[Congressional Record Volume 143, Number 106 (Thursday, July 24, 1997)]
[Senate]
[Pages S8091-S8098]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. D'AMATO (for himself and Mr. Sarbanes):
  S. 1062. A bill to authorize the President to award a gold medal on 
behalf of the Congress to Ecumenical Patriarch Bartholomew in 
recognition of his outstanding and enduring contributions toward 
religious understanding and peace, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.


     CONGRESSIONAL GOLD MEDAL FOR ECUMENICAL PATRIARCH BARTHOLOMEW

  Mr. D'AMATO. Mr. President, today I join my friend and colleague from 
the Banking Committee, Senator Sarbanes, to offer a bill that would 
authorize a congressional gold medal in recognition of the tremendous 
leadership role--in interfaith relations, international affairs, the 
promotion of global environmental protection, and the defense of human 
rights worldwide--of his all holiness Ecumenical Patriarch Bartholomew 
of Constantinople.
  In addition, we are submitting a concurrent resolution providing for 
the use of the rotunda of the Capitol for a ceremony honoring Patriarch 
Bartholomew on his visit to the United States in late October of this 
year.
  The Ecumenical Patriarch Bartholomew is the 270th successor of the 
nearly 2,000 year old Orthodox Christian Church founded in 36 A.D.
  As the spiritual leader of the Orthodox Christian Church, Patriarch 
Bartholomew is the voice for nearly 300 million followers around the 
world--5 million of which live in the United States and are of Greek, 
Russian, Ukrainian, and Serbian descent. The contributions of these 
Americans to our history and culture exemplify the values, ideals, and 
dreams of this great Nation.
  A champion of religious unity and cooperation, Patriarch Bartholomew 
is working to promote interfaith dialog between the Orthodox Church and 
the Roman Catholic Church, leading Protestant denominations, Muslim 
leaders, and various faiths of America's multiethnic diversity.
  Patriarch Bartholomew has also sought to strengthen the bonds between 
Judaism and Orthodox Christianity. In 1994, he worked side by side with 
Rabbi David Schneier and the Appeal of Conscience Foundation to 
cosponsor the Peace and Tolerance Conference, bringing together 
Christians, Jews, and Muslims for human and religious freedom.
  As a citizen of Turkey, Patriarch Bartholomew is deeply concerned 
about the need to sustain the cause of peace. He has been a dynamic 
leader in efforts to ease Greek-Turkish tensions and to promote 
international cooperation, adherence to international law, and respect 
for the human rights of victims of aggression.
  The impact of Patriarch Bartholomew's compassion is far-reaching. In 
the war-torn countries of the Balkans,

[[Page S8092]]

Patriarch Bartholomew has helped to advance reconciliation among 
Catholic, Muslim, and Orthodox communities.
  Mr. President, Patriarch Bartholomew also cares very deeply for the 
environmental legacy we will one day leave to our children. Together 
with global leaders, he convened an international environmental 
symposium emphasizing the health and well-being of the world's oceans. 
The Patriarch is also a cosponsor of an annual conference addressing 
the protection of our global environment.
  Born in Turkey in 1940, Patriarch Bartholomew has selflessly 
dedicated his life to religious service. He is a graduate of the 
renowned Theological School of Halki, which was forced to close by the 
Turkish Government in 1971. This school must re-open as a basic matter 
of religious freedom.
  Patriarch Bartholomew has also received numerous honorary doctorates 
and academic honors from institutes and universities all across the 
globe.
  Mr. President, in October of this year, Patriarch Bartholomew will 
visit the United States to offer his spiritual message of unity, 
compassion, and brotherhood. It is our belief that Congress honor the 
work of this great leader in recognition of his outstanding and 
enduring contributions to: the freedom of the world's religions, world 
peace, conflict resolution and the rule of law, global environmental 
protection, the betterment of humankind, and the protection of dignity 
and human rights of every man, woman, and child.
  Therefore, Mr. President, it is fitting and appropriate that this 
body bestow the congressional gold medal upon a visionary for our 
times, his all holiness Ecumenical Patriarch Bartholomew.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1062

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       The Congress finds that--
       (1) Ecumenical Patriarch Bartholomew--
       (A) is the spiritual leader of nearly 300 million Orthodox 
     Christians around the world and millions of Orthodox 
     Christians in America; and
       (B) is recognized in the United States and abroad as a 
     leader in the quest for world peace, respect for the earth's 
     environment, and greater religious understanding;
       the extraordinary efforts of Ecumenical Patriarch 
     Bartholomew continue to bring people of all faiths closer 
     together in America and around the world;
       (3) the courageous leadership of Ecumenical Patriarch 
     Bartholomew for peace in the Balkans, Eastern Europe, the 
     Middle East, the Eastern Mediterranean, and elsewhere 
     inspires and encourages people of all faiths toward his dream 
     of world peace in the new millennium; and
       (4) the outstanding accomplishments of Ecumenical Patriarch 
     Bartholomew have been formally recognized and honored by 
     numerous governmental academic, and other institutions around 
     the world.

     SEC. 2. CONGRESSIONAL GOLD MEDAL.

       (a) Presentation Authorized.--The President is authorized 
     to present, on behalf of the Congress, a gold medal of 
     appropriate design to Ecumenical Patriarch Bartholomew. in 
     recognition of his outstanding and enduring contributions 
     to religious understanding and peace.
       (b) Design and Striking.--For the purpose of the 
     presentation referred to in subsection (a), the Secretary of 
     the Treasury (hereafter in this Act referred to as the 
     ``Secretary'') shall strike a gold medal with suitable 
     emblems, devices, and inscriptions, to be determined by the 
     Secretary.

     SEC. 3. DUPLICATE MEDALS.

       The Secretary may strike and sell duplicates in bronze of 
     the gold medal struck pursuant to section 2 under such 
     regulations as the Secretary may prescribe, and at a price 
     sufficient to cover the costs thereof, including labor, 
     materials, dies, use of machinery, overhead expenses, and the 
     cost of the gold medal.

     SEC. 4. NATIONAL MEDALS.

       The medals struck pursuant to this Act are national medals 
     for purposes of chapter 51 of title 31, United States Code.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.

       (a) Authorization of Appropriations.--There is hereby 
     authorized to be charged against the Numismatic Public 
     Enterprise Fund an amount not to exceed $30,000 to pay for 
     the cost of the medal authorized by this Act.
       (b) Proceeds of Sale.--Amounts received from the sales of 
     duplicate bronze medals under section 3 shall be deposited in 
     the Numismatic Public Enterprise Fund.

  Mr. SARBANES. Mr. President, I am pleased to join Senator D'Amato, 
chairman of the Senate Committee on Banking, Housing, and Urban 
Affairs, in introducing legislation awarding the congressional gold 
medal to Ecumenical Patriarch Bartholomew, the spiritual leader of 
approximately 300 million Orthodox Christians worldwide. The occasion 
of this legislation is to honor Patriarch Bartholomew's first visit to 
the United States as Patriarch and to recognize his outstanding 
contributions to world peace and understanding during his tenure as 
head of this ancient branch of Christianity. As a Greek-Orthodox 
American and member of the Greek Orthodox Cathedral of the Annunciation 
in Baltimore, I am particularly gratified to join in this tribute.
  During his American visit, which will take place from October 19 
through November 17, 1997, Patriarch Bartholomew will meet with 
thousands of Orthodox faithful and will take the opportunity to convey 
his message of reconciliation to Americans of all backgrounds and 
beliefs. His All Holiness has been a leader in ecumenical understanding 
and has convened important meetings which have brought together 
participants of all religious backgrounds. In 1994, in cooperation with 
Rabbi David Schneier and the Appeal of Conscience Foundation, he 
cosponsored a peace and tolerance Conference in Istanbul where 
Christians, Jews, and Muslims joined together to discuss important and 
pressing issues.
  As spiritual head of world Orthodoxy, Patriarch Bartholomew has been 
a leader in the quest for peace throughout the world, particularly in 
Eastern Europe, the Balkans, and the Middle East. He has vigorously 
spoken out against extremists and those who would use violence to 
achieve their ends and has counseled respect for all peoples, 
irrespective of their nationality and religion; his ministry has been a 
call to our best virtues.
  From his historical seat in Istanbul, Turkey, Patriarch Bartholomew 
has served as a mediator between East and West, Christians and Muslims, 
and as a force for openness and tolerance in the newly emerging 
independent countries of Eastern Europe.
  As he pursues the goal of peace, Patriarch Bartholomew is equally 
vigorous in his desire to preserve and promote the earth's environment 
as a reflection of God's creation. Working with the European 
Commission, the Worldwide Fund for Nature, and his Royal Highness 
Prince Philip, he has cosponsored significant international conferences 
on the environment, including one scheduled for this fall on the future 
ecological health of the Black Sea.
  I believe it is most fitting that the visit and the accomplishments 
of Patriarch Bartholomew should be recognized and honored by this gold 
medal as it will reflect the appreciation of the American people for 
his ministry of peace and reconciliation.
  I am also pleased to join Senator D'Amato in submitting a concurrent 
resolution providing for the use of the rotunda for a ceremony honoring 
Patriarch Bartholomew.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 1063. A bill to suspend temporarily the duty on KN001 (a 
hydrochloride); to the Committee on Finance.


                       TEMPORARY DUTY SUSPENSION

  Mr. ROCKEFELLER. Mr. President, today I am introducing a duty 
suspension bill that will not only benefit the chemical workers in my 
state of West Virginia, but also will enable U.S. farmers to grow more 
crops at lower cost and protect the environment at the same time.
  This legislation will suspend the U.S. duty on a hydrochloride known 
by its code name of KN001. This substance is a key raw material in a 
new, environmentally safe family of agricultural chemicals invented by 
DuPont in the 1980's. These new agricultural chemicals, called 
sulfonylureas, are used in extremely small amounts by farmers to 
control weed growth in their fields without harming the crops that the 
farmers are trying to grow. By suppressing weed growth, these chemicals 
make sure that all of the available soil nutrients and moisture go into 
growing the crops instead of growing weeds. Because sulfonylureas 
operate on plant enzymes, they do not affect insects or animals, and 
because they biodegrade

[[Page S8093]]

rapidly, they are among the most environmentally friendly crop 
protection chemicals in use today.
  An additional benefit of suspending the duty on KN001 is the effect 
it will have on jobs in my home state of West Virginia. DuPont is in 
the process of constructing a $20 million revitalization project at 
their plant in Belle, West Virginia, and KN001 is the cornerstone of 
that project. The new investment will enable the production at Belle of 
a new sulfonylurea product family that uses KN001 as a feedstock. This 
revitalization project will preserve 50 existing jobs at Belle and 
create over a dozen new jobs.
  On top of all that, I've been told that this duty suspension is 
unlikely to result in any substantial revenue loss to the U.S. 
Treasury. Because it is used in the manufacture of new products, U.S. 
imports of this chemical are very small, and the resulting duty is also 
small. Equally important is the fact that this substance is not 
manufactured in the United States by another company, so no U.S. 
producer should be disadvantaged by the duty suspension. It's rare that 
we get a chance to support legislation that benefits workers, farmers, 
and the environment at virtually no cost to the Treasury. This is one 
of those times, and I hope the Senate will look favorably on this 
modest measure at the appropriate time.
  Mr. President, I ask unanimous consent that the full text of this 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1063

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

       (a) In General.--Subchapter II of Chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

``9902.30.41.....................  2-4-dichlon-5-                             Free             No change             No change  On or before 12/31/98''.
                                    hydrozyhydrazine
                                    hydrochloride (CAS No.
                                    189573-21-5) (provided
                                    for in subheading
                                    2928.00.25).
 

       (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                 ______
                                 
      By Mr. MURKOWSKI (for himself and Mr. Stevens):
  S. 1064. A bill to amend the Alaska National Interest Lands 
Conservation Act to more effectively manage visitor service and fishing 
activity in Glacier Bay National Park, and for other purposes; to the 
Committee on Energy and Natural Resources.


         THE GLACIER BAY MANAGEMENT AND PROTECTION ACT OF 1997

  Mr. MURKOWSKI. Mr. President, I rise today to introduce legislation 
addressing several important aspects of the administration and 
management of Glacier Bay National Park, one of the most popular and 
unique tourist destinations in the country.
  This bill will encourage the continuation of the Park Service's 
ongoing efforts to work with concession operators to improve visitor 
services, as well as deal fairly and finally with a long-standing 
dispute over the status of commercial and subsistence fishing.
  On the latter subject, this bill reflects the progress of several 
years of discussions with local interests and the Park Service. These 
efforts have been positive, but have been hampered from achieving 
consensus by some groups' unwillingness to compromise. Insofar as 
possible, this bill represents an attempt to stake out reasonable and 
responsible middle ground that respects the wishes of all concerned.
  Mr. President, commercial fishermen have plied the waters of Glacier 
Bay and the outer coast of the area now included in the park for over 
100 years. local native villagers, the Huna Tlingit people, have done 
so for thousands of years. At no time have these activities damaged the 
park or its resources, nor have they harmed the area's wild and scenic 
qualities in any way.
  This simple fact cannot be overemphasized. To put it another way--
commercial fishermen and local villagers have continually fished in 
Glacier Bay since long before it became a park or a monument, and the 
fact that we value it so highly today is proof that they have not had 
an adverse impact on the species of the bay.
  Unfortunately, some interests don't care about fairness, and would 
like to see fishing and gathering banned no matter how environmentally 
benign or how critical to local livelihoods.
  On subsistence, this bill corrects inconsistencies in the Alaska 
National Interest Lands Conservation Act [ANILCA] concerning 
subsistence fishing and gathering in Glacier Bay National Park. 
Villagers living near Glacier Bay, whose ancestors have used the bay 
continually for the last 9,000 years, must be allowed to use the bay's 
resources to feed their families --to fish for halibut, salmon, and 
crabs, and to collect clams, seaweeds, berries, and other foods that 
are traditional in their culture.
  Let me emphasize that we are talking about a relative handful of 
families from the local Native village of Hoonah, which has a 
population of less than 900, and a few people from other nearby 
communities such as Elfin Cove, Gustavus, and Pelican. We are not 
talking about thousands of people. These Alaskans do not have 
convenient supermarkets. They deserve respect--they deserve to have 
their historic use recognized and provided for by this Congress.
  My bill also addresses commercial fishing in the park. For 
generations, commercial fishermen have caught salmon, halibut, and 
crabs in Glacier Bay and have fished the rich grounds of the outside 
coast.
  There is no biological reason for restricting commercial fishing 
activity anywhere in the park. The fishery resources are healthy, 
diverse, closely monitored, and carefully regulated. It should also be 
noted that of the park's approximately 3 million acres of marine 
waters, only about 500,000 are productive enough to warrant significant 
interest.
  These fisheries already are restricted as to method and number of 
participants, and are carefully managed to ensure continued abundance. 
There is nothing in this bill, and there is no desire by the fishing 
industry, to change these controls or increase the level of this 
sustainable activity. Closely monitored by the State of Alaska, which 
has proven itself a reliable custodian of the fisheries resources, 
commercial fishing does not harm the environment in any way.
  Mr. President, in the grand scheme of this Nation's economy, these 
fisheries are small potatoes. But to the fishermen who depend upon 
them, to their families, and to the small, remote communities in which 
they live, these fisheries are of utmost importance. They are harm-
free, and those who participate in them deserve their government's 
help, not the destruction of their simple lifestyle.
  This bill authorizes fishing throughout the park. However, because 
there are special sensitivities inside Glacier Bay itself, it also 
designates the waters inside the bay--as opposed to the outer coast--as 
a special scientific reserve, for which a joint Federal-State group of 
scientists will make recommendations on where fishing should or should 
not occur, and at what level.
  A further special provision is also included in the one area where 
there is a significant potential for conflict between fishermen and 
certain nonmotorized uses such as kayaking. This area is the Beardlee 
Islands, near the entrance to the bay. Under this bill, the only 
commercial fishing that would be allowed in the Beardslees would be 
crab fishing, and that only by the very small number of people--perhaps 
half a dozen--that can show both a significant history of participation 
and significant dependence on that fishery for their livelihoods. This 
privilege could be transferred to one successor when the original 
fisherman retires, but will cease after that. And at any point, the 
Park Service could eliminate all fishing in the Beardslees with a fair 
payment to the individual fishermen. The

[[Page S8094]]

reason for such a special rule in the Beardslees is simply that these 
fishermen have no other option than fishing in the Beardslees, due to 
the size of their vessels, their reliance on this one fishery, and 
other factors.
  This bill will not contribute to any increase in fishing pressure; in 
fact, over time the opposite may occur. It will simply provide for the 
scientifically sound continuation of an environmentally benign 
activity.
  In closing, Mr. President, let me add that the continuation of both 
subsistence and commercial fishing enjoys wide support from local 
residents, including environmental groups such as the Southeast Alaska 
Conservation Council.
  I ask unanimous consent that the text of the bill be printed in the 
Record and look forward to my colleagues' support for this measure.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1064

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Glacier Bay Management and 
     Protection Act of 1997''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the geographical area comprising Glacier Bay National 
     Park has been recognized as having important national 
     significance since the creation of Glacier Bay National 
     Monument by Presidential proclamation on February 26, 1925, 
     and the subsequent Presidential proclamation expanding the 
     monument on April 18, 1939;
       (2) in 1980, Congress enlarged and redesignated the 
     monument as Glacier Bay National Park;
       (3) the Park provides valuable opportunities for the 
     scientific study of marine and terrestrial resources in 
     various stages of a postglaciation period;
       (4) the Park is a popular tourist destination for cruise 
     ship and tour boat passengers, recreational boaters, 
     fishermen, back-country kayakers, hikers, and other users;
       (5) improvements to the Park's infrastructure and an 
     increase in small passenger vessel capacity within the Park 
     are needed to provide for increased enjoyment by visitors to 
     the Park and more efficient management of Park activities;
       (6) Huna Tlingit Indians residing near Glacier Bay have 
     engaged in subsistence fishing and gathering in and around 
     the bay for approximately 9,000 years, interrupted only by 
     periodic glacial advances, and reestablished after each 
     glacial retreat;
       (7) commercial fishing has occurred in and around Glacier 
     Bay for over 100 years, long before the area was recognized 
     by the Federal Government;
       (8) commercial fishing and subsistence fishing and 
     gathering in Glacier Bay National Park occur at stable levels 
     of activity that have no perceivable adverse effect on the 
     health or sustainability of marine resources in the Park, 
     including the marine resources of Glacier Bay;
       (9) commercial fishing and subsistence fishing and 
     gathering are of great importance to local residents who 
     often lack other alternatives for sustaining their 
     livelihood; and
       (10) the continuation of commercial fishing and subsistence 
     fishing and gathering in Glacier Bay has widespread support 
     among local residents and Glacier Bay users, including the 
     environmental community and operators of back-country kayak 
     tours.

     SEC. 3. INFRASTRUCTURE IMPROVEMENT.

       Section 1306 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3196) is amended by adding at the 
     end the following:
       ``(c) Glacier Bay Park.--
       ``(1) Glacier bay lodge.--
       ``(A) Cooperative agreement.--The Secretary may enter into 
     a cooperative agreement, partnership, or other contractual 
     relationship with the operator of Glacier Bay Lodge in 
     Bartlett Cove for the purpose of making improvements to the 
     Lodge and related visitor facilities.
       ``(B) Scope of work.--Improvements to the physical plant 
     and infrastructure under subparagraph (A) may include--
       ``(i) expansion of the overnight lodging, meeting space, 
     and food service capacity of the Lodge;
       ``(ii) improvement of visitor access, including boat 
     landing facilities, paths, walkways, and vehicular access 
     routes;
       ``(iii) construction of a visitor information center and an 
     Alaska Native cultural center;
       ``(iv) construction of research and maintenance facilities 
     necessary to support Glacier Bay National Park and Glacier 
     Bay Lodge activities;
       ``(v) construction or alteration of staff housing; and
       ``(vi) correction of deficiencies that may impair 
     compliance with Federal or State construction, safety, or 
     access requirements.
       ``(2) Alteration of park headquarters.--Before entering 
     into a cooperative agreement or contract for alteration or 
     expansion of National Park Service facilities in or near 
     Gustavus, Alaska, the Secretary shall provide to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that includes a cost-benefit analysis of the 
     alteration or expansion, including an examination of other 
     reasonable alternatives to achieve the desired level of 
     service.''.

     SEC. 4. SMALL PASSENGER VESSELS.

       Section 1307 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3197) is amended by adding at the 
     end the following:
       ``(d) Glacier Bay Passenger Vessels.
       ``(1) In general.--Not later than 9 months after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to increase the number of Glacier Bay 
     entry permits available to tour boats during June, July, and 
     August to a level consistent with the demand for the entries.
       ``(2) Transit separate from tour boats.--Increases in tour 
     boat entry permits for Glacier Bay under paragraph (1) shall 
     be considered separate from, and shall not affect or be 
     affected by, the number of entry permits provided to small 
     passenger vessels providing passage to and from Glacier Bay 
     Lodge.''.

     SEC. 5. SURVEY OF PARK USERS.

       Section 1307 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3197) (as amended by section 4) 
     is amended by adding at the end the following:
       ``(e) Survey of Glacier Bay Users.--
       ``(1) Survey design.--Not later than 60 days after the date 
     of enactment of this subsection, the Secretary shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Resources of the House of 
     Representatives a plan for conducting a comprehensive survey 
     of Glacier Bay National Park users during the following 
     visitor season, including individuals arriving in the Park on 
     commercially operated vessels, to determine--
       ``(A) the extent to which the users consider the activities 
     of other groups of users of the Park as having an adverse 
     impact on the users' enjoyment of the Park; and
       ``(B) the extent to which the expectations of the users for 
     the Park are being satisfied.
       ``(2) Results.--Not later than December 31 of the calendar 
     year in which the survey is conducted pursuant to the plan 
     submitted under paragraph (1), the Secretary shall report to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Resources of the House of 
     Representatives the results of the survey and any 
     recommendations the Secretary considers necessary to 
     reconcile competing uses of the Park or satisfy visitor 
     access needs of the Park.''.

     SEC. 6. FISHING.

       Section 1314 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3202) is amended by adding at the 
     end the following:
       ``(d) Fishing in Glacier Bay National Park.--
       ``(1) Definitions.--In this subsection:
       ``(A) Council.--The term `Council' means the Glacier Bay 
     Fishery Science Advisory Council established by paragraph 
     (6).
       ``(B) Exterior waters of the park.--The term `exterior 
     waters of the Park' means the marine waters in the Park but 
     outside Glacier Bay proper.
       ``(C) Glacier bay proper.--The term `Glacier Bay proper' 
     means the waters of Glacier Bay, including coves and inlets, 
     north of a line drawn from Point Gustavus to Point Carolus.
       ``(D) Park.--The term `Park' means Glacier Bay National 
     Park.
       ``(E) Reserve.--The term `Reserve' means the Glacier Bay 
     Marine Fisheries Reserve designated by paragraph (4).
       ``(F) Resident population.--The term `resident population' 
     means a discrete population of fish or shellfish that--
       ``(i) spawns in the Park;
       ``(ii) is comprised of individual fish or shellfish the 
     majority of which spend the greater part of their life cycle 
     in the Park; or
       ``(iii) is demonstrated to be reliant on unique features of 
     the Park for the survival of the population.
       ``(2) Subsistence use.--
       ``(A) In general.--Subject to subparagraph (B), subsistence 
     fishing and gathering by a local resident of the Park, 
     including a resident of Hoonah, shall be allowed in the Park 
     in accordance with title VIII.
       ``(B) Permanent structures.--No permanent structure 
     associated with subsistence fishing or gathering, including a 
     set net site, fish camp, cabin, or other related structure, 
     may be constructed in the Park.
       ``(3) Commercial fishing generally.--
       ``(A) Allowed commercial fishing.--
       ``(i) In general.--Subject to the other provisions of this 
     subsection, the Secretary shall allow commercial fishing in 
     the Park using the following methods and means in use for 
     commercial fishing in the Park during calendar years 1980 
     through 1996:

       ``(I) Trolling or seining for salmon, except that seining 
     may not be used in Glacier Bay proper.
       ``(II) Longlining.
       ``(III) Use pots or ring nets.

       ``(ii) Federal and state laws.--Fishing allowed under 
     clause (i) shall be subject to any applicable Federal or 
     State law.
       ``(iii) Adverse impact.--

       ``(I) In general.--If the Secretary determines that 
     scientifically valid information demonstrates a significant 
     adverse impact is occurring to a resident population as a 
     result of commercial fishing in the Park, the Secretary shall 
     consult with the relevant State fishery management authority 
     and may request that the authority initiate remedial action.

[[Page S8095]]

       ``(II) Emergency action.--If the Secretary determines that 
     commercial fishing is causing an emergency that poses an 
     immediate threat to a Park resource, including a resident 
     population of fish or shellfish, and that the relevant State 
     fishery management authority is not taking appropriate 
     action, the Secretary may promulgate such regulations as are 
     necessary to protect the threatened resource for the duration 
     of the emergency.

       ``(B) Memorandum of understanding.--Not later than 90 days 
     after the date of enactment of this subsection, the Secretary 
     and the relevant State fishery management authority shall 
     jointly prepare and publish a memorandum of understanding 
     that--
       ``(i) describes the respective authority of the Secretary 
     and the State fishery management authority with regard to the 
     management of commercial fishing in the Park; and
       ``(ii) establishes a process for consultations and 
     regulatory action under subparagraph (A).
       ``(4) Glacier bay marine fisheries reserve.--
       ``(A) Designation.--The waters of Glacier Bay proper are 
     designated as the Glacier Bay Marine Fisheries Reserve.
       ``(B) Purposes.--The purposes of the Reserve are--
       ``(i) to maintain a high degree of protection for the 
     living marine resources of the Glacier Bay marine ecosystem;
       ``(ii) to provide for the continued health, diversity, and 
     abundance of the resources in the Glacier Bay marine 
     ecosystem;
       ``(iii) to provide a continuing opportunity for the conduct 
     of fisheries science in a postglacial ecological environment; 
     and
       ``(iv) to provide for sustainable public use and enjoyment 
     of the marine resources of Glacier Bay.
       ``(C) Fishing.--
       ``(i) in general.--Subject to clauses (ii) and (iii), the 
     Reserve shall remain open to fishing in accordance with 
     paragraphs (2) and (3).
       ``(ii) Closures and restrictions.--A closure or a 
     restriction on time, area, or method or means of access to 
     the Reserve may be implemented by the appropriate State 
     fishery management authority if the closure or restriction--

       ``(I) is recommended by the Council; and
       ``(II) is required to achieve the purposes of the Reserve.

       ``(iii) Comment.--Before implementing a closure under 
     clause (ii), the appropriate State fishery management 
     authority shall solicit comments from affected commercial or 
     subsistence users of the Reserve.
       ``(5) Beardslee islands.--
       ``(A) Restriction on fishing.--Notwithstanding paragraph 
     (4)(C), the waters of the Beardslee Islands managed as 
     wilderness shall be closed to commercial fishing, except that 
     the appropriate State fishery management authority shall 
     allow commercial fishing for Dungeness crab by an individual 
     who, during calendar years 1984 through 1995--
       ``(i) participated in commercial fishing for Dungeness crab 
     in the Beardslee Islands for a minimum of 10 fishing seasons; 
     and
       ``(ii) was reliant on the fishing referred to in clause (i) 
     for a significant part of the individual's fishery-related 
     income.
       ``(B) Information.--In making a determination of 
     eligibility under subparagraph (A), the appropriate fishery 
     management authority shall consider all available public 
     records as well as any other information made available by 
     the prospective applicant.
       ``(C) Ineligibility.--
       ``(i) In general.--If an individual engaged in commercial 
     fishing in the waters of the Beardslee Islands under this 
     paragraph voluntarily ceases to participate actively in the 
     fishing for a period of at least 1 year for any reason other 
     than illness, injury, or national service, the individual 
     shall not be eligible to engage in commercial fishing in the 
     waters of the Beardslee Islands under this paragraph.
       ``(ii) Designated successor.--

       ``(I) In general.--An individual who is ineligible to 
     engage in commercial fishing under clause (i) may, at any 
     time before or during the year in which the individual ceases 
     to participate actively in fishing, designate a successor 
     that may engage in commercial fishing for Dungeness crab in 
     the waters of the Beardslee Islands under this paragraph as 
     long so the successor--

       ``(aa) engages in commercial fishing for Dungeness crab in 
     the waters of the Beardslee Islands; and
       ``(bb) is reliant on the fishing for a significant part of 
     the individual's fishery-related income.

       ``(II) Ineligibility of successor.--If a successor 
     designated under subclause (I) voluntarily ceases to 
     participate actively in fishing in the waters of the 
     Beardslee Islands under this paragraph for a period of at 
     least 1 year for any reason other than illness, injury, or 
     national service, the individual shall no longer be eligible 
     to engage in commercial fishing in the waters of the 
     Beardslee Islands under this paragraph.

       ``(D) Temporary successor.--
       ``(i) In general.--If an individual eligible to engage in 
     commercial fishing in the waters of the Beardslee Islands 
     under this paragraph is forced by reason of illness, injury, 
     or national service to forego the fishing, the individual may 
     designate a temporary successor for a period of 1 year.
       ``(ii) Renewal.--The designation of a temporary successor 
     under clause (i) may be renewed yearly so long as the 
     condition of illness, injury, or national service continues 
     to prevent the eligible individual from participating in the 
     commercial fishing.
       ``(E) Other law.--An individual eligible to fish under this 
     paragraph shall be subject to any other Federal or State law.
       ``(F) Fishing cessation agreement.--
       ``(i) In general.--The Secretary and an individual engaged 
     in commercial fishing under this paragraph may agree on the 
     cessation of commercial fishing by the individual.
       ``(ii) Designation of successor.--An individual who agrees 
     to cease commercial fishing under clause (i) may not 
     designate a successor under subparagraph (C)(ii).
       ``(G) Forced retirement of successor.--The Secretary may 
     require an individual designated as a successor under 
     subparagraph (C)(ii) to cease commercial fishing under this 
     paragraph if the facility--
       ``(i) determines that cessation of commercial fishing by 
     the individual would be significantly beneficial to the 
     Reserve; and
       ``(ii) compensates the individual for the individual's 
     expected lifetime earnings for the commercial fishing, as 
     determined by--

       ``(I) the individual's average annual earnings over a 5-
     year period from the commercial fishing; or
       ``(II) if a minimum of 5 years of data on the individual's 
     earnings from the commercial fishing are unavailable, the 
     average annual earnings of the individual's predecessor for 
     the commercial fishing.

       ``(6) Fishery science advisory council.--
       ``(A) Establishment.--There is established the Glacier Bay 
     Fishery Science Advisory Council.
       ``(B) Membership.--
       ``(i) In general.--The Council shall consist of 5 members, 
     of whom--

       ``(I) 2 members shall be professional fishery biologists 
     appointed by the Secretary;
       ``(II) 2 members shall be professional fishery biologists 
     appointed by the Governor of Alaska; and
       ``(III) 1 member shall be a professional fishery biologist 
     who is not employed by the Federal Government or the State of 
     Alaska, who shall--

       ``(aa) be appointed jointly by the Secretary and the 
     Governor of Alaska; and
       ``(bb) serve as chairperson of the Council.
       ``(ii) Appointments.--Appointments to the Council shall be 
     made not later than 60 days after the date of enactment of 
     this subsection.
       ``(iii) Replacement.--A Council member shall serve on the 
     Council until replaced by the authority that appointed the 
     individual.
       ``(C) Responsibilities.--The Council shall--
       ``(i) not later than 180 days after the date of enactment 
     of this subsection, provide a report reviewing the status of 
     knowledge about fishery resources in the Park to the 
     Secretary, the State of Alaska, the Committee on Energy and 
     Natural Resources of the Senate, and the Committee on 
     Resources of the House of Representatives; and
       ``(ii) not later than 1 year after the date of enactment of 
     this subsection, in consultation with appropriate Federal and 
     State agencies, prepare a fisheries management plan for the 
     Reserve, including areas managed as wilderness, in accordance 
     with subparagraph (D).
       ``(D) Fisheries management plan.--The fisheries management 
     plan referred to in subparagraph (C)(ii) shall--
       ``(i) describe a framework for pursuing opportunities for 
     fisheries science in combination with the continued harvest 
     of fish and shellfish from the Reserve, consistent with sound 
     management practices and in accordance with recognized 
     principles for the management of sustainable resources; and
       ``(ii) make such recommendations as the Council considers 
     appropriate regarding fishery research needs and regulations 
     regarding fishing times, areas, methods, and means.
       ``(E) Continuing recommendation.--After completing the 
     fisheries management plan under subparagraph (D), the Council 
     shall continue to meet at least annually, and at such other 
     times as the Council considers necessary, to provide to the 
     Secretary and the entities referred to in subparagraph (C)(i) 
     such additional recommendations on fishery research and 
     management priorities and needs in the Reserve as the Council 
     considers appropriate.
       ``(F) Consensus decisions.--For a recommendation, 
     designation, or determination of the Council to be effective 
     it shall be made by consensus.
       ``(G) FACA.--The Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the Council.
       ``(7) Effect on tidal and submerged land.--
       ``(A) Claim to tidal or submerged land.--
       ``(i) In general.--Nothing is this subsection invalidates, 
     validates, or in any other way affects any claim of the State 
     of Alaska to title to any tidal or submerged land.
       ``(ii) Future action.--No action taken pursuant to or in 
     accordance with this subsection shall bar the State of Alaska 
     from asserting at any time its claim of title to any tidal or 
     submerged land.
       ``(B) Jurisdiction.--Nothing in this subsection, and no 
     action taken pursuant to this subsection, shall expand or 
     diminish Federal or State jurisdiction, responsibility, 
     interests, or rights in the management, regulation, or 
     control of waters or tidal or submerged land of the State of 
     Alaska.''.
  Mr. President, I rise today to offer a bill to provide tax relief to 
America's

[[Page S8096]]

farmer-owned cooperatives. My bill would allow members of America's 
farmer-owned cooperatives to passthrough the small producer tax credit 
for ethanol to cooperative members, who are currently not able to take 
this credit.
  Farmer-owned cooperatives are at the heart of America's rural 
communities. Cooperatives and cooperative members--family farmers whose 
survival and prosperity are essential for our whole country--work hard, 
invest, and contribute to their communities daily. We owe them their 
fair share of that daily effort, along with a level playing field to 
compete on with other businesses.
  I am therefore introducing legislation that will allow the small 
ethanol producer credit to pass through to cooperative owners and 
members. Farmer-owned cooperatives have invested over $1 billion in 
ethanol production and marketing, and more than 857,000 farmers have a 
stake in the continued development and growth of this important 
domestic value-added industry. Yet, the members of these cooperatives 
are unable to benefit from this tax credit because cooperatives are not 
allowed to passthrough the credit.
                                 ______
                                 
      By Mr. WELLSTONE (for himself, Mr. Grassley, Mr. Kerrey, Mr. 
        Johnson, Mr. Daschle, and Mr. Conrad):
  S. 1066. A bill to amend the Internal Revenue Code of 1986 to allow 
the alcohol fuels credit to be allocated to patrons of a cooperative in 
certain cases; to the Committee on Finance.


                         tax relief legislation

  Mr. WELLSTONE. This situation is extremely unfair--owners of other 
ethanol production facilities are able to take advantage of this 
incentive, yet we are denying family farmers their fair share of the 
benefit. While I strongly support the preservation and extension of the 
ethanol tax incentives--vital for this maturing industry--passthrough 
of the small producer credit is a separate issue of fundamental 
fairness for family farmers.
  I believe all Members can agree that family farmers, who have made a 
substantial investment in ethanol production, should be able to take 
advantage of the same tax benefits that other small business owners who 
produce ethanol now enjoy. Passthrough of this tax credit is not a 
corporate subsidy and does not benefit large corporations, but is an 
incentive for America's family farmers to help produce a fuel that 
decreases our foreign oil dependence, spurs rural development, and 
improves our Nation's air quality.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill as ordered to be printed in the 
Record, as follows:

                                S. 1066

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ALLOCATION OF ALCOHOL FUELS CREDIT TO PATRONS OF A 
                   COOPERATIVE.

       (a) In General.--Subsection (d) of section 40 of the 
     Internal Revenue Code of 1986 (relating to alcohol used as 
     fuel) is amended by adding at the end the following new 
     paragraph:
       ``(6) Allocation of small ethanol producer credit to 
     patrons of cooperative.--
       ``(A) In general.--In the case of a cooperative 
     organization described in section 1381(a), any portion of the 
     credit determined under subsection (a)(3) for the taxable 
     year may, at the election of the organization made on a 
     timely filed return (including extensions) for such year, be 
     apportioned pro rata among patrons on the basis of the 
     quantity or value of business done with or for such patrons 
     for the taxable year. Such an election, once made, shall be 
     irrevocable for such taxable year.
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to patrons pursuant to subparagraph 
     (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) for the taxable year of the organization, and
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the taxable year of each patron in which 
     the patronage dividend for the taxable year referred to in 
     subparagraph (A) is includible in gross income.
       ``(C) Special rule for decreasing credit for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a)(3) for a taxable 
     year is less than the amount of such credit shown on the 
     cooperative organization's return for such year, an amount 
     equal to the excess of such reduction over the amount not 
     apportioned to the patrons under subparagraph (A) for the 
     taxable year shall be treated as an increase in tax imposed 
     by this chapter on the organization. Any such increase shall 
     not be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this subpart or 
     subpart A, B, E, or G of this part.''
       (b) Technical Amendment.--Section 1388 of the Internal 
     Revenue Code of 1986 (relating to definitions and special 
     rules for cooperative organizations) is amended by adding at 
     the end the following new subsection:
       ``(k) Cross Reference.--
       ``For provisions relating to the apportionment of the 
     alcohol fuels credit between cooperative organizations and 
     their patrons, see section 40(d)(6).''
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1996.
                                 ______
                                 
      By Mr. KERRY (for himself, Mr. Dorgan, Mr. Feingold, Mr. Leahy, 
        Ms. Moseley-Braun, Mr. Wellstone, Ms. Landrieu, Mr. Kennedy, 
        and Mr. Harkin):
  S. 1067. A bill to prohibit United States military assistance and 
arms transfers to foreign governments that are undemocratic, do not 
adequately protect human rights, are engaged in acts of armed 
aggression, or are not fully participating in the United Nations 
Register of Conventional Arms; to the Committee on Foreign Relations.


           THE CODE OF CONDUCT ON ARMS TRANSFERS ACT OF 1997

  Mr. KERRY. Mr. President, today I am introducing the Code of Conduct 
on Arms Transfers Act of 1997, a bill to place restrictions on military 
assistance and arms transfers to governments that are not democratic, 
do not respect human rights, are engaged in armed aggression, or are 
not participating in the U.N. Register of Conventional Arms.
  Before I discuss the specifics of the legislation, I want to take a 
moment to pay tribute to our former colleague and long-time champion of 
this effort, Senator Mark Hatfield. During his four terms in the 
Senate, Senator Hatfield developed a reputation as a man committed to 
the search for peace and a staunch advocate of nonmilitary solutions 
for international problems. It was natural for Senator Hatfield to take 
the lead in an effort to make U.S. arms sales policy more reflective of 
American values. He did not succeed in winning passage of a Code of 
Conduct, but he placed the issue in front of the Senate and the public, 
and moved the debate forward. I am sure he is gratified to see that the 
House of Representatives adopted a version of the Code as an amendment 
to the bill to authorize State Department activities for fiscal year 
1998. I am honored to follow in his footsteps and introduce derivative 
legislation, the 1997 Code of Conduct Act.
  The Code of Conduct on Arms Transfers Act embodies a fundamental 
shift in the way that the United States will deal with the transfer of 
conventional weapons to the rest of the world. Like many other aspects 
of our national security structure, arms sales and other military 
assistance must be adjusted to the realities of the post-cold-war era. 
The central theme of our foreign policy has changed from containment of 
communism to expansion of democracy. We no longer need to send massive 
amounts of weaponry to our surrogates around the world in an arms race 
against communism. Instead we must evaluate the effect that arms 
transfers have on regional stability, the promotion of democracy and 
the protection of human rights.
  Unfortunately, our arms transfer policies have not adjusted to this 
reality. The United States continues to be the primary supplier of arms 
to the world. We ranked first in arms transfer agreements with 
developing nations from 1988 to 1995. In 1995 the United States ranked 
first in deliveries to the developing world for the fourth year in row. 
The United States share of all arms transfers to developing nations 
rose from 11.1 percent in 1988 to 44.1 percent in 1995. In constant 
dollars the United States has increased deliveries to developing 
nations from $5.5 billion in 1988 to $9.5 billion in 1995. It is 
disturbing to me that an analysis done by the Project 
on Demilitarization and Democracy revealed that, of the arms transfers 
to developing nations over a 4-year period, 85 percent went to non-
Democratic governments. It is clear that other factors, including 
short-term economic benefits from sales, dominate the U.S. Government's 
decision making process concerning arms

[[Page S8097]]

sales and the nature of the recipient regimes appears to be of little 
consequence.

  The Code of Conduct seeks to elevate the consideration of democracy, 
human rights and nonaggression from their current status as policy 
afterthoughts to primary criteria for decisions on arms transfers. A 
quote from a February 17, 1995 press release from the White House 
illustrates--by what it omits--the unfortunate tendency to ignore these 
factors. The release states, in part: ``The U.S. continues to view 
transfers of conventional arms as a legitimate instrument of U.S. 
foreign policy--deserving U.S. government support--when they enable us 
to help friends and allies deter aggression, promote regional security, 
and increase interoperability of U.S. forces and allied forces. * * * 
The U.S. will exercise unilateral restraint in cases where overriding 
national security or foreign policy interests require us to do so.''
  The criteria denoted in that statement are, indeed, critical 
components of a sound U.S. policy on arms transfers and should continue 
to be considered as such. But the statement omits what should be the 
very important consideration of the effects arms transfers are likely 
to have on democratization, nonaggression, and human rights. The U.S. 
is the largest exporter of weapons to developing nations and we must 
learn to exercise unilateral restraint not just for national security 
and foreign policy interests, but also for the furtherance of democracy 
and human rights.
  By exercising restraint, we cannot only further our foreign policy 
goal of fostering democracy, but also enhance our security as well. The 
June 1996 Report of the Presidential Advisory Board on Arms 
Proliferation Policy concluded that U.S. and international security are 
threatened by the proliferation of advanced conventional weapons. 
According to the Report, ``The world struggles today with the 
implications of advanced conventional weapons. It will in the future be 
confronted with yet another generation of weapons, whose destructive 
power, size, cost, and availability can raise many more problems even 
than their predecessors today. These challenges will require a new 
culture among nations, one that accepts increased responsibility for 
control and restraint, despite short-term economic and political 
factors pulling in other directions.'' The Code of Conduct is a step 
toward that new culture.

  The bill I am introducing today differs from past versions of the 
Code of Conduct in two significant ways. Most importantly, the language 
no longer requires that Congress pass legislation to accept a 
Presidential waiver for countries that do not meet the criteria. Under 
previous versions of the legislation, the President was required to 
submit to Congress an annual list of countries determined to meet the 
criteria for human rights, democracy, and non-aggression. For countries 
that failed to meet this threshold, the President could have requested 
a national security waiver, but the Congress would have had to enact 
the waiver through legislation. In my judgment, this approach made 
granting a waiver pass a very stiff test. Consequently, this provision 
was a major impediment to passage of the Code. Under the terms of the 
bill being introduced today, the President will still submit the annual 
list of countries that meet the criteria, but a Presidential request 
for a national security waiver does not require further action by the 
Congress. Congress could, of course, disapprove the waiver through the 
normal legislative process, but that likely would require overriding a 
Presidential veto. The design of the waiver process in the bill I am 
introducing is the same as that passed by the House.
  The second difference from past versions of the Code is the inclusion 
of a section to promote an international arms transfer regime. We are 
far and away the world's biggest arms merchant and we must lead the way 
for the rest of the world in addressing this issue. But the United 
States cannot do this alone. We should not deceive ourselves regarding 
the ability or willingness of other arms-producing nations to rush in 
and fill any gap we create. Russia, France, China, and other nations 
all have the potential to provide weapons the United States and its 
manufacturers will not provide. My legislation will require the 
President to expand international efforts to curb worldwide arms sales 
and to work toward establishing a multilateral regime to govern the 
transfer of conventional arms. It requires the President to notify 
allied governments when the United States determines a nation is 
ineligible under the Code for arms transfers, and request that our 
allies join the United States in refusing to transfer arms to that 
nation. The bill also requires the President to report annually to the 
Congress on steps he is taking to gain international acceptance of the 
principles incorporated in this legislation and on the progress he is 
making toward establishing a permanent multilateral structure for 
controlling arms transfers.

  If some of my colleagues view this effort as naive in a rough and 
tumble world, I call their attention to a commentary editorial in the 
June 16, 1997, issue of Defense News which endorses the Arms Trade Code 
of Conduct as passed by the House of Representatives. The editors 
concluded that the Code ``would create a useful tool to shine light on 
some nations' darkest human rights and other unsavory secrets.'' The 
effort to establish an international Code of Conduct has won the 
support of former Costa Rican President Oscar Arias and a dozen of his 
fellow Nobel Peace laureates. Similar legislation has been introduced 
in the European Union and several of its member nations, and the new 
government in the United Kingdom has expressed support for the concept.
  The United States should lead the way and stop selling arms to 
nations that ignore the rights and needs of their citizens that use 
those arms to bully their neighbors or their own populations. We should 
lead the way to establishment of a multilateral regime that will 
effectively prevent such nations from obtaining arms with which to 
enforce and administer nefarious activities. This legislation, and the 
similar legislation already passed by the House of Representatives, can 
be the vehicle to accomplish this objective.
  I want to thank Senator Dorgan, who previously has offered a Code of 
Conduct provision as an amendment to other legislation, for joining as 
a cosponsor today, along with Senators Feingold, Leahy, Moseley-Braun, 
Wellstone, Landrieu, Kennedy, and Harkin.
  With their support, and the support of other Senators whose support I 
am confident will be forthcoming, I am hopeful that we will see the 
Congress enact and the President sign into law this year legislation 
that will ensure that the values of democratization, human rights, and 
nonaggression--which are so important to our Nation and so often lauded 
and referenced by elected officials from both parties--will be legally 
established as criteria for arms sales and transfers to other nations 
by the United States.
  I ask unanimous consent the text of the bill be printed following my 
remarks.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1067

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Code of Conduct on Arms 
     Transfers Act of 1997''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to provide clear policy 
     guidelines and congressional responsibility for determining 
     the eligibility of foreign governments to be considered for 
     United States military assistance and arms transfers.

     SEC. 3. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND 
                   ARMS TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS.

       (a) Prohibition.--Except as provided in subsections (b) and 
     (c), beginning on and after October 1, 1998, United States 
     military assistance and arms transfers may not be provided to 
     a foreign government for a fiscal year unless the President 
     certifies to Congress for that fiscal year that such 
     government meets the following requirements:
       (1) Promotes democracy.--Such government--
       (A) was chosen by and permits free and fair elections;
       (B) promotes civilian control of the military and security 
     forces and has civilian institutions controlling the policy, 
     operation, and spending of all law enforcement and security 
     institutions, as well as the armed forces;
       (C) promotes the rule of law, equality before the law, and 
     respect for individual and

[[Page S8098]]

     minority rights, including freedom to speak, publish, 
     associate, and organize; and
       (D) promotes the strengthening of political, legislative, 
     and civil institutions of democracy, as well as autonomous 
     institutions to monitor the conduct of public officials and 
     to combat corruption.
       (2) Respects human rights.--Such government--
       (A) does not engage in gross violations of internationally 
     recognized human rights, including--
       (i) extrajudicial or arbitrary executions;
       (ii) disappearances;
       (iii) torture or severe mistreatment;
       (iv) prolonged arbitrary imprisonment;
       (v) systematic official discrimination on the basis of 
     race, ethnicity, religion, gender, national origin, or 
     political affiliation; and
       (vi) grave breaches of international laws of war or 
     equivalent violations of the laws of war in internal 
     conflicts;
       (B) vigorously investigates, disciplines, and prosecutes 
     those responsible for gross violations of internationally 
     recognized human rights;
       (C) permits access on a regular basis to political 
     prisoners by international humanitarian organizations such as 
     the International Committee of the Red Cross;
       (D) promotes the independence of the judiciary and other 
     official bodies that oversee the protection of human rights;
       (E) does not impede the free functioning of domestic and 
     international human rights organizations; and
       (F) provides access on a regular basis to humanitarian 
     organizations in situations of conflict or famine.
       (3) Not engaged in certain acts of armed aggression.--Such 
     government is not currently engaged in acts of armed 
     aggression in violation of international law.
       (4) Full participation in united nations register of 
     conventional arms.--Such government is fully participating in 
     the United Nations Register of Conventional Arms.
       (b) Requirement for Continuing Compliance.--Any 
     certification with respect to a foreign government for a 
     fiscal year under subsection (a) shall cease to be effective 
     for that fiscal year if the President certifies to Congress 
     that such government has not continued to comply with the 
     requirements contained in paragraphs (1) through (4) of such 
     subsection.
       (c) Exemptions.--
       (1) In general.--The prohibition contained in subsection 
     (a) shall not apply with respect to a foreign government for 
     a fiscal year if--
       (A) subject to paragraph (2), the President submits a 
     request for an exemption to Congress containing a 
     determination that it is in the national security interest of 
     the United States to provide military assistance and arms 
     transfers to such government; or
       (B) the President determines that an emergency exists under 
     which it is vital to the interest of the United States to 
     provide military assistance and arms transfers to such 
     government.
       (2) Disapproval.--A request for an exemption to provide 
     military assistance and arms transfers to a foreign 
     government shall not take effect, or shall cease to be 
     effective, if a law is enacted disapproving such request.
       (d) Notifications to Congress.--
       (1) In general.--The President shall submit to Congress 
     initial certifications under subsection (a) and requests for 
     exemptions under subsection (c)(1)(A) in conjunction with the 
     submission of the annual congressional presentation documents 
     for foreign assistance programs for a fiscal year and shall, 
     where appropriate, submit additional or amended 
     certifications and requests for exemptions at any time 
     thereafter in the fiscal year.
       (2) Determination with respect to emergency situations.--
     Whenever the President determines that it would not be 
     contrary to the national interest to do so, he shall submit 
     to Congress at the earliest possible date reports containing 
     determinations with respect to emergencies under subsection 
     (c)(1)(B). Each such report shall contain a description of--
       (A) the nature of the emergency;
       (B) the type of military assistance and arms transfers 
     provided to the foreign government; and
       (C) the cost to the United States of such assistance and 
     arms transfers.

     SEC. 4. PROMOTING AN INTERNATIONAL ARMS TRANSFERS REGIME.

       (a) International Cooperation.--Prior to the beginning of 
     each fiscal year, the President shall compile a list of 
     countries that do not meet the requirements in section 3(a) 
     and for which the President has not requested an exemption 
     under section 3(c). The President shall--
       (1) notify the governments participating in the Wassenaar 
     Arrangement on Export Controls for Conventional Arms and Dual 
     Use Goods and Technologies, done at Vienna, July 11 and 12, 
     1996 (in this section referred to as the ``Wassenaar 
     Arrangement''), and such other foreign governments as the 
     President deems appropriate, that the countries so listed are 
     ineligible to receive United States arms sales and military 
     assistance under this Act; and
       (2) request that the countries so notified also declare the 
     listed countries as ineligible for arms sales and military 
     assistance.
       (b) Multilateral Efforts.--The President shall continue and 
     expand efforts through the United Nations and other 
     international fora, such as the Wassenaar Arrangement, to 
     limit arms transfers worldwide, particularly transfers to 
     countries that do not meet the criteria established in 
     section 3, for the purpose of establishing a permanent 
     multilateral regime to govern the transfer of conventional 
     arms.
       (c) Report.--
       (1) In general.--Beginning one year after the date of 
     enactment of this Act, and annually thereafter, the President 
     shall submit a report to Congress--
       (A) describing efforts he has undertaken during the 
     preceding year to gain international acceptance of the 
     principles contained in section 3; and
       (B) evaluating the progress made toward establishing a 
     multilateral regime to control the transfer of conventional 
     arms.
       (2) Submission of the report.--This report shall be 
     submitted in conjunction with the submission of the annual 
     congressional presentation documents for foreign assistance 
     programs for a fiscal year.

     SEC. 5. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS 
                   DEFINED.

       For purposes of this Act, the terms ``United States 
     military assistance and arms transfers'' and ``military 
     assistance and arms transfers'' mean--
       (1) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (relating to military assistance), 
     including the transfer of excess defense articles under 
     section 516 of that Act;
       (2) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (relating to international military 
     education and training); or
       (3) the transfer of defense articles, defense services, or 
     design and construction services under the Arms Export 
     Control Act (excluding any transfer or other assistance under 
     section 23 of such Act), including defense articles and 
     defense services licensed or approved for export under 
     section 38 of that Act.

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