[Congressional Record Volume 140, Number 2 (Wednesday, January 26, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 26, 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. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts [Mr. Kerry].
  Mr. KERRY. Mr. President, I believe Senator Pressler now has an 
amendment.
  The PRESIDING OFFICER. The Chair recognizes the Senator from South 
Dakota [Mr. Pressler].


                           amendment no. 1261

   (Purpose: To strengthen controls on missile technology exports to 
              certain Middle Eastern and Asian Countries)

  Mr. PRESSLER. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant clerk read as follows:

       The Senator from South Dakota [Mr. Pressler] proposes an 
     amendment numbered 1261.

  Mr. PRESSLER. Mr. President, I ask unanimous consent that 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, insert the following new 
     section:

     SEC.   . MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE EASTERN 
                   AND ASIAN COUNTRIES.

       (a) Exports by United States Persons.--Section 72 of the 
     Arms Export Control Act (22 U.S.C. 2797a) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Presumption.--In determining whether to apply 
     sanctions under subsection (a) to a United States person 
     involved in the export, transfer, or trade of an item on the 
     MTCR Annex, it shall be a rebuttable presumption that such 
     item is designed for use in a missile listed under the MTCR 
     Annex if the President determines that the likely final 
     destination of the item is Iran, Iraq, Syria, Libya, India, 
     Pakistan, or North Korea.''.
       (b) Exports by Foreign Persons.--Section 73 of the Arms 
     Export Control Act (22 U.S.C. 2797b) is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Presumption.--In determining whether to apply 
     sanctions under subsection (a) to a foreign person involved 
     in the export, transfer, or trade of an item on the MTCR 
     Annex, it shall be a rebuttable presumption that such item is 
     designed for use in a missile listed under the MTCR Annex if 
     the President determines that the likely final destination of 
     the item is Iran, Iraq, Syria, Libya, India, Pakistan, or 
     North Korea.''.

  Mr. PRESSLER. This amendment creates a new provision in existing 
ballistic missile sanctions legislation to allow the President to 
assume that certain exports to countries of proliferation concern are 
sanctionable under American law. This is accomplished by creating a 
rebuttable presumption and shifting the rules of evidence and current 
practice.
  The current law on ballistic missile proliferation says that if 
certain goods are exported to a Missile Technology Control Regime 
[MTCR] missile program, then the sender can be sanctioned. The problem 
in practice is that in almost every case, the available intelligence 
indicates that the item in question is going to a missile program but 
we do not know if it is within the parameters of the MTCR--range and/or 
throw-weight. That is, is this equipment or material destined for some 
big missiles or a lot of little ones?
  Therefore, the administration has been using the lack of evidence as 
an excuse to say that ``Well, yes, this or that Chinese company did 
send this missile equipment to Syria but there is not enough evidence 
to conclude that it is going to an MTCR missile program and not to a 
smaller missile program outside the parameters of the MTCR''. For 
example, in May 1993 Senators Pell and Helms sent a highly classified 
letter to the administration complaining about six separate missile 
equipment transfers by the Chinese to the Middle East and the Senators 
received a ``not enough evidence'' answer which infuriated Democrat and 
Republican staff.
  This amendment create a rebuttable presumption that anything on the 
MTCR equipment list which the President determines is destined for 
Iran, Iraq, Syria, Libya, India, or Pakistan is sanctionable under 
American law. This means that the foreign shipper can come in to the 
Government and show that the items in question are not within the MTCR 
parameters or are destined for some innocent purpose.
  Mr. President, I ask that the amendment be agreed to.
  The PRESIDING OFFICER. Is there further debate?
  Mr. KERRY. Mr. President, before we do, I just want to make sure that 
we are fully cleared on this.
  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, we are prepared now to accept the amendment 
of the Senator, and I apologize for the delay.
  Excuse me just one second. I want to make sure we are talking about 
the same amendment.
  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. PRESSLER. 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. PRESSLER. Mr. President, because of the parliamentary situation 
we are in and only because of that I have agreed with the manager of 
the bill to withdraw this amendment temporarily. But it does not mean 
it is not going forward. Indeed, we will seek a rollcall vote on it if 
necessary, but I believe it has been cleared on both sides.
  In any event, to summarize a long speech. I withdraw the amendment, 
and I am dying to hear from the Senator from Arizona.
  The PRESIDING OFFICER. The Senator has a right to withdraw the 
amendment, and the amendment is thereby withdrawn.
  The amendment (No. 1261) was withdrawn.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Arizona 
[Mr. McCain].


                           Amendment No. 1262

  Mr. McCAIN. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain] proposes an amendment 
     numbered 1262.

  Mr. McCAIN. Mr. President, I ask unanimous consent that 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 the bill, add the following new 
     section:
       Sense of the Senate.--It is the Sense of the Senate that--
       (1) The government of the United States is committed to 
     seeking the fullest possible accounting of American 
     servicemen unaccounted for during the war in Vietnam;
       (2) Cooperation by the Government of Vietnam on resolving 
     the fate of those American servicemen unaccounted for has 
     increased significantly over the last three years and is 
     essential to the resolution of outstanding POW/MIA cases;
       (3) Substantial and tangible progress has been made in the 
     POW/MIA accounting process;
       (4) Cooperative efforts between the U.S. and Vietnam should 
     continue in order to resolve all outstanding questions 
     concerning the fate of Americans missing-in-action;
       (5) U.S. senior military commanders and U.S. personnel 
     working in the field to account for U.S. POW/MIAs in Vietnam 
     believe that lifting the U.S. trade embargo against Vietnam 
     will facilitate and accelerate the accounting efforts; and,
       (6) Therefore, in order to maintain and expand further U.S. 
     and Vietnamese efforts to obtain the fullest possible 
     accounting, the President should lift the U.S. trade embargo 
     against Vietnam immediately.

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