[Congressional Record Volume 140, Number 1 (Tuesday, January 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: January 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE AUTHORIZATION ACT
The Senate continued with the consideration of the bill.
Mr. PELL. Mr. President, I am very pleased to join my colleagues in
sponsoring this amendment, and I want to reiterate my appreciation to
Senator Biden and Senator Feingold for their efforts to resolve their
differences on broadcasting. I know that both Senators have been very
engaged in this issue.
This amendment preserves the critical cost savings provisions of the
administration's proposal while it also retains for Radio Free Europe/
Radio Liberty the independence that has made them such effective voices
in the past. We have received testaments from a number of Eastern
European leaders on the importance of RFE/RL to their countries over
the past years.
The amendment establishes the same sort of independence for Radio
Free Asia. At the same time, the amendment imposes tight cost controls
to ensure that the radio operates in the most cost effective manner
possible. I commend Senator Feingold for his efforts in this area.
To conclude, I think U.S. foreign policy and American taxpayers will
benefit from this amendment.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. Mr. President, I ask for the yeas and nays on the
amendment.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. KERRY. Mr. President, I believe we are going to ask to set this
aside indefinitely?
Mr. HELMS. Exactly.
Mr. KERRY. Mr. President, I ask unanimous consent this amendment be
set aside, subject to the call of the managers of the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HELMS. Mr. President, that means, of course, that the bill is
open to further amendment, is that correct?
The PRESIDING OFFICER. The Senator is correct.
Mr. HELMS. I thank the Chair.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1247
(Purpose: To amend the Foreign Service Act of 1980 to provide the
Secretary with authority to take reduction in force actions with regard
to members of the Foreign Service, and for other purposes)
Mr. HELMS. Mr. President, I send an amendment to the desk and ask
that it be stated.
The PRESIDING OFFICER. The clerk will report the amendment.
The bill clerk read as follows:
The Senator from North Carolina [Mr. Helms] proposes an
amendment numbered 1247.
Mr. HELMS. Mr. President, I ask unanimous consent that the reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in title II, part B, add the
following:
SECTION 1. REDUCTION IN FORCE AUTHORITY WITH REGARD TO THE
FOREIGN SERVICE.
(a) In General.--(1) Title VI of the Foreign Service Act of
1980 (22 U.S.C. 4001 et seq.) is amended--
(A) by redesignating sections 611, 612, and 613 as sections
612, 613, and 614 respectively; and
(B) by inserting after section 610 the following new
section:
``Sec. 611. Reductions in Force.--(a) The Secretary may
conduct reductions in force and may prescribe regulations for
the separation of members of the Service under such
reductions in force which give due effect to--
``(1) organizational need;
``(2) documented employee qualifications, knowledge,
skills, or competencies;
``(3) documented employee performance;
``(4) tenure of employment; and
``(5) military preference.
``(6) For purposes of this section the term `members of the
Service' means the individuals described under section
103.''.
(2) The table of contents for the Foreign Service Act of
1980 is amended by striking out the items related to section
611, 612, and 613 and inserting in lieu thereof the
following:
``Sec. 611. Reductions in force.
``Sec. 612. Termination of limited appointments.
``Sec. 613. Termination of appointments of consular agents and foreign
national employees.
``Sec. 614. Foreign Service awards.''.
(b) Management Rights.--Section 1005(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4105(a)) is amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) to conduct reductions in force, and to prescribe
regulations for the separation of employees under such
reductions in force conducted under section 611;''
(c) Consultation.--The Secretary of State shall consult
with the Director of the Office of Personnel Management
before prescribing regulations for reductions in force under
section 611 of the Foreign Service Act of 1980 (as added by
subsection (a) of this section).
Mr. HELMS. Mr. President, this amendment will give the Secretary of
State the same authority over his employees that the Secretaries of
every other agency or department has over his or her employees. This
amendment expands the flexibility of the Secretary of State in
organizing and structuring the Department of State staffing levels as
he deems necessary. A rather unique situation exists here. The
situation needs to be changed.
This amendment amends the Foreign Service Act of 1980 by giving the
Secretary of State the authority to reduce but not increase the number
of employees at the State Department. Currently, the U.S. Code provides
each Cabinet-level Secretary the authority to reduce the number of
civil servants in his or her own agency. This authority does not apply
to the Foreign Service. Unlike the Civil Service, the Foreign Service
is protected from Government downsizing through a reduction in force.
It is incredible, it seems to me, that the Secretary of State does not
have the authority to reduce in force anybody in the Foreign Service.
Oh, sure, he may allow the size of the Service to shrink through
attrition or through the elimination of promotion positions in future
years, but he has only limited ability to downsize, and he has now only
the authority to reduce in force the civil servants.
This is purely an employee-management issue. If the head of an
organization finds that his staff is bloated, topheavy, of course he
should be able to restructure around the needs and objectives of the
organization, in this case the Department of State. Members of the
Foreign Service should not be treated as a protected class of
privileged individuals. They should be treated no differently than
members of the civil service on this issue.
In order to have the flexibility to establish fair personnel
practices at the State Department, the Secretary of State should have
the authority--whether he has the guts or not is another question--this
amendment offers. If the President directed the Secretary of State to
reduce personnel levels tomorrow, all reductions would fall upon civil
servants, regardless of need. The Secretary would be absolutely unable
under the law to structure personnel levels based on need or skills
necessary to carry out a mission.
The Secretary of Defense has made significant downsizing decisions,
and the Secretary of State may have to do the same. This bill approved
a reduction of $50 million in State Department salaries and expenses,
and the report language on this provision directs the Secretary of
State to take those cuts in the Washington headquarters bureaucracy and
not in the field operations; just plain, common, economic good sense.
The Secretary of State should have the authority necessary to do what
Congress is directing him to do. That is the purpose of this amendment.
There is no guarantee that this authority will ever be exercised by
the Secretary of State. I am not sure he is standing up down there
applauding this amendment. I do not care whether he is or not. What I
care about is playing fair with the American taxpayers and not having
this elite crowd down there wearing striped pants walking around doing
nothing. This amendment merely affords the Secretary of State the
opportunity to take action when the State Department personnel system
is bloated and burdened with an excess of superfluous employees.
Needless to say, I hope he uses the authority, but nothing in my
amendment requires him to use it.
This amendment follows the spirit of the Vice President's plan for
improving the Federal Government. Plain and simple, Mr. President, it
is a good-Government amendment that deserves to be adopted. I yield the
floor.
Mr. KERRY addressed the Chair.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. Mr. President, I thank the distinguished Senator from
North Carolina. This is a good amendment. The Secretary has that
authority already for the civil service, and there is really no
rationale for his not having it with respect to the Foreign Service,
and he ought to.
So we join with the Senator from North Carolina, and we are willing
to accept this. I do not believe there is anybody else desiring to
speak on it.
The PRESIDING OFFICER. Is there further debate on the amendment? If
not, the question is on agreeing to the amendment.
The amendment (No. 1247) was agreed to.
Mr. HELMS. Mr. President, I move to reconsider the vote by which the
amendment was agreed to.
Mr. KERRY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. KERRY. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1248
(Purpose: To withhold funds for fiscal years 1994 and 1995 from the
funds authorized to be appropriated for ``Contributions for
International Organizations'' until the President certifies that no
United Nations agency or United Nations-affiliated agency grants any
recognition to an organization that condones pedophilia)
Mr. HELMS. Mr. President, I send an amendment to the desk and ask
that it be stated.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from North Carolina [Mr. Helms] proposes an
amendment numbered 1248.
Mr. HELMS. Mr. President, I ask unanimous consent that the reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 9, line 16, after ``purposes'' insert the following
new subsection (b) and renumber the rest of the section
accordingly:
(b) Withholding of Funds.--Notwithstanding any other
provision of law, the funds authorized to be appropriated for
``Contributions for International Organizations'' shall be
reduced in the amount of $118,875,000 for each fiscal years
1994 and 1995, and for each year thereafter, unless the
President of the Senate that no United Nations Agency or
United Nations-Affiliated agency grants any official status,
accreditation, or recognition to any organization which
promotes, condones, or seeks the legalization of pedophilia,
or which includes as a subsidiary or member any such
organization.
Mr. HELMS. Mr. President, as the distinguished occupant of the chair
has perceived, I think, this is Save the Taxpayers Day in the U.S.
Senate.
This amendment, the pending amendment, reduces the U.S.-assessed
contribution to international organizations by, as the clerk has just
indicated, $118,875,000 for fiscal year 1994 and fiscal year 1995
unless the President of the United States certifies to Congress that no
United Nations agency grants any official status, accreditation, or
recognition to any organization that promotes, condones or seeks the
legalization of pedophilia. If we are not willing to do that, we ought
not to talk about family values or anything else. If we support bums
like that in the United Nations, we ought to get out of town and stay
gone.
I have argued for a long time--as have other Senators, including the
distinguished occupant of the chair--that the values and objectives of
the United Nations seldom coincide with those of the vast majority of
the American people. Actions of the United Nations Economic and Social
Council underscore a crucial point: We should never, never look to the
United Nations to safeguard American interests and values.
I never fathomed that the day would come when the United Nations
would officially condone the sexual molestation of children. Tragically
and shockingly, that is precisely what has happened, and it is
outrageous. Where were the U.S. officials, who are paid by the American
taxpayers and confirmed by the Senate to safeguard American interests
at the United Nations? Once again, they were fast asleep at the switch.
Let me be specific, Mr. President. This past summer, the United
Nations Economic and Social Council, [ECOSOC], granted what is termed
consultative status to an outfit called the ``International Lesbian and
Gay Association.''
Now, this International Lesbian and Gay Association is a worldwide
umbrella group of homosexual organizations headquartered in Brussels,
Belgium. According to documents supplied by the International Lesbian
and Gay Association, one of its member organizations in the United
States is the notorious North American Man Boy Love Association,
frequently referred to by its acronym NAMBLA, [N-A-M-B-L-A].
Now, NAMBLA is a pro pedophile organization. There is no question
about it, no contest to that description of it. This organization makes
little effort to hide its objectives. On page 2 of NAMBLA's
publication--the name of it is the NAMBLA Bulletin--it states--and this
is a direct quote from the publication:
We work to organize support for boys and men who have or
desire consensual sexual and emotional relationships and to
educate society on their positive nature.
Mr. President, as the little girl in the comic page used to say, ``I
may 'fro' up.''
Now, some may think that the International Lesbian and Gay
Association did not know about NAMBLA's pro pedophile agenda. However,
the International Lesbian and Gay Association readily admits that it
has known about NAMBLA's agenda since 1984.
So, Mr. President, it had to be crystal clear to anyone who conducted
any research whatsoever into NAMBLA, that this is an outfit catering to
the twisted desires of pedophiles. NAMBLA made no effort to hide those
objectives--and guess who has embraced them with open arms--the United
Nations.
Somehow, nobody at the U.S. mission to the United Nations was alarmed
by these organizations when it came time to vote. The vote in ECOSOC to
recognize this group took place July 30 of last year. ILGA, including
NAMBLA, was approved for consultative status by a vote of 22 to 4 with
17 countries abstaining. Believe it or not, the United States of
America, along with 21 other nations, put our stamp of approval, our
stamp of approval, on this international homosexual lobbying
organization, a group that condones sexual molestation of children.
See why I am offering the amendment, Mr. President? What does it mean
for ECOSOC to provide a consultative status to this pro pedophile
organization? Good question. ECOSOC, the U.N. Economic and Social
Council, according to a handbook published by the United Nations is,
and I quote:
The principal organ to coordinate the economic and social
work of the United Nations.
It purportedly deals with a broad spectrum of issues ranging from
human rights and economic and social and cultural and educational and
health and related matters.
As with most U.N. agencies, finding out how many dollars are actually
spent each year by ECOSOC, the U.N. Economic and Social Council, is
impossible; you cannot tell. You cannot find out anything. But
according to a memorandum dated September 28, 1993, the Congressional
Research Service estimated that ECOSOC spent $951 million for the years
1992-93 to carry out programs and activities.
Now, Mr. President, in addition to the funding provided by ECOSOC,
the United Nations has developed a system for granting what is called
consultative status to private, nongovernmental organizations.
According to U.N. documents, and I am quoting:
ECOSOC may consult with nongovernmental organizations which
are concerned with matters within the council's competence.
It goes on to say:
The council recognizes that these organizations should have
the opportunity to express their views and that they often
possess special experience and technical knowledge of value
to the council in its work.
What is the special competence that NAMBLA contributes to the United
Nations? I have obtained, and I can make copies available to any
Senator who wants to read about it, copies of the NAMBLA Bulletin, to
which I referred just a moment ago. That is the official publication of
that organization. Let me give the Senate, for the purpose of making it
clear in the Congressional Record, a few direct quotes from this
bulletin published by and for perverted individuals.
The North American Man Boy Love Association is both
political and educational. We work to organize support for
boys and men who have or desire consensual sexual and
emotional relationships and to educate society on their
positive nature.
Then it goes on to say:
We speak out against the oppression endured by men and boys
who love one another and support the right of all people to
consensual intergenerational relationships.
What hogwash.
Then it goes on to point out that ``NAMBLA was founded in 1978,
within Boston's gay and lesbian community, in response to a witch hunt
against man boy lovers in that city.
An article entitled ``Staying Safe and Happy as a Man-Boy Lover,'' in
the October 1991 issue of the Bulletin, which is the official NAMBLA
publication, provides tips for men wishing to engage in sexual
relationships with little boys and how not to get caught doing it.
Talking to the police, the Bulletin suggests, is a bad idea. Do not say
anything. If a cop comes around, just keep quiet.
Another suggestion offered in the Bulletin is: ``Don't keep photos of
your partner in a place where police might find them.'' It also
suggests: ``Never discuss the specifics of an illegal relationship with
therapists or social workers.''
In other words, Mr. President, the NAMBLA Bulletin is a how-to guide
for child molesters.
There is no question that the larger organization recognized by the
United Nations and the International Lesbian and Gay Association knew
about NAMBLA's despicable agenda. They knew it. They do not deny it.
Indeed, the ILGA has even passed resolutions of its own supportive of
pedophilia.
Consider the following: A 1990 resolution under the heading of ``Man-
Boy/Woman-Girl Love'' referred to pedophiles as a sexual minority and
called on members to treat them ``with respect, and to engage in
instructive dialog with them.'' It will never happen, as far as I am
concerned, Mr. President.
In 1986, a resolution stated support for ``the right of young people
to sexual and social self-determination,'' and a 1990 resolution
declared ``the right of every individual, regardless of age, to explore
and develop her or his sexuality.'' For its part, NAMBLA insists that
it is by no means a fringe member of the ILGA. In fact, NAMBLA contends
that for years, NAMBLA was that group's only member organization in the
United States of America.
Another article, in the September 1992 issue of the NAMBLA Bulletin,
to which I referred earlier, boasts, brags, about its influence in the
umbrella decision. It states that an effort had been made several years
ago by the ILGA to ``repeal positions that support sex between men and
free boys,'' but that the lobbying of NAMBLA and many other fringe
pedophile and civil rights groups prevented this from happening.
Do you not see, Mr. President? The United Nations has created a sort
of hierarchy among these groups which are given consultative status.
The homosexual group, which includes NAMBLA, was given what is called
roster status, which is the lowest degree. However, that group has
stated its desire to seek category 2 status, which would allow it to
request hearings and then later to seek category 1 status, which would
allow it to propose agenda items to ECOSOC. Groups in all three
categories can send representatives to official ECOSOC meetings and
submit written statements for circulation to the ECOSOC delegation.
Mr. President, it is important to recognize, I think, that any
category of so-called consultative status, even the ``roster'' status
conferred on this homosexual group, which includes NAMBLA, is seen as a
major achievement by them in terms of official recognition, and as they
say in gaining legitimacy. Receiving any degree of respectability or
consultative status is a message that the recognized group has special
competence in the issues with which it is involved and which are
pertinent to the United Nations.
Needless to say, the U.N. action was seen as a big victory by the
national homosexual organizations. They danced in the streets. Oh, they
slapped each other on the backs and maybe other things as well.
The local newspaper which caters to the homosexual community, the
Washington Blade, crooned. Let me quote the headline. The headline was:
``Gays Win Voice at United Nations.'' That was on page 1 in the August
20, 1993 issue of the Blade.
A spokesman for the international homosexual group approved by ECOSOC
stated in that newspaper, the Blade: ``We now have direct access into
the U.N. machinery, whereas before we were always on the outside
knocking on the door. Now we are in the system.''
This amendment proposes to keep them out of the system, or at least
not put a nickel of the American taxpayers' money into that crowd.
In reply to press inquiries about this oversight--I am being
charitable when I say oversight--the State Department says they did not
know that NAMBLA was a part of this international homosexual umbrella
group. ``Goodness gracious,'' they said, ``how did that happen?'' In
view of this administration's record of bumbling on foreign policy
matters, this is an entirely plausible explanation, I suppose. I will
just let it slide.
Privately, I have to say to some of the folks down at the State
Department--they are horribly embarrassed about this episode, and they
should be. They should be outraged, as a matter of fact. I guess it is
fair to assume that they are being candid when they said they did not
know about the umbrella group's pedophile resolutions.
Since the administration is unable to monitor which groups are being
recognized by the United Nations, this amendment is intended to provide
and to ensure some accountability because it cuts off a portion of the
U.S. contribution to international organizations unless and until the
President of the United States certifies to the Congress that no U.N.
agency--I repeat, no U.N. agency--grants recognition to pedophile
organizations.
Maybe that will provide some incentive to check into this sort of
thing the next time around before the United Nations gets any more
American tax dollars.
Mr. President, we do not have necessary Senators present. But at the
appropriate time, I shall ask for the yeas and nays on the amendment.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
amendment no. 1246
Mr. HELMS. Mr. President, after consulting with my distinguished
colleague from Massachusetts, who is managing this bill, he and I agree
that it will not be necessary to have a vote on amendment No. 1246, so
I ask unanimous consent that the yeas and nays be vitiated.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. HELMS. I thank the Chair.
Mr. KERRY. Mr. President, if the yeas and nays are now vitiated, then
the pending business would be that amendment. Could we have a vote on
that amendment? I do not believe there is any further debate.
The PRESIDING OFFICER. If there is no further debate, then the
question is on agreeing to amendment No. 1246.
The amendment (No. 1246) was agreed to.
Mr. KERRY. Mr. President, I move to reconsider the vote.
Mr. HELMS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. HELMS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Robb). Without objection, it is so
ordered.
Mr. HELMS. Mr. President, I have a parliamentary inquiry to which I
know the answer. Just for the record, what is the pending business?
The PRESIDING OFFICER. The pending business is amendment No. 1248
offered by the Senator from North Carolina.
Mr. HELMS. Mr. President, I ask unanimous consent that that amendment
may be laid aside temporarily in order that I may call up another
amendment.
The PRESIDING OFFICER. Is there objection? Without objection, the
amendment is temporarily laid aside.
Mr. HELMS. I thank the Chair.
Mr. President, it is my intent, when Senator Kerry returns to the
floor, to seek the yeas and nays on the amendment which we just laid
aside. But we will take care of that in due course.
Amendment No. 1249
Mr. HELMS. Mr. President, I send an amendment to the desk and ask
that it be stated.
The PRESIDING OFFICER. The clerk will report the amendment.
The assistant legislative clerk read as follows:
The Senator from North Carolina [Mr. Helms] proposes an
amendment numbered 1249.
On page 179, line 6, after the word ``agreement'' add the
following: ``or a bilateral U.S. nuclear cooperation
agreement.''
Mr. HELMS. Mr. President, before I begin, I will say to my
colleagues, or their staff members in their offices who may be watching
the proceedings on television, that I do not want to hog the show. If
Senators have amendments, or even if one Senator has an amendment that
he would like to deal with this afternoon, I will certainly yield the
floor for that purpose.
But in the meantime, this is a very clear and brief amendment,
because this amendment is basically only a clarification of a provision
which already exists in the bill.
Currently, section 713(b) of S. 1281 states that a nonnuclear weapons
state which abrogates an International Atomic Energy Agency full scope
safeguard agreement cannot and will not receive foreign aid from the
United States or any other aid, for that matter. We simply must put our
national foot down and say we will not have it.
This amendment adds to this prohibition simply by stating that if a
country violates a nuclear cooperation agreement with the United
States, that country would lose its U.S. aid. Clear enough.
Let me read the section with the pending amendment included.
(b) Prohibition. Notwithstanding any other provision of
law, no U.S. assistance, under the Foreign Assistance Act of
1961 shall be provided to any nonnuclear weapon State that is
found by the President to have terminated, abrogated, or
materially violated an IAEA full-scope safeguard agreement,
or----
coming to the pending amendment:
or a bilateral U.S. nuclear cooperation agreement.
That is the way that provision will read with and including the
pending amendment.
I think that the United States should care as much about adherence to
U.S. bilateral agreements as it cares about adherence to an
international agency agreement. It makes no sense to me, to say that a
country cannot receive U.S. aid after breaking an IAEA agreement, but
it can receive such aid after breaking an agreement with the United
States.
As a sovereign nation, the United States has the right to determine
how it will react to a breach of a binding obligation by another
country. We are not rewriting any rules. The United States is simply
stating how we will react to a breach of a binding obligation by
another country.
This does not apply IAEA standards to agreements with the United
States. This amendment, I reiterate for the purpose of emphasis, simply
would require compliance with agreements that have already been signed.
I think most of us would agree that compliance with nuclear
cooperation agreements is extremely important to our national
interests, and potentially extremely dangerous if nuclear material is
not treated with the utmost concern and caution.
The pending amendment makes very clear the seriousness that the
United States places on compliance with nuclear agreements.
Now, who would this affect? Well, it would not affect any country
that adheres to its agreements, obviously. And our friends have nothing
to worry about, unless--unless--they violate the provisions of a
nuclear cooperation agreement, and then they ought to have to worry a
little bit.
Most agreements contain a mechanism for cancellation for the official
abrogation between two sovereign nations. The main difference, Mr.
President, is that we will know--the entire world will know--about
those nations that officially abrogate IAEA or bilateral nuclear
agreements.
Now, I would emphasize that this amendment is absolutely prospective
and would not immediately sanction any country. However, the United
States has a number of bilateral nuclear cooperation agreements
throughout the world which potentially could be affected in the future.
Again, for the purpose of emphasis, this provision will affect only
those countries who violate their commitments to IAEA or to the United
States of America.
I, of course, hope that my fellow Senators will agree to this
amendment.
I yield the floor. Since I am the only one on the floor, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The absence of a quorum has been suggested.
The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Chair recognizes the Senator from North Carolina.
Mr. HELMS. Mr. President, having the right to modify my amendment I
send such modification to the desk.
The PRESIDING OFFICER. The Senator has that right. The amendment is
modified accordingly.
The amendment (No. 1249), as modified, is as follows:
On page 179, line 6, after the word ``agreement'' add the
following: ``or materially violated a bilateral U.S. nuclear
cooperation agreement.''
The PRESIDING OFFICER. Is there further debate on amendment 1249, as
modified? If there be no further debate, the question is on agreeing to
the amendment.
The amendment (No. 1249), as modified, was agreed to.
Mr. KERRY. Mr. President, I move to reconsider the vote.
Mr. HELMS. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. KERRY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. KERRY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Unanimous Consent Agreement
Mr. KERRY. Mr. President, first of all, with respect to the amendment
of the Senator from North Carolina, which is currently temporarily set
aside, amendment No. 1248, I ask unanimous consent that no second-
degree amendments be in order to that amendment.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Mr. PELL addressed the Chair.
The PRESIDING OFFICER. The Senator from Rhode Island, Senator Pell.
Amendment No. 1250
(Purpose: To amend the Arms Control and Disarmament Act to strengthen
the Arms Control and Disarmament Agency and to improve congressional
oversight of the activities of the Agency)
Mr. PELL. Mr. President, I send to the desk an amendment and ask for
its immediate consideration.
The PRESIDING OFFICER. Without objection, amendment No. 1248, which
is pending, is temporarily laid aside and the clerk will report the
amendment.
The assistant legislative clerk read as follows:
The Senator from Rhode Island [Mr. Pell] proposes an
amendment numbered 1250.
Mr. PELL. Mr. President, I ask unanimous consent that the reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 179, after line 6, add the following new title:
TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994
SEC. 801. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Arms
Control and Nonproliferation Act of 1994''.
(b) References in Title.--Except as specifically provided
in this title, whenever in this title an amendment or repeal
is expressed as an amendment to or repeal of a provision, the
reference shall be deemed to be made to the Arms Control and
Disarmament Act.
SEC. 802. CONGRESSIONAL DECLARATIONS; PURPOSE.
(a) Congressional Declarations.--The Congress declares
that--
(1) a fundamental goal of the United States, particularly
in the wake of the highly turbulent and uncertain
international situation fostered by the end of the Cold War,
the disintegration of the Soviet Union and the resulting
emergence of fifteen new independent states, and the
revolutionary changes in Eastern Europe, is to eliminate
chemical and biological weapons and to reduce and limit the
large numbers of nuclear weapons in the former Soviet Union
and, more generally, to prevent the proliferation of weapons
of mass destruction and their means of delivery, and of high-
technology conventional armaments as well as to prevent
regional conflicts and conventional arms races; and
(2) an ultimate goal of the United States continues to be a
world in which the use of force is subordinated to the rule
of law and international change is achieved peacefully
without the danger and burden of destabilizing and costly
armaments.
(b) Purpose.--The purpose of this title is--
(1) to strengthen the United States Arms Control and
Disarmament Agency; and
(2) to improve congressional oversight of the arms control,
nonproliferation, and disarmament activities of the United
States Arms Control and Disarmament Agency.
SEC. 803. PURPOSES.
Section 2 (22 U.S.C. 2551) is amended in the text following
the third undesignated paragraph by striking paragraphs (a),
(b), (c), and (d) and by inserting the following new
paragraphs:
``(1) The preparation for and management of United States
participation in international negotiations and
implementation fora in the arms control and disarmament
field.
``(2) When directed by the President, the preparation for,
and management of, United States participation in
international negotiations and implementation fora in the
nonproliferation field.
``(3) The conduct, support, and coordination of research
for arms control, nonproliferation, and disarmament policy
formulation.
``(4) The preparation for, operation of, or, as
appropriate, direction of, United States participation in
such control systems as may become part of United States arms
control, nonproliferation, and disarmament activities.
``(5) The dissemination and coordination of public
information concerning arms control, nonproliferation, and
disarmament.''.
SEC. 804. REPEALS.
The following provisions of law are hereby repealed:
(1) Section 26 (22 U.S.C. 2566), relating to the General
Advisory Committee.
(2) Section 36 (22 U.S.C. 2578), relating to arms control
impact information and analysis.
(3) Section 38 (22 U.S.C. 2578), relating to reports on
Standing Consultative Commission activities.
(4) Section 1002 of the Department of Defense Authorization
Act, 1986 (22 U.S.C. 2592a), relating to an annual report on
Soviet compliance with arms control commitments.
SEC. 805. DIRECTOR.
Section 22 (22 U.S.C. 2562) is amended to read as follows:
``DIRECTOR
``Sec. 22. (a) Appointment.--The Agency shall be headed by
a Director appointed by the President, by and with the advice
and consent of the Senate. No person serving on active duty
as a commissioned officer of the Armed Forces of the United
States may be appointed Director.
``(b) Duties.--(1) The Director shall serve as the
principal adviser to the Secretary of State, the National
Security Council, and the President and other executive
branch Government officials on matters relating to arms
control, nonproliferation, and disarmament matters. In
carrying out his duties under this Act, the Director, under
the direction of the President and the Secretary of State,
shall have primary responsibility within the Government for
matters relating to arms control and disarmament, and,
whenever directed by the President, primary responsibility
within the Government for matters relating to
nonproliferation.
``(2) The Director shall attend all meetings of the
National Security Council involving weapons procurement, arms
sales, consideration of the defense budget, and all arms
control, nonproliferation, and disarmament matters.''.
SEC. 806. BUREAUS, OFFICES, AND DIVISIONS.
Section 25 (22 U.S.C. 2565) is amended to read as follows:
``SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.
``The Director, under the direction of the Secretary of
State, may establish within the Agency such bureaus, offices,
and divisions as he may determine to be necessary to
discharge his responsibilities pursuant to this Act,
including a bureau of intelligence and information support
and an office to perform legal services for the Agency.''.
SEC. 807. PRESIDENTIAL SPECIAL REPRESENTATIVES.
(a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are
redesignated as sections 26 and 27, respectively.
(b) Section 26 (as redesignated by subsection (a)) is
amended to read as follows:
``PRESIDENTIAL SPECIAL REPRESENTATIVES
``Sec. 26. The President may appoint, by and with the
advice and consent of the Senate, Special Representatives of
the President for Arms Control, Nonproliferation, and
Disarmament. Each Presidential Special Representative shall
hold the personal rank of ambassador. Presidential Special
Representatives appointed under this section shall perform
their duties and exercise their powers under direction of the
President and the Secretary of State, acting through the
Director. The Agency shall be the Government agency
responsible for providing administrative support, including
funding, staff, and office space, to all Presidential Special
Representatives.''.
SEC. 808. POLICY FORMULATION.
Section 33 (22 U.S.C. 2573) is amended to read as follows:
``POLICY FORMULATION
``Sec. 33. (a) Formulation.--The Director shall prepare for
the President, the Secretary of State, and the heads of such
other Government agencies as the President may determine,
recommendations and advice concerning United States arms
control, nonproliferation, and disarmament policy.
``(b) Prohibition.--No action shall be taken pursuant to
this or any other Act that would obligate the United States
to reduce or limit the Armed Forces or armaments of the
United States in a militarily significant manner, except
pursuant to the treaty-making power of the President set
forth in Article II, Section 2, Clause 2 of the Constitution
or unless authorized by the enactment of further affirmative
legislation by the Congress of the United States.''.
SEC. 809. NEGOTIATION MANAGEMENT.
Section 34 (22 U.S.C. 2574) is amended to read as follows:
``negotiation management
``Sec. 34. (a) Responsibilities.--The Director, under the
direction of the President and the Secretary of State, shall
have primary responsibility for the preparation, conduct, and
management of United States participation in all
international negotiations and implementation fora in the
field of arms control and disarmament and shall have primary
responsibility, whenever directed by the President, for the
preparation, conduct, and management of United States
participation in international negotiations and
implementation fora in the field of nonproliferation. In
furtherance of these responsibilities Special Representatives
of the President for Nonproliferation, established pursuant
to section 26, shall, as directed by the President, serve as
the United States Government representatives to international
organizations, conferences, and activities relating to the
field of nonproliferation, such as the preparations for and
conduct of the review relating to the Treaty on the Non-
Proliferation of Nuclear Weapons.
``(b) Functions With Respect to the United States
Information Agency.--The Director shall perform functions
pursuant to section 2(c) of the Reorganization Plan 8 of 1953
with respect to providing to the United States Information
Agency official United States positions and policy on arms
control, nonproliferation, and disarmament matters for
dissemination abroad.
``(c) Authority.--The Director is authorized--
``(1) to formulate plans and make preparations for the
establishment, operation, and funding of inspections and
control systems which may become part of the United States
arms control, nonproliferation, and disarmament activities;
and
``(2) as authorized by law, to put into effect, direct, or
otherwise assume United States responsibility for such
systems.''.
SEC. 810. REPORT ON MEASURES TO COORDINATE RESEARCH AND
DEVELOPMENT.
Not later than March 31, 1995, the President shall submit
to the Congress a report prepared by the Director of the
United States Arms Control and Disarmament Agency, in
coordination with the Secretary of State, the Secretary of
Defense, the Secretary of Energy, the Chairman of the Joint
Chiefs of Staff, and the Director of Central Intelligence,
with respect to the procedures established pursuant to
section 35 of the Arms Control and Disarmament Act (22 U.S.C.
2575) for the effective coordination of research and
development on arms control, nonproliferation, and
disarmament among all departments and agencies of the
executive branch of Government.
SEC. 811. NEGOTIATING RECORDS.
(a) In General.--The Arms Control and Disarmament Act is
amended by inserting after section 35 the following:
``NEGOTIATING RECORDS
``Sec. 36. (a) Preparation of Records.--The Director shall
establish and maintain records for each arms control,
nonproliferation, and disarmament agreement to which the
United States is a party and which was under negotiation or
in force on or after January 1, 1990, which shall include
classified and unclassified materials such as instructions
and guidance, position papers, reporting cables and memoranda
of conversation, working papers, draft texts of the
agreement, diplomatic notes, notes verbal, and other internal
and external correspondence.
``(b) Negotiating and Implementation Records.--In
particular, the Director shall establish and maintain a
negotiating and implementation record for each such
agreement, which shall be comprehensive and detailed, and
shall document all communications between the parties with
respect to such agreement. Such records shall be maintained
both in hard copy and magnetic media.
``(c) Participation of Agency Personnel.--In order to
implement effectively this section, the Director shall ensure
that Agency personnel participate throughout the negotiation
and implementation phases of all arms control,
nonproliferation, and disarmament agreements.''.
(b) Report Required.--Not later than January 31, 1995, the
Director of the United States Arms Control and Disarmament
Agency shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on
Foreign Relations of the Senate a detailed report describing
the actions he has undertaken to implement section 36 of the
Arms Control and Disarmament Act.
SEC. 812. VERIFICATION OF COMPLIANCE.
Section 37 (22 U.S.C. 2577) is amended to read as follows:
``VERIFICATION OF COMPLIANCE
``Sec. 37. (a) In General.--In order to ensure that arms
control, nonproliferation, and disarmament agreements can be
adequately verified, the Director shall report to Congress,
on a timely basis, or upon request by an appropriate
committee of the Congress--
``(1) in the case of any arms control, nonproliferation, or
disarmament agreement that has been concluded by the United
States, the determination of the Director as to the degree to
which the components of such agreement can be verified;
``(2) in the case of any arms control, nonproliferation, or
disarmament agreement that has entered into force, any
significant degradation or alteration in the capacity of the
United States to verify compliance of the components of such
agreement; and
``(3) the amount and percentage of research funds expended
by the Agency for the purpose of analyzing issues relating to
arms control, nonproliferation, and disarmament verification.
``(b) Standard for Verification of Compliance.--In making
determinations under paragraphs (1) and (2) of subsection
(a), the Director shall assume all measures of concealment
not expressly prohibited could be employed and that standard
practices could be altered so as to impede verification.
``(c) Rule of Construction.--Except as otherwise provided
for by law, nothing in this section may be construed as
requiring the disclosure of sensitive information relating to
intelligence sources or methods or persons employed in the
verification of compliance with arms control,
nonproliferation, and disarmament agreements.
``(d) Participation of the Agency.--In order to ensure
adherence of the United States to obligations or commitments
undertaken in arms control, nonproliferation, and disarmament
agreements, and in order for the Director to make the
assessment required by section 51(a)(5), the Director, or the
Director's designee, shall participate in all interagency
groups or organizations within the executive branch of
Government that assess, analyze, or review United States
planned or ongoing policies, programs, or actions that have a
direct bearing on United States adherence to obligations
undertaken in arms control, nonproliferation, or disarmament
agreements.''.
SEC. 813. AUTHORITIES WITH RESPECT TO NONPROLIFERATION
MATTERS.
(a) Amendments to the Arms Export Control Act.--(1) Section
38(a)(2) of the Arms Export Control Act (22 U.S.C.
2778(a)(2)) is amended to read as follows:
``(2) Decisions on issuing export licenses under this
section shall be made in coordination with the Director of
the United States Arms Control and Disarmament Agency, taking
into account the Director's assessment as to whether the
export of an article would contribute to an arms race,
support international terrorism, increase the possibility of
outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements. The
Director of the Arms Control and Disarmament Agency is
authorized, whenever the Director determines that the
issuance of an export license under this section would be
detrimental to the national security of the United States, to
recommend to the President that such export license be
disapproved.''.
(2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is
amended--
(A) by redesignating clauses (1), (2), and (3) as clauses
(A), (B), and (C), respectively;
(B) by inserting ``(1)'' immediately after ``(a)'';
(C) by amending clause (C) (as redesignated) to read as
follows:
``(C) the assessment of the Director of the United States
Arms Control and Disarmament Agency as to whether, and the
extent to which, such sale might contribute to an arms race,
support international terrorism, increase the possibility of
outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements;''; and
(D) by adding at the end the following:
``(2) Any proposed sale made pursuant to this Act shall be
approved only after consultation with the Director of the
United States Arms Control and Disarmament Agency. The
Director of the Arms Control and Disarmament Agency is
authorized, whenever the Director determines that a sale
under this section would be detrimental to the national
security of the United States, to recommend to the President
that such sale be disapproved.''.
(3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is
amended by inserting ``and the Director of the Arms Control
and Disarmament Agency'' after ``The Secretary of Defense''.
(4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is
amended by inserting ``and the Director of the United States
Arms Control and Disarmament Agency'' after ``Secretary of
Defense''.
(5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is
amended by inserting ``and the Director of the United States
Arms Control and Disarmament Agency'' after ``The Secretary
of Commerce''.
(6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is
amended by inserting ``to include the Director of the Arms
Control and Disarmament Agency'' after ``other appropriate
Government agencies''.
(7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is
amended by inserting ``and the Director of the United States
Arms Control and Disarmament Agency'' after ``The Secretary
of Commerce''.
(b) Amendment to the Nuclear Non-Proliferation Act.--
Section 309(c) of the Nuclear Non-Proliferation Act of 1978
(42 U.S.C. 2139(a)) is amended in the second sentence by
striking out ``, as required,''.
SEC. 814. APPOINTMENT AND COMPENSATION OF PERSONNEL.
Section 41(b) (22 U.S.C. 2581(b)) is amended by striking
all that follows ``General Schedule pay rates,'' and
inserting in lieu thereof ``except that--
``(1) the Director may, to the extent the Director
determines necessary, appoint in the excepted service, and
fix the compensation of, employees possessing specialized
technical expertise without regard to provisions of title 5,
United States Code, governing appointment or compensation of
employees of the United States,
``(2) an employee who is appointed under this provision may
not be paid a salary in excess of the rate payable for
positions of equivalent difficulty or responsibility, and in
no event, may be paid at a rate exceeding the maximum rate in
effect for level 15 of the General Schedule, and
``(3) the number of employees appointed under this
paragraph shall not exceed ten percent of the number of
positions allowed under the Agency's full-time equivalent
limitation.''.
SEC. 815. SECURITY REQUIREMENTS.
Section 45(a) (22 U.S.C. 2585) is amended in the third
sentence--
(1) by inserting ``or employed directly from other
Government agencies'' after ``persons detailed from other
Government agencies''; and
(2) by striking ``by the Department of Defense or the
Department of State'' and inserting ``by such agencies''.
SEC. 816. ANNUAL REPORT TO CONGRESS; AUTHORIZATION OF
APPROPRIATIONS.
(a) In General.--Title IV of the Arms Control and
Disarmament Act is amended--
(1) by striking sections 49 and 50;
(2) by redesignating sections 51 and 53 as sections 49 and
50, respectively; and
(3) by inserting after section 50 (as redesignated by
paragraph (2)) the following new sections:
``ANNUAL REPORT TO CONGRESS
``Sec. 51. (a) In General.--Not later than January 31 of
each year, the President shall submit to the Speaker of the
House of Representatives and to the chairman of the Committee
on Foreign Relations of the Senate a report prepared by the
Director, in consultation with the Secretary of State, the
Secretary of Defense, the Secretary of Energy, the Chairman
of the Joint Chiefs of Staff, and Director of Central
Intelligence, on the status of United States policy and
actions with respect to arms control, nonproliferation, and
disarmament. Such report shall include--
``(1) a detailed statement concerning the arms control and
disarmament objectives of the executive branch of Government
for the forthcoming year;
``(2) a detailed statement concerning the nonproliferation
objectives of the executive branch of Government for the
forthcoming year;
``(3) a detailed assessment of the status of any ongoing
arms control or disarmament negotiations, including a
comprehensive description of negotiations or other activities
during the preceding year and an appraisal of the status and
prospects for the forthcoming year;
``(4) a detailed assessment of the status of any ongoing
nonproliferation negotiations or other activities, including
a comprehensive description of the negotiations or other
activities during the preceding year and an appraisal of the
status and prospects for the forthcoming year;
``(5) a detailed assessment of adherence of the United
States to obligations undertaken in arms control,
nonproliferation, and disarmament agreements, including
information on the policies and organization of each relevant
agency or department of the United States to ensure adherence
to such obligations, a description of national security
programs with a direct bearing on questions of adherence to
such obligations and of steps being taken to ensure
adherence, and a compilation of any substantive questions
raised during the preceding year and any corrective action
taken; and
``(6) a detailed assessment of the adherence of other
nations to obligations undertaken in all arms control,
nonproliferation, and disarmament agreements to which the
United States is a participating state, including information
on actions taken by each nation with regard to the size,
structure, and disposition of its military forces in order to
comply with arms control, nonproliferation, or disarmament
agreements, and shall include, in the case of each agreement
about which compliance questions exist--
``(A) a description of each significant issue raised and
efforts made and contemplated with the other participating
state to seek resolution of the difficulty;
``(B) an assessment of damage, if any, to the United States
security and other interests; and
``(C) recommendations as to any steps that should be
considered to redress any damage to United States national
security and to reduce compliance problems.
``(b) Classification of the Report.--The report required by
this section shall be submitted in unclassified form, with
classified annexes, as appropriate.
``AUTHORIZATION OF APPROPRIATIONS
``Sec. 52. (a) Authorization of Appropriations.--To carry
out the purposes of this Act, there are authorized to be
appropriated--
``(1) $57,500,000 for fiscal year 1994 and $59,375,000 for
fiscal year 1995; and
``(2) such additional amounts as may be necessary for each
fiscal year for which an authorization of appropriations is
provided for in paragraph (1) of this subsection for
increases in salary, pay, retirement, other employee benefits
authorized by law, and other nondiscretionary costs, and to
offset adverse fluctuations in foreign currency exchange
rates.
``(b) Transfer of Funds.--Funds appropriated pursuant to
this section may be allocated or transferred to any agency
for carrying out the purposes of this Act. Such funds shall
be available for obligation and expenditure in accordance
with the authorities of this Act or in accordance with the
authorities governing the activities of the agencies to which
such funds are allocated or transferred.
``(c) Limitation.--Not more than 12 percent of any
appropriation made pursuant to this Act shall be obligated or
reserved during the last month of the fiscal year.''.
(b) Effective Date.--So much of the amendment made by
subsection (a) as inserts section 52 of the Arms Control and
Disarmament Act shall be deemed to have become effective as
of October 1, 1993.
SEC. 817. CONFORMING AMENDMENTS.
(a) Section 2 (22 U.S.C. 2551) is amended--
(1) in the second undesignated paragraph, by inserting ``,
nonproliferation,'' after ``Arms control''; and
(2) in the second and third undesignated paragraphs, by
inserting ``, nonproliferation,'' after ``arms control'' each
place it appears.
(b) Section 28 (22 U.S.C. 2568) is amended--
(1) in the first sentence, by striking ``field of arms
control and disarmament'' and inserting ``fields of arms
control, nonproliferation, and disarmament''; and
(2) in the second sentence, by inserting ``,
nonproliferation,'' after ``arms control''.
(c) Section 31 (22 U.S.C. 2571) is amended--
(1) in the text above paragraph (a), by striking ``field of
arms control and disarmament'' each of the three places it
appears and inserting ``fields of arms control,
nonproliferation, and disarmament'';
(2) in the first sentence, by inserting ``and
nonproliferation'' after disarmament; and
(3) in the fourth sentence, by inserting ``,
nonproliferation,'' after arms control each of the eight
places it appears.
(d) Section 35 (22 U.S.C. 2575) is amended by inserting ``,
nonproliferation,'' after ``arms control''.
(e) Section 39 (22 U.S.C. 2579) is amended by inserting ``,
nonproliferation,'' after ``arms control'' each of the two
places it appears.
At the bottom of page 5, add the following:
TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994
Sec. 801. Short title; references in title; table of contents.
Sec. 802. Congressional declarations; purpose.
Sec. 803. Purposes.
Sec. 804. Repeals.
Sec. 805. Director.
Sec. 806. Bureaus, offices, and divisions.
Sec. 807. Presidential special representatives.
Sec. 808. Policy formulation.
Sec. 809. Negotiation management.
Sec. 810. Report on measures to coordinate research and development.
Sec. 811. Negotiating records.
Sec. 812. Verification of compliance.
Sec. 813. Authorities with respect to nonproliferation matters.
Sec. 814. Appointment and compensation of personnel.
Sec. 815. Security requirements.
Sec. 816. Annual report to Congress; authorization of appropriations.
Sec. 817. Conforming amendments.
Mr. PELL. Mr. President, this amendment is the same as S. 1182, a
bill strongly endorsed by the Committee on Foreign Relations. This
legislation has the full support of the Clinton administration. This
important legislation will revitalize and strengthen the Arms Control
and Disarmament Agency [ACDA] by clarifying its role in the national
security structure, assigning ACDA major new responsibilities, and by
redirecting its energies to the arms control challenges of the future.
It would build upon the agency's solid core of professionals to re-
create the Agency as the strong and forceful entity envisaged when ACDA
was created in 1961 in the first year of the Kennedy administration.
This act is the result of an excellent and continuing cooperation
between the executive branch and the Congress. It represents a
consensus as the best course for ACDA and it enjoys broad bipartisan
support on the Hill, as well as the support of the administration.
Mr. President, Secretary of State Christopher deserves particular
credit for the time and attention be devoted to this issue, for his
farsighted decision that ACDA should be strengthened and revitalized
and for his recommendation along those lines to the President.
President Clinton became directly involved in this issue, and it is to
his strong credit that he recognized both the arms control challenges
of the future and the critically important role ACDA can play in
meeting these challenges.
In 1991, the Committee on Foreign Relations, concerned by the reduced
stature and effectiveness of the Arms Control and Disarmament Agency,
approved unanimously an amendment offered by Senator Simon requiring a
report by the State/ACDA inspector general, not later than December 15,
1992, with regard to the Agency's fulfillment of the primary functions
specified in law. The amendment specified:
Such report shall address the current ability and
performance of the Agency in carrying out these functions and
shall provide detailed recommendations for any changes in
executive branch organization and direction needed to fulfill
these primary functions.
The inspector general, Sherman Funk, appointed a panel, led by
Ambassador James F. Goodby, to prepare the report. After a wide-ranging
and thorough effort, the report was submitted to President Bush and the
requesting committees in December 1992. The panel judged that two
concepts are most likely to promote U.S. national interests and meet
the challenges of our changed world were either to refocus and
rejuvenate ACDA as a separate agency or to fold it into the State
Department.
The panel opted for a reshaped and rejuvenated ACDA. Mr. Funk wrote:
The review concluded that it remains important to the
nation to have a specialized, technically competent, and
independent arms control institution, and therefore
recommends retaining a separate, but reorganized, refocused,
and rejuvenated ACDA.
I reviewed Sherman Funk's excellent report with great care. At the
same time, I weighed the judgments in a comprehensive report prepared
independently by the Henry L. Stimson Center, as well as related
studies by others.
It was clear from these assessments that ACDA could not go on as it
was. It remained the only independent governmental Agency in the world
devoted to arms control and it retained a solid corps of professionals,
but it was in score need of nurturing. I concluded that we needed both
to help it truly live up to its mandate and to give it new authorities
so that it would not only have a seat at the arms control table, but a
strong voice at the table.
Accordingly, I directed the preparation of a draft bill that would
strengthen the Agency and maintain its independence, and sent the bill
to the National Security Council [NSC] for review. At the same time, at
my direction, the committee staff worked with ACDA, State, and NSC
officials to see whether common agreement on strengthening the Agency
could be reached.
Some in the Department of State favored absorption of ACDA by State.
Others inside and outside the executive branch, however, preferred an
independent role for ACDA. There was a general agreement that the
proper choices were merger or revitalization and strengthening, but not
the status quo. Those who favored absorption believed sincerely that
there would be major cost savings. My own review indicated that the
cost savings would only be realized by cutting people and capabilities.
To realize the savings envisaged, experts in ACDA would have had to be
put out on the street and with them their expert knowledge. According
to a study by Steven A. Hildreth for the Congressional Research
Service:
. . . a new analysis of State's proposal suggests the
estimated annual cost saving in the near term may only be
about $3 million or less. This figure could vanish altogether
if the State Department created new positions to replace
those assumed to be abolished by the proposed transfer.
Abolishing ACDA, therefore, is not likely to save money
without a substantial RIF or statutory enactment. None of
these analyses included the additional costs of shutting down
ACDA.
Moreover, according to the study:
The major current alternative to the State Department's
proposal is to attempt to strengthen or revitalize ACDA. Most
of the proposals for revitalizing ACDA do not cost money.
Mr. President, throughout this process of review and assessment, I
worked closely with Secretary of State Christopher and the President's
National Security Adviser, Anthony Lake.
n July 3, 1993, the President, in a radio address to the Nation,
called for the preservation and revitalization of ACDA. President
Clinton stated:
. . . I am also taking steps to revitalize the Arms Control
and Disarmament Agency, so that it can play an active role in
meeting the arms control and nonproliferation challenges of
this new era. I am committed to protecting our people,
deterring aggression and combating terrorism. The work of
combating proliferation of weapons of mass destruction is
difficult and unending, but it is an essential part of this
task. It must be done.
On July 12, 1993, Secretary Christopher followed up the President's
statement with a letter to me confirming the decision of the
administration to revitalize ACDA. The Secretary wrote:
The President and I are fully committed to a revitalized
ACDA through a combination of strong ACDA leadership,
internal agency changes, full participation of ACDA in
Executive Branch policy making, and legislative changes.
In response to the President's announcement and Secretary
Christopher's letter, another series of discussions were held to
resolve all outstanding differences before the bill went to mark up.
These discussions were fruitful, and all issues were settled by
September 14, 1993. On that date, National Security Adviser Anthony
Lake expressed support for the act in a letter on behalf of the
administration.
The Arms Control and Non-Proliferation Act, as amended and favorably
reported out of committee, has several key provisions. As described in
the committee's report, the act:
Codifies the President's decision of July 3, 1993, to retain and
revitalize the Agency;
Enhances the role of the ACDA in the areas of arms control and
nonproliferation policy and negotiations in several ways: First, ACDA
is given primary responsibility for all arms control negotiations and
implementation fora, including any negotiation of a comprehensive
nuclear test ban; second, positions for Presidential Special
Representatives for Arms Control, Nonproliferation, and Disarmament are
created and placed under the ACDA Director; and third, ACDA's role in
nonproliferation is underscored by giving the Agency primary
responsibility for managing U.S. participation in the 1995 review
conference of the Nuclear Non-Proliferation Treaty and primary
responsibility for other nonproliferation activities when so directed
by the President;
Improves ACDA's role regarding arms transfers and nonproliferation.
ACDA is given mandatory prior consultation and review rights with
respect to export licenses and other matters under both the Arms Export
Control Act and the Nuclear Non-Proliferation Act;
Streamlines the functions of the Agency by eliminating a number of
outdated or redundant reporting requirements and by disbanding the
General Advisory Committee, thereby permitting the Agency to reassign
personnel to other substantive areas; and
Authorizes the appropriation for fiscal year 1994 of $57,500,000 for
ACDA and $59,375,000 for fiscal year 1995 for ACDA.
Mr. President, in 1961 when I was a freshman Senator, I was
privileged to go with the late Senator Joseph Clark and the late
Senator Hubert H. Humphrey to the White House to discuss the status in
the bureaucracy of the new arms control agency. We argued strongly that
the Arms Control and Disarmament Agency should not be created by
executive fiat, but rather should have the imprimatur of a statutory
agency. The White House accepted our advice and shortly thereafter the
new U.S. Arms Control and Disarmament Agency was born.
We hoped for a great deal, but to a certain degree our reach exceeded
our grasp, and the Agency was never to have the clout and authority we
hoped for at the start. You do not have opportunities always in life to
fix those things that have not measured up to your expectations, but we
fortunately have such an opportunity now with ACDA.
We must remember that this is an agency that despite its adversities
has shown great resolve and purpose that have redounded to the credit
of the United States. It was because of the Arms Control and
Disarmament Agency that the United States was the leader of the effort
to reach agreement on the critically important Non-Proliferation Treaty
in 1968. ACDA was in the lead of the effort to negotiate the ABM Treaty
of 1972 and it remained steadfast in much adversity in its defense of
that treaty in the mid-1980's so that it still remains the cornerstone
of our strategic arms limitation effort. Through the Arms Control
Agency's good offices the extraordinarily complex Chemical Weapons
Convention has been achieved to complement the earlier Biological
Weapons Convention, which the United States is adhering to because of
ACDA's efforts.
Many of the problems unique to the cold war have disappeared only to
be replaced by new and urgent concerns. Central to the future arms
control effort will be our own activities to stem the proliferation of
chemical, biological and nuclear weapons, and their means of delivery.
The Arms Control and Nonproliferation Act gives the Arms Control
Agency, its Director, and other senior ACDA officials substantially
broadened authorities and responsibility in the nonproliferation area.
We are trying to give ACDA some of the muscle it needs to have to
ensure that it carries the necessary weight in the interagency
deliberative process. I believe that this act will build upon ACDA's
successes and the Agency's talents to give it the lead role in our arms
control and nonproliferation efforts of the future. The Agency will
lead in setting course and direction in arms control and
nonproliferation, and I believe that it will be a very successful
voyage into a future with many threats and challenges to be met.
I do hope that we accept and pass this amendment.
The PRESIDING OFFICER. Is there further debate?
Mr. HELMS addressed the Chair.
The PRESIDING OFFICER. The Chair recognizes the Senator from North
Carolina [Mr. Helms].
Mr. HELMS. Does the Senator want to proceed now?
Mr. KERRY. I am happy to wait. The Senator is going to address this
amendment?
Mr. HELMS. Yes, I say to my friend.
Mr. President, thank you for recognizing me.
The administration's strong endorsement of S. 1182, the ACDA
reauthorization bill before us today, is indicative of a colossal
downtown. The original State Department reorganization of the foreign
policy decisionmaking apparatus was to send ACDA to the Federal
bureaucracy scrap heap. That may be an indelicate way of saying it, but
it is pretty accurate. The truth of the matter is that ACDA's stature
and effectiveness have greatly diminished over the past 6 years.
Certainly since the end of the cold war, ACDA has been an agency in
search of a mission to justify its existence. ACDA is sort of a cold
war dinosaur on an evolutionary slide to extinction.
Every report or recent study conducted on the continued existence of
ACDA has concluded ACDA was never the dynamic, energetic, or critically
important policy adviser to the President and Secretary of State
originally envisioned in 1961. Matter of fact, this agency has never
played the critical mission, been the independent decisive information
broker or the policy confidant to the President and key arms control
decisionmakers in the executive branch.
Granted, the agency has had its moments and played an important role
in the past 33 years--for example, the Non-Proliferation Act of 1968,
negotiation of the 1972 ABM Treaty, and the Chemical and Biological
Weapons Convention. But the fact remains that ACDA was an unwanted
congressional appendage, affixed to the executive branch by legislative
fiat. Consequently, the Agency has been treated like an unwanted
stepchild for years.
As Chairman Pell points out, the Agency was never to have the clout
and authority we hoped for from the start. Even ACDA's greatest
accomplishments were achieved under the watchful eyes and guiding hands
of NSC's Policy Planning Coordination Committee, the Department of
Defense, the Joint Chiefs of Staff, the Department of Energy, the CIA,
the DIA, and a plethora of advisers, consultants, and academicians on
the U.S. payroll. The fact is ACDA was always on the outside looking in
on policy decisions.
Even with ACDA, there was the ``Un Group.'' This was an unofficial
group of key ACDA analysts and specialist who provided unofficial
guidance to the real policymakers because formal recommendations from
ACDA were so slow to emerge and were never listened to.
For these and other reasons, the Clinton administration originally
endorsed and supported the recommendation contained in the Bush
administration study, ``State 2000,'' to abolish ACDA and fold its
functions into the State Department and other related departments where
appropriate.
Before Secretary Designate Christopher had the benefit of
congressional foresight, he was advocating and recommending termination
of ACDA, but he did an about face when he discovered in Executive
hindsight that it was much easier to discuss the positive aspects of
ACDA from the vantage point as a confirmed Secretary of State.
Whatever the reason for the administration's reversal of direction,
it was dramatic. I think the administration should thank Chairman Pell
and other Senators for the administration's new found cooperative
insight. Everyone can quote their own study on this issue, but some of
the original cost saving estimates--State 2000 and GAO--were that a
major reorganization could save almost half of the ACDA budget--$25
million per year, or one quarter of a billion dollars in 10 years. That
is a lot of money to spend on an agency in search of an identity. Every
study I have seen has clearly stated that ACDA cannot continue under
its existing mandate--either reshape it or abolish it. One study said,
contrary to a previous study, that ``a new analysis . . . suggests . .
. an estimated cost saving in the near term may only be $3 million.''
CRS further stated: ``Abolishing ACDA, therefore, is not likely to save
money without a substantial RIF--reduction in force--or statutory
enactment.'' Even with shutdown costs--I call termination of an agency
a substantial long-term RIF, saving millions of taxpayer funds. The
same CRS study said, ``the major current alternative to the State
Department's proposal is to attempt to strengthen or revitalize ACDA.
Most proposals for revitalizing ACDA do not cost money.'' The last
finding appealed to me. I offered an amendment in committee to reduce
the ACDA budget by 8 percent, or $5 million, from $62.5 million to
$57.5 million in 1994. Based on acceptance of my amendment, I supported
reporting out S. 1182, the ACDA authorization bill. I found this bill
deficient in several respects. But quite frankly, I found the state
Department's original proposal of folding ACDA and related functions
into State similarly deficient. I have always thought the Department of
Defense should have the final say in whether or not the proliferation
or export of certain high technologies are detrimental to the national
security interests of the United States. Second, ACDA's integration
into State should be at the Undersecretary level and encompass the
responsibilities of ACDA, parts of the Political and Military Bureau,
the Office of Ambassador-at-Large for Proliferation, and other offices.
This way the person responsible for nonproliferation would be on the
inside of the policymaking process, and would carry a big stick to
boot. But this is not where we are. I think we should watch this new
organization like a good bird dog hunts--with a keen nose and good
eyes. I am not convinced that the organizational structure of ACDA has
found the proper balance. ACDA currently has a fine Director, but I am
concerned that ACDA's success may depend more on the personal
relationship of Mr. Holum and Secretary Christopher than on the so-
called ``revitalized and strengthened'' authorities in this bill. I
feel we should wish Mr. Holum well but keep a close eye on the future
of ACDA.
I thank the Chair and I yield the floor.
Mr. SIMON addressed the Chair.
The PRESIDING OFFICER. The Senator from Illinois is recognized. Mr.
Simon.
Mr. SIMON. Mr. President, I thank you.
Mr. President, I rise in support of the amendment. I am pleased to be
a cosponsor of it. I was not on the floor when it came up, but I heard
Senator Helms, my friend from North Carolina, say at the end we have to
keep a close eye. We have to do that on everything in Government. That
includes particularly things that have such a vital part in the future,
such as things that concern security.
I was pleased to join Senator Pell in cosponsoring this to try to
give ACDA, frankly, some new life. The Arms Control and Disarmament
Agency has been a weak sister. Let us face it. And with rare exception
it just has not had any kind of muscle. The idea of the Arms Control
and Disarmament Agency was that here would be an entity that could come
in, and whether it was a question of proliferation, whether it was a
question of conventional arms, whatever it would be, there would be an
entity that could question whether it makes sense to increase arms
sales or grants to any area of the world or to any country.
The difficulty in this area of arms sales and grants is that those
who manufacture, understandably, are interested in getting their
products out wherever they can, and sometimes that is not in the
interest either of the United States or of the country or countries
involved.
I would particularly like to commend Senator Pell, who has shown
leadership in the area of education, and who has shown a sensitivity in
this whole area of foreign relations.
The Presiding Officer, the distinguished Senator from Virginia,
Senator Robb, sits on the Foreign Relations Committee. There are
probably a few occasions when I have voted differently from Senator
Pell on the Senate Foreign Relations Committee, but not very many. One
of the reasons is that I find myself in general agreement with him, and
the second is I trust his judgment. And when it is a marginal call,
frankly, Senator Pell through the years has learned some practical
things.
One of the things he has learned is that we have to reinvigorate
ACDA. He is one of those who helped to create this entity. I think his
amendment is a step in the right direction. I am pleased to be here and
to join in supporting it.
I yield the floor, Mr. President.
Mr. PELL addressed the Chair.
The PRESIDING OFFICER. The Senator from Rhode Island, Senator Pell.
Mr. PELL. Mr. President, I thank the Senator from Illinois for his
very kind remarks. He is correct; I do take great interest in ACDA
since it was in 1961 when we made the decision to make it a statutory
body and not set up by Executive order.
Mr. President, I ask that when we come to vote on this issue, we have
a rollcall vote. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second .
The yeas and nays were ordered.
Mr. PELL. I yield the floor.
Mr. HELMS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. KERRY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KERRY. Mr. President, as the Chair well knows, this is an issue
which we discussed at some length within the committee about where to
go with ACDA. It is fair to say that it has disappointed a lot of
people's expectations over the years for a lot of different reasons,
not the least of which was during a certain period of time we had the
administration that was not particularly concerned about arms control
and consciously tried to move the agency off to the side. Other things
have conspired to make it difficult for the Agency to be able to
perform.
I would like to congratulate the chairman of the Foreign Relations
Committee, Senator Pell, because I think if there is any issue that he
has identified with and which he has cared about throughout his years
in the Senate, it is the issue of proliferation. He has constantly
shown leadership in the effort to try to guarantee not only that we
have a strong ACDA, but that we have other initiatives in an effort to
rein in the incredible increase in the proliferation of weapons, not
just nuclear proliferation, but the general weapons of warfare.
As Senator Pell has served on the Arms Control Observer Group during
those critical years of the cold war when that was particularly active,
he has consistently pushed this issue. I know how hard he has worked to
frame a new structure for ACDA and a new dynamic within which,
hopefully, we can address the growing proliferation issues that we
face, I might add the important complex proliferation issues that we
face in the wake of the changes with the demise of the Soviet Union.
The question of control over both tactical and strategic weapons, the
process of destruction, the questions of the defense arrangement,
security arrangements with which we will address the new NATO, and the
Partnership for Peace, all of these are very significant. And to have a
revitalized ACDA in that context I think embodies a lot of our hopes,
all of us, that we are going to have an agency and an entity that
really can frame these issues and assist the President in putting good
choices in front of the Congress and the American people.
So I congratulate the chairman of the committee. I hope that this
effort to revitalize ACDA will bear fruit.
Mr. President, I do not think there is any further debate.
Mr. HELMS. I believe he has the yeas and nays on the amendment.
The PRESIDING OFFICER. Is there further debate?
Mr. KERRY. Mr. President, I ask unanimous consent that the yeas and
nays be vitiated.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
Mr. KERRY. I do not believe there is further debate.
The PRESIDING OFFICER. Is there further debate? If not, the question
is on agreeing to the amendment of the Senator from Rhode Island, Mr.
Pell.
The amendment (No.1250) was agreed to.
Mr. KERRY. Mr. President, I move to reconsider the vote by which the
amendment was agreed to.
Mr. PELL. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. HELMS addressed the Chair.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. Mr. President, I ask unanimous consent that it be in order
to ask for the yeas and nays on amendment No. 1248.
Mr. KERRY. Mr. President, if I could just reserve the right to
object----
The PRESIDING OFFICER. The request is in order at this time.
The pending business of the Senate at this point is amendment No.
1248 offered by the Senator from North Carolina.
Mr. HELMS. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. HELMS. I thank the chair.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. KERRY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. Boxer). Without objection, it is so
ordered.
Mr. KERRY. Madam President, I ask unanimous consent that the pending
amendment of the Senator from North Carolina be temporarily set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
amendment no. 1251 and amendment no. 1252, en bloc
Mr. KERRY. Madam President, I send two amendments to the desk on
behalf of Senator Glenn and ask for their immediate consideration, en
bloc.
The PRESIDENT OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Massachusetts [Mr. Kerry], on behalf of
Mr. Glenn, proposes amendments numbered 1251 and 1252, en
bloc.
Mr. KERRY. Madam President, I ask unanimous consent that reading of
the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:
amendment no. 1251
(Purpose: To eliminate the provisions relating to an Inspector General
of the Department of State and the Foreign Service, and for other
purposes)
On pages 2 and 3 strike out the items relating to sections
136 through 140 and insert in lieu thereof the following:
Sec. 136. Refugee affairs.
Sec. 137. Office of foreign missions.
Sec. 138. Women's human rights protection.
Sec. 139. Repeals.
On page 41, beginning on line 5, strike out all through
line 3 on page 42.
On page 42, line 4, strike out ``SEC. 137.'' insert in lieu
thereof ``SEC. 136.''
On page 43, line 22, strike out ``SEC. 138.'' insert in
lieu thereof ``SEC. 137.''.
On page 46, line 7, strike out ``SEC. 139.'' insert in lieu
thereof ``SEC. 138.''
On page 46, line 20, strike out ``SEC. 140.'' insert in
lieu thereof ``SEC. 139.''
____
amendment no. 1252
At the appropriate place in the bill, add the following new
section:
Sense of the Senate.--It is the Sense of the Senate that--
(a) There is a growing concern among some of the Members of
this body that the unlimited terms of Office of Inspectors
General in federal agencies may be undesirable, therefore,
(b) The issue of amending the Inspector General Act to
establish term limits for Inspectors General should be
examined and considered as soon as possible by the
appropriate committees of jurisdiction.
Mr. KERRY. Madam President, in the current section 136 of the bill
that the committee has submitted, there is a 6-year term limit in the
position of the State Department inspectors general. This amendment was
adopted as part of the en bloc package within the full committee
markup, and it was offered by Senator Helms because of concern over the
inspector general's performance, and that concern was shared
particularly by Senator Dodd and by other Senators on the committee.
After the bill was reported, Senator Glenn, as chairman of the
Governmental Affairs Committee, contacted us and expressed some concern
about the jurisdictional issue of the Governmental Affairs Committee
and this particular amendment.
I might say to the Chair and to my colleagues that the Foreign
Relations Committee clearly has jurisdiction over the State
Department's inspector general, and that is established in the Foreign
Service Act of 1980. The committee simultaneously recognizes the
Governmental Affairs Committee's interest in and jurisdiction over the
question of inspectors general within certain agencies and departments
of the Government. Therefore, we have worked out a compromise, which
these two amendments represent.
The first amendment strikes section 136, dealing with the term of the
inspector general's service, and the second amendment adds a new
section at the appropriate place in the bill which expresses the sense
of the Senate regarding unlimited terms for inspectors general.
We adopted this section because, frankly, a number of Members on the
committee were very concerned about this sort of open-ended potential
for service, a kind of life tenure, if you will, without, in our
feelings, sufficient performance to merit that or oversight capacity.
So, Senator Glenn has now assured the committee that he is going to
address this question of term limits for inspectors general in upcoming
hearings with possible amendments to the Inspector General Act. And he
has indicated his personal support for the sense-of-the-Senate language
which urges the examination of the term limit question by the
appropriate committee as early as possible.
So in light of this, the committee is prepared, and has agreed, I
think, to delete the section 136 language and add the sense-of-the-
Senate language.
I urge adoption of these amendments, en bloc.
Mr. HELMS. Madam President, I confess that it is with hesitation and
reservation, but with full respect of the Senator from Massachusetts,
that I support the amendment of Senator Kerry.
I should make it a matter of record that I have not been in agreement
with the thrust of this amendment. The Senator's amendment, for reasons
he has explained, deletes the current provision to establish a 6-year
term limit on inspectors general and replace it with a watered-down,
sense-of-the-Senate language, noting that some of us are concerned
about the unlimited terms of some executive branch inspectors general.
As the Senator has explained--and he did so very clearly--there was a
debate over the turf aspect of this question. I have all the respect in
the world for Senator Glenn. I have, on occasion, stood up for my
committee's turf.
So we agreed to let this issue rest until the Senate debates the
Inspector General Act of 1980 later this year.
As my friend from Massachusetts has indicated, the original provision
was bipartisan and cooperative, in terms of an effort on the part of
the members of the committee, demonstrated by the fact that this
provision was included in an en bloc package of amendments prior to the
committee markup of a bill.
It may sound complicated, but it really is not. I contend to this
moment that the Foreign Relations Committee has had and will continue
to have jurisdiction over the inspector general for the State
Department. It was our committee that created the position in the
Foreign Service Act of 1980. No question about that. It is our
committee, the Foreign Relations Committee, that receives the IG
reports. We are the Senators who know whether or not the inspector
general is performing up to par.
Therefore, on the jurisdictional issue, with all due respect, I must
beg to differ with my colleagues who want to claim the jurisdiction for
their committees. Since the current inspector general announced his
retirement a few weeks ago, the original language of section 136 loses
just a bit of its urgency. However, I do hope that later this year the
Senator from Ohio [Mr. Glenn] will take up the issue of term limits for
inspectors general.
I commend my colleague from Massachusetts for his amendment, and I
support it fully at this point. I regret that he had to offer, or felt
obliged to offer, a watered down version. But we can get to that later
and take care of it.
I thank the Chair, and I yield the floor.
Mr. KERRY addressed the Chair.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KERRY. Madam President, let me say I could not agree with my
colleague more. He understands the situation. I understand the
situation. We are bowing to the necessities of jurisdiction, and we
respect that. We would probably--not probably; we would ask the same
thing.
But I think both the Senator and I do not want, and others concerned
with it do not want, a lot of time elapsing, or this to become somehow
a permissiveness for this egregious situation to not somehow be
addressed. I certainly commit to the Senator that we will join together
in guaranteeing that that is not the situation.
I do not believe there is any further debate, Madam President.
The PRESIDING OFFICER. If there is no further debate, the question is
on agreeing to the amendments, en bloc.
The amendments (Nos. 1251 and 1252), en bloc, were agreed to.
Mr. HELMS. Madam President, I move to reconsider the vote by which
the amendments were agreed to.
Mr. KERRY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. KERRY. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The absence of a quorum has been noted. The
clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. PRESSLER. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. PRESSLER. Madam President, I rise to say that on this State
Department authorization bill, I shall be active in supporting
amendments that would push toward reform of the United Nations. I
believe the Secretary General should appoint an Inspector General at
the United Nations. It has seemed very strange to me that after many
years of audits that have consistently reported mismanagement and
corruption within the U.N.'s bureaucracy, very little has been done to
clean it up from a management point of view. I know that management is
one of the dullest of subjects. I happen to believe, for example, that
Congress should hold a whole session of oversight hearings rather than
legislating new agencies and legislating new programs. I think we
should make the Government that is already established work to our
advantage.
Within our various Departments, we have an inspector general who
roots out corruption and finds if funds are being misused. The American
taxpayers pay nearly 35 percent, if you add it all up, of the expenses
of the United Nations. Indeed, I am for our being in the United
Nations. I have always been pro-United Nations. I think the United
Nations has a role to play, but that role is crippled when we cannot
deliver supplies, when we cannot deliver food without it being stolen
and resold in the streets the next morning. Various regional
headquarters of the United Nations receive medical materials, we are
subsequently told they were stolen out of the warehouses and the next
day they are for sale on the black market.
There have been a variety of United Nations internal audits that have
pinpointed individuals and offices that have engaged in thievery and
corruption, not to mention just bad management. The time has come for
the American taxpayers to be assured that the United Nations is
interested in reform and good management. It has long been my feeling
that the State Department has been too soft in terms of pushing for
reform at the United Nations. The U.S. delegation to the United Nations
under both Republican and Democratic Presidents thinks of itself,
basically, as a diplomatic mission and does not emphasize management
reform. We did get Dick Thornburgh appointed to be the number two
manager within the United Nations, but he was fired after a year and
the report he wrote was shredded. No copies are available. Thornburgh,
the former Governor of Pennsylvania, has spoken on this subject a good
deal. So we have a situation in which our taxpayers are asking us what
is going on?
One of the amendments that I shall offer would require that an
Inspector General be appointed or our contributions will decrease. I
know that I have worked closely with Senator Dole, the Republican
leader, on a package of amendments for reform at the United Nations I
think most Americans support our involvement in the United Nations. We
hope the United Nations can carry out missions of peace and delivery of
food and medicine throughout the world. We hope the United Nations can
be an instrument for peace, but we think it will be a better United
Nations if there are management reforms.
Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. KERRY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________