACCEPTANCE AND USE OF 134), is amended by adding at the end the fol- 1997, or upon the delivery of termination no- GRANTS.— lowing new section: tices to individual employees. (1) IN GENERAL.—The Mayor of the District of ‘‘(k) Notwithstanding the provisions of sec- ‘‘SEC. 2407. ABOLISHMENT OF POSITIONS FOR Columbia may accept, obligate, and expend Fed- FISCAL YEAR 1997. tion 1708 or section 2402(d), the provisions of eral, private, and other grants received by the ‘‘(a) Notwithstanding any other provision this Act shall not be deemed negotiable. District government that are not reflected in the of law, regulation, or collective bargaining ‘‘(l) A personnel authority shall cause a 30- amounts appropriated in this Act. day termination notice to be served, no later agreement either in effect or to be nego- (2) REQUIREMENT OF CHIEF FINANCIAL OFFICER than September 1, 1997, on any incumbent tiated while this legislation is in effect for REPORT AND FINANCIAL RESPONSIBILITY AND employee remaining in any position identi- the fiscal year ending September 30, 1997, MANAGEMENT ASSISTANCE AUTHORITY AP- fied to be abolished pursuant to subsection each agency head is authorized, within the PROVAL.—No such Federal, private, or other agency head’s discretion, to identify posi- (b) of this section’’. grant may be accepted, obligated, or expended tions for abolishment. øCEILING ON EXPENSES AND DEFICIT pursuant to paragraph (1) until— ‘‘(b) Prior to February 1, 1997, each person- øSEC. 141. (a) CEILING ON TOTAL OPERATING (A) the Chief Financial Officer of the District nel authority shall make a final determina- EXPENSES AND DEFICIT.— submits to the District of Columbia Financial July 25, 1996 CONGRESSIONAL RECORD — SENATE S8827 Responsibility and Management Assistance Au- December 24, 1973, the Council may comment actuarial report required by section 142(d) of thority established by Public Law 104–8 (109 or make recommendations concerning such the District of Columbia Retirement Reform Stat. 97) a report setting forth detailed informa- estimates, but shall have no authority to re- Act of 1979 (Public Law 96–122, approved No- tion regarding such grant; and vise such estimates.¿ vember 17, 1979) to the District of Columbia (B) the District of Columbia Financial Re- CHIEF FINANCIAL OFFICER POWERS DURING Retirement Board, the Speaker of the House sponsibility and Management Assistance Au- CONTROL PERIODS of Representatives, and the President pro thority has reviewed and approved the accept- SEC. 142. Notwithstanding any other provision tempore of the Senate. ance, obligation, and expenditure of such grant of law, during any control period in effect SEC. 144. (a) Section 451(c)(3) of the District in accordance with review and approval proce- under subtitle A of title II of the District of Co- of Columbia Self-Government and Govern- dures consistent with the provisions of Public lumbia Financial Responsibility and Manage- mental Reorganization Act, approved De- Law 104–8, the District of Columbia Financial ment Assistance Act of 1995 the following shall cember 24, 1973 (87 Stat. 803; D.C. Code, sec. Responsibility and Management Assistance Act apply: 1–1130(c)(3)), is amended by striking the word of 1995. (a) the heads and all personnel of the follow- ‘‘section’’ and inserting the word ‘‘sub- (3) PROHIBITION ON SPENDING IN ANTICIPATION ing offices, together with all other District of section’’ in its place. OF APPROVAL OR RECEIPT.—No amount may be Columbia accounting, budget, and financial obligated or expended from the general fund or management personnel, (except legislative and DISTRICT OF COLUMBIA SCHOOL REFORM other funds of the District government in antici- judicial personnel) shall be appointed by, shall SEC. 145. Section 2204(c)(2) of the District pation of the approval or receipt of a grant serve at the pleasure of, and shall act under the of Columbia School Reform Act of 1995 (Pub- under paragraph (2)(B) or in anticipation of the direction and control of the Chief Financial Of- lic Law 104–134) is amended to read as fol- approval or receipt of a Federal, private, or ficer: lows: The Office of the Treasurer. other grant not subject to such paragraph. ‘‘(2) TUITION, FEES, AND PAYMENTS.— (4) MONTHLY REPORTS.—The Chief Financial The Controller of the District of Columbia. ‘‘(A) PROHIBITION.—A public charter school Officer of the District shall prepare a monthly The Office of the Budget. The Office of Financial Information Services. may not, with respect to any student other report setting forth detailed information regard- than a nonresident student, charge tuition, ing all Federal, private, and other grants sub- The Department of Finance and Revenue. The District of Columbia Financial Responsibil- impose fees, or otherwise require payment ject to this subsection. Each such report shall be ity and Management Assistance Authority es- for participation in any program, edu- submitted to the Council of the District of Co- tablished pursuant to Public Law 104–8, ap- cational offering, or activity that— lumbia, and to the Committees on Appropria- proved April 17, 1995, may remove such individ- ‘‘(i) enrolls students in any grade from kin- tions of the House of Representatives and the uals from office for cause, after consultation dergarten through grade 12; or Senate, not later than 15 days after the end of with the Mayor and the Chief Financial Officer. ‘‘(ii) is funded in whole or part through an the month covered by the report. (b) The Chief Financial Officer shall prepare annual local appropriation. øCHIEF FINANCIAL OFFICER POWERS DURING and submit to the Mayor, for inclusion in the ‘‘(B) EXCEPTION.—A public charter school CONTROL PERIODS annual budget of the District of Columbia under may impose fees or otherwise require pay- øSEC. 142. Notwithstanding any other pro- part D of title IV of the District of Columbia ment, at rates established by the Board of vision of law, during any control period in ef- Self-Government and Governmental Reorganiza- Trustees of the school, for any program, edu- fect under subtitle A of title II of the Dis- tion Act of 1973, approved December 24, 1973 (87 cational offering, or activity not described in trict of Columbia Financial Responsibility Stat. 774; Public Law 93–198), as amended, for clause (i) or (ii) of subparagraph (A), includ- and Management Assistance Act of 1995 the each fiscal year occurring during a control pe- ing adult education programs, or for field following shall apply: riod in effect under subtitle A of title II of the trips or similar activities.’’. ø(a) the heads and all personnel of the fol- District of Columbia Financial Responsibility SEC. 146. (a) COMPLIANCE WITH BUY AMER- lowing offices, together with all other Dis- and Management Assistance Act of 1995, annual ICAN ACT.—None of the funds made available trict of Columbia executive branch account- estimates of the expenditures and appropria- in this Act may be expended by an entity un- ing, budget, and financial management per- tions necessary for the operation of the Office of less the entity agrees that in expending the sonnel, shall be appointed by, shall serve at the Chief Financial Officer for the year. All funds the entity will comply with the Buy the pleasure of, and shall act under the di- such estimates shall be forwarded by the Mayor American Act (41 U.S.C. 10a–10c). rection and control of the Chief Financial to the Council of the District of Columbia for its (b) SENSE OF CONGRESS; REQUIREMENT RE- Officer: action pursuant to sections 446 and 603(c) of the GARDING NOTICE.— øThe Office of the Treasurer. District of Columbia Self-Government and Gov- (1) PURCHASE OF AMERICAN-MADE EQUIPMENT øThe Controller of the District of Colum- ernmental Reorganization Act, Public Law 93– AND PRODUCTS.—In the case of any equipment bia. 198, approved December 24, 1973, without revi- or product that may be authorized to be pur- øThe Office of the Budget. sion but subject to recommendations. Notwith- chased with financial assistance provided øThe Office of Financial Information Serv- standing any other provisions of the District of using funds made available in this Act, it is ices. Columbia Self-Government and Governmental the sense of the Congress that entities re- øThe Department of Finance and Revenue. Reorganization Act, Public Law 93–198, ap- ceiving the assistance should, in expending The District of Columbia Financial Respon- proved December 24, 1973, the Council may com- the assistance, purchase only American- sibility and Management Assistance Author- ment or make recommendations concerning such made equipment and products to the great- ity established pursuant to Public Law 104–8, estimates, but shall have no authority to revise est extent practicable. approved April 17, 1995, may remove such in- such estimates. (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— dividuals from office for cause, after con- POLICE AND FIRE FIGHTER DISABILITY In providing financial assistance using funds sultation with the Mayor and the Chief Fi- RETIREMENTS made available in this Act, the head of each nancial Officer. SEC. 143. (a) Up to 50 police officers and up agency of the Federal or District of Colum- ø(b) The Chief Financial Officer shall pre- to 50 Fire and Emergency Medical Services bia government shall provide to each recipi- pare and submit to the Mayor, for inclusion members with less than 20 years of depart- ent of the assistance a notice describing the in the annual budget of the District of Co- mental service who were hired before Feb- statement made in paragraph (1) by the Con- lumbia under part D of title IV of the Dis- ruary 14, 1980, and who retire on disability gress. trict of Columbia Self-Government and Gov- before the end of calendar year 1997 shall be (c) PROHIBITION OF CONTRACTS WITH PER- ernmental Reorganization Act of 1973, ap- excluded from the computation of the rate of SONS FALSELY LABELING PRODUCTS AS MADE proved December 24, 1973 (87 Stat. 774; Public disability retirements under subsection IN AMERICA.—If it has been finally deter- Law 93–198), as amended, for each fiscal year 145(a) of the District of Columbia Retirement mined by a court or Federal agency that any occurring during a control period in effect Reform Act of 1979 (93 Stat. 882; D.C. Code, person intentionally affixed a label bearing a under subtitle A of title II of the District of sec. 1–725(a)), for purposes of reducing the au- ‘‘Made in America’’ inscription, or any in- Columbia Financial Responsibility and Man- thorized Federal payment to the District of scription with the same meaning, to any agement Assistance Act of 1995, annual esti- Columbia Police Officers and Fire Fighters’ product sold in or shipped to the United mates of the expenditures and appropriations Retirement Fund pursuant to subsection States that is not made in the United States, necessary for the operation of the Office of 145(c) of the District of Columbia Retirement the person shall be ineligible to receive any the Chief Financial Officer for the year. All Reform Act of 1979. such estimates shall be forwarded by the (b) The Mayor, within 30 days after the en- contract or subcontract made with funds Mayor to the Council of the District of Co- actment of this provision, shall engage an made available in this Act, pursuant to the lumbia for its action pursuant to sections 446 enrolled actuary, to be paid by the District debarment, suspension, and ineligibility pro- and 603(c) of the District of Columbia Self- of Columbia Retirement Board, and shall cedures described in sections 9.400 through Government and Governmental Reorganiza- comply with the requirements of section 9.409 of title 48, Code of Federal Regulations. tion Act, Public Law 93–198, approved De- 142(d) and section 144(d) of the District of Co- SEC. 147. Notwithstanding any other law, the cember 24, 1973, without revision but subject lumbia Retirement Reform Act of 1979 (Pub- District of Columbia Housing Finance Agency, to recommendations. Notwithstanding any lic Law 96–122, approved November 17, 1979; established by section 210 of the District of Co- other provisions of the District of Columbia D.C. Code, secs. 1–722(d) and 1–724(d). lumbia Housing Finance Agency Act, effective Self-Government and Governmental Reorga- (c) This section shall not go into effect March 3, 1979 (D.C. Law 2–135; D.C. Code, sec. nization Act, Public Law 93–198, approved until 15 days after the Mayor transmits the 45–2111) shall not be required to repay moneys S8828 CONGRESSIONAL RECORD — SENATE July 25, 1996 advanced by the District government (including nancial Authority and the process es- Mr. President, I want to thank my accrued interest thereon) pursuant to Congres- tablished by its authorizing legislation. colleagues on the subcommittee, Sen- sional appropriations for fiscal years 1980 The Mayor, the city council, the chief ator KOHL and Senator CAMPBELL. I through 1992. financial officer and the Financial Au- also want to thank the chairman of the SEC. 148. Section 2561(b) of the District of Co- lumbia School Reform Act of 1995 (Public Law thority have worked together and pro- Committee on Appropriations, Senator 104–134) is amended to read as follows: duced a budget which each supports. HATFIELD, and our distinguished rank- ‘‘(b) LIMITATION.—A waiver under subsection The committee’s bill adopts the con- ing member, Senator BYRD, for their (a) shall not apply to requirements under 40 sensus budget without change. I think leadership and assistance on this bill. U.S.C. 267a–276a–7 and Executive Order 11246.’’ we should respect the process we estab- Finally, I would like to briefly thank SEC. 149. ENERGY AND WATER SAVINGS AT DIS- lished in the control board legislation TRICT OF COLUMBIA FACILITIES.— a former Senate staff member, Mr. B. (a) REDUCTION IN FACILITY ENERGY COSTS AND and defer to the budget presented us. Timothy Leeth, for all of his work on WATER CONSUMPTION.— I think this budget is a sound one. It this bill and so many appropriations IN GENERAL.—The Director of the District of restrains spending, which is up from bills before it. Columbia Office of Energy shall, subject to the about $5 billion this year to some $5.1 As my colleagues on the Appropria- contract approval provisions of Public Law 104– billion next year, and relies on much tions Committee know, Tim joined the 8— more conservative assumptions than (A) develop a comprehensive plan to identify committee staff in 1977 and has served some past budget submissions. and accomplish energy conservation measures to during most of his tenure as the clerk achieve maximum cost-effective energy and The budget reduces spending in some areas, and increases it in others, such of the District Subcommittee, Congress water savings; after Congress he would inherit new (B) enter into innovative financing and con- as public safety. As we trim spending, tractual mechanisms including, but not limited I think it is vital that we support chairmen and committee members who to utility demand-side management programs spending in such core functions as pub- probably, like me, know very little and energy savings performance contracts and lic safety and education. about the details of the District’s oper- water conservation performance contracts: Pro- To further insure fiscal integrity, ations. vided, That the terms of such contracts do not this bill removes any ambiguity in the With extraordinary patience, intel- exceed twenty-five years; and (C) permit and encourage each department or authority of the CFO. The committee ligence, and good humor, he would suf- agency and other instrumentality of the District intends that he shall oversee all finan- fer the same questions from each one of of Columbia to participate in programs con- cial personnel in the executive branch, us year after year. He worked hard and ducted by any gas, electric or water utility of excluding the independent agencies. well for members on both sides of the the management of electricity or gas demand or Section 148 of the bill contains an im- aisle, of all different political philoso- for energy or water and conservation. portant provision authorizing the di- phies, in a thorough and professional This Act may be cited as the District of rector of the District of Columbia En- manner. He was, and remains, an out- Columbia Appropriations Act, 1997. ergy Office to negotiate energy per- standing public servant. Mr. JEFFORDS. Mr. President, I am formance contracts, the terms of which pleased to present the fiscal year 1997 We will miss his efforts on behalf of can extend up to 25 years. Under cur- District of Columbia appropriations the committee and the Senate, but the rent law, the District is limited to en- bill to the Senate. This budget is, I District of Columbia is fortunate that tering 1 year or short term contracts hope, one more step in the District’s it will continue to benefit from his which acts to discourage companies path to fiscal stability and financial work. from entering such contracts. health. Mr. President, I yield the floor, The Department of Energy’s [DOE] Our goal, in this bill and every one to Mr. BYRD. Mr. President, I commend follow, must be a city worthy in every Federal Energy Management Program is an ambitious program to reduce en- the distinguished majority [Mr. JEF- respect to be the symbol of our Na- FORDS] and minority [Mr. KOHL] man- tion—from its streets, to its schools, to ergy consumption in all Federal build- ings and installations. Agencies and agers of the Fiscal Year 1997 District of its safety. The District of Columbia is Columbia Appropriations Bill. I know, at a critical juncture. If we do not ex- Departments invite energy service companies to install energy efficient from 7 years of personal experience as ercise great care over the next few Chairman of the District of Columbia years, we will be left with a Potemkin lighting, heating, and cooling systems. The companies provide the investment Appropriations Subcommittee, how Village on the Potomac—one with much effort is required, and how much gleaming monuments and grinding pov- capital and their payback comes from a portion of the money saved when the frustration is involved, in dealing with erty. the problems encountered in formulat- The bill presented is within the sub- Agency’s energy bills are lowered. A good example of the program’s success ing this legislation. It is a thankless committee’s allocation and contains a job. Federal payment of $660 million. This is the DOE’s headquarters building re- The bill before the Senate rec- is the authorized level and the same cently relamped without any Federal ommends the $5.1 billion Fiscal Year amount as was appropriated for 1995 appropriation. It lowered the cost of 1997 District of Columbia budget that and 1996. operating the Forestall Building, re- The bill also contains $52 million in duced energy costs and saved taxpayer was forwarded to Congress. That budg- Federal contributions to the pension money. et represents a consensus agreed to by funds for police officers, firefighters, The District’s public buildings and the District of Columbia City Council, judges, and teachers. The Federal Gov- particularly its public schools are in the Mayor, and the Control Board. The ernment accepted this commitment desperate need of repair and rehabilita- Administration supports the consensus when it transferred these pension funds tion. With energy performance con- budget. to the District over a decade ago. Fi- tracting authority, the city can attract Mr. President, last year the Congress nally, the bill contains some $5.7 mil- capital improvement investments from enacted the District of Columbia Fi- lion for reimbursement for expenses re- energy service companies prepared to nancial Responsibility and Manage- sulting from next January’s Presi- install energy efficient equipment. ment Assistance Act, which was de- dential inauguration. Under this program, we can reduce the signed to restore fiscal integrity of the As my colleagues will recall, the Dis- District’s $50 million annual energy District of Columbia. Section 201(c) of trict’s financial situation had so dete- bill without the need to appropriate that legislation requires that progress riorated that last year we established a funds. Many school districts across for equalizing expenditures and reve- control board for the city. A little over America have come to rely upon this nues of the District Government must a year ago the President appointed the contracting mechanism and it is time be made with the balance being five members of the District of Colum- the District of Columbia has this au- achieved in 1999. The Subcommittee bia Financial Responsibility and Man- thority. While this would provide the Chairman and Ranking Member are agement Assistance Authority and its District with greater flexibility, these keenly aware of this requirement and work began. contracts would be subject to the same are working with the Control Board, The budget before us is the first to review by the Financial Authority for the City Council, and the Mayor, to fully benefit from the work of the Fi- all other contracts. achieve the desired result. July 25, 1996 CONGRESSIONAL RECORD — SENATE S8829 I want to commend the staff of the The bill (H.R. 3845), as amended, was things we’ve been doing. A change of Subcommittee. Tim Leeth, on the ma- deemed read a third time, and passed. course is in order. No more bailing out jority, and Terry Sauvain, on the mi- Mr. LOTT. Mr. President, I ask unan- the District; no more saving the Dis- nority, are two experienced committee imous consent that the Senate insist trict from itself. The city of Washing- staffers. Mr. Leeth has worked for both on its amendments and request a con- ton, DC, must take the initiative and the majority and minority and rep- ference with the House, and that the make the changes necessary to bring resents a proud tradition of non-par- Chair be authorized to appoint con- itself out of its present miserable con- tisanship on the Senate Appropriations ferees on the part of the Senate. dition and begin to function more effi- Committee staff. Mr. Leeth is leaving There being no objection, the Presid- ciently and affectively. Congress can- the Committee and will serve on the ing Officer (Mr. BENNETT) appointed not continue to hold the District’s staff of the Control Board. He has done Mr. CAMPBELL, Mr. HATFIELD, Mr. hand, always standing by, ready to get a fine job as a member of the Commit- KOHL, and Mr. INOUYE conferees on the the city out of a tight spot. Account- tee staff and made many important part of the Senate. ability and responsibility are in order. contributions. I thank him for his ex- Mr. GORTON. Mr. President, I would On a related subject, I see no jus- cellent service and wish him well in his like to go on record as being against tification for supporting the proposal new assignment. Mr. Sauvain contin- this bill, which ignores the very grave to cut taxes in the District. The city’s ues to serve as my Deputy Staff Direc- problems of the District of Columbia current woes are due not to tax rates tor of the Appropriations Committee, and only throws money at what can but to an outrageously inefficient gov- in addition to his work for the Sub- only be called a complete mess. ernment. Attempting to cure those committee. In the D.C. control board we have an woes with tax incentives that are not Mr. KOHL. Mr. President, I commend organization that seems incapable of available to my hard-working constitu- the distinguished Subcommittee Chair- dealing decisively with the D.C. gov- ents or to any other taxpayers across man (Mr. JEFFORDS), in connection ernment, a government that cannot the land, only serves to reward D.C. for with the Fiscal Year 1997 District of provide such basic services as law en- its outlandish mismanagement. Again, Columbia Appropriations Bill. He has forcement, fire fighting, water, sewer the District must face the source of its done a good job and I support him in and road maintenance, education, and problems—a government virtually in- his efforts. the like. Compare this with, say, the capable of governing—and tackle them The bill before the Senate rec- State of North Dakota, which, with ap- head-on ommends the $5.1 billion Fiscal Year proximately the same population but Mr. President, I would offer the 1997 District of Columbia budget that with 70,636 more square miles to man- strongest possible suggestion to my was forwarded to Congress. That budg- age, can fulfill all its basic governing colleagues on the D.C. Appropriations et represents a consensus agreed to by duties. Subcommittee that they take a new the District of Columbia City Council, For the State of North Dakota, total look at how they determine funding for the Mayor, and the Control Board. The government spending—State and the District of Columbia. Only by Administration supports the consensus local—for 1995 was approximately $2.7 adapting a course of radical change can budget. billion. Washington, DC, by contrast, Washington, DC, hope to be a normal, Mr. President, last year the Congress spent a total of $5.2 billion for 1995. In functioning city. enacted the District of Columbia Fi- other words, the D.C. government f nancial Responsibility and Manage- spends twice as much as North Dakota INTERSTATE STALKING PUNISH- ment Assistance Act, which was de- and still comes up short. Let’s look at MENT AND PREVENTION ACT OF signed to restore fiscal integrity of the it another way: Per capita government 1996 District of Columbia. Section 201(c) of spending in North Dakota is $3,857; in that legislation requires that progress D.C., it’s nearly $9,000. Mr. LOTT. Mr. President, I ask unan- for equalizing expenditures and reve- Comparing Washington, DC, to the imous consent that the Senate proceed nues of the District Government must rest of the Nation, the picture looks to the immediate consideration of Cal- be made with the balance being equally bleak. Looking at numbers endar No. 421, H.R. 2980. achieved in 1999. The Subcommittee is from sworn testimony before the D.C. The PRESIDING OFFICER. The keenly aware of this requirement and Appropriations Subcommittee, pub- clerk will report. is working with the Control Board, the lished studies and the Washington The legislative clerk read as follows: City Council, and the Mayor, to Post: A bill (H.R. 2980) to amend title 18, United achieve the desired result. ‘‘D.C. employs over 37,000 people to service States Code, with respect to stalking. I want to commend the staff of the a population of 550,000 people. The city of The PRESIDING OFFICER. Is there Subcommittee. Tim Leeth, on the ma- Los Angeles has the same number of employ- objection to the immediate consider- jority, and Terry Sauvain, on the mi- ees but a population of three million peo- ation of the bill? nority, are two able and experienced ple—six times that of D.C.’’ Even though There being no objection, the Senate staffers. After many years on the Com- Washington, D.C.—unlike Los Angeles—has proceeded to consider the bill. mittee staff, Mr. Leeth is leaving the responsibilities of a state government, these Mr. LOTT. I ask unanimous consent numbers are still striking. Committee and will continue to be as- ‘‘Despite a 25 percent drop in the number that an amendment which is at the sociated with the District of Columbia of school-aged children in the 1980s, D.C. pub- desk be immediately agreed to, the bill as a senior staff member of the Control lic education expenditures have grown to be advanced to third reading and Board. Tim is an excellent person and over $9,400 per student, the highest in the na- passed, the motion to reconsider be professional staff member. I have ap- tion. laid upon the table, and that any state- preciated his wise counsel in matters ‘‘The District spent so little on mainte- ments relating to the bill appear at the relating to the District of Columbia. nance that a court had to step in to correct appropriate place in the RECORD. My colleagues and I will miss him here fire code violations.’’ The PRESIDING OFFICER. Without in the Senate. I am pleased that his ex- What is the District’s problem? Quite objection, it is so ordered. pertise in District matters and good simply, there is no accountability in The amendment (No. 5083) was agreed humor will be available to the mem- the D.C. control board. There is cer- to, as follows: bers of the Control Board. tainly no accountability in the city At the appropriate place, insert the follow- Mr. President, I yield the floor. government. By simply continuing to ing: Mr. LOTT. Mr. President, I ask unan- write checks, and not demanding a SEC. . GUN BAN FOR INDIVIDUALS COMMITTING imous consent that the committee change in behavior, we perpetuate the DOMESTIC VIOLENCE. amendments be deemed agreed to, the problem. (a) DEFINITIONS.—Section 921(a) of title 18, bill be advanced to third reading, If it is going to improve—financially, United States Code, is amended by adding at the end the following new paragraph: passed, and the motion to reconsider be service-wise, and in terms of just plain ‘‘(33) The term ‘crime involving domestic laid upon the table. carrying out its day-to-day duties—if violence’ means a felony or misdemeanor The PRESIDING OFFICER. Without that is to happen, Mr. President, then crime of violence, regardless of length, term, objection, it is so ordered. we are going to have to stop doing the or manner of punishment, committed by a S8830 CONGRESSIONAL RECORD — SENATE July 25, 1996 current or former spouse, parent, or guard- The PRESIDING OFFICER. The ma- Because of Senator LAUTENBERG’s ian of the victim, by a person with whom the jority leader. amendment, we are also going to be victim shares a child in common, by a person Mr. LOTT. Mr. President, I would be able to keep people who batter their who is cohabiting with or has cohabited with glad to defer to Senator LAUTENBERG. wives or people with whom they live the victim as a spouse, parent, or guardian, The PRESIDING OFFICER. The Sen- or by a person similarly situated to a spouse, from having handguns. So I think it is parent, or guardian of the victim under the ator from New Jersey. going to be a great bill that will give dometic or family violence law of the juris- Mr. LAUTENBERG. I thank the the women and children of this country diction in which such felony or misdemeanor Chair. some protection that they do not now was committed.’’. I rise to express my appreciation for have, and I am very pleased to be sup- (b) UNLAWFUL ACTS.—Section 922 of title the hard work that has gone into re- portive of this compromise. 18, United Stats Code, is amended— solving the problem that we had. There I thank the Chair. (1) in subsection (d)— (A) by striking ‘‘or’’ at the end of para- was an attempt, a serious attempt to f work it out, and at times it looked like graph (7); HYDROELECTRIC PROJECT (B) by striking the period at the end of we just could not come together. But paragraph (8) and inserting ‘‘; or’’; and through the persistence of the leaders, EXTENSION (C) by inserting after paragraph (8) the fol- the help of Senator CRAIG and the Mr. LOTT. Mr. President, I ask unan- lowing new paragraph: agreement with Senator HUTCHISON, we imous consent that the Senate proceed ‘‘(9) has been convicted in any court of any were able to do this. to the immediate consideration of Cal- crime involving domestic violence where the individual has been represented by counsel It is an important piece of legisla- endar No. 234, H.R. 1051. or knowingly and intelligently waived the tion. I will take time later on to talk The PRESIDING OFFICER. The right to counsel’’; about it, but I want to express my clerk will report. (2) in subsection (g)— thanks to all of those who enabled this The legislative clerk read as follows: (A) by striking ‘‘or’’ at the end of para- piece of legislation to go through. It is A bill (H.R. 1051) to provide for the exten- graph (7); going to be very meaningful to women sion of certain hydroelectric projects located (B) in paragraph (8), by striking the in the State of West Virginia. comma and inserting ‘‘; or’’; and and families across this country. Two (C) by inserting after paragraph (8) the fol- million cases of violence are reported The PRESIDING OFFICER. Is there lowing new paragraph: within households each and every year, objection to the immediate consider- ‘‘(9) has been convicted in any court of any and this will take the murder away ation of the bill? crime involving domestic violence where the from substantial numbers of them. There being no objection, the Senate individual has been repesented by counsel or Again, I express my appreciation for proceeded to consider the bill. knowingly and intelligently waived the right the opportunity to get this bill passed. Mr. LOTT. I ask unanimous consent to counsel, ’’; and that the bill be deemed read a third (3) in subsection (s)(3)(B)(i), by inserting Mr. LOTT. I would be happy to yield before the semicolon the following: ‘‘and has to the distinguished Senator from time, passed, the motion to reconsider not been convicted in any court of any crime Texas, who moved this legislation, the be laid upon the table, and that any involving domestic violence where the indi- idea of getting some Federal ability to statements relating to the bill be vidual has been represented by counsel or deal with stalkers across State lines. It printed at the appropriate place in the knowingly and intelligently wavied the right is an issue that obviously affects RECORD. to counsel’’. women and children to the greatest de- The PRESIDING OFFICER (Mr. (c) RULES AND REGULATIONS.—Section gree in this country. She has shown BROWN). Is there objection? The Chair 926(a) of title 18, United States Code, is hears none, and it is so ordered. amended— real compassion and a determination (1) by striking ‘‘and’’ at the end of para- to get it done, and I commend her for The bill (H.R. 1051) was deemed to graph (2); her efforts. I am pleased we have been have been read three times and passed. (2) by striking the period at the end of able to get it worked out tonight. f paragraph (3) and inserting ‘‘; and’; and I would be glad to yield for her com- EXECUTIVE SESSION (3) by inserting after paragraph (3) the fol- ments on it. lowing new paragraph: ‘‘(4) regulations providing for the effective The PRESIDING OFFICER. The Sen- recept and secure storage of firearms relin- ator from Texas is recognized. EXECUTIVE CALENDAR quished by or seized from persons desscribed Mrs. HUTCHISON. I thank the Chair. Mr. LOTT. I ask unanimous consent in subsection (d)(9) or (g)(9) of section 922.’’. I thank the distinguished majority that the Senate immediately proceed The bill (H.R. 2980) was ordered to be leader and the minority leader for help- to executive session to consider the fol- engrossed for a third reading, read the ing us work this out. This is a bill that lowing nominations on the Executive third time and passed. has been pending since Memorial Day Calendar: No. 579, No. 676, and No. 680. Mr. LOTT. Mr. President, I do want to try to get all of the equipment and I further ask unanimous consent that to note that this is to amend title 18 of the resources of the FBI to go against the nominations be confirmed en bloc the U.S. Code with regard to stalking, the vicious people in this country who and the motions to reconsider be laid with an amendment by Senator LAU- would harass and threaten women and upon the table, the President be imme- TENBERG. I want to recognize the great children and would cross State lines to diately notified of the Senate’s action, work and the determined effort by Sen- do it. and the Senate then return to legisla- In the old days, we did not even have ator HUTCHISON in getting this legisla- tive session. tion through. It is something certainly stalking bills because people did not The PRESIDING OFFICER. Is there we should support, and we obviously know what the crime was, so people objection? Without objection, it is so do, and also there has been cooperation would be threatened and harassed and ordered. by Senator HUTCHISON and Senator there was no way to prosecute these vi- The nominations considered and con- CRAIG and Senator LAUTENBERG to get cious actors. But now we do have stalk- firmed en bloc are as follows: ing bills in almost every State, and this language worked out. DEPARTMENT OF JUSTICE Mr. DASCHLE. Mr. President, let me this will allow us to look them up, and if someone crosses State lines breaking Glenn Dale Cunningham, of New Jersey, to just briefly commend the distinguished be United States Marshal for the District of Senator from New Jersey for his hard a State law, we will be able to appre- New Jersey for the term of four years. hend them. I hope we will be able to work on this issue and for his patience THE JUDICIARY prevent the harm and even murders of and his cooperation in bringing it to Joan B. Gottschall, of Illinois, to be United this point. women and children in this country. States District Judge for the Northern Dis- I also wish to thank Senator CRAIG Senator LAUTENBERG is to be com- trict of Illinois. for working with us all day long in an mended for working with us to make Robert L. Hinkle, of Florida, to be United effort to find a way to resolve the out- his amendment a good amendment, and States District Judge for the Northern Dis- standing language differences, and I am it is a good amendment, and I applaud trict of Florida. very grateful to them as well. him for it. I think it adds to the bill. NOMINATION OF GLENN CUNNINGHAM Mr. LAUTENBERG addressed the He was willing to work with us, and I Mr. LAUTENBERG. Mr. President, it Chair. think we now have a very strong bill. is my pleasure to offer congratulations July 25, 1996 CONGRESSIONAL RECORD — SENATE S8831 to Glenn Cunningham, President Clin- sees a department with a $42 million That is not just my judgment. It is ton’s nominee for United States Mar- budget and over 700 employees. By any the judgment of those who have known shal for New Jersey, upon his confirma- measure, he has been outstanding in him for many years, and who have tion by the U.S. Senate. I also extend the performance of his duties. worked closely with him. my congratulations to Mr. Previously, Mr. President, Glenn Mr. President, I am proud to have Cunningham’s proud family and spent 14 years in the Jersey City Police recommended Mr. Cunningham to the friends. Department, where he rose from the President, and I am very proud and I had the honor and privilege of rec- rank of Detective to Captain. He has pleased to offer my congratulations to ommending Mr. Cunningham to the also served as an instructor at Jersey him today. I wish him all the best in President, and I want to take a few mo- City State College in criminal justice, his new position, and I hope that he ments of the Senate’s time to explain as a Commissioner of the New Jersey will serve our State and country for why I am convinced that he will do an Alcohol and Beverage Control Commis- many years. I know that he will serve outstanding job in this important posi- sion, and as Security and Housing Man- with integrity, dedication and distinc- tion. tion. Mr. President, Glenn Cunningham ager of the Jersey City Housing Au- has a long and distinguished record of thority. f public service. For over 25 years he has Mr. President, in all of these endeav- LEGISLATIVE SESSION been a widely respected law enforce- ors, Glenn Cunningham has dem- ment officer in command-level posi- onstrated that he is a man of real in- The PRESIDING OFFICER. Under tions. tegrity, as well as a man of real talent. the previous order, the Senate will re- Currently, Mr. Cunningham serves as He has also shown himself to be dedi- turn to legislative session. Director of Public Safety for Hudson cated to serving the public through law Mr. LOTT. I yield the floor, Mr. County, N.J. In that capacity, he over- enforcement. President.

N O T I C E Incomplete record of Senate proceedings. Except for concluding business which follows, today’s Senate proceedings will be continued in the next issue of the Record.

ORDERS FOR FRIDAY, JULY 26, 1996 ditional rollcall votes on Friday fol- Mr. President, I want to explain for a Mr. MURKOWSKI. Mr. President, I lowing the stacked sequence beginning moment why this amendment is need- ask unanimous consent that when the at 9:30 a.m. ed. Under current Federal law it is ille- Senate completes its business today it f gal for persons convicted of felonies to stand in adjournment until the hour of possess firearms. Yet many people who ORDER FOR ADJOURNMENT 9:30 a.m., Friday, July 26, further, that engage in serious spousal or child immediately following the prayer, the Mr. MURKOWSKI. Mr. President, if abuse ultimately are not charged with Journal of proceedings be deemed ap- there is no further business to come be- or convicted with felonies. At the end proved to date, the morning hour be fore the Senate, I ask unanimous con- of the day, due to outdated thinking, deemed to have expired, and the time sent that the Senate stand in adjourn- or perhaps after a plea bargain, they are—at most—convicted of a mis- for the two leaders be reserved for their ment under the previous order follow- demeanor. use later on in the day, and the Senate ing the remarks of my friend from New In fact, Mr. President, most of those Jersey, Senator LAUTENBERG. immediately resume the foreign oper- who commit family violence are never ations appropriations bill and the pre- The PRESIDING OFFICER. Without objection, it is so ordered. even prosecuted. When they are, one- viously scheduled votes. third of the cases that would be consid- The PRESIDING OFFICER. Without Mr. LAUTENBERG addressed the Chair. ered felonies if committed by strangers objection, it is so ordered. are, instead, filed as misdemeanors. f The PRESIDING OFFICER. The Sen- ator from New Jersey is recognized. The fact is, in many places today, do- PROGRAM Mr. LAUTENBERG. Mr. President, I mestic violence is not taken as seri- thank the Senator from Alaska. I will ously as other forms of criminal behav- Mr. MURKOWSKI. Mr. President, for ior. Often, acts of serious spouse abuse the information of all Senators, tomor- take just a few minutes, with the apol- ogy to those who are committed to are not even considered felonies. row morning, beginning at 9:30, the In just the past few years, some stay until the lights are shut off. Senate will begin a series of rollcall judges have demonstrated outrageous votes on or in relation to the remain- f callousness and disregard for women’s ing amendments to the foreign oper- INTERSTATE STALKING PUNISH- lives. Right up the road from here, Bal- ations appropriations bill, to be fol- timore County, just 2 years ago, a MENT AND PREVENTION ACT OF lowed by a vote on final passage of that State circuit court judge was hearing a 1996 bill. case involving a man who shot his wife f Mr. LAUTENBERG. Mr. President, as and killed her. As he handed down a a result of having passed a piece of leg- sentence that was primarily served on UNANIMOUS-CONSENT islation, a bill tonight, that includes weekends for a short period of time, AGREEMENT—S. 1959 an antistalking measure and a domes- the judge said that the worst part of Mr. MURKOWSKI. Mr. President, I tic violence measure, I would like to his job is ‘‘sentencing noncriminals as now ask unanimous consent that fol- take just a few minutes to comment on criminals.’’ Can you imagine, as if lowing passage of the foreign oper- it. shooting one’s wife in the head was not ations appropriations bill, the Senate Mr. President, my amendment, the criminal behavior. then begin consideration of Calendar domestic violence amendment, estab- Or the case of a man who tracked No. 496, S. 1959, the energy and water lishes a policy of zero tolerance when it down his wife and shot her five times, appropriations bill. comes to guns and domestic violence. killing her. The judge in that case gave The PRESIDING OFFICER. Without The amendment would prohibit any the man a minimal sentence, to be objection, it is so ordered. person convicted of domestic violence served on weekends. In explaining why Mr. MURKOWSKI. Mr. President, from possessing a firearm. In simple he was being so lenient, the judge said amendments are expected to be offered words, the amendment says that wife that the victim had provoked her hus- to the energy and water appropriations beaters and child abusers should not band by not telling him that she was bill; therefore, Members can expect ad- have guns. leaving their abusive marriage. S8832 CONGRESSIONAL RECORD — SENATE July 25, 1996 These, Mr. President, are just two ex- If this bill had been law, maybe, just about our Nation’s commitment to amples of the way our criminal justice maybe, a person named Marilyn Gar- ending domestic violence and about our system often refuses to treat domestic land of Barberton, OH, would be alive determination to protect millions of violence as a serious crime. Yet the today. Her husband had previously women and children who suffer from scope of the problem is enormous. Each been convicted of domestic violence of- this abuse. year, using a very conservative esti- fenses for physically abusing her. But To put it directly, Mr. President, mate, 1,500 women die because of do- even though he had shown himself to there are over 2 million cases of house- mestic abuse involving a gun. Many be- be violent and prone to wifebeating, no hold violence reported each and every lieve that the number is closer to sev- law prevented him from owning a gun. year, and 150,000 of those show a gun eral thousand. Neither of these num- Eventually, as it often does, the cycle present, a firearm present, during a bers include children. of violence spun out of control and violent rage or an argument. We ought Mr. President, when women are Marilyn’s husband used the gun to kill not to expose those people who are killed in domestic disputes, the mur- her. He then disposed of her body. It abused by a spouse or a father to fur- derers are holding a gun about 65 per- was a horrible, brutal act that was ther violence by enabling them to have cent of the time. It is not just beatings committed. It did not have to happen. a gun, with the permission of our coun- and other types of punishment. Put an- By their nature, acts of domestic vio- try. other way, two-thirds of domestic vio- lence are especially dangerous and re- So the amendment, which passed ear- lence murders involve firearms. Many quire special attention. These crimes lier, simply stands for the proposition of these murders would never have hap- involve people who have a history to- that wifebeaters and child abusers pened but for the presence of a gun. gether and perhaps share a home or a should not have guns. I think the over- The New England Journal of Medi- child. These are not violent acts be- whelming majority of Americans would cine reports that in households with a tween strangers, and they don’t arise agree. I look forward to a prompt pas- history of battering, a gun in the home from a chance meeting. Even after a sage by the House and the signature of increases the likelihood that a woman separation, the individuals involved, the President making this law. would be murdered by three times— often by necessity, have a continuing Mr. President, the following Members threefold. In other words, when you relationship of some sort, either cus- were original cosponsors of the bill I combine wife beaters and guns, the re- tody of children or common property introduced, S. 1632: Senators FEIN- sult is death. ownership. STEIN, BRADLEY, MURRAY, KENNEDY, Mr. President, I focused thus far This amendment is based on legisla- KERRY, KOHL, AKAKA, INOUYE, and mainly on wifebeaters, but domestic tion that I introduced earlier this year SIMON. violence also involves children. In at which has been endorsed by over 30 I thank the Chair and I thank the least one-half of wife-abusing families, prominent national organizations, in- staff who worked so late this evening the children are battered as well. Mr. cluding the National Coalition Against to accommodate me. President, 2,000 American children are Domestic Violence, the National Net- I yield the floor. killed each year from abuse inflicted work to End Domestic Violence, the f by a parent or a caretaker. Yet, as I Family Violence Prevention Fund, the said before, many of these abusers and American Academy of Pediatrics, and ADJOURNMENT UNTIL 9:30 A.M. batterers are prosecuted only for mis- the YWCA of the U.S.A., just to name TOMORROW demeanors, and under Federal law they a few. are still free to possess firearms. This The people who commit these crimes The PRESIDING OFFICER. In ac- amendment closes this dangerous loop- often have a history of violent or cordance with the previous order, the hole and keeps guns away from violent threatening behavior. Yet, frequently, Senate stands adjourned until 9:30 to- individuals who threaten their own they are permitted to possess firearms morrow. families, people who show they cannot with no legal restrictions. The statis- Thereupon, the Senate, at 11:18 p.m., control themselves and are prone to tics and the data are clear. Domestic adjourned until Friday, July 26, 1996, at fits of violent rage, directed, unbeliev- violence, no matter how it is labeled, 9:30 a.m. ably enough, against their own loved leads to more domestic violence. Guns f ones. The amendment says abuse your in the hands of convicted wifebeaters CONFIRMATIONS child and lose your gun. Beat your leads to murder. Executive nominations confirmed by wife, and lose your gun. Assault your I made a change from the introduced the Senate July 25, 1996: ex-wife, lose your gun, no ifs, ands or version to respond to a suggestion from buts. some of my colleagues. Like my origi- DEPARTMENT OF JUSTICE It is a tough policy, Mr. President. nal bill, which covered persons indicted GLENN DALE CUNNINGHAM, OF NEW JERSEY, TO BE U.S. MARSHAL FOR THE DISTRICT OF NEW JERSEY FOR But when it comes to domestic vio- for domestic violence offenses, this THE TERM OF 4 YEARS. lence, we have to get tough. There is amendment applies only to those who THE JUDICIARY no margin of error when it comes to have actually been convicted of domes- JOAN B. GOTTSCHALL, OF ILLINOIS, TO BE U.S. DIS- domestic abuse and guns. A firearm in tic violence. This amendment would TRICT JUDGE FOR THE NORTHERN DISTRICT OF ILLI- the hand of an abuser all too often save the lives of many innocent Ameri- NOIS. ROBERT L. HINKLE, OF FLORIDA, TO BE U.S. DISTRICT means death. cans, but it would also send a message JUDGE FOR THE NORTHERN DISTRICT OF FLORIDA.