[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
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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.
____________________