[Congressional Record Volume 144, Number 113 (Tuesday, September 1, 1998)]
[Senate]
[Pages S9739-S9751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       FOREIGN OPERATIONS, EXPORT FINANCING AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 1999

  The Senate continued with the consideration of the bill.


                         Privilege of the Floor

  Mr. INHOFE. Mr. President, I ask unanimous consent that the privilege 
of the floor be extended to Dan Groeschen, a fellow from the Air Force, 
during the consideration of this bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that Robert 
Streurer and Tam Somerville of my office be given the privilege of the 
floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, the pending business is the foreign 
operations appropriations bill. There are very few amendments left to 
be dealt with. I ask the Chair what amendment is pending.
  The PRESIDING OFFICER. The current amendment pending is No. 3006 
offered by the Senator from Pennsylvania.
  Mr. McCONNELL. The Senator from California has been waiting patiently 
to offer a couple of amendments, which I am cosponsoring. It looks to 
me, I say to my friend, as if we are now ready to deal with those. I 
ask unanimous consent that the pending amendment be temporarily set 
aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from California is recognized.


                           Amendment No. 3507

       (Purpose: To state United States support for a peaceful 
     economic and political transition in Indonesia)

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

       The Senator from California [Mrs. Feinstein], for herself 
     and Mr. McCONNELL, proposes an amendment numbered 3507.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       At the appropriate place in title V, insert the following:
       Sec. ____. (a) Findings.--Congress makes the following 
     findings:
       (1) Indonesia is the World's 4th most populous nation, with 
     a population in excess of 200,000,000 people.
       (2) Since 1997, political, economic, and social turmoil in 
     Indonesia has escalated.
       (3) Indonesia is comprised of more than 13,000 islands 
     located between the mainland of Southeast Asia and Australia. 
     Indonesia occupies an important strategic location, 
     straddling vital sea lanes for communication and commercial 
     transportation including all or part of every major sea route 
     between the Pacific Ocean and the Indian Ocean, more than 50 
     percent of all international shipping trade, and sea lines of 
     communication used by the United States Pacific Command to 
     support operations in the Persian Gulf.
       (4) Indonesia has been an important ally of the United 
     States, has made vital contributions to the maintenance of 
     regional peace and stability through its leading role in the 
     Association of South East Asian Nations (ASEAN) and the Asia 
     Pacific Economic Cooperation forum (APEC), and has promoted 
     United States economic, political, and security interests in 
     Asia.
       (5) In the 25 years before the onset of the recent 
     financial crisis in Asia, the economy of Indonesia grew at an 
     average rate of 7 percent per year.
       (6) Since July 1997, the Indonesian rupiah has lost 70 
     percent of its value, and the Indonesian economy is now at a 
     near standstill characterized by inflation, tight liquidity, 
     and rising unemployment.
       (7) Indonesia has also faced a severe drought and massive 
     fires in the past year which have adversely affected its 
     ability to produce sufficient food to meet its needs.

[[Page S9740]]

       (8) As a consequence of this economic instability and the 
     drought and fires, as many as 100,000,000 people in Indonesia 
     may experience food shortages, malnutrition, and possible 
     starvation as a result of being unable to purchase food. 
     These conditions increase the potential for widespread social 
     unrest in Indonesia.
       (9) Following the abdication of Indonesia President Suharto 
     in May 1998, Indonesia is in the midst of a profound 
     political transition. The current president of Indonesia, 
     B.J. Habibie, has called for new parliamentary elections in 
     mid-1999, allowed the formation of new political parties, and 
     pledged to resolve the role of the military in Indonesian 
     society.
       (10) The Government of Indonesia has taken several 
     important steps toward political reform and support of 
     democratic institutions, including support for freedom of 
     expression, release of political prisoners, formation of 
     political parties and trade unions, preparations for new 
     elections, removal of ethnic designations from identity 
     cards, and commitments to legal and civil service reforms 
     which will increase economic and legal transparency and 
     reduce corruption.
       (11) To address the food shortages in Indonesia, the United 
     States Government has made more than 230,000 tons of food 
     available to Indonesia this year through grants and so-called 
     ``soft'' loans and has pledged support for additional wheat 
     and food to meet emergency needs in Indonesia.
       (12) United States national security interests are well-
     served by political stability in Indonesia and by friendly 
     relations between the United States and Indonesia.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the decision of the Clinton Administration to make 
     available at least 1,500,000 tons of wheat, wheat products, 
     and rice for distribution to the most needy and vulnerable 
     Indonesians is vital to the well-being of all Indonesians;
       (2) the Clinton Administration should work with the World 
     Food Program and nongovernmental organizations to design 
     programs to make the most effective use of food donations in 
     Indonesia and to expedite delivery of food assistance in 
     order to reach those in Indonesia most in need;
       (3) the Clinton Administration should adopt a more active 
     approach in support of democratic institutions and processes 
     in Indonesia and provide assistance for continued economic 
     and political development in Indonesia, including--
       (A) support for humanitarian programs aimed at preventing 
     famine, meeting the needs of the Indonesian people, and 
     inculcating social stability;
       (B) leading a multinational effort (including the active 
     participation of Japan, the nations of Europe, and other 
     nations) to assist the programs referred to in subparagraph 
     (A);
       (C) calling on donor nations and humanitarian and food aid 
     programs to make additional efforts to meet the needs of 
     Indonesia and its people while laying the groundwork for a 
     more open and participatory society in Indonesia;
       (D) working with international financial institutions to 
     recapitalize and reform the banking system, restructure 
     corporate debt, and introduce economic and legal transparency 
     in Indonesia;
       (E) urging the Government of Indonesia to remove, to the 
     maximum extent possible, barriers to trade and investment 
     which impede economic recovery in Indonesia, including 
     tariffs, quotas, export taxes, nontariff barriers, and 
     prohibitions against foreign ownership and investment;
       (F) urging the Government of Indonesia to--
       (i) recognize the importance of the participation of all 
     Indonesians, including ethnic and religious minorities, in 
     the political and economic life of Indonesia; and
       (ii) take appropriate action to assure the support and 
     protection of minority participation in the political, 
     social, and economic life of Indonesia;
       (iii) release individuals detained or imprisoned for their 
     political views.
       (G) support for efforts by the Government of Indonesia to 
     cast a wide social safety net in order to provide relief to 
     the neediest Indonesians and to restore hope to those 
     Indonesians who have been harmed by the economic crisis in 
     Indonesia;
       (H) support for efforts to build democracy in Indonesia in 
     order to strengthen political participation and the 
     development of legitimate democratic processes and the rule 
     of law in Indonesia, including support for organizations, 
     such as the Asia Foundation and the National Endowment for 
     Democracy, which can provide technical assistance in 
     developing and strengthening democratic political 
     institutions and processes in Indonesia;
       (I) calling on the Government of Indonesia to repeal all 
     laws and regulations that discriminate on the basis of 
     religion or ethnicity and to ensure that all new laws are in 
     keeping with international standards on human rights; and
       (J) calling on the Government of Indonesia to establish, 
     announce publicly, and adhere to a clear timeline for 
     parliamentary elections in Indonesia.
       (c) Report.--(1) Not later than 6 months after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     Congress a report containing the following:
       (A) A description and assessment of the actions taken by 
     the Government of the United States to work with the 
     Government of Indonesia to further the objectives referred to 
     in subsection (b)(3).
       (B) A description and assessment of the actions taken by 
     the Government of Indonesia to further such objectives.
       (C) An evaluation of the implications of the matters 
     described and assessed under subparagraphs (A) and (B), and 
     any other appropriate matters, for relations between the 
     United States and Indonesia.
       (2) The report under this subsection shall be submitted in 
     unclassified form, but may include a classified annex.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that that 
amendment be temporarily set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 3508

       (Purpose: To condemn the rape of ethnic Chinese women in 
     Indonesia and the May 1998 riots in Indonesia)

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

       The Senator from California [Mrs. Feinstein], for herself 
     and Mr. McConnell, proposes an amendment numbered 3508.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in title V, insert the following:
       Sec. ____. (a) Findings.--Congress makes the following 
     findings:
       (1) In May 1998, more than 1,200 people died in Indonesia 
     as a result of riots, targeted attacks, and violence in 
     Indonesia. According to numerous reports by human rights 
     groups, United Nations officials, and the press, ethnic 
     Chinese in Indonesia were specifically targeted in the riots 
     for attacks which included acts of brutality, looting, arson, 
     and rape.
       (2) Credible reports indicate that, between May 13 and May 
     15, 1998, at least 150 Chinese women and girls, some as young 
     as 9 years of age, were systematically raped as part of a 
     campaign of racial violence in Indonesia, and 20 of these 
     women subsequently died from injuries incurred during these 
     rapes.
       (3) Credible evidence indicates that these rapes were the 
     result of a systematic and organized operation and may well 
     have continued to the present time.
       (4) Indonesia President Habibie has stated that he believes 
     the riots and rapes to be ``the most inhuman acts in the 
     history of the nation'', that they were ``criminal'' acts, 
     and that ``we will not accept it, we will not let it happen 
     again.''.
       (5) Indonesian human rights groups have asserted that the 
     Indonesia Government failed to take action necessary to 
     control the riots, violence, and rapes directed against 
     ethnic Chinese in Indonesia and that some elements of the 
     Indonesia military may have participated in such acts.
       (6) The Executive Director of the United Nations 
     Development Fund for Women has stated that the attacks were 
     an ``organized reaction to a crisis and culprits must be 
     brought to trial'' and that the systematic use of rape in the 
     riots ``is totally unacceptable. . . and even more disturbing 
     than rape war crimes, as Indonesia was not at war with 
     another country but caught in its own internal crisis''.
       (7) The Indonesia Government has established the Joint 
     National Fact Finding Team to investigate the violence and 
     allegations of gang rapes, but there are allegations that the 
     investigation is moving slowly and that the Team lacks the 
     authority necessary to carry out an appropriate 
     investigation.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the mistreatment of ethnic Chinese in Indonesia and the 
     criminal acts carried out against them during the May 1998 
     riots in Indonesia is deplorable and condemned;
       (2) a complete, full, and fair investigation of such 
     criminal acts should be completed by the earliest possible 
     date, and those identified as responsible for perpetrating 
     such criminal acts should be brought to justice;
       (3) the investigation by the Government of Indonesia, 
     through its Military Honor Council, of those members of the 
     armed forces of Indonesia suspected of possible involvement 
     in the May 1998 riots, and of any member of the armed forces 
     of Indonesia who may have participated in criminal acts 
     against the people of Indonesia during the riots, is 
     commended and should be supported;
       (4) the Government of Indonesia should take action to 
     assure--
       (A) the full observance of the human rights of the ethnic 
     Chinese in Indonesia and of all other minority groups in 
     Indonesia;
       (B) the implementation of appropriate measures to prevent 
     ethnic-related violence and rapes in Indonesia and to 
     safeguard the physical safety of the ethnic Chinese community 
     in Indonesia;
       (C) prompt follow through on its announced intention to 
     provide damage loans to help rebuild businesses and homes for 
     those who suffered losses in the riots; and

[[Page S9741]]

       (D) the provision of just compensation for victims of the 
     rape and violence that occurred during the May 1998 riots in 
     Indonesia, including medical care;
       (5) the Clinton Administration and the United Nations 
     should provide support and assistance to the Government of 
     Indonesia, and to nongovernmental organizations, in the 
     investigations into the May 1998 riots in Indonesia in order 
     to expedite such investigations; and
       (6) Indonesia should ratify the United Nations Convention 
     on Racial Discrimination, Torture, and Human Rights.
       (c) Support For Investigations.--Of the amounts 
     appropriated by this Act for Indonesia, the Secretary of 
     State, after consultation with Congress, shall make available 
     such funds as the Secretary considers appropriate in order to 
     provide support and technical assistance to the Government of 
     Indonesia, and to independent nongovernmental organizations, 
     for purposes of conducting full, fair, and impartial 
     investigations into the allegations surrounding the riots, 
     violence, and rape of ethnic Chinese in Indonesia in May 
     1998.
       (d) Report.--(1) Not later than 6 months after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     Congress a report containing the following:
       (A) An assessment of--
       (i) whether or not there was a systematic and organized 
     campaign of violence, including the use of rape, against the 
     ethnic Chinese community in Indonesia during the May 1998 
     riots in Indonesia; and
       (ii) the level and degree of participation, if any, of 
     members of the Government or armed forces of Indonesia in the 
     riots.
       (B) An assessment of the adequacy of the actions taken by 
     the Government of Indonesia to investigate the May 1998 riots 
     in Indonesia, bring the perpetrators of the riots to justice, 
     and ensure that similar riots do not recur.
       (C) An evaluation of the implications of the matters 
     assessed under subparagraphs (A) and (B) for relations 
     between the United States and Indonesia.
       (2) The report under this subsection shall be submitted in 
     unclassified form, but may include a classified annex.

  Mrs. FEINSTEIN. Mr. President, I rise on behalf of the distinguished 
chairman of the subcommittee and myself to address the two amendments 
that I have just sent to the desk. The first amendment addresses the 
political, economic, and social turmoil now facing Indonesia, one of 
our most important allies, and calls for a more active U.S. role in 
supporting a peaceful economic and political transition in Indonesia.
  The second amendment expresses my concern and condemnation over the 
allegations regarding the brutal treatment and rape of ethnic Chinese 
women in Indonesia during the riots that occurred this past May, a 
situation that, if left unaddressed, threatens to undermine the other 
progress that Indonesia is making.
  Taken together, I believe that these two amendments provide a solid 
framework for U.S. policy towards this vital country.
  Indonesia is a country of great significance for the United States, 
and we have a great deal riding on the outcome of the current period of 
economic and political transition.
  Indonesia is the world's fourth-most populous nation, and its ethnic 
and religious diversity boasts the world's largest Muslim population;
  Indonesia is comprised of over 13,000 islands which span important 
sea lanes, including 50 percent of volume of all international shipping 
and every major route between the Indian and Pacific Oceans;
  Indonesia has served as a vital engine of East Asian economic growth. 
It possesses vast natural resources, including oil and gas. Before the 
disruption caused by the current global financial crisis, the World 
Bank in 1997 estimated that Indonesia would possess the world's 6th 
largest economy by early in the new century, and Indonesia has been an 
active proponent of more liberal trade measures in the Asia-Pacific 
region;
  As the largest member of ASEAN, and a founder of the Asian Regional 
Forum, Indonesia has been a linchpin of regional security, and has 
worked with the United States on many key regional security concerns;
  In short, the United States has a profound national interest in the 
emergence of a stable, prosperous and democratic Indonesia from its 
current period of instability.
  Let me briefly recap some of the issues currently facing Indonesia 
and the developments which underscore, I believe, the need for these 
two Amendments.
  First, in response to public pressure to step down, earlier this year 
President Suharto resigned after thirty-two years in office. Following 
an orderly transfer of power, the new President, B.J. Habibie, 
assembled a cabinet, took some initial steps towards political reform, 
and pledged new elections.
  Several dangers still lie ahead. Indonesia lacks a system with strong 
and capable democratic institutions and has a long history of regional, 
religious and ethnic tensions. The road to a more open and democratic 
political system will be long and hazardous.
  Second, at the same time as Indonesia must make progress in this 
political transition, it is imperative that the Habibie government also 
take action to address the economic crisis that continues to buffet 
Indonesia.
  In other words, it is in the national interest of the United States 
that there be a stable, prosperous and democratic Indonesia and that it 
come out of its current period of instability.
  The first amendment before this body addresses the political, 
economic, and the social turmoil now facing Indonesia, and it calls for 
a more active U.S. role in supporting a peaceful economic and political 
transition and for America to lead a major humanitarian effort. Mr. 
President, today, at least 7\1/2\ million people are facing starvation 
in that country.
  The second amendment is a sense of the Senate that expresses the 
concern and condemnation regarding allegations for the brutal 
mistreatment of the ethnic Chinese community within that country. That 
community totals about 6 percent of Indonesia's population. It is an 
entrepreneurial mercantile class. Once before, in the 1960s, during a 
pro-Communist revolution, the Chinese ethnic community was made a 
scapegoat, and literally tens of thousands of people were killed. This 
time, once again, there was a brutal outbreak against this community, 
and this resolution condemns it in no uncertain terms.
  Mr. President, I believe that Indonesia is extraordinarily important 
economically. As I said, the rupiah has fallen by over 70 percent in 
value in the past year. The country is saddled with about $80 billion 
in private debt and the prospect of a fall of 10 percent in its gross 
domestic product and a drop of over 25 percent of its manufacturing 
output. The economy is at a standstill. Inflation is threatening to 
reach triple digits and unemployment is rising rapidly.
  While I believe that Indonesia has the long-term capacity to work its 
way back to prosperity, in the short term the pain will likely get 
worse as the full effect of the financial crisis works its way through 
the economy.
  Finally, Indonesia is on the brink of a profound humanitarian crisis.
  In the past year Indonesia has faced severe droughts and massive 
fires, with the end result being that Indonesia is now unable to 
produce sufficient food to meet the needs of its people--food shortages 
which have been exacerbated by the current economic crisis.
  In a somewhat limited assessment earlier this year, the World Food 
Program estimated that more than 7.5 million Indonesians in the Eastern 
areas faced severe food shortages, malnutrition, and starvation as a 
result of the drought and fires. Others have estimated that with the 
effects of the economic crisis compounding the natural disasters, 
upwards of 100 million people across all of Indonesia may soon face 
acute food shortages.
  The Administration, I believe, is to be commended for its handling of 
the situation thus far. President Clinton's meeting with Suharto at 
APEC last fall, Special Presidential Envoy Mondale's session with 
Suharto in March, Secretary Albright's numerous discussions with 
Foreign Minister Alatas, and Assistant Secretary Roth's many trips to 
Jakarta have provided the United States an opportunity to encourage and 
support Indonesian political and economic reform.
  The Administration has also made important pledges of food aid--more 
than 230,000 tons this year through grants and ``soft'' loans, with 
much more promised if and as the crisis deepens.
  In assessing the challenges facing Indonesia, however, I believe that 
the United States must do more to assist the people of Indonesia to 
take advantage of the challenges and opportunities of a post-Suharto 
era.
  Indeed, beyond the ``macro'' questions of political and economic 
reform,

[[Page S9742]]

hard-won gains made over the past thirty years in such areas as 
nutrition, sanitation and public health are all under threat, while, 
crime, child labor, and poverty are on the rise. Ordinary Indonesians 
are suffering as a result of this crisis.
  First, in recognition of the need to help alleviate that suffering, 
this Amendment supports the Administration's pledges of humanitarian 
food assistance. Moreover, it calls on the United States to take a 
leading role in the international community in developing and 
implementing efforts to meet Indonesia's humanitarian and food needs, 
with the goal of assuring that programs are put in place which will 
prevent famine and which will meet the basic needs of Indonesia's 
people.
  I believe it is extraordinarily important that the United States lead 
a major international effort at humanitarian relief to see that the 
people of Indonesia avoid starvation. And this sense of the Senate, the 
first resolution, puts this body in support of the administration's 
actions and urges the administration to go a step further and lead a 
major international humanitarian relief effort.
  Second, this amendment supports Indonesia's efforts to move forward 
with economic reforms. As I have already said, while I am encouraged by 
some of the positive signs we have seen thus far, the key question is 
whether the Habibie government will be more successful than its 
predecessor in carrying through on its economic reform commitments.
  To that end this amendment calls on the United States to adopt a more 
aggressive approach to working with Indonesia to implement serious and 
far reaching economic and fiscal reform: To restructure corporate debt, 
reform bankrupt and corrupt economic structures, implement transparent 
legal and banking systems, and open its economy to greater 
international trade.
  At the same time, this amendment recognizes that such economic reform 
can not come without considerable disruption to the lives of many 
Indonesians, and it thus supports efforts by the Government of 
Indonesia to cast a wide social safety net to provide relief to those 
in need.
  Finally, given President Habibie's public affirmation of the 
importance of moving on political reform and economic recovery in 
tandem--an approach I agree with--this amendment also calls on the 
Administration to take a more activist approach to working to develop 
democratic institutions and processes in Indonesia, to see that the 
human rights of all Indonesians are respected and protected, and for 
the Government of Indonesia to adhere to its commitment to hold 
elections.
  In sum, this amendment seeks to encourage the development of more 
active and engaged U.S. approach to Indonesia, and a U.S. policy which 
will work the Indonesian government to develop and lead a reform 
process that is deep and wide, reaches out to all Indonesians, and lays 
the groundwork for restored confidence in Indonesia's political and 
economic future.
  The second amendment which I have offered today speaks to a specific 
situation in Indonesia which I fear, if left unaddressed, runs the risk 
of undermining the progress which Indonesia has made and the goals 
articulated by my first amendment: The question is the treatment of its 
ethnic Chinese minority during the riots of this May, and specifically 
what appears to be systematic rape against the female population as an 
instrument of terror.
  Mr. President, in all too many places and in all too many conflicts 
in recent years we have witnessed the use of rape and sexual torture as 
an instrument of war and ethnic cleansing. Although, I am sad to say, 
some incidents of rape have always accompanied war and turmoil in human 
history, the record of the past few years, with the use of organized, 
systematic campaigns of rape as a tool of terror, is almost as though a 
new chapter in the barbarity of human history has been opened.
  I was therefore deeply troubled when I learned that there are serious 
and credible allegations that rape was used as an instrument of terror 
in targeted attacks on the ethnic Chinese community in Indonesia during 
the riots this past May.
  According to credible reports, at least 168 cases of rape occurred in 
Jakarta alone during the riots of May 13-15, 1998 as part of a pattern 
of political violence targeted against ethnic Chinese in Indonesia.
  An investigative report published in Asiaweek on July 24, 1998 
describes incidents documented by Rosita Noer, an Indonesian physician 
and human rights activist. For example, ``In three Chinese areas of 
west Jakarta, between 5 and 8 pm, dozens of men dragged a hundred or so 
girls on to the streets, stripped them and forced them to dance before 
a crowd. Twenty were raped, then some burned alive, says Noer. She 
examined six other victims attacked in their homes in different areas 
of Jakarta. The girls were between the ages of 14 and 20; four of them 
had been raped by seven men.''
  In light of such reports, I was encouraged by President Habibie's 
decision two months ago to set up a national committee of inquiry to 
investigate the rapes, and his branding these rapes as criminal, 
inhumane actions.
  I have been troubled, however, by the lack of clear and decisive 
action taken by the Government of Indonesia over the past three months 
to investigate these rapes and bring the perpetrators to justice.
  Just this past weekend, for example, Indonesian Women's Affairs 
Minister Tutty Alawiah, one of the leaders of the government 
investigation, was reported in the press to have stated that ``The team 
has been conducting an investigation for 1\1/2\ months now but has 
found no women who fell victim to gang rape or who claimed to have been 
raped during the May riots.''
  Minister Tutty Alawiah's statement, and those of other leading 
Indonesian political figures have also been quoted in the press as 
doubting the veracity of the rapes, fly in the face of the voluminous 
credible findings of independent groups, such as the Indonesian Human 
Rights Commission, as well as numerous reports in the media, which have 
found considerable evidence of the these criminal, inhuman, rapes.
  For example, in an August 3, 1998 story Business Week reported that 
``On May 14, trucks loaded with muscular men raced to shopping centers 
and housing projects owned by ethnic Chinese. The men doused the shops 
and houses with gasoline and set off devastating fires. At least 182 
women were raped or sexually tortured, some of them repeatedly, by men 
with crewcuts whom the victims believed to be soldiers. At least 20 
women are confirmed to have died as a result.''
  ``Confirmed to have died.'' I do not want to cast aspersions on the 
government's official investigation, but I can not help but find it 
curious that a journalist can find evidence of the rapes and the 
aftermath yet one of the leaders of the government's investigation can 
not.
  I find this particularly troubling in light of an August 1, 1998 
Agence France-Presse news story which reported that ``At least 22 
victims and witnesses of rapes during the widespread rioting in 
Indonesia in May have talked to a team set up by the government to 
probe violence during the unrest.''
  What has become of the evidence provided by these 22 victims and 
witnesses, that Minister Tutty Alawiah claims that no evidence of the 
rapes can be found and that no victims have come forward?
  The Chicago Tribune, on July 29, 1998, carried a story featuring 
``Aileen'', a still-hospitalized 24 year old ethnic Chinese women raped 
by a group of men and left in a pool of blood.
  Are the government investigators unwilling or unable to find this 
women, and the many others like her, so easily found and interviewed by 
an American journalist?
  Perhaps most telling, a July 13, 1998 report by the Volunteers Team 
for Humanity, headed by Father Sandyawan, a respected Indonesian human 
rights activist, found ample documentation of systematic and organized 
rapes targeted at Indonesia's ethnic Chinese community.
  The report contains locations of rapes, the modus operandi of the 
perpetrators, dates of the rapes, and quotes from victims and 
witnesses, among other documentary evidence.
  Indeed, it is ironic to note that the authors of this July 13 report 
undertook their documentary efforts precisely because they feared that 
there

[[Page S9743]]

would be efforts to ``cover the case up as if it never happened.''
  What has become of this credible volume of documentation gathered by 
a respected independent group in the context of the government 
investigation?
  In short, there appears to be ample evidence that these rapes 
occurred, and that the director of the United Nations Development Fund 
for Women was well-founded in her belief when she stated that these 
rapes occurred as part of an ``organized reaction to crisis.''

  I realize that the Indonesian government investigation is not yet 
complete. But I find it deeply troubling that there are signs that the 
official government investigation of these incidents may be guided more 
by political considerations then by a commitment to the truth and to 
justice.
  We all know that there are numerous problems that arise with efforts 
to investigate and document rape. Many women are afraid to speak to 
investigators. There is embarrassment and great social stigma.
  And, in a case like Indonesia, where there are allegations that 
members of the armed forces may have been involved in the riots and 
rapes, there is a special need to assure that any victims who cooperate 
with the investigation receive protection.
  But given the ability of others--independent groups and the media--to 
compile significant and credible evidence of the rapes which appeared 
to have occurred during the May riots, it is unsettling, to say the 
least, to be faced with the prospect that the government may try to 
deny that the rapes occurred at all, let alone to bring to justice 
those responsible.
  Thus, the second Amendment which I have offered here today condemns 
in no uncertain terms the rapes and mistreatment of the ethnic Chinese 
community during the May riots.
  Moreover, it urges a full, fair, and complete investigation of the 
rape allegations and calls for those responsible to be brought to 
justice.
  It calls on the Government of Indonesia to assure that the human 
rights of the ethnic Chinese community--indeed of all Indonesians--
should be respected and protected; that the reparations the government 
has pledged to those who lost property in the May riots should be 
expedited, and that rape victims should receive just compensation as 
well, including medical care where still-needed.
  The Amendment also calls on the Administration to provide support and 
assistance to the Indonesian government and the independent human 
rights groups investigating these allegations, in the interest of 
assuring full, fair, and complete investigations.
  Lastly, it calls for the administration to provide Congress with a 
report evaluating the allegations surrounding these rapes, the actions 
taken by the Government of Indonesia, and the implications for U.S.-
Indonesian relations.
  Essentially what the resolution does is condemn these acts, calls on 
the administration to work with the Indonesian government committee 
investigating these acts in hopes that the investigation will be 
forthcoming and straightforward and will take adequate measures to 
bring to justice those responsible for these riots and these rapes.
  To those in Indonesia who may misinterpret my intent with this 
Amendment let me be clear: I do not offer this Amendment as an attack 
on the Government of Indonesia. Just the opposite. I offer it because I 
understand how difficult it can be to face up to misdeeds and take 
necessary and responsible action to rectify the situation, and I want 
the people of Indonesia to know that as they move forward and deal with 
this difficult issue that if they do the right thing their friends will 
be there to offer support and assistance.
  It is my belief that if Indonesia does not take adequate measures to 
bring to justice those responsible for the May riots and rapes, it may 
well set itself down a course in which political and economic reform, 
democratization, respect for human rights--in short, many of the 
measures which Indonesia so desperately needs to undertake to work 
itself out of the present crisis--become all but impossible. That would 
be a great tragedy for the people of Indonesia, and a great 
disappointment to those of us here in the Senate who consider ourselves 
friends of the Indonesian people.
  Mr. President, Indonesia is undergoing a dramatic transformation. The 
transition to a more pluralistic system will likely be lengthy and 
difficult. The United States has long sought to promote a more open and 
tolerant Indonesia. I believe that the United States must continue to 
work closely with Indonesia during this critical transition period, 
while acknowledging that only the Indonesian people can determine their 
future. It is my hope that the two amendments which I have offered 
today can contribute to this process.
  I thank the chairman of the committee, the distinguished Senator from 
Kentucky, for his support of these two amendments to the bill.
  Mr. McCONNELL addressed the Chair.
  The PRESIDING OFFICER. The Senator from Kentucky.
  Mr. McCONNELL. I commend my friend and colleague from California for 
these two amendments, and I am proud to be a principal cosponsor of 
them.
  I think the amendments both define the core problems which afflict 
Indonesia, as well as offer clear support for the organizations and 
initiatives which will return Indonesia to a path of economic growth as 
Jakarta launches on a new democratic political course.
  The road ahead for Indonesia will not be easy, but I am confident of 
two things--first, what happens in Jakarta is of enormous strategic 
importance to the United States. Second, we should take note that the 
political changes underway are a direct result of the efforts of the 
Indonesian people. As they suffer an acute economic crisis causing 
dislocation, devastation and pain, they have managed to drive and 
direct political transition which I am hopeful will lead to an elected 
and truly democratic government.
  This course has not been without its horror stories. Let me speak to 
one of the two amendments which focuses on the ethnic violence which 
exploded in the Spring. For decades, the Indonesian Chinese community 
has played an important role in generating the exceptional economic 
growth which improved the quality of life for a majority of 
Indonesians. Although only six million strong, most have deep roots 
reaching back many generations and consider Indonesia their home.
  Tragically, for many Indonesian Chinese their place in Indonesia's 
rich life came to a shocking and sudden end in the violence which 
erupted in May. Indonesian Chinese homes, shops, and businesses were 
clearly targeted, burned, looted and destroyed in the riots which broke 
out. While it was difficult for the police to restore stability any 
where, it seemed to many no effort was made to protect Indonesian 
Chinese communities and their citizens. Most shocking of all were 
allegations of rape and attacks on women and young girls. 
Unfortunately, there are even allegations that police officers and army 
troops may have engaged in these atrocities. Non-government 
organizations have estimated that more than 160 women and girls were 
victims of these awful crimes, many of them Indonesian Chinese.
  While this violence has a very human face and toll, a number of news 
accounts have called attention to the crippling economic impact of this 
ethnic violence. Not only did Indonesian Chinese withdraw their 
capital, Southeast Asian Chinese in Hong Kong, Taiwan and elsewhere 
have pulled out and are reluctant to return. One expert has estimated 
it will be at least five years before the community is confident enough 
to resume investment--a fact that contributes to Indonesia's already 
grave economic woes. And, who could blame them?
  This amendment condemns the violence against ethnic Indonesian 
Chinese, encourages prompt full action by the government and provides 
for U.S. support for the effort to investigate and bring to justice 
those responsible for these outrageous acts. As Indonesia proceeds on 
its path to build a democratic and free nation, it is essential that 
the rights of minorities are respected and protected. I believe the 
government must take steps to fully investigate the violence suffered 
by the Indonesian Chinese community over the past several months and 
clearly support efforts to rebuild homes, businesses and lives. I was 
encouraged by

[[Page S9744]]

President Habibe's decision to turn responsibility for the 
investigation over to the National Human Rights Commission which has 
pledged to conduct a prompt, complete investigation of all allegations 
of attacks and crimes.
  I welcomed the Commission Vice Chairman's response to suggestions 
that foreign media were generating false accounts of events. He said,

       These crimes are so serious they need no exaggeration and 
     we must not lose sight of that. We want to work carefully and 
     methodically and I can tell you that the evidence we are 
     obtaining so far is very strong, and, yes, it is apparent 
     there were gang rapes, and yes, some were very violent.

  The Vice Chairman has also confirmed that 20 victims of rape have 
since died, most by suicide and some within hours of the offenses.
  Since these preliminary positive signs, there was a report that the 
Commission was not able to reach any conclusions on the scale or 
pattern of attacks. I hope that Commission and our embassy will work 
hard to make sure all of the concerns raised by the Indonesian 
Chinese community are addressed before declaring their work done.

  Some observers seem to have an impression that this ethnic community 
is so wealthy they can and should leave Indonesia, but, that is simply 
not the case. As Jusef Wannadi, a prominent member of the community, 
noted, ``The majority of Indonesia Chinese--poor laborers, farmers, 
fishermen and small shop owners--have no option but to try to survive 
in Indonesia.''
  His sentiments were echoed by a father of three:

       The worst thing is that you can't really stay but there is 
     nowhere else to live. They tell me I am an Indonesian 
     national, yet I am starting to feel homeless as well as 
     stateless. Tell me, why should I have to leave my home?

  It is going to take a great deal of effort by a credible, elected 
government to heal these deep rifts dividing Indonesia which makes the 
process and prospects of political reform all the more urgent. The 
second amendment focuses on how the United States can expand and 
accelerate our support for this reconciliation and recovery. As I made 
clear in my opening statement, the Administration has been consistently 
behind the curve in supporting such an effort.
  Although AID's Administrator has pledged an expansion of food, 
medical and humanitarian relief very little has actually been made 
available, in part because the real needs are still a matter of guess 
work. Altough I have pressed since March, AID still hasn't conducted a 
nation-wide estimate of food shortages or other social safety net 
requirements. I am also disappointed by the slow pace of AID efforts to 
work and build upon Indonesia's vast Muslim community organizational 
networks. Two national organizations have clinics, schools, and 
community centers which already reach out to a majority of the 
population. Although they have expressed interest in working with AID, 
cooperation has been slow to materialize.
  AID must also expand support for political reforms. Media training 
and technical support, political party building and legal reforms are 
all urgently needed to secure the foundation for democratic 
institutions to constructively shape Indonesia's future. The bill, 
report and this amendment encourage improvements, and require a report 
on the conditions and status of our efforts in meeting national needs.
  The bill's commitment of $100 million along with these amendments 
sets a course for improving our relations and support for the important 
transition underway in a nation of criticial importance to the United 
States. Instability in Indonesia continues to be the undertow dragging 
down regional economic recovery. And, the Secretary of Defense has been 
very persuasive in making the case that a further decline into chaos in 
a country of more than 200 million people, a nation which staddles 
vital global shipping lanes, in a scenario he believes we should make 
every effort to prevent.
  Our support and Indonesian effort are the key to what lies ahead--to 
success--to building investor confidence--to recoverying capital which 
has fled--to protecting minorities--to restarting the engines of 
economic growth--to rebuilding American markets--to helping a key ally 
set a democratic course.
  Again, I commend the Senator from California for her interest and 
hard work to restore the vital partnership we share with Indonesia.
  As far as I know, Mr. President, there are no objections to these 
amendments on either side of the aisle, and I recommend that we proceed 
to passage.
  The PRESIDING OFFICER. Is there further debate on the amendments?
  If not, the question is on agreeing to the two amendments offered by 
the Senator from California. Without objection, they will be considered 
en bloc.
  The amendments (Nos. 3507 and 3508) were agreed to.
  Mr. McCONNELL. Mr. President, I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. McCONNELL. Mr. President, the Senator from Washington has an 
amendment which we have cleared on both sides of the aisle, and I would 
like to give him an opportunity to send that amendment to the desk at 
this time.
  Mr. GORTON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Washington is recognized.


                           Amendment No. 3509

 (Purpose: To express the sense of the Congress regarding IMF response 
                   to the economic crisis in Russia)

  Mr. GORTON. Mr. President, I have sent an amendment to the desk and I 
ask for its immediate consideration.
  The PRESIDING OFFICER. Without objection, the pending amendments are 
set aside. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Washington [Mr. Gorton] proposes an 
     amendment numbered 3509.

  Mr. GORTON. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in the bill, insert the following:

     SEC.     . SENSE OF CONGRESS REGARDING THE IMF RESPONSE TO 
                   THE ECONOMIC CRISIS IN RUSSIA.

       (a) Congress finds that--
       (1) Russia is currently facing a severe economic crisis 
     that threatens President Boris Yeltsin's ability to maintain 
     power;
       (2) the Russian Communist Party may well soon be a part of 
     the government of the Russian Republic and may be given real 
     influence over Russian economic policies;
       (3) the International Monetary Fund has continued to 
     provide funding to Russia despite Russia's refusal to 
     implement reforms tied to the funding;
       (4) the Russian economic crisis follows a similar crisis in 
     Asia;
       (5) the International Monetary Fund imposed strict 
     requirements on Republic of Korea and other democratic and 
     free market nations in Asia;
       (6) the International Monetary Fund has not imposed the 
     same requirements on Russia; and
       (7) Russia has not made the same commitment to free market 
     economic principles as Republic of Korea and other Asian 
     nations receiving assistance from the International Monetary 
     Fund.
       (b) It is the sense of Congress that the International 
     Monetary Fund should not provide funding to a Russian 
     government whose economic policies are significantly affected 
     by the Russian Communist Party, or under significantly less 
     free market conditions than those imposed on the Republic of 
     Korea and other democratic, free market nations in Southeast 
     Asia.

  Mr. GORTON. Mr. President, at an earlier date, on the bill similar to 
this relating to foreign policy, I discussed some of the policies of 
the International Monetary Fund in that connection with respect to 
Indonesia while Indonesia was still ruled by the Suhartos. That 
amendment, or a modification of that amendment, was included in the 
original passage of the International Monetary Fund refurbishment and, 
in fact, is included in this bill, although it is close to irrelevant 
now that the Government of Indonesia is in different hands and in 
considerable need of aid, as was indicated by some of the debate on the 
previous amendment.
  This amendment deals with my deep concern, a concern I believe widely 
shared, with respect to the way in which the International Monetary 
Fund is handling the problems in Russia. The amendment--a sense of the 
Senate directed at the International Monetary Fund--makes two points in 
that connection. The first cautions the International Monetary Fund 
against funding any Russian Government in which the Communist Party of 
Russia plays a significant role with respect to economic policy. We 
know that the

[[Page S9745]]

Russian Government is in chaos at the present time after the firing of 
one Prime Minister by President Yeltsin and the substitution for him, 
at least at the behest of the President, of Mr. Chernomyrdin, a 
previous Prime Minister of Russia. His nomination was just rejected 
yesterday by the Russian Duma. We don't know where it will go. What we 
do know is that the Government of Russia was very close to an agreement 
with the Russian Communist Party, under which the Communist Party would 
play a major role in the Government and a major role in its economic 
policies, that major role being to reverse free market reforms and 
return to state control of the economy. It would be foolishness 
exemplified, were we to fund such a change in the Russian Government 
through the International Monetary Fund, and this amendment cautions 
against it.

  It also deals with another subject, the subject of all of the 
billions of dollars that the International Monetary Fund has granted to 
Russia already on condition that it move more decisively toward a free 
market economy. While the International Monetary Fund has dealt very 
firmly with respect to free market conditions in dealing with the 
crisis in Southeast Asia--with the Republic of Korea, with Thailand, 
with Malaysia, with Indonesia and the like--it has consistently 
operated with a double standard with respect to Russia. The double 
standard has not only wasted money, the double standard has created 
justified unhappiness, justified bitterness in the Southeast Asian 
countries that see the International Monetary Fund imposing a double 
standard: One very tough standard on them and far more lax standards 
or, rather, standards that are consistently ignored with respect to 
Russia.
  So this amendment, the sense-of-the-Senate amendment, also calls for 
a single standard with respect to International Monetary Fund funding 
of Russia, even in a noncommunist government, and the similarly 
situated countries in Southeast Asia. As the chairman of the 
subcommittee said, I think this represents a broadly held point of 
view. I am not sure that it should not be a part of the bill as a 
mandate on the way in which we deal with the International Monetary 
Fund, but because I cannot see the future, it is merely a sense of the 
Senate at this point.
  I ask unanimous consent to have printed in the Record an article 
about this double standard called ``The IMF's $22.6 billion failure in 
Russia,'' from the Heritage Foundation.
  There being no objection, the article was ordered to be printed in 
the Record, as follows:

  [From the Heritage Foundation Executive Memorandum, August 24, 1998]

               The IMF's $22.6 Billion Failure in Russia

             (By Ariel Cohen, Ph.D., and Brett D. Schaefer)

       On August 17, just three days after President Boris Yeltin 
     unequivocally stated that the ruble would not be devalued, 
     Russia's Prime Minister announced that the government would 
     allow the ruble to be devalued by 34 percent by the end of 
     this year. He also declared a 90-day foreign debt moratorium. 
     It is now painfully clear that the $22.6 billion bailout 
     package orchestrated by the International Monetary Fund (IMF) 
     has not rescued Russia.
       Commenting on the Russian devaluation and debt moratorium 
     on August 17, Michel Camdessus, the Fund's Managing Director, 
     concluded that ``Implementation of [Russia's economic] 
     program has been satisfactory.'' Camdessus, however, never 
     explains how something as disastrous as a currency 
     devaluation of this scope can be deemed ``satisfactory.'' 
     Even he admits that, despite the IMF bailout, ``confidence in 
     financial markets has not been reestablished and as a result 
     Russia has continued to lose reserves, and asset prices have 
     fallen sharply.'' If this is ``satisfactory,'' Camdessus must 
     have a very high tolerance for failure.
       What was the purpose of the July IMF bailout of Russia, and 
     who is responsible for its failure?


                     the purpose of the imf bailout

       On July 20, the IMF Executive Board approved its portion 
     ($11.2 billion) of a $22.6 billion international bailout. 
     This emergency package was intended to help Russia maintain 
     the value of the ruble while the government implemented 
     reforms necessary to create long-term stability. IMF First 
     Deputy Managing Director Stanley Fischer outlined this 
     strategy on July 13:
       The underlying problem [in Russia] is the budget and the 
     financing needs. So if you devalue, you sort of relieve the 
     pressure on the markets for a while, causing difficulties, 
     but unless you got the budget in shape, and the devaluation 
     wasn't going to do anything for the budget, you would be back 
     in this situation.
       Indeed, the IMF plan specifically stated that ``exchange 
     rate policy should remain broadly unchanged during the 
     remainder of 1998.'' After only four weeks, however, it is 
     clear that the massive bailout failed in both of its 
     missions: The ruble was devalued, and reforms are not likely 
     to be implemented.
       On August 17, Prime Minister Sergei Kiriyenko announced 
     that the government would allow the ruble to fall from the 
     former official rate of 6.3 to the U.S. dollar to 9.5 to the 
     dollar. This devaluation and a 90-day foreign debt moratorium 
     amount to an expensive policy debacle for Russia. The 
     devaluation will make it much more expensive to repay foreign 
     currency-denominated debt. The moratorium has frightened 
     already leery investors and likely will dampen foreign 
     investment for years to come.
       The Russian Duma, moreover, is not likely to adopt the bulk 
     of the IMF-sanctioned reform agenda. In fact, the Duma's 
     communist majority already is urging the Russian government 
     to backpedal on budgetary cuts, increase domestic spending 
     instead of paying foreign debt, or nationalize the dollar-
     denominated debt of Russian banks.


                          who is responsible?

       Both Russia and the IMF are responsible for the Russian 
     debacle. Russia's fault lies in the government's chronic 
     refusal to reform. The Russian government has been aware of 
     the problems in its economy and what is needed to fix them 
     for at least five years. Because of mismanagement, inertia, 
     and outright corruption, such vital changes as trimming the 
     budget, overhauling the tax code and tax collection, land 
     reform, and otherwise providing conditions to step capital 
     flight and attract foreign investment have not been 
     implemented.
       The fault of the IMF lies in its willingness to provide 
     successive bailouts regardless of whether they achieve the 
     desired results. When asked at a July 13 press conference 
     whether the IMF would refrain from new lending because of 
     reduced liquidity, IMF Treasurer David Williams responded, 
     ``[W]e never say no.''
       Russia is a prime example of how this can lead to 
     disastrous results. Since 1992 (and before the most recent 
     $22.6 billion bailout), the IMF lent Russia over $18 billion. 
     With each loan, the IMF required Russia to adopt economic 
     reforms. Even though Moscow rarely fulfilled its promises, 
     the IMF continued to disperse tranche after tranche. In other 
     words, the cheap credits allowed Russia to delay reforms, 
     while the IMF rewarded Moscow for not reforming.
       This pattern is being repeated in the current bailout. 
     Despite the devaluation of the ruble and the Duma's refusal 
     to pass the majority of IMF-mandated reforms, Michel 
     Camdessus' August 17 statement merely remarked that 
     [Russia's] measures and their potential impact will 
     immediately be analyzed by the staff and management of the 
     IMF . . . I hope that the government's economic program will 
     continue to be implemented in full, so that the economic and 
     financial situation will improve and the IMF can be in a 
     position to disburse the second tranche . . .


                               conclusion

       Russia is now in an economic morass. The achievements of 
     the Yeltsin administration--a stable currency and low 
     inflation--have gone down the drain. The political cost to 
     the Yeltsin government will be tremendous, as millions of 
     workers and pensioners have not been paid for months and the 
     price inflation will escalate. Before August 17, Russia had 
     asked whether the international community were prepared to 
     provide some additional financial support beyond the $22.6 
     billion finalized on July 20. Thus far, the G-7 leading 
     industrial countries have prudently declined.
       Both the IMF and Russia share the blame for the country's 
     current crisis. Despite ample advice on how to shore up its 
     economy, Russia has refused to implement the changes 
     necessary to resolve the current crisis and create long-term 
     economic health. The IMF has consistently permitted Russia to 
     borrow despite Russia's refusal to reform its economy.
       Congress should send a message to Russia that the United 
     States will no longer send good money after bad. It can do so 
     by refusing to approve additional funding for the IMF. An 
     organization that cannot say ``no'' should not be given 
     additional money to waste.

  Mr. GORTON. With that, Mr. President, and with a view that I believe 
this amendment is agreed to, I yield the floor.
  THE PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendment.
  The amendment (No. 3509) was agreed to.
  Mr. GORTON. Mr. President, I move to reconsider the vote.
  Mr. McCONNELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


               Amendments Nos. 3510 Through 3518, En Bloc

  Mr. McCONNELL. Mr. President, there are eight amendments. My friend 
from Vermont is in the vicinity. There are eight amendments that he and 
I have cleared, two amendments by Senator Ashcroft on the Congo and 
Palestinian Broadcast Corporation, a Lott

[[Page S9746]]

amendment on the Iraqi opposition, a Wellstone amendment on 
international sex trafficking, a Leahy amendment on information 
disclosure, a Dodd amendment on reporting requirements, a Kennedy 
amendment on Pan Am 103, and a Feingold amendment on Nigeria. I send 
those amendments to the desk and ask they be considered en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. I would add one more amendment to this group, an 
amendment by Senator Feinstein, added to this group currently being 
considered at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes 
     amendments numbers 3510 through 3518, en bloc.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that reading of 
the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 3510 through 3518), en bloc, are as follows:


                           amendment no. 3510

       On page 109, strike lines 15-23, and insert in lieu thereof 
     the following:

     SEC.   . PROHIBITION ON ASSISTANCE TO THE DEMOCRATIC REPUBLIC 
                   OF CONGO.

       None of the funds appropriated or otherwise made available 
     by this Act may be provided to the central Government of the 
     Democratic Republic of Congo until such time as the President 
     reports in writing to the Speaker of the House of 
     Representatives, the Majority Leader of the Senate, the 
     International Relations Committee of the House, the Foreign 
     Relations Committee of the Senate, the Appropriations 
     Committee of the Senate, and the Appropriations Committee of 
     the House that the central Government of the Democratic 
     Republic of Congo is--
       (1) investigating and prosecuting those responsible for 
     civilian massacres, serious human rights violations, or other 
     atrocities committed in the Congo; and
       (2) implementing a credible democratic transition program, 
     which includes
       (A) the establishment of an independent electoral 
     commission;
       (B) the release of individuals detained or imprisoned for 
     their political views;
       (C) the maintenance of a conducive environment for the free 
     exchange of political views, including the freedoms of 
     association, speech, and press; and
       (D) the conduct of free and fair national elections for 
     both the legislative and executive branches of government.

     Notwithstanding the aforementioned restrictions, the 
     President may provide electoral assistance to the central 
     Government of the Democratic Republic of Congo for any fiscal 
     year if the President certifies to the International 
     Relations Committee of the House, the Foreign Relations 
     Committee of the Senate, the Appropriations Committee of the 
     Senate, and the Appropriations Committee of the House that 
     the central Government of the Democratic Republic of Congo 
     has taken steps to ensure that conditions in subsection 2 
     (A), (B), and (C) have been met.

  Mr. FEINGOLD. Mr. President, I would like to explain an amendment 
related to U.S. development assistance to the Democratic Republic of 
the Congo (DROC) that the managers of this bill have agreed to accept. 
As the ranking Democrat on the Subcommittee on Africa, I am pleased to 
have been joined in this effort with the Chairman of that Subcommittee, 
my colleague from Missouri [Mr. Ashcroft] as well as the junior Senator 
from North Carolina [Mr. Faircloth].
  This amendment revises Section 574 of the foreign operations 
appropriations bill for fiscal year 1999 to define restrictions on aid 
to DROC. It mandates that no aid may be granted to the Democratic 
Republic of the Congo until the President certifies that the DROC 
government is investigating and prosecuting those responsible for human 
rights violations or atrocities and is taking specific steps to 
implement a credible democratic transition program.
  When I originally began thinking about an amendment of this nature, I 
was concerned about the inability of the DROC government to follow up 
on what were really gross abuses of human rights committed during the 
takeover of the former Zaire by the rebel movement that became known as 
the Alliance of Democratic Forces for the Liberation of Congo (AFDL). 
During the takeover, which took place from late 1996 through the Spring 
of 1997, thousands of civilians, mostly Hutu refugees, were slaughtered 
reportedly by rebel troops, some of them possibly Rwandan or under 
Rwandan command. The facts have never been clear on these massacres, 
but credible information from human rights groups clearly indicate that 
massacres were carried out throughout the country--in Mbandaka, in the 
west; in Kisangani, in the middle of the country, and in the Kivu 
region in the east--leading even a casual observer to surmise it was a 
well planned military operation.
  In July 1997, U.N. Secretary General Kofi Annan named an 
investigative team to investigate gross violations of human rights and 
international humanitarian law in Congo since March 1993. Not only was 
the team mandated to look into the general question of the massacres 
themselves, but also to establish responsibility for the massacres.
  Unfortunately, the government of Laurent Kabila continually 
obstructed the work of the U.N. team--imposing various conditions, 
delaying meetings, harassing potential witnesses, refusing permission 
to deploy to certain sites, and apparently organizing demonstrations 
against the U.N. teams, to name a few. Eventually, in April 1998, Mr. 
Annan felt compelled to withdraw his teams since it became impossible 
for the team to conduct its work.

  Nevertheless, it remains important that these atrocities be fully 
investigated and that those responsible be brought to justice. Our 
amendment calls for the investigation and prosecution of these abuses. 
This could mean that the government conduct its own transparent and 
credible investigation. It could mean that the DROC government 
cooperates with a future UN mission, if the UN decides to launch a new 
commission of inquiry. Or it could mean that the government cooperates 
fully with an appropriate judicial body, possibly an international 
tribunal, which would be charged with investigating the massacres. We 
have left the desired method intentionally vague so that all options 
might be considered.
  The amendment also calls for the implementation of a credible 
democratic transition program, which includes the establishment of an 
independent electrical commission, the release of individuals detained 
or imprisoned for their political views, the establishment of an 
environment conducive to the free exchange of political views, and free 
and fair elections.
  The discussion of both the investigation of past abuses and of the 
implementation of political reform may seem academic at a moment when 
we are watching Congo disintegrate into civil war for the second time 
in less than two years. A slightly different rebel movement is trying 
to recreate the ``success'' of the AFDL in 1996 by taking control of 
large portions of Eastern and Central Congo. However, the latest events 
only underscore the critical need for U.S. policy to focus on the 
protection of human rights, an end to impunity for gross abuses, and 
democratization in DROC. It has been precisely the lack of attention to 
these issues that fueled the conflicts throughout central Africa, and 
which now threaten the entire region.
  Mr. President, let me take this opportunity to say unequivocally that 
I condemn actions by all the governments and other movements in the 
region to become involved in violent conflict in DROC. I am sorely 
disappointed that despite repeated efforts to discourage them, the 
governments of both Rwanda and Uganda sought early on to support the 
rebel movement. Now, the involvement of Zimbabwe, Angola and Namibia on 
the other side is no less constructive. In fact, we are now seeing an 
almost total regionalization of this conflict that risks bringing more 
and more African countries into it.
  Clearly, this is no way to further the African ``renaissance'' that 
we had reason to believe was underway.
  I hope the parties will quickly move to declare a cease-fire, and to 
try to negotiate an end to this terrible situation.
  In the meantime, I thank the managers for the consideration of this 
amendment.


                           amendment no. 3511

   (Purpose: To prohibit assistance to the Palestinian Broadcasting 
                              Corporation)

       At the appropriate place in the bill, insert the following:

     SEC.   . PROHIBITION ON ASSISTANCE TO THE PALESTINIAN 
                   BROADCASTING CORPORATION.

       None of the funds appropriated or otherwise made available 
     by this Act may be used

[[Page S9747]]

     to provide equipment, technical support, training, consulting 
     services, or any other form of assistance to the Palestinian 
     Broadcasting Corporation or any similar organization.

  Mr. McCONNELL. Mr. President, I ask unanimous consent a letter to 
Secretary Albright on the Palestinian Broadcasting Corporation 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, May 19, 1998.
     Hon. Madeleine K. Albright,
     Secretary of State, Department of State,
     Washington, DC.
       Dear Secretary Albright: We are writing to bring to your 
     attention the very troubling issue of the United States 
     assisting foreign entities which promote an agenda hostile to 
     the interests of our country. We cite the example of the 
     Palestinian Broadcasting Corporation (PBC), which has been 
     benefitting from U.S. assistance while engaging in a campaign 
     in support of violence and hatred against the United States, 
     our ally Israel, and the goal of peace in the Middle East.
       As you well known, U.S. foreign assistance programs are 
     designed to promote democratic ideals and respect for human 
     rights. U.S. agencies which have distributed U.S. assistance, 
     however, have failed at times to determine beforehand if the 
     organizations they are funding promote these basic ideals. In 
     the specific case of the PBC, it is apparent that neither 
     USAID, which has provided hundreds of thousands of dollars 
     via interagency agreements to engage in programs with the PBC 
     and other media outlets, nor USIA/USIS Jerusalem, which has 
     been the recipient of much of the funding, has assessed the 
     value of these programs for U.S. interests in the Middle 
     East.
       Despite its awareness of the PBC's activities and the 
     resulting harm to U.S. interests, USIA committed the U.S. to 
     pay for two TVRO satellite dishes for the PBC's use in 
     exchange for their commitment to use seven hours of Worldnet 
     broadcasting a week. Although we commend efforts to further 
     the reach of Worldnet, we are concerned that the PBC's letter 
     of acceptance for the equipment does not stipulate which 
     programming will be shown and during what time periods. In 
     essennce, we provided the PBC with equipment that could be 
     used to import broadcasts from Iraq, Iran, Libya and other 
     nations hostile to the United States in exchange for a 
     commitment to show a sporting event at 3:00 a.m.
       It is our belief that the U.S. should support a free and 
     independent media around the world. As USIA/USIS has 
     recognized, however, the PBC is the official broadcasting arm 
     of the Palestinian Authority, which is engaged in a campaign 
     to restrict a free press and promote violent progaganda. The 
     PBC consistently broadcasts programming that attempts to 
     undermine all the United States seeks to achieve in the 
     Middle East.
       Madame Secretary, we ask you to formulate a clear U.S. 
     policy to terminate U.S. taxpayer support for the PBC, while 
     encouraging programs that promote genuine press freedoms by 
     supporting independent journalists. We will be working in the 
     Senate to implement such a policy and feel that a unified 
     response on this important issue is warranted.
       We thank you for your consideration of this issue and look 
     forward to working with you to advance U.S. interests in the 
     Middle East more effectively.
           Sincerely,
       Representative Michael P. Forbes, Representative Jon D. 
     Fox, Representative Jim Saxton, Representative Vince 
     Snowbarger, Representative John Shimkus, Representative Kay 
     Granger, Representative Tom A. Coburn, Representative Todd 
     Tiahrt, Representative Tom DeLay, Representative Frank R. 
     Wolf, Representative Bob Franks, Representative Frank A. 
     LoBiondo, Representative Dave Weldon, Representative Steve 
     Chabot, Representative Michael Pappas, Representative Richard 
     W. Pombo, Representative Kevin Brady.
       Representative Brad Sherman, Representative Pete Sessions, 
     Representative J.C. Watts, Jr., Representative Sue W. Kelly, 
     Representative Bob Barr, Representative Ken Calvert, 
     Representative Robert B. Aderholt, Representative Charles E. 
     Schumer, Representative Martin Frost, Representative Michael 
     R. McNulty, Representative Henry Hyde, Representative Charles 
     T. Canady, Representative Roy Blunt, Representative Asa 
     Hutchinson, Representative Phil English, Representative 
     Richard K. Armey.
       Senator John Ashcroft, Senator Arlen Specter, Senator Ben 
     Nighthorse Campbell, Senator Jesse Helms, Senator Don 
     Nickles, Senator Dan Coats, Senator Thad Cochran, Senator 
     Ernest F. Hollings, Senator Wayne Allard, Senator James M. 
     Inhofe, Senator Jeff Sessions, Senator Jon Kyl, Senator 
     Alfonse M. D'Amato, Senator Sam Brownback, Senator Charles E. 
     Grassley, Senator Dirk Kempthorne, Senator Olympia J. Snowe.
       Senator Christopher S. Bond, Senator Susan M. Collins, 
     Senator Mike DeWine, Senator Bob Smith, Senator Ron Wyden, 
     Senator Harry Reid, Senator Larry E. Craig, Representative 
     Jerry Weller, Representative Ileana Ros-Lehtinen, 
     Representative Dan Burton, Senator Tim Hutchinson, Senator 
     Paul Coverdell.


                           amendment no. 3512

         (Purpose: To support the Iraqi democratic opposition)

       At the appropriate place in the bill insert the following:
       ``Notwithstanding any other provision of law, of the 
     amounts made available under Title II of this Act, not less 
     than $10,000,000 shall be made available only for assistance 
     to the Iraqi democratic opposition for such activities as 
     organization, training, communication and dissemination of 
     information, and developing and implementing agreements among 
     opposition groups; Provided, that any agreement reached 
     regarding the obligation of funds under the previous proviso 
     shall include provisions to ensure appropriate monitoring on 
     the use of such funds; Provided further that of this amount 
     not less than $3,000,000 shall be made available as a grant 
     to Iraqi National Congress, to be administered by its 
     Executive Committee for the benefit of all constituent groups 
     of the Iraqi National Congress; provided further that of the 
     amounts previously appropriated under section 10008 of Public 
     Law 105-174 not less than $2,000,000 shall be made available 
     as a grant to INDICT, the International Campaign to Indict 
     Iraqi War Criminals, for the purpose of compiling information 
     to support the indictment of Iraqi officials for war crimes; 
     Provided further that of the amounts made available under 
     this section, not less than $1,000,000 shall be made 
     available as a grant to INDICT, the International Campaign to 
     Indict Iraqi War Criminals, for the purpose of compiling 
     information to support the indictment of Iraqi officials for 
     war crimes; Provided further that of the amounts made 
     available under this section, not less than $3,000,000 shall 
     be made available only for the conduct of activities by the 
     Iraqi democratic opposition inside Iraq; Provided further 
     that within 30 days of enactment of this Act the Secretary of 
     State shall submit a detailed report to the appropriate 
     committees of Congress on implementation of this section.''


                           amendment no. 3513

      (Purpose: Relating to the trafficking in women and children)

       At the appropriate place in the bill, insert the following:

     SEC.  . TRAFFICKING IN WOMEN AND CHILDREN.

       The Secretary of State, in consultation with the Attorney 
     General and appropriate nongovernmental organizations, 
     shall--
       (1) develop curricula and conduct training for United 
     States consular officers on the prevalence and risks of 
     trafficking in women and children, and the rights of victims 
     of such trafficking; and
       (2) develop and disseminate to aliens seeking to obtain 
     visas written materials describing the potential risks of 
     trafficking, including--
       (A) information as to the rights of victims in the United 
     States of trafficking in women and children, including legal 
     and civil rights in labor, marriage, and for crime victims 
     under the Violence Against Women Act; and
       (B) the names of support and advocacy organizations in the 
     United States.


                           AMENDMENT NO. 3514

(Purpose: To express the sense of Congress that information relevant to 
the December 2, 1980 assault and murder of four American churchwomen in 
 El Salvador should be made public to the fullest extent possible and 
 that circumstances under which any individuals involved in either the 
murders or the cover-up of the murders obtained residence in the United 
              States be reviewed by the Attorney General)

       At the appropriate place in the bill, insert the following:
       Sec. ____. (a) Findings.--Congress makes the following 
     findings:
       (1) The December 2, 1980 brutal assault and murder of four 
     American churchwomen by members of the Salvadoran National 
     Guard was covered up and never fully investigated;
       (2) On July 22 and July 23, 1998, Salvadoran authorities 
     granted three of the National Guardsmen convicted of the 
     crimes early release from prison;
       (3) The United Nations Truth Commission for El Salvador 
     determined in 1993 that there was sufficient evidence that 
     the Guardsmen were acting on orders from their superiors;
       (4) In March 1998, four of the convicted Guardsmen 
     confessed that they acted after receiving orders from their 
     superiors;
       (5) Recently declassified documents from the State 
     Department show that United States Government officials were 
     aware of information suggesting the involvement of superior 
     officers in the murders;
       (6) United States officials granted permanent residence to 
     a former Salvadoran military official involved in the cover-
     up of the murders, enabling him to remain in Florida; and
       (7) Despite the fact that the murders occurred over 17 
     years ago, the families of the four victims continue to seek 
     the disclosure of information relevant to the murders.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) information relevant to the murders should be made 
     public to the fullest extent possible;
       (2) the Secretary of State and the Department of State are 
     to be commended for fully releasing information regarding the 
     murders to the victims' families and to the American public, 
     in prompt response to Congressional requests;
       (3) the President should order all other Federal agencies 
     and departments that possess relevant information to make 
     every effort to declassify and release to the victims'

[[Page S9748]]

     families relevant information as expeditiously as possible;
       (4) in making determinations concerning the 
     declassification and release of relevant information, the 
     Federal agencies and department should presume in favor of 
     releasing, rather than of withholding, such information; and
       (5) the President should direct the Attorney General to 
     review the circumstances under which individuals involved in 
     either the murders or the cover-up of the murders obtained 
     residence in the United States, and the Attorney General 
     should submit a report to the Congress on the results of such 
     review not later than January 1, 1999.

  Mr. LEAHY. Mr. President, this amendment expresses the sense of 
Congress that information relevant to the murders of four American 
churchwomen in El Salvador be made public to the fullest extent 
possible. My understanding is that it is acceptable to both sides.
  It was 18 years ago, but the 1980 brutal murders of four American 
churchwomen by members of the Salvadoran National Guard is seared in 
our memory. Since that time the victims' families have sought answers 
to questions about the nuns' untimely deaths. Some have been answered, 
many have not. It is unfortunate that after so many years, it is still 
necessary to offer an amendment to urge the administration to release 
any information that would shed light on what happened in this case. It 
should have been done years ago.
  To its credit, the State Department did promptly respond to 
Congressional requests and fully release information about these 
horrific crimes. Other agencies have not. Far too often in this case 
and others like it, the response to requests for information has come 
grudgingly, and then only in the form of heavily redacted documents 
with a few lines of practically meaningless text.
  I appreciate the need to protect intelligence sources and methods, 
but these American citizens were murdered almost two decades ago.
  For years there have been allegations and evidence to indicate that 
the National Guardsmen convicted of these crimes acted after receiving 
orders from their superiors.
  In March 1998, after 14 years of silence, four of the convicted men 
confessed that this was the case. Recently, it has become known that 
even though U.S. officials had reason to believe these crimes were 
ordered and covered up by higher authorities, at least one of those 
Salvadoran officers was granted permanent residence and is reportedly 
living in Florida.
  In addition to calling for the release of information, this amendment 
also directs the Attorney General to review the circumstances under 
which individuals connected with these crimes obtained residence in the 
United States. It is a tragic irony that with so many people 
legitimately seeking asylum upon our shores, we may have opened our 
doors to individuals who belong behind bars.


                           amendment no. 3515

    (Purpose: To require a consolidated report on all U.S. military 
            training provided to foreign military personnel)

       At the appropriate place in the bill add the following new 
     section:
       Sec.   . (a) The Secretary of Defense and the Secretary of 
     State shall jointly provide to the Congress by January 31, 
     1999, a report on all overseas military training provided to 
     foreign military personnel under programs administered by the 
     Department of Defense and the Department of State during 
     fiscal years 1998 and 1999, including those proposed for 
     fiscal year 1999. This report shall include, for each such 
     military training activity, the foreign policy justification 
     and purpose for the training activity, the cost of the 
     training activity, the number of foreign students trained and 
     their units of operation, and the location of the training. 
     In addition, this report shall also include, with respect to 
     United States personnel, the operational benefits to United 
     States forces derived from each such training activity and 
     the United States military units involved in each such 
     training activity. This report may include a classified annex 
     if deemed necessary and appropriate.
       (b) For purposes of this section a report to Congress shall 
     be deemed to mean a report to the Appropriations and Foreign 
     Relations Committees of the Senate and the Appropriations and 
     International Relations Committees of the House.

  Mr. DODD. Mr. President, as we consider the Foreign Operations 
Appropriations bill today, many of my colleagues may think that by 
reviewing the provisions of the bill with respect to funding for 
International Military Education and Training (IMET) they will have a 
full picture of the total U.S. spending for the training of foreign 
military personnel that is proposed for fiscal year 1999. Based on that 
review, they might conclude that the Administration will spend 
approximately $50 million for training of military personnel from some 
113 countries, or roughly the same as has been spent on IMET during the 
current fiscal year. However, that conclusion would not be accurate.
  While it is true that the Congress gets a very detailed accounting of 
the nature and level of IMET spending annually, a recent series of 
articles that appeared in the Washington Post revealed that a great 
deal more training of foreign military personnel was ongoing totally 
outside the framework of IMET programs.
  The fact of the matter is that training of foreign military personnel 
is now being undertaken using funds from a variety of other accounts 
under the control of the State Department or the Defense Department. 
Some of these accounts have no reporting requirements associated with 
them and therefore little or no Congressional oversight is possible.
  What is even more significant, is that more foreign military 
personnel may be being trained outside of the traditional framework of 
IMET programs than is within such programs. I do know for example that 
during Fiscal Year 1997 IMET funds were used to train approximately 192 
Mexican Military Personnel--a modest number. During that same time 
period, so called Section 1004 authorized funds, paid for out of the 
Fiscal 1997 Defense Appropriations Act, were used to train some 829 
Mexican military personnel--roughly four times as many individuals as 
were trained under the auspices of IMET.
  Mr. President, I am one who believes that United States National 
interests can be served by U.S. training foreign military personnel on 
the appropriate roles for national militaries in civil society. 
However, I also believe that certain kinds of training are 
inappropriate for military institutions that may have poor track 
records with respect to respecting the human rights of their own 
citizens. It is imperative that the Department of Defense and State 
work closely together to ensure that the United States is conveying a 
consistent message with respect to United States policy as it 
undertakes various programs with foreign military leaders. I do not 
believe that currently enough consultation takes place in this regard.
  At the moment, there is no single office or report that one can turn 
to obtain a comprehensive overview of the training that is ongoing 
abroad. It is for that reason that I have offered the pending 
amendment, which requires a detailed report on this issue. The 
amendment requires the Secretary of Defense and the Secretary of State 
to jointly provide to the Congress by January 31, 1999, a report on all 
overseas military training of foreign military personnel under programs 
administered by the Department of Defense and the Department of State 
during fiscal years 1998 and 1999, including those proposed for fiscal 
year 1999.
  Specifically, the report would include the following for each such 
military training activity: a foreign policy justification and purpose 
for the activity; location and cost; the number of foreign students 
trained and their units of operation. The report would also identify 
the United States military units involved in the activities and an 
explanation of the benefits to United States personnel derived from 
each such training activity. If deemed necessary and appropriate, the 
report may include a classified annex.
  If Congress is going to be able to carry out responsible oversight to 
taxpayer funded programs, such a report is vital. I also believe that 
such a report will be beneficial to Executive Branch officials and 
civilian government authorities in the countries where training is 
ongoing.
  It is my understanding that the Administration has no opposition to 
this amendment. I urge its adoption.


                           AMENDMENT NO. 3516

    (Purpose: To express the sense of Congress on the trial in the 
 Netherlands of the suspects indicted in the bombing of Pan Am Flight 
                                  103)

       At the appropriate place in the bill, insert the following:

[[Page S9749]]

     SEC. ____. SENSE OF CONGRESS REGARDING THE TRIAL IN THE 
                   NETHERLANDS OF THE SUSPECTS INDICTED IN THE 
                   BOMBING OF PAN AM FLIGHT 103.

       (a) Findings.--Congress makes the following findings:
       (1) On December 21, 1988, 270 people, including 189 United 
     States citizens, were killed in a terrorist bombing on Pan Am 
     Flight 103 over Lockerbie, Scotland.
       (2) Britain and the United States indicted 2 Libyan 
     intelligence agents--Abdel Basset Al-Megrahi and Lamen 
     Khalifa Fhimah--in 1991 and sought their extradition from 
     Libya to the United States or the United Kingdom to stand 
     trial for this heinous terrorist act.
       (3) The United Nations Security Council called for the 
     extradition of the suspects in Security Council Resolution 
     731 and imposed sanctions on Libya in Security Council 
     Resolutions 748 and 883 because Libyan leader, Colonel 
     Muammar Qadaffi, refused to transfer the suspects to either 
     the United States or the United Kingdom to stand trial.
       (4) The sanctions in Security Council Resolutions 748 and 
     883 include a worldwide ban on Libya's national airline, a 
     ban on flights into and out of Libya by other nations' 
     airlines, a prohibition on supplying arms, airplane parts, 
     and certain oil equipment to Libya, and a freeze on Libyan 
     government funds in other countries.
       (5) Colonel Qaddafi has continually refused to extradite 
     the suspects to either the United States or the United 
     Kingdom and has insisted that he will only transfer the 
     suspects to a third and neutral country to stand trial.
       (6) On August 24, 1998, the United States and the United 
     Kingdom proposed that Colonel Qadaffi transfer the suspects 
     to the Netherlands, where they would stand trial before a 
     Scottish court, under Scottish law, and with a panel of 
     Scottish judges.
       (7) The United States-United Kingdom proposal is consistent 
     with those previously endorsed by the Organization of African 
     Unity, the League of Arab States, the Non-Aligned Movement, 
     and the Islamic Conference.
       (8) The United Nations Security Council endorsed the United 
     States-United Kingdom proposal on August 27, 1998, in United 
     Nations Security Council Resolution 1192.
       (9) The United States Government has stated that this 
     proposal is nonnegotiable and has called on Colonel Qadaffi 
     to respond promptly, positively, and unequivocally to this 
     proposal by ensuring the timely appearance of the two accused 
     individuals in the Netherlands for trial before the Scottish 
     court.
       (10) The United States Government has called on Libya to 
     ensure the production of evidence, including the presence of 
     witnesses before the court, and to comply fully with all the 
     requirements of the United Nations Security Council 
     resolutions.
       (11) Secretary of State Albright has said that the United 
     States will urge a multilateral oil embargo against Libya in 
     the United Nations Security Council if Colonel Muammar 
     Qadaffi does not transfer the suspects to the Netherlands to 
     stand trial.
       (12) The United Nations Security Council will convene on 
     October 30, 1998, to review sanctions imposed on Libya.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Colonel Qadaffi should promptly transfer the indicted 
     suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to 
     the Netherlands to stand trial before the Scottish court;
       (2) the United States Government should remain firm in its 
     commitment not to negotiate with Colonel Qadaffi on any of 
     the details of the proposal approved by the United Nations in 
     United Nations Security Council Resolution 1192; and
       (3) if Colonel Qadaffi does not transfer the indicted 
     suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to 
     the Netherlands by October 29, 1998, the United States 
     Permanent Representative to the United Nations should--
       (A) introduce a resolution in the United Nations Security 
     Council to impose a multilateral oil embargo against Libya;
       (B) actively promote adoption of the resolution by the 
     United Nations Security Council; and
       (C) assure that a vote will occur in the United Nations 
     Security Council on such a resolution.

  Mr. LAUTENBERG. Mr. President, today, Senator Kennedy and I join 
together, as we have in the past, in a ceaseless effort to provide some 
degree of justice for the families of the victims of the terrorist 
attack on Pan Am 103. This flight was brought down over Lockerbie, 
Scotland on December 21, 1988. 259 people on the plane and 11 others on 
the ground were killed. Most of the victims were Americans, making it 
the most fatal terrorist atrocity in American history.
  Two Libyan security agents have been charged with this heinous crime. 
They must be held accountable before a United States or United Kingdom 
court. The United Nations Security Council has imposed sanctions in an 
effort to make this happen, but for years this has brought no results.
  Recently, Secretary of State Albright proposed that the two suspects 
in the bombing of Pan Am 103 be tried in a Scottish court, under 
Scottish law, with a panel of Scottish judges, but physically located 
in the Netherlands. Libyan authorities have publicly accepted this 
proposal while calling for negotiations.
  I remain skeptical of Libya's willingness to cooperate with the 
international community in bringing terrorists to justice. But I also 
remain hopeful that the families of the victims will soon be able to 
end their painful wait for justice. I therefore believe we should give 
this potential solution an opportunity to work, while remaining 
determined to see the indicted terrorists brought to trial.
  The amendment we are introducing today therefore sets a reasonable 
time limit for action. It also calls for the imposition of additional 
multilateral sanctions measures, even including an embargo on oil 
exports, if Libya fails to turn over the bombing suspects for trial.
  The families of the victims of the Pan Am 103 bombing understand that 
nothing will bring back their loved ones. Nothing we do here can change 
that. But by adopting this resolution today we send the clear message 
that we are determined to see justice served and we will continue to 
increase international pressure on Libya until that happens.
  Mr. KENNEDY. Mr. President, I sent this amendment to the desk on 
behalf of myself and Senators Lautenberg, D'Amato, and Torricelli.
  Mr. President, ten years ago, in December 1988, 270 people, including 
189 Americans were killed in the terrorist bombing of Pan Am Flight 103 
over Lockerbie, Scotland. As a result of the intense and skillful 
investigation that followed, Britain and the United States indicted 2 
Libyan intelligence agents.
  The leader of Libya, Colonel Muammar Qadafi, refused to extradite the 
suspects to either the United States or the United Kingdom to stand 
trial. As a result, the international community, acting through the 
United Nations Security Council, imposed economic sanctions on Libya. 
The sanctions include a worldwide ban on Libya's national airline and a 
ban on flights into and out of Libya by the airlines of other nations. 
They also include a prohibition on supplying arms, airplane parts, and 
certain oil equipment to Libya, and a freeze on Libyan Government funds 
in other countries.
  Despite these sanctions, Colonel Qadafi has refused to turn over the 
suspects to either the United States or the United Kingdom. He has 
said, however, that he will transfer them to a third country to stand 
trial.
  A week ago, in a major development in this case, the United States 
and the United Kingdom proposed that Colonel Qadafi transfer the 
suspects to the Netherlands to stand trial before a Scottish court, 
under Scottish law, and with a panel of Scottish judges. Last Thursday, 
the United Nations Security Council endorsed this proposal and called 
on Colonel Qadafi to transfer the suspects promptly.
  The Administration has told Colonel Qadafi that this is a take-it-or-
leave-it proposal and that it is non-negotiable. Secretary of State 
Albright has said that the United States will urge a worldwide oil 
embargo against Libya in the United Nations Security Council if Colonel 
Qadafi rejects this offer and refuses to transfer the suspects to the 
Netherlands to stand trial. The Security Council is scheduled to 
conduct the next periodic review of Libyan sanctions on October 30. All 
of us hope that Colonel Qadafi will accept this plan before that date.
  To send a clear message to Colonel Qadafi, this resolution calls on 
him to transfer the indicted suspects to the Netherlands promptly, so 
that they can stand trial before the Scottish court in the Netherlands. 
The resolution supports the commitment by the United States Government 
not to negotiate with Colonel Qadafi on the details of the proposal. If 
Colonel Qadafi fails to transfer the suspects to the Netherlands before 
the end of October, the resolution calls on the United States Permanent 
Representative to the United Nations to introduce a resolution in the 
Security Council to impose a worldwide embargo against Libya and 
actively seeks its enactment.
  The families of the victims of Pan Am 103 have waited too long for 
justice. The Administration's plan is a reasonable opportunity to end 
the long

[[Page S9750]]

impasse over these suspects, and achieve a significant victory in the 
ongoing battle against international terrorism.
  I urge my colleagues to approve this resolution.


                           AMENDMENT NO. 3517

  (Purpose: Relating to the development of a new strategy for United 
                States bilateral assistance for Nigeria)

       At the appropriate place in the bill, insert the following:

     SEC. ____. DEVELOPMENT ASSISTANCE IN NIGERIA.

       (a) Findings.--Congress makes the following findings:
       (1) The bilateral development assistance program in Nigeria 
     has been insufficiently funded and staffed, and the United 
     States has missed opportunities to promote democracy and good 
     governance as a result.
       (2) The recent political upheaval in Nigeria necessitates a 
     new strategy for United States bilateral assistance program 
     in that country that is focused on promoting a transition to 
     democracy.
       (b) Sense of Congress.--It is the sense of Congress that 
     the President, acting through the United States Agency for 
     International Development, should--
       (1) develop a new strategy for United States bilateral 
     assistance for Nigeria that is focused on the development of 
     civil society and the rule of law and that involves a broad 
     cross-section of Nigerian society but does not provide for 
     any direct assistance to the Government of Nigeria, other 
     than humanitarian assistance, unless and until that country 
     successfully completes a transition to civilian, democratic 
     rule;
       (2) increase the number of United States personnel at such 
     Agency's office in Lagos, Nigeria, from within the current, 
     overall staff resources of such Agency in order for such 
     office to be sufficiently staffed to carry out paragraph (1); 
     and
       (3) consider the placement of such Agency's personnel 
     elsewhere in Nigeria.
       (c) Report.--Not later than 90 days after the date of 
     enactment of this Act, the President, acting through the 
     United States Agency for International Development, shall 
     submit to the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives a 
     report on the strategy developed under subsection (b)(1).

  Mr. FEINGOLD. Mr. President, I am pleased that the managers of the 
foreign operations appropriations bill have agreed to accept my 
amendment regarding development assistance to Nigeria.
  My amendment expresses the sense of the Senate that the assistance 
program in Nigeria has not been sufficient and should be expanded, and 
that the recent political upheaval in the country requires a new 
strategy for development assistance. The amendment specifies that no 
direct aid shall be provided to the government ``unless and until that 
country successfully completes a transition to civilian, democratic 
rule.'' It also encourages the development of a more robust presence in 
Nigeria, including placing development personnel outside of Lagos, the 
capital. Finally, it requires the President to submit a report to 
Congress on the new strategy.
  This amendment reiterates part of the basic policy expressed in a 
bill I introduced earlier this year, S. 2102, the Nigeria Democracy and 
Civil Society Empowerment Act of 1998. That bill declares that the 
United States should encourage the political, economic and legal 
reforms necessary to ensure the rule of law and respect for human 
rights in Nigeria and should aggressively support a timely and 
effective transition to democratic, civilian government for the people 
of Nigeria. The bill codifies many existing sanctions, authorizes the 
President to impose new sanctions if conditions sour in Nigeria, and 
would provide for $37 million in development assistance over three 
years to support democracy and governance programs and the activities 
of the U.S. Information Agency.
  My amendment would pick up on the development assistance provisions 
of S. 2102 without specifying an amount. Like S. 2102, this amendment 
authorizes no new money. All spending in Nigeria would come out of 
existing USAID appropriations.
  The United States Agency for International Development has already, 
correctly, noted that its program in Nigeria needs considerable re-
thinking. It recently submitted a notification to certain congressional 
committees for some $5 million to support an immediate and effective 
transition to democracy. But activities under this notification were 
not fully defined, and approval would have granted USAID broad leeway 
in its budgeting for this project, so the Congress has asked USAID to 
provide additional details.
  My amendment would require the administration to submit a report with 
a more defined strategy for its Nigeria program within 90 days of 
enactment of the Foreign Operations bill. I would hope that the 
preparation of this report will help the administration focus its 
development efforts in Nigeria, so that we do not receive such vague 
notifications in the future.
  With the replacement of longtime ruler General Abacha by the current 
military leader, Gen. Abdulsalam Abubakar, there has been reason to be 
optimistic about Nigeria's future. Although General Abubakar has not 
yet moved to repeal the repressive decrees that place severe 
restrictions on the basic freedoms of Nigerians, he has taken some 
positive steps, including the release of several prominent political 
prisoners, and has indicated a willingness to move his country once and 
for all in the direction of democracy. But he had yet to deal with some 
of the more vexing issues related to such a transition, which were 
further complicated by the untimely death last May of Chief Moshood 
Abiola, the presumed winner of the 1993 elections.
  These are not easy times in Nigeria, nor for U.S.-Nigeria relations. 
As the Ranking Member of the Senate Subcommittee on Africa, and as 
someone who has watched Nigeria over the past several years, I look 
forward to working with the administration on the development of a 
coherent Nigeria policy, beginning with a more robust development 
assistance presence.


                           AMENDMENT NO. 3518

   (Purpose: To improve the prohibition on United States arms export 
 transactions to foreign governments that do not cooperate fully with 
                  United States antiterrorism efforts)

       At the appropriate place in the bill, insert the following:
       Sec. ____. Section 40A of the Arms Export Control Act (22 
     U.S.C. 2781) is amended--
       (1) in subsection (a), by striking ``that the President'' 
     and all that follows and inserting ``unless the President 
     determines and certifies to Congress for purposes of that 
     fiscal year that the government of the country is cooperating 
     fully with the United States, or is taking adequate actions 
     on its own, to help achieve United States antiterrorism 
     objectives.'';
       (2) by redesignating subsection (b) as subsection (e);
       (3) by inserting after subsection (a), as so amended, the 
     following new subsections (b), (c), and (d):
       ``(b) Requirement for Continuing Cooperation.--(1) 
     Notwithstanding the submittal of a certification with respect 
     to a country for purposes of a fiscal year under subsection 
     (a), the prohibition in that subsection shall apply to the 
     country for the remainder of that fiscal year if the 
     President determines and certifies to Congress that the 
     government of the country has not continued to cooperate 
     fully with United States, or to take adequate actions on its 
     own, to help achieve United States antiterrorism objectives.
       ``(2) A certification under paragraph (1) shall take effect 
     on the date of its submittal to Congress.
       ``(c) Schedule for Certifications.--(1) The President 
     shall, to the maximum extent practicable, submit a 
     certification with respect to a country for purposes of a 
     fiscal year under subsection (a) not later than September 1 
     of the year in which that fiscal year begins.
       ``(2) The President may submit a certification with respect 
     to a county under subsection (a) at any time after the date 
     otherwise specified in paragraph (1) if the President 
     determines that circumstances warrant the submittal of the 
     certification at such later date.
       ``(d) Considerations for Certifications.--In making a 
     determination with respect to the government of a country 
     under subsection (a) or subsection (b), the President shall 
     consider--
       ``(1) the government's record of--
       ``(A) apprehending, bringing to trial, convicting, and 
     punishing terrorists in areas under its jurisdiction;
       ``(B) taking actions to dismantle terrorist organizations 
     in areas under its jurisdiction and to cut off their sources 
     of funds;
       ``(C) condemning terrorist actions and the groups that 
     conduct and sponsor them;
       ``(D) refusing to bargain with or make concessions to 
     terrorist organizations;
       ``(E) isolating and applying pressure on states that 
     sponsor and support terrorism to force such states to 
     terminate their support for terrorism;
       ``(F) assisting the United States in efforts to apprehend 
     terrorists who have targeted United States nationals and 
     interests;
       ``(G) sharing information and evidence with United States 
     law enforcement agencies during the investigation of 
     terrorist attacks against United States nationals and 
     interests;
       ``(H) extraditing to the United States individuals in its 
     custody who are suspected of participating in the planning, 
     funding, or

[[Page S9751]]

     conduct of terrorist attacks against United States nationals 
     and interests; and
       ``(I) sharing intelligence with the United States about 
     terrorist activity, in general, and terrorist activity 
     directed against United States nationals and interests, in 
     particular; and
       ``(2) any other matters that the President considers 
     appropriate.''; and
       (4) in subsection (e), as so redesignated, by striking 
     ``national interests'' and inserting ``national security 
     interests''.

  Mr. McCONNELL. Mr. President, Senator Leahy and I have cleared this 
block of amendments.
  The PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendments.
  The amendments (Nos. 3510 through 3518), en bloc, were agreed to.
  Mr. McCONNELL. Mr. President, I move to reconsider the vote.
  Mr. LEAHY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. TORRICELLI. Mr. Leahy, I know that you join me in welcoming the 
progress that the citizens of Northern Ireland and the Republic have 
made toward implementing a peace agreement. I would like to thank you 
and the members of the Appropriations Committee for the tremendous work 
you have done this year, including funding the International Fund for 
Ireland (IFI) at the full amount President Clinton requested in FY 
1999. At this critical point in time, this Senate, and the United 
States as a whole, must begin to study our relationship with Northern 
Ireland and do our best to ensure that peace takes hold in the region. 
Dramatic cuts in the budget, particularly foreign aid, have made this 
task more challenging. Understanding both the need to support peace in 
Northern Ireland and dealing with budget cuts, I would like to request 
your support for consideration of adding any additional funding to the 
IFI, should it become available at a later time. It is important that 
we consider ways to meet the needs of the people of Northern Ireland 
and the Republic, and I hope you will join me in this effort.
  Mr. LEAHY. As a fellow supporter of the peace process in Northern 
Ireland, I want to assure you that, should additional funds become 
available at a later date, we will consider increasing the amount 
available to the IFI.
  Mr. D'AMATO. Mr. Chairman, I would like to join my colleague in 
expressing my support for the work the Appropriations Committee has 
done this year. It is important that we maintain our strong support for 
Northern Ireland and the Republic, and the funds made available to the 
IFI in the upcoming fiscal year are a critical step. In the wake of the 
passage of the Good Friday Accords, I have been working with Senator 
Torricelli over the past several months to determine a method that will 
best express the United States' support for peace in Northern Ireland. 
At this point in time, I would like to request your support for 
consideration of additional funding to the IFI, should it become 
available in the future.
  Mr. McCONNELL. I join Mr. Leahy in assuring you that we will consider 
adding funds to the IFI, should they become available at a later date, 
so that we may bolster peace in the region.
  Mr. BINGAMAN. Mr. President, I am very concerned about a provision in 
the FY 1999 Foreign Operations, Export Financing, and Related Programs 
Appropriation bill regarding military assistance for the Baltic nations 
that, according to the Committee report, is intended to accelerate the 
integration of the Baltic States into NATO. Although the Administration 
has assured the Congress that consideration of the Baltic nations for 
membership in NATO would proceed in a deliberate fashion in 
consultation with our NATO allies subject to the procedures already 
established, designating military assistance to the Baltic nations in 
accordance with the language contained in the Committee report would 
circumvent those assurances. I wish to advise my colleagues that the 
allocation of any military assistance provided in this bill to the 
Baltic nations will not assure their admission into NATO.
  Mr. President, I recall that during the recent debate on enlarging 
NATO last April, many senators expressed their concern about extending 
our military commitments beyond the limits which are already straining 
our ability to meet worldwide contingencies. I believe that providing 
military assistance to the Baltic nations in order to accelerate their 
membership into NATO could lead us into a de facto security commitment 
to that region that might strain our resources even further, and 
therefore, be harmful to our national security interests as well as 
those of our NATO allies. Many of my colleagues here in the Senate as 
well as the distinguished Dr. Henry Kissinger who testified last spring 
before the Armed Services Committee question our ability to respond 
effectively to military contingencies in the Baltic region.
  In addition, Mr. President, I am very concerned about the state of 
relations between the United States and Russia at this vulnerable time 
in international relations. Providing military assistance to the Baltic 
nations for the express reason of accelerating their membership in NATO 
is likely to exacerbate the uneasy state of our relations with the 
current Russian government as well as many influential Russian leaders 
who oppose that nation's current leadership. I do not believe it is in 
our interest to create unnecessarily greater difficulties with Russia 
than we already have. I believe this provision of the bill as discussed 
in the Committee report could cause significant problems with Russia 
and unfounded expectations among the Baltic nations for whom there is 
no assured membership in NATO.
  I have spoken with Senators Leahy, Hutchison, and Roberts about my 
concerns and they share these sentiments.
  Mr. LEAHY. Thank you, Senator Bingaman. I too am concerned that 
providing military assistance to the Baltic nations with the expressed 
intent to accelerate their membership into NATO is premature and should 
not prejudice consideration for their membership into NATO when a 
decision to do so might occur.
  Mrs. HUTCHISON. Mr. President, I agree with my colleagues on this 
very important national security issue. In particular, I agree that the 
words in the Committee report for this bill should not be taken to mean 
that membership in NATO by the Baltic states is going to be considered 
until there is a complete debate on the matter, that the Senate's 
responsibility for advice and consent on treaties is in any way 
predetermined in the case of the Baltic countries.
  Mr. ROBERTS. Thank you, Mr. President. I would like to add my 
reservations to those of my colleagues. I am very concerned about 
overextending our military commitments without sufficient resources to 
handle the additional tasks we might assume. Enlarging NATO should be a 
step by step deliberate process that should not be circumvented in any 
way.
  Mr. BINGAMAN. I appreciate the supportive words of my colleagues on 
this important matter of national security.


                         Privilege of the Floor

  Mr. LEAHY. Mr. President, I ask unanimous consent Joan Wadelton, a 
State Department fellow on the staff of the Committee on Foreign 
Relations, be accorded the privilege of the floor during the pendency 
of S. 2334.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Kentucky.
  Mr. McCONNELL. I know both Senators from New Jersey are anxious to 
make a statement on another matter, but Senator Leahy and I now have a 
finite list of amendments which we believe will bring us to final 
passage.
  Mr. President, I yield the floor.
  Several Senators addressed the Chair.
  The PRESIDING OFFICER. The Senator from New Jersey.

                          ____________________