[Congressional Record Volume 150, Number 139 (Wednesday, December 8, 2004)]
[Senate]
[Pages S12068-S12071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

SENATE RESOLUTION 485--EXPRESSING THE SENSE OF THE SENATE REGARDING THE 
       NOVEMBER 21, 2004, PRESIDENTIAL RUNOFF ELECTION IN UKRAINE

  Mr. SMITH (for himself, Mr. Biden, Ms. Stabenow, and Mr. Corzine) 
submitted the following resolution; which was referred to the Committee 
on Foreign Relations:

                              S. Res. 485

       Whereas on November 21, 2004, Ukraine held a presidential 
     runoff election between former Prime Minister and opposition 
     candidate Victor Yushchenko and current Prime Minister Victor 
     Yanukovych;
       Whereas the Ukrainian Central Election Commission reported 
     that Mr. Yanukovych won 49.42 percent of the vote and Mr. 
     Yushchenko won 46.7 percent of the vote in the runoff 
     election, despite the fact that several exit polls indicated 
     that Mr. Yushchenko secured significantly more votes than Mr. 
     Yanukovych;
       Whereas the International Election Observation Mission from 
     the Organization for Security and Cooperation in Europe 
     (OSCE) determined that the runoff election did not meet 
     international standards for democratic elections, and 
     specifically declared that state resources were abused to 
     support the candidacy of Prime Minister Yanukovych;
       Whereas the Committee of Voters of Ukraine, a 
     nongovernmental electoral organization in Ukraine, reported 
     on illegal voting by absentee ballot, multiple voting, 
     assaults on electoral observers and journalists, the use of 
     counterfeit ballots, and even kidnaping;
       Whereas such reports of fraud were also echoed by Senator 
     Richard Lugar of Indiana, Chairman of the Committee on 
     Foreign Relations of the Senate, an observer to the runoff 
     election designated by President George W. Bush;
       Whereas since November 22, 2004, tens of thousands of 
     people have engaged in peaceful demonstrations in Kiev, 
     Ukraine, to protest the declaration by the Central Election 
     Commission of Mr. Yanukovych as the winner of the runoff 
     election;
       Whereas antigovernment protests in support of opposition 
     candidate Mr. Yushchenko took place in cities throughout 
     Ukraine, and several city councils adopted resolutions that 
     declared Mr. Yushchenko as the legally elected president;
       Whereas on November 23, 2004, opposition candidate Mr. 
     Yushchenko declared victory in the runoff election and took a 
     symbolic oath of office;
       Whereas the United States has called for a complete and 
     immediate investigation into the conduct of the runoff 
     election to examine fully the reports of fraud and 
     corruption;
       Whereas the European Union has also stated that authorities 
     in Ukraine must redress election irregularities and that the 
     reported results do not reflect the will of the people of 
     Ukraine;
       Whereas the Ukrainian Supreme Court blocked the publication 
     of the official runoff election results stating that Mr. 
     Yanukovych was the winner, thus preventing his inauguration 
     as President of Ukraine until the court examined the reports 
     of voter fraud;
       Whereas on November 27, 2004, the Parliament of Ukraine 
     passed a resolution declaring that there were violations of 
     law during the runoff election but on November 30, 2004, with 
     support from progovernment and communist parties, canceled 
     the resolution;
       Whereas 15 eastern and southern regions in Ukraine that 
     supported the candidacy of Mr. Yanukovych threatened to split 
     off from the country if an illegitimate president were to 
     come to power;
       Whereas on December 1, 2004, the Parliament of Ukraine 
     passed a no confidence motion in the cabinet of Prime 
     Minister Yanukovych as approximately 100,000 supporters of 
     Mr. Yushchenko demonstrated in front of the parliament 
     building;
       Whereas Mr. Yanukovych and Mr. Yushchenko, along with 
     European mediators and current Ukraine President Leonid 
     Kuchma, began discussions on December 1, 2004, to attempt to 
     work out a resolution to the standoff;
       Whereas on December 3, 2004, the Ukrainian Supreme Court 
     ruled that the November 21, 2004, runoff election was invalid 
     and ordered a new vote on December 26, 2004;
       Whereas on December 8, 2004, the Parliament of Ukraine 
     passed electoral changes to reform the Central Election 
     Commission and close loopholes for fraud, as well as 
     constitutional changes to reduce the power of the President 
     of Ukraine; and
       Whereas the manner in which this crisis is resolved will 
     have significant implications for the perceptions of the 
     democratic institutions of Ukraine by the international 
     community: Now, therefore, be it
       Resolved, That the Senate--
       (1) condemns the widespread fraud in the November 21, 2004, 
     runoff presidential election in Ukraine;
       (2) objects to the separatist initiatives in Ukraine that 
     are being used by one side to influence the outcome of the 
     election dispute; and
       (3) supports a peaceful political and legal settlement in 
     Ukraine that is based on the principles of democracy and 
     reflects the will of the people of Ukraine.
                                 ______
                                 

  SENATE RESOLUTION 486--RELATIVE TO THE DEATH OF J. STANLEY KIMMITT, 
                     FORMER SECRETARY OF THE SENATE

  Mr. FRIST (for himself, Mr. Daschle, Mr. Burns, and Mr. Leahy) 
submitted the following resolution; which was considered and agreed to:

                              S. Res. 486

       Whereas Stan Kimmitt served with distinction in the United 
     States Army for 25 years, served in combat during World War 
     11 in Europe and later in Korea, received the Silver Star, 
     the Legion of Merit, and the Bronze Star for Valor with Three 
     Oak Leaf Clusters, and retired with the rank of Colonel;
       Whereas Stan Kimmitt began his service to the United States 
     Senate in 1965 as administrative assistant to Majority Leader 
     Mike Mansfield;
       Whereas Stan Kimmitt served as Secretary for the Majority 
     of the Senate from 1966 until 1977:
       Whereas Stan Kimmitt served as Secretary of the Senate from 
     1977 until 1981;
       Whereas after a distinguished career in the United States 
     Army, Stan Kimmitt served as an employee of the Senate of the 
     United States and ably and faithfully upheld the high 
     standards and traditions of the staff of the Senate from 1965 
     until 1981;
       Whereas Stan Kimmitt faithfully discharged the difficult 
     duties and responsibilities of a wide variety of important 
     and demanding positions in public life with honesty, 
     integrity, loyalty and humility; and

[[Page S12071]]

       Whereas Stan Kimmitt's clear understanding and appreciation 
     of the challenges facing the Nation has left his mark on 
     those many areas of public life: Now, therefore, be it
       Resolved, That the Senate has heard with profound sorrow 
     and deep regret the announcement of the death of Stan 
     Kimmitt.
       Resolved, That the Secretary of the Senate communicate 
     these resolutions to the House of Representatives and 
     transmit an enrolled copy thereof to the family of the 
     deceased.
       Resolved, That when the Senate adjourns today, it stand 
     adjourned as a further mark of respect to the memory of Stan 
     Kimmitt.
                                 ______
                                 

SENATE RESOLUTION 487--EXPRESSING THE SENSE OF THE SENATE REGARDING THE 
       NOVEMBER 21, 2004, PRESIDENTIAL RUNOFF ELECTION IN UKRAINE

  Mr. SMITH (for himself, Mr. Biden, Mr. Lugar, Ms. Stabenow, Mr. 
McCain, and Mr. Corzine) submitted the following resolution; which was 
considered and agreed to:

                              S. Res. 487

       Whereas on November 21, 2004, Ukraine held a presidential 
     runoff election between former Prime Minister and opposition 
     candidate Victor Yushchenko and current Prime Minister Victor 
     Yanukovych;
       Whereas the Ukrainian Central Election Commission reported 
     that Mr. Yanukovych won 49.42 percent of the vote and Mr. 
     Yushchenko won 46.7 percent of the vote in the runoff 
     election, despite the fact that several exit polls indicated 
     that Mr. Yushchenko secured significantly more votes than Mr. 
     Yanukovych;
       Whereas the International Election Observation Mission from 
     the Organization for Security and Cooperation in Europe 
     (OSCE) determined that the runoff election did not meet 
     international standards for democratic elections, and 
     specifically declared that state resources were abused to 
     support the candidacy of Prime Minister Yanukovych;
       Whereas the Committee of Voters of Ukraine, a 
     nongovernmental electoral organization in Ukraine, reported 
     on illegal voting by absentee ballot, multiple voting, 
     assaults on electoral observers and journalists and the use 
     of counterfeit ballots;
       Whereas such reports of fraud were also echoed by Senator 
     Richard Lugar of Indiana, Chairman of the Committee on 
     Foreign Relations of the Senate, an observer to the runoff 
     election designated by President George W. Bush;
       Whereas since November 22, 2004, tens of thousands of 
     people have engaged in peaceful demonstrations in Kiev, 
     Ukraine, to protest the declaration by the Central Election 
     Commission of Mr. Yanukovych as the winner of the runoff 
     election;
       Whereas antigovernment protests in support of opposition 
     candidate Mr. Yushchenko took place in cities throughout 
     Ukraine, and several city councils adopted resolutions that 
     declared Mr. Yushchenko as the legally elected president;
       Whereas on November 23, 2004, opposition candidate Mr. 
     Yushchenko declared victory in the runoff election;
       Whereas the United States has called for a complete and 
     immediate investigation into the conduct of the runoff 
     election to examine fully the reports of fraud and 
     corruption;
       Whereas the European Union has also stated that authorities 
     in Ukraine must redress election irregularities and that the 
     reported results do not reflect the will of the people of 
     Ukraine;
       Whereas the Ukrainian Supreme Court blocked the publication 
     of the official runoff election results stating that Mr. 
     Yanukovych was the winner, thus preventing his inauguration 
     as President of Ukraine until the court examined the reports 
     of voter fraud;
       Whereas on November 27, 2004, the Parliament of Ukraine 
     passed a resolution declaring that there were violations of 
     law during the runoff election but on November 30, 2004, with 
     support from progovernment and communist parties, canceled 
     the resolution;
       Whereas 15 eastern and southern regions in Ukraine that 
     supported the candidacy of Mr. Yanukovych threatened to split 
     off from the country if an illegitimate president were to 
     come to power;
       Whereas on December 1, 2004, the Parliament of Ukraine 
     passed a no confidence motion in the cabinet of Prime 
     Minister Yanukovych as approximately 100,000 supporters of 
     Mr. Yushchenko demonstrated in front of the parliament 
     building;
       Whereas Mr. Yanukovych and Mr. Yushchenko, along with 
     European mediators and current Ukraine President Leonid 
     Kuchma, began discussions on December 1, 2004, to attempt to 
     work out a resolution to the standoff;
       Whereas on December 3, 2004, the Ukrainian Supreme Court 
     ruled that the November 21, 2004, runoff election was invalid 
     and ordered a new vote on December 26, 2004;
       Whereas on December 8, 2004, the Parliament of Ukraine 
     passed electoral changes to reform the Central Election 
     Commission and close loopholes for fraud, as well as 
     constitutional changes to reduce the power of the President 
     of Ukraine; and
       Whereas the manner in which this crisis is resolved will 
     have significant implications for the perceptions of the 
     democratic institutions of Ukraine by the international 
     community: Now, therefore, be it
       Resolved, That the Senate--
       (1) condemns the widespread fraud in the November 21, 2004, 
     runoff presidential election in Ukraine; and
       (2) supports a peaceful political and legal settlement in 
     Ukraine that is based on the principles of democracy and 
     reflects the will of the people of Ukraine.

                          ____________________