[Congressional Record Volume 156, Number 127 (Tuesday, September 21, 2010)]
[Senate]
[Pages S7262-S7263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   DEFENSE TRADE COOPERATION TREATIES

  Mr. FEINGOLD. Mr. President, today, the Senate Foreign Relations 
Committee approved the Defense Trade Cooperation Treaties with the U.K. 
and Australia and their implementing legislation. These treaties would 
exempt these two countries--two of our most important allies--from our 
arms export licensing regime.
  Though I am confident our allies will use these treaties as intended, 
I am very concerned that these treaties may make it easier for arms 
dealers to divert weapons to illicit purposes. The Government 
Accountability Office has reported that diversion of weapons from the 
United States, including through the U.K. and Australia, is a major 
source of weapons for countries of concern to the U.S., including Iran. 
It has also documented how arms smugglers have relied on previous 
licensing exemption regimes as a cover

[[Page S7263]]

for the diversion of arms. Finally, it has reported that U.S. officials 
charged with enforcing our arms export controls are concerned that 
licensing exemptions reduce the evidentiary trail they use to detect 
and prosecute the diversion of weapons.
  While this implementing legislation will enhance reporting to 
Congress, it does nothing to address the problem of not having an 
evidentiary trail. That is a mistake. I will carefully monitor the 
implementation of these treaties to ensure that they are not used by 
arms dealers as cover to divert weapons to illegal end users. If we 
have trouble prosecuting violations of the treaties, Congress may need 
to enact additional legislation requiring licenses in certain cases.
  In an age of terrorism, it is more important than ever that we 
control the proliferation of weapons that can be diverted to 
adversaries of the United States and feed regional conflicts around the 
world. Our licensing regime is a critical component of our effort to 
ensure that these weapons do not end up in the hands of our enemies. It 
should be strengthened, not weakened. Unfortunately, the administration 
appears to be moving in the opposite direction with a larger effort to 
decontrol the export of sensitive military equipment.
  In addition, I am concerned that these agreements were negotiated as 
treaties largely as a means to avoid congressional scrutiny. The House 
Foreign Affairs Committee has carefully investigated our arms export 
control regime and expressed concern about early attempts to provide a 
statutory waiver in these cases. In response to these concerns, the 
Bush administration sought to do an end run around the House of 
Representatives by negotiating the waivers as treaties. Further, it 
sought to limit Senate oversight by arguing that no implementation 
legislation was needed to ensure that these treaties are enforceable. I 
regret that the Obama administration took the same position.
  I was pleased that Senator Lugar took the time to carefully draft 
implementing legislation that will ensure some bicameral oversight of 
these treaties. However, while this addresses some of my concerns, it 
leaves many questions unanswered. This approach should not become the 
norm. I urge the administration to rely on the regular legislative 
process to address any future, perceived deficiencies in our arms 
export regime.

                          ____________________