[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12550-S12551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           ABSENCE OF DEBATE

  Mr. GRASSLEY. Mr. President, I noted on Monday of this week that the 
administration had taken an important step on drug policy. I think, 
however, it was very much a misstep, and I do not think the 
administration played fair in doing it. Each year, the Congress 
requires the administration to submit a list of countries to be 
considered for certification on drug cooperation. This is called the 
Majors List.
  The list serves as a basis for considering whether the countries 
listed have fully cooperated with the United States to control drug 
production and trafficking. It is this list that the President then 
considers for certification on March 1 of each year.
  This year, and in keeping with what seems to be a tradition with this 
administration, the list came up to the Hill very, very late. Because 
of this and because of the history of tardiness, I decided to send a 
message to the administration, one that seemed necessary to get their 
attention. So I put a hold on several ambassadorial nominations to send 
the signal that Congress takes compliance with this certification law 
on the Majors List very seriously. After more than a week's delay, we 
finally received the list. As a result, I removed my holds, but the 
list as a document contains an omission that deserves careful notice.
  Left off the list were the countries of Syria and Lebanon. Not just 
left off, but what does that mean, ``left off''? In this backhanded 
way, the administration decided in one big step to certify these two 
countries as somehow fully cooperating with the rest of the world, in 
this case the United States, on drug policy.
  Let's think about this for a moment. Syria has been decertified for 
over 10 years. Syria was not certified even during Desert Storm or 
Desert Shield when it was one of our allies in that war. Lebanon has 
just received a national-interest waiver--a decertification with 
somehow a get-out-of-jail-free card. Now, without debate or without 
substantive explanation, the administration has simply left these two 
countries off the list. This is a momentous change in policy. It 
reverses years of consideration, and it appears to ignore considerable 
evidence.
  In the letter forwarding the list to Congress, the President makes 
two arguments for doing this. Neither argument stands up well.
  The first argument seems to advance the idea that because Syrian and 
Lebanese cultivation of opium has dropped below 1,000 hectares, that 
this act alone justifies a reconsideration of their being on the list.
  It may justify a reconsideration, possibly, but it hardly justifies 
backdoor certification, and this is backdoor certification. Even the 
State Department's own annual drug report makes

[[Page S12551]]

it clear that both Syria and Lebanon remain major transiting countries 
for drugs. This criterion alone is enough to qualify for inclusion on 
the Majors List, but the administration then advances the argument that 
this is somehow OK, because the drugs do not come into the United 
States. There seems to be some belief in the administration that this 
is a justification for not keeping these two countries on the Majors 
List. However, it is apparent the administration does not read the law 
or doesn't even read its own reports.
  But even if the facts supported removing Syria from the list, which 
they do not, the Congress deserves to be briefed on this momentous 
change beforehand. Israel and other European allies deserve notice of 
this dramatic change of our policy. The American public deserves a 
chance to understand the change. This did not happen. Instead, what we 
have is indirect certification. As a result, Syria will now escape 
serious consideration next March, despite evidence of significant 
trafficking and production of these illegal drugs.
  When my staff first learned of the prospect of the change in policy, 
I told them to indicate to the State Department that this would be a 
very, very big mistake. I hoped that the Department would not take the 
step that they took.
  I was of the opinion, however, mistake though it was, that if the 
administration wanted to proceed well, then it was their call. I did 
not extend my hold on the ambassadorial nominations to cover the issue 
of Syria, and I withdrew my hold on these nominations as soon as the 
list was delivered, late though it was. But this list raises yet 
another concern.
  What we are left with, days before Congress adjourns, is a roundabout 
certification of Syria. I believe, as I said before, that such a 
decision is a big blunder. The way it was done does not do justice to 
the issue or the process of certification.
  If it had not been done this way, imagine for a moment how the issue 
would have been handled. Next year, in February, the administration 
would have to make a decision to certify Syria or not based on the 
merits. It would have to make a case to Congress at that point and even 
to the public at that point for such a move. There may be some who 
believe that in that more straightforward environment, the same 
decision would have been made, but I doubt it.
  With time to reflect and to consider, to publicly debate the issues 
and the facts, I seriously doubt that this administration would have 
certified Syria as fully cooperating in drug control. So not wanting to 
face the music, the administration did this behind-the-scene two-step 
instead. I hope the administration will reconsider, and I hope that my 
colleagues will join me in signing a letter to the President asking him 
to relook the issue.
  I ask unanimous consent that a copy of that letter by myself from 
this body and Congressman J.C. Watts, who is leading the effort in the 
House of Representatives, be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                Congress of the United States,

                                Washington, DC, November 13, 1997.
     The President of the United States,
     Executive Office of the President, The White House, 
         Washington, DC.
       Dear Mr. President: We note with concern that you have not 
     included Syria and Lebanon on the annual Majors List sent to 
     the Congress. By this act, you have, in effect, certified 
     Syria as fully cooperating on drug control issues. The 
     arguments advanced in your transmittal letter to Congress, 
     however, seems to be based on assumptions supported neither 
     in the relevant law or by the facts. Even should the facts 
     justify the decision to ultimately certify Syria and Lebanon, 
     however, we are also concerned about the method by which this 
     momentous decision was reached. This change in policy and 
     approach was not discussed with Congress nor was there an 
     effort made to establish the justifications for this action. 
     Instead, the decision was made in a most indirect way at the 
     end of the Congressional year, thus precluding debate or 
     public discussion of the issues.
       For these reasons, we hope that you will reconsider the 
     decision to place Syria and Lebanon on the Majors List. That 
     change will then provide the Administration, Congress, and 
     the public the opportunity to discuss the merits of this 
     decision publicly, with ample time to reflect on the 
     justifications for such a decision.
           Sincerely,
     Charles E. Grassley.
     J.C. Watts.

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