[Congressional Record Volume 146, Number 6 (Tuesday, February 1, 2000)]
[Senate]
[Pages S190-S197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                BANKRUPTCY REFORM ACT OF 1999--Continued

  The PRESIDING OFFICER. The question is on agreeing to the motion to 
table the Wellstone amendment No. 2537 to S. 625. Under the previous 
agreement, there will be 5 minutes equally divided.
  Who yields time?
  Mr. WELLSTONE. Mr. President, I wonder whether I could ask unanimous 
consent that the vote be first on the payday amendment.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. WELLSTONE. I thank my colleagues. I thank Senator Grassley from 
Iowa.


                           Amendment No. 2538

  The PRESIDING OFFICER. If the Senator will yield for a moment, the 
question is on agreeing to the motion to table amendment No. 2538 by 
Senator Wellstone.
  Mr. WELLSTONE. I thank the Chair.
  Mr. President and colleagues, I was on the floor earlier talking 
about this whole problem of payday amendments, payday loans, and car 
title pawns. To make a long story short, it is a very unscrupulous 
practice. You have targets of low-income, you have targets of women, 
you have targets of seniors who basically get a loan because of 
something that happened in the family--medical emergency, you name it, 
for $100, $200. It is rolled over and over again. They can end up being 
charged 300, 400, or 500 percent a year--or a lien can be put on their 
car. The car can be repossessed and sold. There isn't a requirement in 
many States that these families at least get back what they no longer 
owe to these creditors. I don't know why, when it comes to bankruptcy, 
those lenders who in good faith have provided loan money to people 
should be crowded out.
  This amendment simply says if you are charging over 100 percent in 
annual interest on a loan and the borrower goes bankrupt, you cannot 
make a claim on that loan or the fees from that loan.
  This is all about whether we are on the side of a lot of vulnerable 
citizens--on the side of single parents, families, women, on the side 
of moderate-income citizens--or on the side of these loan sharks.
  This amendment, I believe, should get a huge vote. Every consumer 
organization is for this amendment, and many other organizations 
representing women and labor and low- and moderate-income people are 
for this amendment. I certainly hope the Senate will vote for this 
amendment.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, the Senator from Minnesota is asking the 
Senate to put these provisions in law in the bankruptcy code for loans 
that are legal under State law.
  He would have this done in two ways: No. 1, he would say that the 
State judges could not enforce these debt collections; and, No. 2, he 
would say that in bankruptcy it could not be recovered in bankruptcy.
  First of all, these are legal contractual relations. They are legal 
under State law. So it ought to be questioned whether or not the Senate 
of the United States or the legislatures of Minnesota and Iowa ought to 
be making these determinations. It is my judgment that we should not 
use the bankruptcy code to upset the legal bankruptcy laws of the 
respective States.
  I ask my colleagues to vote this amendment down.
  Mr. WELLSTONE. Mr. President, how much time do I have remaining?
  The PRESIDING OFFICER. The Senator has 18 seconds remaining.
  Mr. WELLSTONE. Mr. President, I want to point out to my colleagues 
that a lot of these unscrupulous credit companies get around State 
regulations and protections through Federal law. A lot of them are 
chartered by Federal law.
  So it is certainly appropriate to take this action if we want to 
protect consumers and not be on the side of these loan sharks.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. GRASSLEY. I yield my time.
  The PRESIDING OFFICER. All time is yielded. The vote will now occur 
on the tabling motion.
  Mr. GRASSLEY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion to table amendment No. 
2538. The yeas and nays have been ordered. The clerk will call the 
roll.
  The bill clerk called the roll.
  Mr. FITZGERALD (when his name was called). Present.
  Mr. NICKLES. I announce that the Senator from New Hampshire (Mr. 
Gregg) and the Senator from Arizona (Mr. McCain) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who desire to vote?
  The result was announced--yeas 53, nays 44, as follows:

                       [Rollcall Vote No. 1 Leg.]

                                YEAS--53

     Abraham
     Allard
     Ashcroft
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Cochran
     Collins
     Coverdell
     Craig
     Crapo
     DeWine
     Domenici
     Enzi
     Frist
     Gorton
     Gramm
     Grams
     Grassley
     Hagel
     Hatch
     Helms
     Hutchinson
     Hutchison
     Inhofe
     Johnson
     Kyl
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Murkowski
     Nickles
     Roberts
     Roth
     Santorum
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Voinovich
     Warner

                                NAYS--44

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Bryan
     Byrd
     Cleland
     Conrad
     Daschle
     Dodd
     Dorgan
     Durbin
     Edwards
     Feingold
     Feinstein
     Graham
     Harkin
     Hollings
     Inouye
     Jeffords
     Kennedy
     Kerrey
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Mikulski
     Moynihan
     Murray
     Reed
     Reid
     Robb
     Rockefeller
     Sarbanes
     Schumer
     Torricelli
     Wellstone
     Wyden

                        ANSWERED ``PRESENT''--1

       
     Fitzgerald
       

                             NOT VOTING--2

     Gregg
     McCain
       
  The motion was agreed to.


                     Amendment No. 2537, Withdrawn

  Mr. WELLSTONE. Mr. President, I ask unanimous consent to withdraw 
amendment No. 2537.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2667

    (Purpose: To encourage the democratically elected government of 
  Indonesia and the armed forces of Indonesia to take such additional 
 steps as are necessary to create a peaceful environment in which the 
 results of the August 30, 1999, vote on East Timor's political status 
                          can be implemented)

  Mr. FEINGOLD. Mr. President, I call up amendment No. 2667.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Wisconsin [Mr. Feingold] proposes an 
     amendment numbered 2667.

  Mr. FEINGOLD. 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:

          TITLE __--EAST TIMOR SELF-DETERMINATION ACT OF 1999

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``East Timor Self-
     Determination Act of 1999''.

     SEC. __02. FINDINGS; PURPOSE; SENSE OF SENATE.

       (a) Congressional Findings.--

[[Page S191]]

       (1) On August 30, 1999, in accordance with the May 5, 1999, 
     agreement between Indonesia and Portugal brokered by the 
     United Nations, and subsequent agreements between the United 
     Nations and the governments of Indonesia and Portugal, a 
     popular consultation took place, in which 78.5 percent of 
     East Timorese rejected integration with Indonesia, setting 
     the stage for a transition to independence pursuant to the 
     terms of the May 5, 1999, agreement.
       (2) On October 19, 1999, the Indonesian People's 
     Consultative Assembly agreed to ratify the August 30, 1999, 
     vote results, leading the United Nations Security Council, on 
     October 25, 1999, to authorize a United Nations Transitional 
     Administration in East Timor (UNTAET), which was to include 
     deployment of an international police and military force with 
     up to 1,640 officers and 8,950 troops.
       (3) The United Nations Commission on Human Rights, in a 
     special session meeting on September 27, 1999, called on the 
     United Nations Secretary General to establish an 
     international commission of inquiry to investigate violations 
     of human rights in East Timor, and urged the cooperation of 
     the Indonesian government and military.
       (4) The Secretary General subsequently directed Mary 
     Robinson, the United Nations High Commissioner on Human 
     Rights, to appoint a United Nations commission on October 15, 
     1999, which is due to report its conclusion to the Secretary 
     General by December 31, 1999.
       (5) The Indonesian People's Consultative Assembly on 
     October 20, 1999, chose Abdurrahman Wahid as President of the 
     Republic of Indonesia and the next day also chose as Vice 
     President, Megawati Soekarnoputri
       (6) President Wahid has invited Xanana Gusmao to meet and 
     has written to the United Nations Secretary General 
     officially informing him of the decision to end Indonesia's 
     administration of East Timor, and of East Timor's 
     independence, and expressing his hope ``that East Timor will 
     become an independent state''.
       (7) As of late October 1999, according to United Nations 
     officials and other independent observers, more than 200,000 
     East Timorese remain displaced in camps in West Timor and 
     elsewhere in Indonesia, under constant threat by civilian 
     militia and in some cases denied access to assistance by the 
     United Nations humanitarian agencies.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the United States should congratulate the people of 
     Indonesia on its democratic transition and welcome the 
     efforts of the new Indonesian government to bring a peaceful 
     end to the crisis in East and West Timor;
       (2) the results of the August 30, 1999, vote on East 
     Timor's political status, which expressed the will of a 
     majority of the Timorese people, should be fully implemented;
       (3) economic recovery in Indonesia is essential to 
     political and economic stability in the region; and
       (4) the President, the Secretary of State, the Secretary of 
     the Treasury, and Congress should work with the people of 
     Indonesia to restore Indonesia's economic vitality.
       (c) Purpose.--The purpose of this Act is to encourage the 
     government of Indonesia and the armed forces of Indonesia to 
     take such additional steps as are necessary to create a 
     peaceful environment in which the United Nations Assistance 
     Mission to East Timor (UNAMET), the International Force for 
     East Timor (INTERFET), and the United Nations Transitional 
     Administration in East Timor (UNTAET) can fulfill their 
     mandates and implement the results of the August 30, 1999, 
     vote on East Timor's political status.

     SEC. __03. SUSPENSION OF SECURITY ASSISTANCE.

       (a) Suspension and Support.--
       (1) Assistance.--None of the funds appropriated or 
     otherwise made available under the following provisions of 
     law (including unexpended balances of prior year 
     appropriations) may be available for Indonesia:
       (A) The Foreign Military Financing Program under section 23 
     of the Arms Export Control Act.
       (B) Chapter 2 of part II of the Foreign Assistance Act of 
     1961 (relating to military assistance).
       (C) Chapter 5 of part II of the Foreign Assistance Act of 
     1961 (relating to international military education and 
     training assistance).
       (D) Section 2011 of title 10, United States Code.
       (2) Licensing.--None of the funds appropriated or otherwise 
     made available under any provision of law (including 
     unexpended balances of prior year appropriations) may be 
     available for licensing exports of defense articles or 
     defense services to Indonesia under section 38 of the Arms 
     Export Control Act.
       (3) Exportation.--No defense article or defense service may 
     be exported or delivered to Indonesia or East Timor by any 
     United States person (as defined in section 16 of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2415)) or any 
     other person subject to the jurisdiction of the United States 
     except as may be necessary to support the operations of an 
     international peacekeeping force in East Timor or in 
     connection with the provision of humanitarian assistance.
       (4) Prohibition on participation in asia-pacific center for 
     security studies.--Programs of the Asia-Pacific Center for 
     Security Studies may not include participants who are members 
     of the armed forces of Indonesia or any representatives of 
     the armed forces of Indonesia.
       (5) Prohibition on assistance through military-to-military 
     contacts.--The authority for military-to-military contacts 
     and comparable activities under section 168 of title 10, 
     United States Code, may not be exercised in a manner that 
     provides any assistance to the government or armed forces of 
     Indonesia.
       (b) Inapplicability to Certain Items and Services on the 
     United States Munitions List.--Paragraphs (2) and (3) of 
     subsection (a) do not apply to the export, delivery, or 
     servicing of any item or service that, while on the Commerce 
     Control List of dual-use items in the Export Administration 
     Regulations, was licensed by the Department of Commerce for 
     export to Indonesia but is in a category of items or services 
     that, within two years before the date of the enactment of 
     this Act, was transferred by law to the United States 
     Munitions List for control under section 38 of the Arms 
     Export Control Act (22 U.S.C. 2778).
       (c) Conditions for Termination.--Subject to subsection (b), 
     the measures described in subsection (a) shall apply with 
     respect to the government and armed forces of Indonesia until 
     the President determines and certifies to the appropriate 
     congressional committees that the Indonesian government and 
     the Indonesian armed forces are--
       (1) taking effective measures to bring to justice members 
     of the Indonesian armed forces and militia groups against 
     whom there is credible evidence of human rights violations;
       (2) demonstrating a commitment to accountability by 
     cooperating with investigations and prosecutions of members 
     of the Indonesian armed forces and militia groups responsible 
     for human rights violations in Indonesia and East Timor;
       (3) taking effective measures to bring to justice members 
     of the Indonesian armed forces against whom there is credible 
     evidence of aiding or abetting militia groups;
       (4) allowing displaced persons and refugees to return home 
     to East Timor, including providing safe passage for refugees 
     returning from West Timor;
       (5) not impeding the activities of the International Force 
     in East Timor (INTERFET) or its successor, the United Nations 
     Transitional Administration in East Timor (UNTAET);
       (6) ensuring freedom of movement in West Timor, including 
     by humanitarian organizations; and
       (7) demonstrating a commitment to preventing incursions 
     into East Timor by members of militia groups in West Timor.

     SEC. __04. MULTILATERAL EFFORTS.

       The President should continue to coordinate with other 
     countries, particularly member states of the Asia-Pacific 
     Economic Cooperation (APEC) Forum, to develop a 
     comprehensive, multilateral strategy to further the purposes 
     of this Act, including urging other countries to take 
     measures similar to those described in this title.

     SEC. __05. REPORT.

       Not later than 30 days after the date of enactment of this 
     Act, and every 6 months thereafter until the end of the 
     UNTAET mandate, the Secretary of State shall submit a report 
     to the appropriate congressional committees on the progress 
     of the Indonesian government toward the meeting the 
     conditions contained in paragraphs (1) through (7) of section 
     __03(c) and on the progress of East Timor toward becoming an 
     independent nation.

     SEC. __06. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       In this title, the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations and the 
     Committee on Appropriations of the Senate and the Committee 
     on International Relations and the Committee on 
     Appropriations of the House of Representatives.

  Mr. FEINGOLD. Mr. President, as I understand it, I have 30 minutes 
under my control for purposes of this amendment.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. FEINGOLD. I thank the Chair. I intend to withdraw this amendment 
after I and other Senators interested in the amendment have had a 
chance to talk within the 30-minute period.
  As I said late last year, this amendment is considerably different 
from my original bill, S. 1568, the East Timor Self-Determination Act. 
I made significant alterations to it in order to respond to changing 
events and the concerns of other Senators and the administration.
  My amendment would have suspended all military and security 
assistance to Indonesia until clear steps had been taken to stop the 
harassment of East Timorese refugees, to end the collusion between 
violent militia groups and the Indonesian military, and to hold those 
responsible for recent atrocities accountable for their actions.
  My amendment would have put this body on the record in recognition of 
the need to use United States military and security assistance 
responsibly in Indonesia.

[[Page S192]]

  My original bill, which passed the Foreign Relations Committee on 
September 27 by an overwhelming vote of 17-1, was introduced in the 
wake of the violence that erupted after the results of East Timor's 
historic referendum were announced on September 4. It was cosponsored 
by the chairman of the Foreign Relations Committee, the distinguished 
Senator from North Carolina, as well as many other Members of the 
Senate.
  I took that action, in cooperation with my colleagues, because events 
in East and West Timor demanded it.
  While I am very pleased to have the opportunity to finally call up my 
legislation on the Senate floor, it is unfortunate that this is being 
squeezed in to a debate on the bankruptcy bill rather than standing 
alone. It is unfortunate that we are here debating this amendment more 
than 4 months after the events in East Timor that gave rise to it. It 
is unfortunate and it is inappropriate, because the events in East 
Timor that originally cried out for this legislation are deadly 
serious. And the encouraging events that justified changes in the 
legislation are critically important. Both deserved thoughtful 
consideration from the Senate.
  On August 30, well over 99 percent of registered voters in East Timor 
courageously came to the polls to express their will regarding the 
political status of that territory.
  More than 78 percent of those voters marked their ballot in favor of 
independence.
  But weeks of violence dampened the jubilation that immediately 
followed the vote, as the Indonesian military--a military that the 
United States has long supported--colluded with militia groups in 
waging a scorched earth campaign throughout the territory.
  Thousands of people were forced to leave, and many were killed.
  But for the East Timorese run out of their homes in the fray, the 
nightmare did not end there.
  Just days ago, the Independent newspapers of London reported on the 
horrible conditions in the remaining refugee camps in West Timor. In 
one part of West Timor, UNICEF has found that 25 percent of refugee 
children are malnourished.
  To this day, militia members harass and intimidate East Timorese in 
West Timor's refugee camps. According to the United Nations High 
Commissioner for Refugees, between 100,000 and 150,000 refugees remain, 
in many cases against their will, in the refugee camps.
  But some will say that we should remain silent on these matters, and 
continue to let events in Timor and Indonesia unfold without comment. 
Some will say that the time for action has passed. They will point to 
the recent democratic elections in Indonesia, and to the Indonesian 
government's stated willingness to accept the results of the August 30 
ballot. They will note the many encouraging steps that President Wahid 
has taken in the direction of reform. And they will point to President 
Wahid's most recent, public commitment to holding military officers 
accountable for their actions--actions now described in both Indonesian 
and U.N. investigations.
  They are right to emphasize the positive signals coming from the new 
government, and they are right to point out that the situation in 
Indonesia has changed significantly in the past four months. I 
recognize those changes, and I have tried to respond to them as my 
legislation has wended its way through this body.
  Make no mistake--the Indonesians were aware of the original 
legislation. And over the last few months they have undoubtedly taken 
note of the changes that were made in this amendment--changes that sent 
a clear signal that the United States recognizes that the government of 
Indonesia is moving toward democracy and accountability, and we are 
very interested in partnership with that kind of Indonesia.
  While I support the notion that now is an important time to reach out 
toward the new government in Jakarta, I reject the idea that we should 
no longer maintain intense pressure on the Indonesian military.
  Whether or not the Indonesian military is committed to serving under 
the new, promising, democratically-elected regime remains to be seen. 
Recently, rumors of coup plots and a possible military takeover of this 
fledgling democracy circulated in Jakarta and abroad. In recent months, 
ethnic and religious violence erupted in Aceh, the Spice Islands, and 
elsewhere in Indonesia. Many reports indicate that elements of the 
Indonesian military continue to stand by and do nothing to help the 
people they are supposed to protect.
  So as we extend a welcome to Indonesia's new government, we must send 
a strong message about the kind of behavior that we do not welcome, and 
about the kinds of abuses that we will not ignore. It remains as 
crucially important today as it ever was to pressure violent elements 
in Indonesia to do the right thing. And I serve notice to my colleagues 
and to the administration--I stand ready to do just that. If U.S. 
policy fails to send a strong message in favor of reform and 
accountability, I will seize any legislative opportunity necessary to 
fight for a responsible policy--one that serves United States and 
Indonesian interests in stability and justice.
  Mr. President, how much time do I have remaining?
  The PRESIDING OFFICER (Mr. DeWine). The Senator has used 6 minutes 
and 40 seconds.
  Mr. FEINGOLD. I yield such time as he wishes to the distinguished 
Senator from Rhode Island, who has truly been a great leader on this 
issue, making not only an effort on the Senate floor but a personal 
effort to visit and see exactly what is happening in East Timor itself. 
I yield the Senator from Rhode Island such time as he needs.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. REED. Mr. President, first, let me commend the Senator from 
Wisconsin for his efforts. He has spoken out forcefully and clearly and 
correctly for so many months about our obligation to see that the 
people of East Timor have a chance to chart their own course, to reach 
their own destiny, to rule themselves. I thank him for his efforts.
  Today this amendment is being withdrawn, but this withdrawal should 
not be a signal that we are turning away from East Timor. Indeed, it is 
once again an opportunity to speak out and demand that we do, in fact, 
attend to the needs of this emerging country.
  As the Senator from Wisconsin pointed out, I traveled to East Timor 
twice last year. The first time was a week before the referendum. I 
traveled with Senator Harkin and our colleague from the other body, 
Congressman Jim McGovern of Massachusetts. We were there a few days 
before the election. What struck us was the incredible courage of the 
people of East Timor. It was an ominous and foreboding atmosphere. 
Armed militias were roaming the countryside threatening people and 
making it clear that their goal was to intimidate all of the East 
Timorese either not to vote or to vote for continued association with 
Jakarta, with Indonesia. Despite this, we saw countless East Timorese 
who were willing to risk their lives, declaring to us that they would 
vote, they would risk their lives.
  I had occasion in Suai to be speaking at a church where there were 
thousands of displaced persons gathered around this church in the 
protection of three priests. I told them that the vote is more powerful 
than the army. Not only did they believe that, but they risked their 
lives to prove it. Sadly, with the conclusion of the referendum, the 
militias went wild, conducting a rampage throughout East Timor. In 
fact, the three priests in Suai who were leading their congregations 
were slaughtered by the militias because they chose to talk about 
democracy and independence and self-determination.
  I returned back to East Timor in the first week of December. Since 
the election had taken place, the United Nations had authorized the 
intervention of international forces, and we owe a great deal to the 
armed forces and the Government and the people of Australia because 
they launched thousands of Australian soldiers to enter that country, 
to stabilize that country, and literally to give a chance to the people 
of East Timor to build a democratic society.
  The United States also contributed roughly 200 troops. The troops 
were led by our U.S. Marine Corps. The bulk of the troops were U.S. 
Army forces. These troops, once again, displayed magnificently the 
ability of American

[[Page S193]]

forces to respond to a crisis and to bring to bear not only our 
technology, but our values, as they supported that struggling 
democracy, struggling to emerge in East Timor. Now, the Indonesian 
Government has formally renounced the claims of East Timor. It is being 
administered in the interim by the United Nations.
  We had the chance in our last visit at the end of November, beginning 
of December, to meet with the leadership of the United Nations. They 
are led by a very accomplished diplomat, Sergio DeMello. But I have to 
say that their efforts to date are quite feeble when it comes to the 
difficult challenges they face. So I think the whole international 
community has to step up and assist this effort of reconstruction 
because one thing was painfully obvious to us as we traveled through 
East Timor--the country was deliberately, cynically destroyed. Every 
building that was worth habitation was burned. Ironically and 
interestingly--because I think the Indonesian military was calling all 
the shots--they didn't touch the churches because they knew that would 
probably make CNN. But a few feet away from every church, rows and rows 
of buildings were destroyed. We met the people of East Timor, people 
who are struggling for the basic subsistence now after all the mayhem 
and destruction. Once again, I commend the military forces--
particularly ours--that are there today helping out.

  We have a great deal to do to ensure that our words about 
independence, our words about the value of democracy, and our words 
about self-determination are transferred into palpable progress for the 
people of East Timor. We have an opportunity, I say an obligation, to 
give them resources to get the job done. I believe we should start with 
an appropriation of $25 million for humanitarian assistance so they can 
reconstruct their schools and infrastructure. Literally, the militias 
and Indonesian Army destroyed all records--postal records, all 
identification records, all land records. This country has been totally 
devastated, deliberately and cynically destroyed. We have an obligation 
to help them rebuild. They are a people who want to rebuild, who want 
to make progress and go forward.
  I also had the chance while I was in East Timor to travel to West 
Timor, which is still part of Indonesia. I went to these camps where 
there are thousands of East Timorese, many of whom were taken against 
their will from their homes and brought into these camps. These camps 
are not a place where a person can stay indefinitely. It is a 
transitory shelter. Many people are there because they are intimidated 
by the militias still lurking in the camps. Others are fearful and 
afraid of going home because they might run into retribution by those 
who stayed behind, the proliberation democracy forces. But in any case, 
they are creating a huge problem of assimilation and a huge drain on 
the resources of the villages of West Timor.
  I had a chance to meet with the Catholic Relief Service, which is 
doing great work there, and representatives of the Catholic Church. We 
have a real obligation, also, to see that these displaced people in 
West Timor are allowed to go home safely and to reintegrate into their 
society, into the new country of East Timor. The work is substantial.
  Today's effort by the Senator from Wisconsin, after many days to get 
this measure to the floor, should, as I say, not be a signal that the 
problem is solved and that we can withdraw--since no longer is East 
Timor capturing the front page headlines--it should be rather an 
opportunity for us to recommit ourselves to do the work of helping 
these people build a just, decent, and viable society and country.
  Let me say a final word because we are all here today talking about 
an issue that has been on the minds of the world for the last year 
because of the publicity. But long before East Timor was a well-known 
word in the United States and around the capitals of the world, there 
was one Member of this Senate, Claiborne Pell, who strove mightily to 
point out the injustice and the need for freedom. In 1992, Senator Pell 
traveled to Indonesia, saw President Suharto, and asked him to hold a 
plebiscite on self-determination. That was a full 7 years, or more, 
before this referendum was held. He also wanted to visit East Timor but 
was denied permission to meet with Xanana Gusmao, then in a Jakarta 
prison. He held hearings and he kept this issue on the forefront of the 
consciences of many in the world. In a very particular way, the freedom 
of East Timor today is a tribute to his quiet, persistent efforts 
through many years. The fact that today Xanana Gusmao is back home in 
East Timor, is a leader in that community, a community that will decide 
its own fate, a free country, emerging in the world, is a tribute again 
to Senator Pell.
  Let me conclude by thanking, once again, Senator Feingold for his 
great effort, his clear voice, his dedication and commitment to 
principle. Let us all resolve today that we have just begun to help 
these people to rebuild their country, their society, and to create a 
society that will have our values, but will also definitely have their 
own perspective as East Timorese.
  I yield back my time.
  Mr. FEINGOLD. Mr. President, how much time remains?
  The PRESIDING OFFICER. There are 13 minutes remaining.
  Mr. FEINGOLD. Mr. President, I thank the Senator from Rhode Island 
for his extremely dedicated work on this issue. It has been a pleasure 
working with him on it. I wish to reiterate what he said, which is that 
this is another opportunity for us to tell our colleagues, as well as 
Indonesia and the rest of the world, that we are watching this on a 
daily basis and we are prepared to act again. The legislation is very 
viable and we are prepared to offer it as an amendment to another bill 
if the situation becomes difficult.
  At this point, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FEINGOLD. Mr. President, at this time I am delighted to yield the 
remaining time we have on the amendment to the distinguished Senator 
from Iowa who, along with the Senator from Rhode Island, has shown not 
only a tremendous interest and dedication on the issue of East Timor 
but took the time and risks associated with actually visiting East 
Timor at a very critical point and came back here to be key to the 
entire effort to lead the East Timorian independence. Senator Harkin, 
Senator Reed, I, and others are going to watch this every day to make 
sure this situation moves in the right direction and we don't go 
backwards.
  I yield whatever time is necessary to the Senator from Iowa.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Mr. President, I thank the Chair. I thank my colleague 
and friend from Wisconsin for yielding time to me but, more 
importantly, for his strong and continued leadership on this issue of 
East Timor.
  As we all know, East Timor is a small, new nation in a faraway place. 
A lot of times we tend to forget about it and push it off to the side. 
But we can't. We can't forget about what happened in East Timor. I 
think it is incumbent upon us, as the leader of the world's democracies 
and as the nation that holds out to oppressed peoples all over the 
world the ideals of self-determination and democratic institutions, 
because we are in that position, that we have to take a leadership 
position among world communities, focusing and keeping our attention 
focused on East Timor.
  These brave people for almost 25 years have continued their 
struggle--peacefully, I might add--for their own right to self-
determination. When the Portuguese left in 1975, of course, Indonesia 
annexed East Timor. The East Timorese people had no say in that 
whatsoever. Yet they continued a worldwide campaign for their right to 
self-determination.
  What didn't they do? What didn't the East Timorese people do? They 
didn't plant any bombs. They didn't sabotage anything. They didn't blow 
up airliners. They didn't commit acts of terrorism against the 
Indonesia Government or the Indonesia people, but forcefully, day after 
day and year after year, they went to the world community and pricked 
our conscience. They went to the U.N. They came here. They

[[Page S194]]

went to Europe. There was no accident that Bishop Belo and Jose Ramos-
Horta both won the Nobel Peace Prize for their activities because they 
pursued their right to self-determination as Gandhi or Dr. Martin 
Luther King, Jr., would have done, in a peaceful, nonterrorist way. 
When they finally had this vote late last summer, they voted 
overwhelmingly for separation, to have their own nation.
  Senator Reed and I, along with Congressman McGovern from 
Massachusetts, were there right before the vote about a week before. We 
traveled extensively around the country. You could already see the 
militias and what they were trying to do and the intimidation. It was 
after that trip that the three of us had conversations with our 
Secretary of State, with Kofi Annan, the Secretary General of the 
United Nations, Secretary Cohen, our Secretary of Defense, and people 
at the White House. We talked to everyone, saying: Look. We need to 
have things in place there. There is going to be a blood bath. We hope 
there isn't. But our sense is that everything we had ever seen before 
in our lives, in our history--you could almost smell it. You could 
almost sense what was going to happen in East Timor. A powder keg was 
ready to go.
  We met with General Anwar. We went back to Indonesia, and we told 
President Habibie at the time: If your orders are right, there should 
be a peaceful transition and a peaceful election. This General Anwar is 
not carrying out your orders. He is either not carrying out your orders 
or you are not giving the right orders. But something is not adding up 
here. The same with General Wiranto, the head of the armed services.
  I ask unanimous consent that an article and an editorial from the 
Washington Post be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From the Washington Post, Feb. 1, 2000]

               E. Timor Panel Blames Army for Atrocities

                         (By Keith B. Richburg)

       Jakarta, Indonesia, Jan. 31.--A government commission 
     charged today that the Indonesian military and its militia 
     surrogates carried out an orchestrated campaign of mass 
     killing, torture, forced deportation, rape and sexual slavery 
     in East Timor. It named six top generals--including Gen. 
     Wiranto, the former army chief--for possible criminal 
     prosecution.
       The findings of the government commission of inquiry were 
     more sweeping and harder-hitting than had been expected, 
     coming on top of a recommendation from a U.N. inquiry that 
     the United Nations set up a special tribunal to try those 
     accused of atrocities in East Timor. They brought to a head a 
     confrontation between Indonesia's new democratic government, 
     which has made human rights and accountability a major 
     priority, and the powerful military establishment that has 
     seen its traditional role undercut and its past abusive 
     practices put under intense public scrutiny.
       President Abdurrahman Wahid, who is in Davos, Switzerland, 
     for the World Economic Forum, said after the findings were 
     made known that he will fire Wiranto from the cabinet. ``I 
     will ask him, to use a polite word, ask him to resign,'' 
     Wahid told a television interviewer.
       Wiranto stepped aside as armed forces commander in October, 
     after the violence against East Timorese that broke out last 
     September over their decision to secede from Indonesia. But 
     he still wields considerable influence in the military as 
     cabinet coordinating minister for political affairs and 
     security.
       The East Timorese resistance leader and Nobel laureate, 
     Jose Ramos-Horta, said in Singapore that Wiranto should be 
     tried and not just removed from the cabinet. ``In this day 
     and age, you cannot kill hundreds of people, destroy a whole 
     country, and then just get fired,'' he said.
       Among its findings, the commission also said the military 
     actively tried to cover up evidence of its ``crimes against 
     humanity,'' including moving victims' bodies to remote 
     locations.
       ``The mass killings claimed the livers mostly of 
     civilians,'' said the commission chairman, Albert Hasibuan. 
     ``They were conducted in a systematic and cruel way. Many 
     were committed in churches and police headquarters.
       Australian-led peacekeeping troops in East Timor have 
     unearthed hundreds of bodies in scattered grave sites, many 
     in the East Timorese exclave or Oe-Cussi near the border with 
     Indonesia. Villagers have said bodies were moved there before 
     foreign troops arrived, but today's report provided the first 
     confirmation of an effort to conceal the extent of the 
     killings.
       The commission forwarded to Attorney General Marzuki 
     Darusman the names of 33 people, including Wiranto, who it 
     said should be investigated for prosecution, and Marzuki 
     promised to begin his own probe. Among those named are Maj. 
     Gen. Adam Damiri, the regional commander in charge of East 
     Timor in the months leading up to the Aug. 30 U.N.-backed 
     independence referendum; Zacky Anwar Makarim, the army 
     intelligence chief in East Timor; and Tono Suratman and Noer 
     Muis, the two commanders based in Dili, the East Timorese 
     capital.
       Also named were the commanders of various militia groups, 
     including Joao Tavares, who called himself the commander in 
     chief of all the militias, and the flamboyant Eurico 
     Guterres, head of the feared Aitarak, or ``Thorn,'' militia, 
     who in the days before the referendum vowed to turn Dili into 
     a ``sea of fire'' if voters supported independence.
       The bloodbath unleashed in East Timor sparked international 
     outrage and turned Indonesia into something of a pariah 
     state, criticized by friends and slapped with economic 
     sanctions. Hundreds of thousands were forcibly deported to 
     Indonesian-controlled western Timor, homes and buildings in 
     Dili were looted and set ablaze and the few foreigners left 
     in the capital huddled inside the U.N. compound, along with 
     frightened Timorese, with little food or water.
       The killing and destruction continued until former 
     president B.J. Habibie bowed to international pressure and 
     allowed in foreign troops to restore order. At the time, 
     Wiranto conceded some Indonesian army troops, from two 
     indigenous East Timorese battalions, were involved in the 
     violence. But he repeatedly insisted the outbreak was 
     spontaneous, that there was no evidence of widespread 
     killings and that he was trying his best to bring the 
     situation under control.
       The report today found Wiranto ``fully acknowledged and 
     realized'' the extent of the violence and destruction in East 
     Timor but failed to take action. ``Therefore, General 
     Wiranto, as the TNI [Indonesian army] commander, should be 
     the one to take responsibility,'' the report reads.
       While the Indonesian attorney general deals with this 
     report, U.N. Secretary General Kofi Annan must decide whether 
     to accept the recommendation of the separate U.N. 
     investigation and ask for a human rights tribunal for East 
     Timor. Indonesia vehemently objects to any U.N. tribunal, 
     saying the country is capable of punishing those responsible. 
     Analysts have said a credible report from the Indonesian 
     commission was a crucial first step in dissuading the United 
     Nations from setting up a tribunal.
                                  ____


                [From the Washington Post, Feb. 1, 2000]

                           Justice for Timor

       Not long ago, the armed forces pretty much ran the show in 
     Indonesia; now they are under investigation. A human rights 
     commission formed by that nation's new democratic government 
     yesterday issued a stinging indictment of the military, 
     including its former leader and five other generals, for 
     orchestrating, condoning and taking part in the destruction 
     of East Timor last summer. The report, with its call for 
     criminal prosecution, is an important step. Now comes the 
     hard part for President Abdurrahman Wahid; he deserves the 
     support and encouragement of other nations as he moves 
     forward.
       East Timor, a small half-island at the remote eastern end 
     of Indonesia's archipelago, voted for independence from 
     Indonesia in a United Nations-sponsored referendum Aug. 30. 
     Indonesia's Gen. Wiranto promised security for the voters; 
     they instead were subjected to a spasm of murder, rape, 
     looting and other violence. At the time, Gen. Wiranto and 
     Indonesia's government blamed the violence on rogue anti-
     independence militias. But the government's unflinching 
     report, based on many interviews and on-site investigation, 
     rejects that excuse and sees unquestioned official 
     complicity.
       President Wahid is under pressure from the military not to 
     treat its generals too roughly. Ethnic violence is breaking 
     out in many places; without unified armed forces, some say, 
     Mr. Wahid cannot hold the country together. There have been 
     rumors of a coup. But as much as it needs a strong military, 
     Indonesia needs one subservient to new civilian powers; 
     without progress in that direction, many restive regions will 
     find it intolerable to remain inside the country. So Mr. 
     Wahid is right to dismiss Mr. Wiranto from his cabinet and 
     allow criminal prosecution of those named in the human rights 
     report.
       A United Nations inquiry released yesterday came to many 
     similar conclusions about the violence in East Timor. Some 
     U.N. officials now favor an international tribunal. Since the 
     United Nations sponsored East Timor's referendum, the 
     organization has a continuing role to play in seeking justice 
     for the Timorese. Its investigation should continue.
       But before a Bosnia-style tribunal is created, Indonesia 
     should be given a chance to judge its own. Its new democratic 
     government well understands the importance of that process.

  Mr. HARKIN. I give the Indonesians credit.
  The article says that this new government commission ``. . . named 
six top generals--including Gen. Wiranto . . . and General Anwar for 
possible criminal prosecution'' and that the ``militia'' with their 
``surrogates carried out an orchestrated campaign of mass killing, 
torture, forced deportation, rape and sexual slavery in East Timor.''


[[Page S195]]


       The East Timorese resistance leader and Nobel laureate, 
     Jose Ramos-Horta, said in Singapore that Wiranto should be 
     tried and not just removed from the cabinet. ``In this day 
     and age, you cannot kill hundreds of people, destroy a whole 
     country, and then just get fired.''

  These are crimes against humanity.
  I wholeheartedly commend the present Government of Indonesia and its 
human rights commission for their bravery in doing this investigation 
and coming up with this finding. I think it moves the democratic forces 
far ahead in Indonesia because they were able to come out with this 
finding.
  I am very supportive of the sense-of-the-Senate resolution that is 
offered by the Senator from Wisconsin. We have to make some statements 
about East Timor. We have to be in the lead on this, and the fact that 
the human rights commission of the present Government in Indonesia made 
these findings ought to give us comfort that we are not undermining the 
Government of Indonesia in helping the East Timorese.
  I was not privileged to go back with Senator Reed when he went there 
in December. I talked to him. Senator Reed said:

       You would not believe the places we were, that we saw with 
     our own eyes. They were leveled. Buildings were burnt. Some 
     of the church houses were burned down and people just 
     disappeared, all driven across the border. We were up in this 
     one town on the border. He said it was like a ghost town. All 
     of these people were forcefully deported into West Timor, and 
     even yet today they are not letting these people come home.

  I think the focus of world opinion and public opinion and attention 
has to be again on East Timor. What the Indonesian military did there 
is unconscionable. I don't blame the Indonesian people. I talked to too 
many Indonesians who were opposed to what their military was doing in 
East Timor, who thought it was a right of the East Timorese, because of 
their history and their past, to have self-determination.
  I in no way cast any blame upon the Indonesian people themselves. But 
I do single out General Wiranto, General Anwar, and the people at the 
human rights commission who were in charge of aiding, abetting, and 
fostering the militia that did these terrible things to East Timor--as 
Senator Reed said--vindictively burning down things, destroying 
telephone lines, destroying bridges, just crazy things such as that, 
just to leave the country in total waste.
  Again, I thank the Senator from Wisconsin and the Senator from Rhode 
Island for their strong support of the brave people of East Timor.
  I hope we in the Senate, if not today, at some point shortly can 
express our support on this sense-of-the-Senate resolution so the brave 
people of East Timor and the democratic forces in Indonesia know we 
will support this and we will do everything we can to help them rebuild 
this country again as a signal to the rest of the world that we will 
support peaceful self-determination and the right of people to have 
their own democratic governments. This is as good a place as any to 
start.
  Again, I thank the Senator from Wisconsin for his strong, continued 
leadership on this issue.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. HATCH. Mr. President, I yield time to the distinguished Senator 
from Missouri.
  The PRESIDING OFFICER. The Senator from Missouri.
  Mr. BOND. Mr. President, I thank the distinguished manager of the 
bill.
  I rise today because I feel very strongly about what we are 
considering. Today we in the Congress are being asked to consider our 
first statement on Indonesia since the country's elections last fall. 
Everyone is familiar with it. Everyone has watched CNN and watched the 
bloodshed and horror that occurred in East Timor and other places in 
Indonesia. That was prior to the Indonesian elections, and it had taken 
place under a severely weakened and ineffective leader.
  Last fall, the Parliament completed the first election cycle that was 
truly free in the country's history by electing a new President, 
President Abdurrahman Wahid. I just returned from Indonesia, where I 
not only met with President Wahid but the Vice President, the Foreign 
Minister, the Speaker, and the Head of Parliament. I met with 
Indonesian citizens, Americans living over there, and most important of 
all, I met with our very astute and very able Ambassador, Bob Gelbard, 
and the staff we have in Indonesia to help us formulate policy with 
respect to that country.
  Unfortunately, our press, which gave us a lot of information about 
East Timor, has not paid much attention to the free elections. It has 
paid little attention to the work of the new Government and its efforts 
to lead a transition to democracy. This is truly a time of rapid change 
in Indonesia, and it is a time of great challenge for Indonesian 
leadership and others in the world who support democracy, freedom, 
human rights, civilian control of the military, and religious tolerance 
for all people.
  Regretfully, some Members of this body seem determined to stay in the 
past. Things are moving in the right direction, and it is time, in my 
view, for the United States to support the new Government, to work to 
make sure that this Government succeeds, and that the noble objectives 
we support are carried out.
  President Wahid's job in this situation could not be more difficult. 
He has to bring democracy and a better standard of living to people who 
were living under a totalitarian government in a situation that 
bordered on chaos. He has to bring under control the ethnic and 
religious conflicts that are breaking out all over the country. Perhaps 
most difficult of all, he has to overcome the well-entrenched and 
powerful interests that want him to fail, that would be delighted to 
bring the country straight back into chaos.
  From everything I saw, and from what our distinguished Ambassador and 
his staff tell us, President Wahid has not disappointed. He wakes up 
every day and makes bold and courageous decisions and he doesn't bother 
to take polls on what people want. He is simply concerned about moving 
his country in the right direction.
  I hope we will have the opportunity to welcome President Wahid to 
Washington, DC, and to give him an opportunity to address the Congress 
to talk about the challenges he faces and his commitment to the 
American ideals of democracy, freedom, human rights, and cleaning up 
corruption in all areas of government and private sector activity.
  In a very short time, the changes in Indonesia have been marked and 
profound. On the issues the sponsors of this amendment are concerned 
about, President Wahid has agreed to work with the U.N. Security 
Council to track down and bring to justice those who were responsible 
for the bloodshed in East Timor. The Indonesian Government, as has been 
noted already, has impaneled their own commission to investigate what 
took place in East Timor and bring those to justice. The panel has 
identified six high-ranking military officers. The President has 
indicated they will all be removed from the military and has given 
every indication they will be brought to justice.
  When the spokesman for the military said the military should not be 
subject to the control of the civilian-elected Government, the 
President moved and cut him off. We in Congress cannot continue to put 
our heads in the sand with these monumental changes going forward. Even 
the European Union recognizes the tremendous progress President Wahid 
and his Government are making. The E.U. has lifted the ban on certain 
arms sales. They pledged to begin military training.

  I regret to tell you the situation in Indonesia and East Timor is not 
as simple as some of my colleagues would have you believe. Secretary 
Cohen traveled there and laid out what we expect of the new Government. 
The Government has complied, but in the interim we have cut off our 
ability to have any positive influence by ending military to military 
contact. I say let's listen to our former colleague, now Defense 
Secretary Bill Cohen, who is well informed about what is going on in 
that area. I suggest we listen to the people in our State Department--a 
State Department run by the party of my colleagues who have introduced 
this resolution--and ask them what we can do to help move the 
Government, move the cause of democracy and freedom, in the right 
direction. At a time such as this, we should be sending to the people 
of Indonesia a loud message,

[[Page S196]]

and a clear message, that we support their efforts to achieve democracy 
and we will support the new Government in its efforts to bring 
democracy to its 210 million people.
  The resolution, as I have just seen it, as I quickly calculate, 
dedicates 14 lines to congratulating the people of Indonesia and 
encouraging the Government of this country to work with the struggling 
democracy and then dedicates several pages to those things we as a 
government should be denying the Indonesian Government. Here is a 
country emerging from all the problems of the past. They need a hand 
up, not another bucket of water dumped on their heads.
  Secretary Cohen delivered a clear message during his trip to the 
country that it was time for military reform. The Indonesian people 
responded. Today, the Indonesian military is under civilian control. In 
a clear move to curb the power of the army, the position of commander 
in chief has been given to an admiral in the Indonesian Navy, 
considered to be the most progressive and professional of the military 
branches. Under pressure from Secretary Cohen, the military vacated 
East Timor. There have been positive reports coming in that the 
military has been cooperating with the international community. Some 
members are working actively to frustrate the efforts of pro-Jakarta 
militias to conduct any further raids on refugees or East Timor towns.
  On the human rights front, a new attorney general has been selected. 
Our State Department has great confidence in his commitment to the rule 
of law and protection of human rights. The Indonesian Government has 
also created a new position within the Government, the State Commission 
on Human Rights, a position that has been filled by a former political 
prisoner from Aceh.
  These are not insignificant steps. In fact, they are enormous steps 
that show the tremendous effort on the part of the new Government and 
the people of Indonesia.
  The outcome of the election could have been very different. It was 
not. There was no mass violence in the streets, and there was no 
military coup. The result was democracy in action.
  The bottom line is the Indonesians have been doing everything we 
asked them to do. Now, with this proposed resolution, we are being 
urged not to offer congratulations, not to extend a helping hand but, 
rather, to poke a sharp stick in their eye.
  This resolution endorses a cutoff of military-to-military contact, 
education, and military assistance. But the administration promptly cut 
off assistance and contact after the violence broke out. The Department 
of Defense and our Department of State can be a very positive force for 
reform, but this amendment would propose to limit their ability to do 
so. The violence happened under a different government with a weak 
president.
  Make no mistake about it, this resolution will be looked upon by the 
Indonesian people as a repudiation of the direction they have chosen 
and of the work of their democratically elected President and Vice 
President. It will be taken as a clear sign that the United States is 
not interested in being a positive force for change.

  I urge--I beg my colleagues to stay involved and to pay attention 
because this is a vitally important part of the world. When I was in 
Southeast Asia 9 months ago, when I asked in one country or another how 
things were going, everybody would say: We are doing well, but we are 
worried about Indonesia.
  We ought to be worried about Indonesia because they are the fourth 
largest country in the world. They have an opportunity to join the list 
of countries that are democracies, that are committed to human rights 
and freedom. They deserve to be part of the enlightened leadership of 
the world.
  It is time we provided support to that effort. It is vital the United 
States continue to support the development of democracy and of civilian 
control of the military. We need to begin the process of engagement, to 
provide their military with the assistance and training they need to 
ensure that the functions of security are carried out effectively and 
properly. Our government has pressured the Indonesian government to 
restrain the military and make reforms. Now the situation is getting 
out of control. The military has lost its ability to respond to 
regional outbreaks of violence. Rather than being an impediment to 
progress, we ought to be in there helping them to reestablish the rule 
of law and order and peace and security for all people and all 
religious groups in Indonesia.
  We have a tough battle ahead. There have been atrocities that are 
mind boggling. I join with the sponsors of the resolution who 
understand how terrible these depredations were. But times are 
changing. We need to be a positive force, to encourage those changes, 
to keep them on the right track, and not punish a government that is 
trying to move in the direction we laid out for them.
  Mr. President, I am sure we will visit this issue again. In the 
meantime, I urge all my colleagues to seek counsel from our own State 
Department, our own Department of Defense. This Democratic 
administration has excellent people who are well aware of what is going 
on there. Let's find out from them what is happening and what we can do 
to be a positive force.
  I hope my colleagues on both sides of the aisle will listen to them 
so we can be positive in our efforts and in our results.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin.
  Mr. FEINGOLD. Mr. President, I ask unanimous consent for an 
additional 5 minutes on this issue.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FEINGOLD. Mr. President, we would like an opportunity to briefly 
respond to the comments of the Senator from Missouri. I could have 
sworn the Senator had not heard my remarks earlier because his remarks 
suggest an analysis that has something to do with their original 
legislation. I took great pains throughout my comments to indicate 
exactly what the Senator from Missouri was indicating, that there are 
some very positive developments in Indonesia, and in particular that 
Government there, the democratically elected Government, is struggling 
to keep that nation strong, to keep that nation together, and to get 
control over the military.
  So I find it very ironic that the Senator would come down here and 
say we need to be fair to that Government when you look at the comments 
in the last 48 hours. What has happened in the last 48 hours? President 
Wahid of Indonesia said, I say to the Senator from Missouri, that it 
may be necessary for Mr. Wiranto to resign. That is what the 
democratically elected President of Indonesia said when he heard about 
the investigations and reports of the United Nations.
  What did Mr. Wiranto say with regard to that suggestion of the 
President of Indonesia? He said he was going to brush aside calls to 
resign from government and stand trial for his alleged role in human 
rights abuses in East Timor last year. ``Like a good soldier, I am 
going to continue to fight for the truth.''
  In other words, the Senator from Missouri asks us to support the 
President and the nation of Indonesia. But instead what he is really 
doing is giving support and sanction to the attitude of Mr. Wiranto, 
the person who many believe had a great deal to do with the atrocities 
in East Timor.
  I did not come today to actually seek a vote on this amendment. I did 
indicate I would withdraw the amendment from this bankruptcy bill. We 
wanted to serve notice that we will continue to monitor this situation, 
and we are doing it in a balanced way that indicates our support for 
the positive developments in Indonesia.
  The Senator from Missouri complains that our resolution is mostly 
negative with regard to things that happened in East Timor and with 
regard to Indonesia. This resolution is not about Indonesia in general. 
If the Senator wants to promote a resolution praising Indonesia and the 
positive things that have happened in Indonesia in the last couple of 
months, I may well join him. But this is about what happened in East 
Timor.
  The Senator apparently took a trip recently to Indonesia, but the 
people who were on the floor to talk today--Senator Reed and Senator 
Harkin--

[[Page S197]]

have actually been to East Timor. You can add to that a key person of 
the Clinton administration he kept mentioning, our distinguished 
Ambassador to the United Nations, Richard Holbrooke, who also went to 
East Timor in late November and came back and told me and others that 
the conditions and circumstances with regard to the refugees in West 
Timor, many of whom want to get home to East Timor, are not good. He 
has a long and distinguished record of seeing these kinds of situations 
throughout the world in the over 30 or 40 years he has been in 
diplomacy. He was deeply troubled by the fact the job was not done.
  The people of East Timor and the people of East Timor who are in West 
Timor and want to come home have not had their rights fully protected. 
That is why we are trying to put pressure on the military in Indonesia. 
That is not an unfriendly act to the Government of Indonesia. That is a 
friendly act because that is the toughest challenge the President of 
Indonesia has right now--making sure the military accepts democratic 
rule of that country. We are in an effort to support democracy in 
Indonesia, and it cannot go forward as the kind of democracy we support 
unless this situation in East Timor is properly resolved. That is the 
spirit of our amendment, and that is the spirit of our bill. I 
appreciate the additional time.
  Let me add, Senator Leahy is another who has done an enormous amount 
on this issue of East Timor and can certainly tell you the job is not 
done with regard to using our leverage and our ability to persuade and 
make sure the people of East Timor have full independence and that the 
people who want to return to East Timor have the opportunity to do 
that.


                     Amendment No. 2667, Withdrawn

  Mr. President, I withdraw the amendment.
  The PRESIDING OFFICER. The amendment is withdrawn.
  Mr. FEINGOLD. Mr. President, I yield the floor and suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, I commend Senator Feingold, Senator Reed of 
Rhode Island, and Senator Harkin for the leadership they have shown on 
the East Timor issue. They have all been to East Timor and have 
consistently spoken out in support of independence for East Timor and 
human rights for its people.
  Senator Feingold's resolution would end all U.S. military cooperation 
with Indonesia on account of the Indonesian military's appalling abuses 
in East Timor. This would send an unequivocal message, not only there 
but throughout the world, that the United States will not resume any 
relationship with the Indonesian military until it is thoroughly 
reformed, and not only reformed, but the members who are responsible 
for the abuses are punished.
  Some of these abuses, well documented by independent news media and 
eyewitness accounts, are so horrible they are reminiscent of the Dark 
Ages.
  I understand the resolution is going to be withdrawn on account of 
the progress being made by the Indonesian Government in asserting 
control of the military. However, Senator Feingold's determination to 
keep the Senate's attention on this important issue is well worthwhile.
  Last September we watched in horror as a systematic campaign of 
terror and destruction waged in East Timor: Hundreds of innocent people 
were killed, hundreds of thousands more were forcibly uprooted from 
their homes, villages and towns were ransacked and family members were 
killed in front of other family members. Even today, U.N. investigators 
are unearthing what we are seeing too often in modern times: bodies in 
mass graves.
  In the past two days, an Indonesian Government commission and a 
United Nations commission independently concluded that the Indonesian 
military bears ultimate responsibility for the bloodbath, and must be 
held accountable for its abuses in East Timor. This is an extremely 
important and encouraging step.
  Under tremendous pressure--tremendous pressure to turn a blind eye to 
what happened in East Timor--and at great personal risk, Indonesian 
investigators have done a commendable job in determining the extent of 
the violence and identifying the individuals responsible, including not 
only those who gave the orders but those who had the power to stop the 
mayhem and instead simply stood by and let it happen.
  There are sins of comission and there are sins of omission. If you 
are a military officer with the power to stop something from 
happening--an atrocity, a murder--and you stand by and allow it to go 
on, in my mind you are as equally guilty as those who commit the act.
  As the leader of Indonesia's new democratic government, President 
Wahid has courageously voiced his willingness to confront the powerful 
Indonesian military establishment. He has called for the prosecutions 
of army leaders, including General Wiranto, former commander of the 
Armed Forces, who, until recently, was lauded by officials of our own 
Pentagon.
  The United Nations commission called for the establishment of an 
independent national tribunal to bring those responsible for the 
violence in East Timor to justice. It is a proposal which the 
Indonesian Government has rejected, insisting it is capable of 
punishing the perpetrators itself.
  While it is too early to say whether an Indonesian tribunal would 
have sufficient resources or authority to conduct what are likely to be 
long and expensive trials of military leaders, one thing is clear: now 
is not the time for the United States to follow the European Union's 
recent example of renewed military assistance or sales of military 
equipment to Indonesia. With all due respect to our European friends, 
sometimes I think they have a terribly short memory.

  Indonesia is at a critical juncture in its transition to democracy. 
The commission's findings will heighten the already tense relationship 
between the Indonesian Government and the Indonesian military. As 
pressure on the military increases, it is likely that rumors of a coup 
will become louder and more threatening. I believe the United States 
has to continue to show strong support for President Wahid and for an 
end to the long history of impunity and immunity enjoyed by members of 
the Indonesian military.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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