[Congressional Record (Bound Edition), Volume 145 (1999), Part 10]
[Senate]
[Pages 13741-13756]
[From the U.S. Government Publishing Office, www.gpo.gov]



   FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2000 AND 2001--
                               Continued


                           Amendment No. 692

  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. HELMS. Mr. President, how many minutes are assigned to the 
distinguished Senator?
  The PRESIDING OFFICER. On the Feingold amendment, 5 minutes equally 
divided--amendment No. 692.
  Mr. HELMS. And Senator Lugar has some time?
  The PRESIDING OFFICER. It is 5 minutes equally divided. Senator Lugar 
would have 2\1/2\ minutes.
  Mr. HELMS. I thank the Chair.
  I see both Senators on the floor.
  The PRESIDING OFFICER. The Senator from Wisconsin.


                         Privilege Of The Floor

  Mr. FEINGOLD. Mr. President, I ask unanimous consent that Anne 
Alexander, a fellow in my office, be accorded the privilege of the 
floor during the remainder of the debate on the State Department 
authorization bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FEINGOLD. Mr. President, before my time begins, I ask unanimous 
consent to add the Senator from North Dakota, Mr. Dorgan, as a 
cosponsor of my amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. FEINGOLD. Mr. President, my amendment does not kill the National 
Endowment for Democracy, nor does it cut off one penny from its budget. 
Rather, this amendment reforms the grant-making process of the NED.
  The NED seeks to promote democracy around the world. I believe it is 
only just and fair that its grant-making process be open and 
competitive on a level playing field for all applicants. Mr. President, 
65 percent of NED's grant money is automatically allocated to four so-
called ``core grantees,'' while everyone else has to compete for the 
remaining 35 percent of the budget. I really do not think this is fair.
  The core grantees have done good work in promoting democracy abroad, 
but are the programs sponsored by the core grantees so superior to all 
the other programs we have that we must assume they should 
automatically get the full 65 percent while everyone else has to 
compete for a much smaller piece of the pie?
  My amendment does not cut funding for the NED or even necessarily for 
these four grantee groups. It just phases out, over a 5-year period, 
the automatic bonanza these groups get

[[Page 13742]]

every year. This amendment will simply level the playing field so these 
groups have to compete for funding like everybody else.
  So I urge my colleagues to understand this does not cut a penny. It 
does not change the basic mission. It just says we have reached the 
point, with these taxpayers' dollars, where it really should be phased 
down to the point where everything is done on a competitive basis.
  I urge my colleagues to support the amendment.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. LUGAR. Mr. President, I rise to oppose the amendment of the 
distinguished Senator from Wisconsin.
  The National Endowment for Democracy for the last 18 years has made 
grants to organizations all over the world to boost democracy in the 
most critical areas. It came about during the Reagan administration, in 
which the genius of the plan, of pulling together representatives of 
the Republican Party, the Democratic Party, the National Chamber of 
Commerce, and AFL-CIO, brought checks and balances within our own 
political spectrum but outside the State Department, outside the 
Government. For the last 18 years, these grants have not been 
politicized. As a matter of fact, as there are areas of concern that 
come to the board of the National Endowment, each of the four groups is 
asked to meet the challenge, to offer alternatives competitively for 
peer review, and then review by staff, and finally votes by members.
  I have been privileged to serve for the last 8 years on the board of 
the National Endowment for Democracy. At each meeting I have examined 
over 100 of these grants. They come, each time, with really superior 
effort by four entities we can count on, the two party institutes in 
the Chamber and the labor people of this country.
  I see no need to amend that process. It is a process that has worked 
well. It is a process that has not been politicized. It has a good 
track record. If the Senator's amendment is adopted, we will inevitably 
have a fairly large bureaucracy of people sifting through grants from 
all sources.
  Grants do come from some 250 different entities and formulate at 
least a third of the grants that are awarded by the board. Some of 
these are worthy and some are not so worthy, but we can count upon 
quality of response, and I think that is important. It is a situation 
of trying to fix something that is not broke, and I hope Senators will 
resist that impulse. There is not a compelling need for change. The 
amendment did not have any type of airing in a hearing for examination 
and for testimony by witnesses on either or all sides.
  Mr. BIDEN. Will the Senator yield for 5 seconds?
  Mr. LUGAR. Yes.
  Mr. BIDEN. I agree with the Senator from Indiana and suggest it has 
the added benefit of taking four groups on different ideological ends 
of the spectrum and having them cooperate, work together. It has a 
salutary impact on how they function relative to one another overall.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. HELMS. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. MOYNIHAN. Mr. President, the Feingold amendment to the State 
Department authorization bill would have the effect of diminishing the 
standing enjoyed by the four principal grantees--and partners--of the 
National Endowment for Democracy.
  When the Endowment was established in 1983, the Congress envisioned 
that four core grantees would be established along with the NED to 
carry out its mission--the National Democratic Institute (NDI), the 
International Republican Institute (IRI), the Center for International 
Private Enterprise (CIPE) affiliated with the U.S. Chamber of Commerce 
and the AFL-CIO's Solidarity Center. The reason for this decentralized 
approach was a belief--shared by leading Democrats and Republicans 
alike--that the promotion of democracy is an enduring American interest 
and that representatives of American civil society would be better able 
than government officials to help their counterparts--political 
parties, labor movements, business associations and civic groups--that 
are struggling to build democratic systems in their own countries. 
Private organizations doing private work in the public interest ought 
to be supported and expanded by federal funding.
  The National Endowment for Democracy has been debated on this floor 
on numerous occasions, most recently at some length in 1997, after 
which the Senate voted 72 to 27 to reaffirm its support for the 
Endowment and its programs. Along with successive Administrations--
including those of Presidents Reagan, Bush and Clinton alike--this body 
has consistently voiced its support for the mission and unique 
contribution to the spread of democracy by this organization.
  The Feingold amendment would eliminate the concept of the ``core 
grantees'' of the Endowment which is the heart of the operational 
premise that the NED embodies. While the amendment purports to make the 
Endowment more efficient and effective by making all NED grants 
competitive, it would actually have the opposite effect. If passed, the 
amendment's unintended consequence would be to create a centralized, 
bureaucratic structure that would severely weaken the NED, and slow the 
responsiveness of the core grantees. It would also oblige the 
Republican and Democratic institutes to compete with one another for 
the same funding, so instead of working in tandem to promote American 
ideals abroad, they would be set at odds with each other. The same 
would happen with the institutes for business and labor: conflict, 
rather then comity. The harmonious package of programs would be 
dissolved--for no apparent reason.
  The Endowment is a cost effective initiative that works. Anyone who 
has taken the time to examine the activities of the Endowment's core 
grantees or talked with the beneficiaries of their work in places like 
Northern Ireland, Nigeria, Indonesia, Cuba and Bosnia, would agree.
  The NED should be encouraged to continue this mission, which reflects 
the noblest American political tradition and serves the strategic 
interests of the United States. It should not be hamstrung by the new 
and unwarranted restrictions that are proposed in this amendment.
  It was the decision by the Congress that there should be four 
principal grantees of the Endowment because they each have a unique 
contribution to make in promoting democracy. This was a correct 
decision, and the core grantees should continue to be seen as different 
from other grantees and an integral part of the Endowment. If we should 
now change the Endowment's fundamental premise, the ability of these 
core grantees to respond quickly to democratic openings will be 
undermined.
  It has been suggested that under the current arrangement the work of 
the core grantees is not subject to adequate scrutiny because the 
Endowment each year sets aside a modest allocation of funding for each 
of their programs. This allocation--of 4.1 million for each institute's 
global array of programs--does not mean that they get a free ride or a 
blank check. It is important to note that every single one of the over 
200 grants awarded annually by the Endowment is strictly reviewed by 
program and financial staff and by a distinguished bipartisan Board of 
Directors currently chaired by the distinguished former congressman 
from Indiana, Dr. John Brademas. This is true regardless of whether the 
grantee is one of the four core grantees or not. The core grantees are 
covered by the same reporting and evaluation requirements that effect 
all grantees. Let us leave the decision-making for the allocation of 
funding in the very able hands of the Endowment's Board of Directors, 
which includes some of the most accomplished international affairs 
strategists and democrats in the United States.

[[Page 13743]]

  This body frequently earmarks organizations that it believes should 
receive public support. There is nothing wrong nor nefarious in this 
approach. I hope the Senate will take this opportunity to reaffirm its 
strong support for the work of the four institutes associated with the 
Endowment--the republican and democratic party institutes, and those 
associated with the labor movement and the business community--by 
voting No on the Feingold amendment.
  This amendment seeks to fix something that is not broken. The 
amendment will not improve the Endowment, but to weaken its unique 
capacity to be flexible, responsive and effective. The last thing we 
should do is to hastily tinker with the internal workings of this 
important institution without any serious examination of the supposed 
problems this amendment is meant to address.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
692. The yeas and nays have been ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Arizona (Mr. McCain) is 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 23, nays 76, as follows:

                      [Rollcall Vote No. 179 Leg.]

                                YEAS--23

     Baucus
     Bingaman
     Boxer
     Bryan
     Dorgan
     Durbin
     Edwards
     Feingold
     Fitzgerald
     Grams
     Gregg
     Helms
     Hollings
     Johnson
     Kohl
     Lincoln
     Nickles
     Reid
     Smith (NH)
     Specter
     Thurmond
     Wellstone
     Wyden

                                NAYS--76

     Abraham
     Akaka
     Allard
     Ashcroft
     Bayh
     Bennett
     Biden
     Bond
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cleland
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Enzi
     Feinstein
     Frist
     Gorton
     Graham
     Gramm
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Kennedy
     Kerrey
     Kerry
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Moynihan
     Murkowski
     Murray
     Reed
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Stevens
     Thomas
     Thompson
     Torricelli
     Voinovich
     Warner

                             NOT VOTING--1

       
     McCain
       
  The amendment (No. 692) was rejected.
  Mr. HELMS. Mr. President, I move to reconsider the vote.
  Mr. BIDEN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                 Amendment Nos. 705 through 731 En Bloc

  Mr. HELMS. Mr. President, we have an agreement on both sides for a 
managers' package of amendments, which I send to the desk, including 
amendments by Senator Biden and myself and Senators Abraham and Grams, 
Kennedy, Durbin, Leahy, Moynihan, Reid, Bingaman, Thomas, Biden and 
Roth, two amendments by Senator Lugar, Senators McCain, Schumer and 
Brownback, Mack and Lieberman, Grams and Wellstone, Dodd, Ashcroft, 
Harkin, Feingold, and Feinstein.
  This package of amendments has been agreed to under a previous order.
  The PRESIDING OFFICER (Mr. Crapo). The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from North Carolina (Mr. Helms), for himself 
     and Mr. Biden, Mr. Abraham and Mr. Grams, Mr. Kennedy, Mr. 
     Durbin, Mr. Leahy, Mr. Moynihan, Mr. Reid, Mr. Bingaman, Mr. 
     Thomas, Mr. Biden and Mr. Roth, Mr. Lugar, Mr. McCain, Mr. 
     Schumer and Mr. Brownback, Mr. Mack and Mr. Lieberman, Mr. 
     Grams and Mr. Wellstone, Mr. Dodd, Mr. Ashcroft, Mr. Harkin, 
     Mr. Feingold, and Mrs. Feinstein, proposes amendments 
     numbered 705 through 731 en bloc.

  The amendments (Nos. 705 through 731) en bloc are as follows:
  (The text of amendment No. 705 is printed in today's Record under 
``Amendments Submitted.'')


                           amendment no. 706

            (Purpose: To amend the short title of the bill)

       On page 2, strike lines 3 and 4 and insert ``Admiral James 
     W. Nance Foreign Relations Authorization Act, Fiscal Years 
     2000 and 2001''.
                                  ____



                           amendment no. 707

 (Purpose: To require that the representative of the United States to 
the Vienna office of the United Nations also serve as representative of 
      the United States to the International Atomic Energy Agency)

       On page 141, between lines 4 and 5, insert the following 
     new section:

     SEC. 825. UNITED STATES REPRESENTATION AT THE INTERNATIONAL 
                   ATOMIC ENERGY AGENCY.

       (a) Amendment to the United Nations Participation Act of 
     1945.--Section 2(h) of the United Nations Participation Act 
     of 1945 (22 U.S.C. 287(h)) is amended by adding at the end 
     the following new sentence: "The representative of the United 
     States to the Vienna office of the United Nations shall also 
     serve as representative of the United States to the 
     International Atomic Energy Agency.''.
       (b) Amendment to the IAEA Participation Act of 1957.--
     Section 2(a) of the International Atomic Energy Agency 
     Participation Act of 1957 (22 U.S.C. 2021(a)) is amended by 
     adding at the end the following new sentence: ``The 
     Representative of the United States to the Vienna office of 
     the United Nations shall also serve as representative of the 
     United States to the Agency.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to individuals appointed on or after the 
     date of enactment of this Act.
                                  ____



                           amendment no. 708

   (Purpose: To provide a clarification of an exception to national 
            security controls on satellite export licensing)

       On page 96, after line 21, add the following new section:

     SEC.  __. CLARIFICATION OF EXCEPTION TO NATIONAL SECURITY 
                   CONTROLS ON SATELLITE EXPORT LICENSING.

       Section 1514(b) of Public Law 105-261 is amended by 
     striking all that follows after ``Exception.--'' and 
     inserting the following: ``Subsections (a)(2), (a)(4), and 
     (a)(8) shall not apply to the export of a satellite or 
     satellite-related items for launch in, or by nationals of, a 
     country that is a member of the North Atlantic Treaty 
     Organization (NATO) or that is a major non-NATO ally (as 
     defined in section 644(q) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2403(q)) of the United States unless, in each 
     instance of a proposed export of such item, the Secretary of 
     State, in consultation with the Secretary of Defense, first 
     provides a written determination to the Committee on Foreign 
     Relations of the Senate and the Committee on International 
     Relations of the House of Representatives that it is in the 
     national security or foreign policy interests of the United 
     States to apply the export controls required under such 
     subsections.''.
                                  ____



                           amendment no. 709

  (Purpose: To extend the use of the Foreign Service personnel system)

       On page 43, between lines 8 and 9, insert the following new 
     section:

     SEC. 323. EXTENSION OF USE OF FOREIGN SERVICE PERSONNEL 
                   SYSTEM.

       Section 202(a) of the Foreign Service Act of 1980 (22 
     U.S.C. 3922(a)) is amended by adding at the end the following 
     new paragraph:
       ``(4)(A) Whenever (and to the extent) the Secretary of 
     State considers it in the best interests of the United States 
     Government, the Secretary of State may authorize the head of 
     any agency or other Government establishment (including any 
     establishment in the legislative or judicial branch) to 
     appoint under section 303 individuals described in 
     subparagraph (B) as members of the Service and to utilize the 
     Foreign Service personnel system with respect to such 
     individuals under such regulations as the Secretary of State 
     may prescribe.
       ``(B) The individuals referred to in subparagraph (A) are 
     individuals hired for employment abroad under section 
     311(a).''.
                                  ____



                           amendment no. 710

  (Purpose: To require an annual financial audit of the United States 
      section of the International Boundary and Water Commission)

       On page 141, between lines 4 and 5, insert the following 
     new section:

     SEC. 825. ANNUAL FINANCIAL AUDITS OF UNITED STATES SECTION OF 
                   THE INTERNATIONAL BOUNDARY AND WATER 
                   COMMISSION.

       (a) In General.--An independent auditor shall annually 
     conduct an audit of the financial statements and accompanying 
     notes to the financial statements of the United States 
     Section of the International Boundary and Water Commission, 
     United States and Mexico (in this section referred to as the

[[Page 13744]]

     ``Commission''), in accordance with generally accepted 
     Government auditing standards and such other procedures as 
     may be established by the Office of the Inspector General of 
     the Department of State.
       (b) Reports.--The independent auditor shall report the 
     results of such audit, including a description of the scope 
     of the audit and an expression of opinion as to the overall 
     fairness of the financial statements, to the International 
     Boundary and Water Commission, United States and Mexico. The 
     financial statements of the Commission shall be presented in 
     accordance with generally accepted accounting principles. 
     These financial statements and the report of the independent 
     auditor shall be included in a report which the Commission 
     shall submit to the Congress not later than 90 days after the 
     end of the last fiscal year covered by the audit.
       (c) Review by the Comptroller General.--The Comptroller 
     General of the United States (in this section referred to as 
     the ``Comptroller General'') may review the audit conducted 
     by the auditor and the report to the Congress in the manner 
     and at such times as the Comptroller General considers 
     necessary. In lieu of the audit required by subsection (b), 
     the Comptroller General shall, if the Comptroller General 
     considers it necessary or, upon the request of the Congress, 
     audit the financial statements of the Commission in the 
     manner provided in subsection (b).
       (d) Availability of information.--In the event of a review 
     by the Comptroller General under subsection (c), all books, 
     accounts, financial records, reports, files, workpapers, and 
     property belonging to or in use by the Commission and the 
     auditor who conducts the audit under subsection (b), which 
     are necessary for purposes of this subsection, shall be made 
     available to the representatives of the General Accounting 
     Office designated by the Comptroller General.
                                  ____



                           amendment no. 711

 (Purpose: To require an examination of the feasibility of duplicating 
              the Embassy Paris Regional Outreach Centers)

       On page 66, line 12, strike ``and''.
       On page 66, line 17, strike the period and insert ``; 
     and''.
       On page 66, between lines 17 and 18, insert the following 
     new subparagraph:
       (F) examine the feasibility of opening new regional 
     outreach centers, modeled on the system used by the United 
     States Embassy in Paris, France, with each center designed to 
     operate--
       (i) at no additional cost to the United States Government;
       (ii) with staff consisting of one or two Foreign Service 
     officers currently assigned to the United States diplomatic 
     mission in the country in which the center is located; and
       (iii) in a region of the country with high gross domestic 
     product (GDP), a high density population, and a media market 
     that not only includes but extends beyond the region.
                                  ____



                           amendment no. 712

   (Purpose: Relating to the development of an automated entry-exit 
                 control system for the United States)

       At the end of title VII of the bill, insert the following:

             Subtitle C--United States Entry-Exit Controls

     SEC. 732. AMENDMENT OF THE ILLEGAL IMMIGRATION REFORM AND 
                   IMMIGRANT RESPONSIBILITY ACT OF 1996.

       (a) In General.--Section 110(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1221 note) is amended to read as follows:
       ``(a) System.--
       ``(1) In general.--Subject to paragraph (2), not later than 
     2 years after the date of enactment of this Act, the Attorney 
     General shall develop an automated entry and exit control 
     system that will--
       ``(A) collect a record of departure for every alien 
     departing the United States and match the record of departure 
     with the record of the alien's arrival in the United States; 
     and
       ``(B) enable the Attorney General to identify, through 
     online searching procedures, lawfully admitted nonimmigrants 
     who remain in the United States beyond the period authorized 
     by the Attorney General.
       ``(2) Exception.--The system under paragraph (1) shall not 
     collect a record of arrival or departure--
       ``(A) at a land border or seaport of the United States for 
     any alien; or
       ``(B) for any alien for whom the documentary requirements 
     in section 212(a)(7)(B) of the Immigration and Nationality 
     Act have been waived by the Attorney General and the 
     Secretary of State under section 212(d)(4)(B) of the 
     Immigration and Nationality Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
     546).

     SEC. 733. REPORT ON AUTOMATED ENTRY-EXIT CONTROL SYSTEM.

       (a) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary of the Senate and 
     the House of Representatives on the feasibility of developing 
     and implementing an automated entry-exit control system that 
     would collect a record of departure for every alien departing 
     the United States and match the record of departure with the 
     record of the alien's arrival in the United States, including 
     departures and arrivals at the land borders and seaports of 
     the United States.
       (b) Contents of Report.--Such report shall--
       (1) assess the costs and feasibility of various means of 
     operating such an automated entry-exit control system, 
     including exploring--
       (A) how, if the automated entry-exit control system were 
     limited to certain aliens arriving at airports, departure 
     records of those aliens could be collected when they depart 
     through a land border or seaport; and
       (B) the feasibility of the Attorney General, in 
     consultation with the Secretary of State, negotiating 
     reciprocal agreements with the governments of contiguous 
     countries to collect such information on behalf of the United 
     States and share it in an acceptable automated format;
       (2) consider the various means of developing such a system, 
     including the use of pilot projects if appropriate, and 
     assess which means would be most appropriate in which 
     geographical regions;
       (3) evaluate how such a system could be implemented without 
     increasing border traffic congestion and border crossing 
     delays and, if any such system would increase border crossing 
     delays, evaluate to what extent such congestion or delays 
     would increase; and
       (4) estimate the length of time that would be required for 
     any such system to be developed and implemented.

     SEC. 734. ANNUAL REPORTS ON ENTRY-EXIT CONTROL AND USE OF 
                   ENTRY-EXIT CONTROL DATA.

       (a) Annual Reports on Implementation of Entry-Exit Control 
     at Airports.--Not later than 30 days after the end of each 
     fiscal year until the fiscal year in which the Attorney 
     General certifies to Congress that the entry-exit control 
     system required by section 110(a) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996, as amended 
     by section 732 of this Act, has been developed, the Attorney 
     General shall submit to the Committees on the Judiciary of 
     the Senate and the House of Representatives a report that--
       (1) provides an accurate assessment of the status of the 
     development of the entry-exit control system;
       (2) includes a specific schedule for the development of the 
     entry-exit control system that the Attorney General 
     anticipates will be met; and
       (3) includes a detailed estimate of the funding, if any, 
     needed for the development of the entry-exit control system.
       (b) Annual Reports on Visa Overstays Identified Through the 
     Entry-Exit Control System.--Not later than June 30 of each 
     year, the Attorney General shall submit to the Committees on 
     the Judiciary of the Senate and the House of Representatives 
     a report that sets forth--
       (1) the number of arrival records of aliens and the number 
     of departure records of aliens that were collected during the 
     preceding fiscal year under the entry-exit control system 
     under section 110(a) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996, as so amended, with a 
     separate accounting of such numbers by country of 
     nationality;
       (2) the number of departure records of aliens that were 
     successfully matched to records of such aliens' prior arrival 
     in the United States, with a separate accounting of such 
     numbers by country of nationality and by classification as 
     immigrant or nonimmigrant; and
       (3) the number of aliens who arrived as nonimmigrants, or 
     as visitors under the visa waiver program under section 217 
     of the Immigration and Nationality Act, for whom no matching 
     departure record has been obtained through the system, or 
     through other means, as of the end of such aliens' authorized 
     period of stay, with an accounting by country of nationality 
     and approximate date of arrival in the United States.
       (c) Incorporation Into Other Databases.--Information 
     regarding aliens who have remained in the United States 
     beyond their authorized period of stay that is identified 
     through the system referred to in subsection (a) shall be 
     integrated into appropriate databases of the Immigration and 
     Naturalization Service and the Department of State, including 
     those used at ports-of-entry and at consular offices.

  Mr. ABRAHAM. Mr. President, I rise to thank Senator Helms and Senator 
Biden for accepting as part of S. 886, the Foreign Relations 
Authorization Act, my amendment to remove the requirement that an 
automated entry-exit program be established at land and sea ports and 
replace that with a required feasibility study to be completed within 1 
year. This amendment would correct a significant error made in the 1996 
Immigration Act that if left uncorrected will cause a significant loss 
of U.S. jobs in export and tourist

[[Page 13745]]

industries, and would also significantly harm our relations with Canada 
and Mexico.
  This amendment is the same as legislation that passed the Senate in 
two forms last year, with the sole exception of provisions related to 
the U.S. Customs Service, which were removed at the request of the 
Finance Committee because it has scheduled a series of oversight 
hearings on the Customs Service, which is also up for reauthorization 
this year, and the removal of authorizations for the INS. Last year, 
the legislation passed the Senate first by unanimous consent as a stand 
alone bill (S. 1360) and second, as part of the Commerce, Justice, 
State appropriations bill.
  Section 110 of the 1996 Immigration Act mandated that an automated 
system be established to record the entry and exit of all aliens as a 
means to provide more information on individuals who ``over stay'' 
their visas. However, this well-intentioned government program, if 
implemented, would be quite disastrous. Today, when INS or Customs 
officials inspect people at land borders, they examine papers as 
necessary and make quick determinations, using their discretion on when 
to inspect further or solicit more information. If every single 
passenger of every single vehicle was required to provide potentially 
voluminous information and be entered into a computer--even assuming an 
incredibly quick 30 seconds per individual--the traffic delays would 
exceed 20 hours in numerous jurisdictions at both the northern and 
southern borders. This would create a human, economic, and even 
environmental nightmare in both directions. Last year, Congress delayed 
implementation of this program until March 30, 2001. But after that 
date, the crisis will begin.
  In 1996, the House version of the omnibus immigration bill contained 
a measure simply to establish pilot projects to collect entry and 
departure records at fewer than a handful of airports. The Senate bill 
contained a general provision to require an automated entry-exit 
system--but also only at airports. Then, in conference, without any 
debate, a mandatory entry-exit system to capture the records of ``every 
alien'' was added.
  Representative Smith and Senator Simpson, to their credit, conceded 
in a letter to the Canadian Ambassador that it was not the intent of 
the 1996 Act to cover, for example, Canadians at the northern border. 
However, because of the term ``every alien,'' the INS has interpreted 
the law to require this program to be implemented at all land borders, 
in addition to air and sea ports of entry. To the credit of the INS, it 
concedes that it cannot implement such a system and the agency 
questions what it will do if it is forced to do so.
  The Congress itself never considered such a system. That the 
legislative proposal was changed fundamentally in conference is clear. 
As Judiciary Committee Chair Orrin Hatch has stated, ``I think that we 
have all come to realize that section 110 of the 1996 Act [was] 
inserted in conference with little or no record, [and] no consideration 
or debate. It was well intended, there is no question, but I think 
poorly constructed.''
  I would like to thank Senators Kennedy, Grams, Leahy, Burns, McCain, 
Gorton, Craig, Murkowski, Murray, Jeffords, Snowe, Smith of Oregon, 
Dorgan, Levin, Moynihan, Schumer, Mack, Durbin, and Hagel for 
cosponsoring this amendment and for their support along the way on this 
battle to prevent the major disruptions that Section 110 would cause to 
our economy and our international relations. I would particularly like 
to express my appreciation for the leadership on this amendment 
displayed by Senator Grams and his staff, who are trying to save jobs 
for the people of Minnesota that would be lost if this automated entry-
exit system came into effect at the northern border. Mr. President, I 
yield the floor.


                           AMENDMENT NO. 713

     (Purpose: To require reports with respect to the holding of a 
                     referendum on Western Sahara)

       On page 115, after line 18, add the following new section:

     SEC.  . REPORTS WITH RESPECT TO A REFERENDUM ON WESTERN 
                   SAHARA.

       (a) Reports Required.--
       (1) In general.--Not later than each of the dates specified 
     in paragraph (2), the Secretary of State shall submit a 
     report to the appropriate congressional committees describing 
     specific steps being taken by the Government of Morocco and 
     by the Popular Front for the Liberation of Saguia el-Hamra 
     and Rio de Oro (POLISARIO) to ensure that a free, fair, and 
     transparent referendum in which the people of the Western 
     Sahara will choose between independence and integration with 
     Morocco will be held by July 2000.
       (2) Deadlines for submission of reports.--The dates 
     referred to in paragraph (1) are January 1, 2000, and June 1, 
     2000.
       (b) Report Elements.--The report shall include--
       (1) a description of preparations for the referendum; 
     including the extent to which free access to the territory 
     for independent international organizations, including 
     election servers and international media, will be guaranteed.
       (2) a description of current efforts by the Department of 
     State to ensure that a referendum will be held by July 2000;
       (3) an assessment of the likelihood that the July 2000 date 
     will be met;
       (4) a description of obstacles, if any, to the voter-
     registration process and other preparations for the 
     referendum, and efforts being made by the parties and the 
     United States Government to overcome those obstacles; and
       (5) an assessment of progress being made in the 
     repatriation process.

                             Western Sahara

  Mr. KENNEDY. Mr. President, I'm delighted that the managers' 
amendment includes the provision Senator Gordon Smith, Senator Leahy, 
and I sponsored to require the State Department to report on progress 
on the July 2000 referendum in the Western Sahara, and I commend 
Senators Helms and Biden for including this provision in the managers' 
amendment.
  Since 1988, the United Nations has sought to organize a free, fair, 
and open referendum on self-determination for the people of the Western 
Sahara, the former Spanish colony that Morocco has illegally occupied 
since 1975.
  The International Court of Justice, the Organization of African 
Unity, the United States, and many other nations throughout the world 
have not recognized Morocco's claim to the area. However, Morocco's 
occupation continues. Tens of thousands of the Sahrawi people languish 
in refugee camps in southern Algeria and have been denied the 
opportunity to determine their own future.
  A U.N. referendum was originally scheduled for 1992. It has since 
been delayed many times, primarily due to the resistance of the 
Government of Morocco.
  In the 1997 Houston Accords, achieved under the leadership of former 
Secretary of State James Baker, and in a U.N. plan last December, the 
international community called for the conclusion of the voter 
registration process and a referendum. Morocco subsequently agreed to 
allow the referendum to occur by July 2000.
  I know the Administration shares our interest in resolving this long-
standing dispute. The State Department should make it clear to both 
parties to this dispute that our government expects the people of the 
Western Sahara to be allowed to exercise their right to self-
determination in a free, fair, and open referendum by July 2000.
  Morocco has been a faithful ally of the United States for more than 
200 years, but its refusal to allow the people of the Western Sahara to 
determine their own political future undercuts America's efforts to 
promote democratic principles worldwide.
  The United States can play a constructive role in promoting a 
resolution of this dispute. To promote that objective, the provision 
included in the managers' amendment would require the State Department 
to report on January 1, 2000 and again on June 1, 2000 on specific 
steps being taken by the Government of Morocco and by the Popular Front 
for the Liberation of Saguia el-Hamra and Rio de Oro (POLISARIO) to 
ensure that a free, fair, and open referendum in which the people of 
the Western Sahara will choose between independence and integration 
with Morocco will be held by July 2000.
  The reports will include a description of preparations for the 
referendum, including the extent to which free access

[[Page 13746]]

to the territory for independent and international organizations, 
including election observers and international media, will be 
guaranteed. Human rights organizations and other international 
organizations must be allowed to observe the referendum.
  The reports will also include a description of current efforts by the 
Department of State to ensure that a referendum will be held by July 
2000 and an assessment of the likelihood that the July 2000 date will 
be met.
  They will also include a description of obstacles, if any, to the 
voter registration process and other preparations for the referendum, 
and efforts being made by the parties and the United States Government 
to overcome those obstacles. Finally, the reports will include an 
assessment of progress being made in the repatriation process.
  A solution to the conflict over the Western Sahara will enhance 
security and stability in Northern Africa. After more than ten years of 
delay, the people of the Western Sahara should be permitted to 
determine for themselves who will govern them. I look forward to that 
day, and I commend my colleagues for including this provision in the 
bill.


                           AMENDMENT NO. 714

(Purpose: To require the designation of a senior-level State Department 
                   official for Northeastern Europe)

       On page 35, between lines 7 and 8, insert the following new 
     section:

     SEC. 302. STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE.

       The Secretary of State shall designate an existing senior-
     level official of the Department of State with responsibility 
     for promoting regional cooperation in and coordinating United 
     States policy toward Northeastern Europe.

               policy coordinator for northeastern europe

  Mr. DURBIN. Mr. President, the State Department has been working to 
promote regional cooperation in Northeastern Europe. The idea behind 
this policy is more fully to integrate the Baltic countries into Europe 
and overcome cold war divisions to promote stability in the region. I 
support this approach, and I want to see it institutionalized at the 
State Department by designating a senior-level official with 
responsibility for coordinating policy toward Northeastern Europe.
  This policy of integration also reduces tensions, since regional 
cooperation that includes Russia's northwestern regions gives Russia a 
stake in regional stability. The policy will also show Russia that it 
need not feel threatened by the integration of the Baltic States into 
European institutions. The Baltic countries have increased their ties 
with the northwestern Russian regions, much the way Canada has ties 
with the border states of the United States. The Baltic States benefit 
as well from regional cooperation with the Nordic countries, further 
cementing the Baltic nations as part of Europe.
  It is mutually beneficial for the all the Northeastern European 
countries to address regional problems, such as environmental problems 
caused by the former Soviet Union, or burgeoning crime and drug 
smuggling from the Russian mafia.
  The Northern European Initiative announced in 1997 is just one 
example of this policy. It fosters regional cooperation and cross-
border ties, relying on the private sector and nongovernmental 
organizations, as well as governments, in the areas of trade and 
investment, institution building, law enforcement, nuclear waste 
control, and the development of civil society, among others. Another 
positive step was the signing of the Baltic Charter in 1998 that 
strengthens Baltic bilateral ties and ties with the United States and 
addresses Baltic security concerns. Regional organizations have been 
set up, including BALTSEA, to coordinate military assistance, as well 
as several joint Baltic efforts at defense cooperation.
  The State Department has set out on an ambitious agenda that I think 
is going in a very positive direction. However, I am afraid other 
crises and problems, for instance the many issues that will come up in 
Southeastern Europe following the crisis in Kosovo, will divert the 
Department's attention from this policy and cause it to lose steam. 
Therefore, I am offering this amendment to direct the Secretary to 
designate an existing senior-level State Department official with 
responsibility for coordinating policy toward Northeastern Europe. The 
way this assignment of responsibility would fit in the State 
Department's structure is up to the Secretary.
  I also want to make clear that I mean no criticism of the Assistant 
Secretary for European Affairs by proposing this amendment. On the 
contrary, I think he has done an extraordinarily good job in pursuing 
the integration of Northeastern Europe. But with all of Europe on his 
mind, I think it would only further the aims of the bureau to be sure 
that a senior-level official is designated to coordinate and promote 
this policy.
  I appreciate the support of Senator Helms and Senator Biden, and 
understand that this amendment has been added to the manager's package.


                           amendment no. 715

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


                    self-determination in east timor

       Sec.  . (a) Findings.--The Congress finds as follows:
       (1) On May 5, 1999 the Governments of Indonesia and 
     Portugal signed an agreement that provides for an August 8, 
     1999 ballot organized by the United Nations on East Timor's 
     political status;
       (2) On June 22, 1999 the ballot was rescheduled for August 
     21 or 22 due to concerns that the conditions necessary for a 
     free and fair vote could not be established prior to August 
     8;
       (3) On January 27, 1999, President Habibie expressed a 
     willingness to consider independence for East Timor if a 
     majority of the East Timorese reject autonomy in the August 
     ballot;
       (4) Under the May 5th agreement the Government of Indonesia 
     is responsible for ensuring that the August ballot is carried 
     out in a fair and peaceful way in an atmosphere free of 
     intimidation, violence or interference;
       (5) The inclusion of anti-independence militia members in 
     Indonesian forces responsible for establishing security in 
     East Timor violates the May 5th agreement which states that 
     the absolute neutrality of the military and police is 
     essential for holding a free and fair ballot;
       (6) The arming of anti-independence militias by members of 
     the Indonesian military for the purpose of sabotaging the 
     August ballot has resulted in hundreds of civilians killed, 
     injured or disappeared in separate attacks by these militias 
     who continue to act without restraint;
       (7) The United Nations Secretary General has received 
     credible reports of political violence, including 
     intimidation and killings, by armed anti-independence 
     militias against unarmed pro-independence civilians;
       (8) There have been killings of opponents of independence, 
     including civilians and militia members;
       (9) The killings in East Timor should be fully investigated 
     and the individuals responsible brought to justice;
       (10) Access to East Timor by international human rights 
     monitors and humanitarian organizations is limited, and 
     members of the press have been threatened;
       (11) The presence of members of the United Nations 
     Assistance Mission in East Timor has already resulted in an 
     improved security environment in the East Timorese capital of 
     Dili;
       (12) A robust international observer mission and police 
     force throughout East Timor is critical to creating a stable 
     and secure environment necessary for a free and fair ballot;
       (13) The Administration should be commended for its support 
     for the United Nations Assistance Mission in East Timor which 
     will provide monitoring and support for the ballot and 
     include international civilian police, military liaison 
     officers and election monitors;
       (b) Policy.--(1) The President, Secretary of State, 
     Secretary of Defense, and the Secretary of the Treasury 
     (acting through the United States executive directors to 
     international financial institutions) should immediately 
     intensify their efforts to prevail upon the Indonesian 
     Government and military to--
       (A) disarm and disband anti-independence militias;
       (B) grant full access to East Timor by international human 
     rights monitors, humanitarian organizations, and the press;
       (C) allow Timorese who have been living in exile to return 
     to East Timor to participate in the ballot; and
       (2) the President should submit a report to the Congress 
     not later than 21 days after passage of this Act, containing 
     a description of the Administration's efforts and his 
     assessment of steps taken by the Indonesian Government and 
     military to ensure a stable and secure environment in East 
     Timor, including those steps described in paragraph (1).


[[Page 13747]]

                    self-determination in east timor

  Mr. LEAHY. Mr. President, today I am offering an amendment in support 
of a peaceful process of self-determination in East Timor. I am pleased 
that Senators Feingold, Reed, McConnell, Harkin, Moynihan, Chafee, 
Kohl, Jeffords, Kennedy, Kerry, Feinstein, Murray, Schumer, Boxer, 
Durbin, Wellstone, and Wyden are cosponsoring this amendment. Many of 
them have worked hard on this issue for as long as they have been in 
the United States Senate.
  I understand the amendment will be accepted.
  Mr. President, today, the Indonesian Government has an historic 
opportunity to resolve a conflict that has been the cause of suffering 
and instability for 23 years. It has made a commitment to vote on 
August 21 or 22, on East Timor's future, and recognized its 
responsibility to ensure that the vote is free and fair.
  On May 5th, when I introduced a similar resolution, I remarked on 
Indonesia's accomplishments in the past year: President Suharto 
relinquished power; the Indonesian Government endorsed a ballot on 
autonomy; and the United Nations, Portugal and Indonesia signed an 
agreement on the procedures for that vote.
  There has been more progress in the past month. Democratic elections 
have been held and the first members of an international observer 
mission and police force arrived in East Timor.
  The amendment that we are offering today recognizes many of the 
positive steps that have been taken. A year ago few people would have 
predicted that a settlement of East Timor's future would be in sight.
  But it also expresses our deep concern that August 21st is quickly 
approaching, and current conditions in East Timor are far from 
conducive to holding a free and fair ballot.
  Hundreds of civilians have been killed, injured or disappeared in 
ongoing violence by anti-independence militias armed by members of the 
Indonesian military for the purpose of sabotaging the vote.
  The inclusion of anti-independence members in Indonesian forces 
responsible for establishing security in East Timor threatens the 
neutrality of the military and police, and violates the terms of the 
May 5th agreement.
  International human rights monitors and humanitarian organizations 
continue to face problems gaining access to the island, and members of 
the press have been threatened.
  This amendment calls on the Secretary of State, the Secretary of 
Defense and the Secretary of the Treasury--acting through U.S. 
executive directors to international financial institutions--to 
immediately intensify their efforts to prevail upon the Indonesian 
Government to disarm and disband the anti-independence militias.
  We should be prepared to use all the resources at our disposal, 
including our voice and vote at the World Bank, the Asian Development 
Bank and other international financial institutions, to convince the 
Indonesians to stop the violence. This is not only their 
responsibility, it is in their best interests. If the Indonesian 
military succeeds in sabotaging the vote, Indonesia will face 
international condemnation.
  On June 11th, I and other Members of Congress sent a letter to World 
Bank President James Wolfensohn about the need for the World Bank to 
use its leverage with the Indonesian Government. I ask unanimous 
consent that the test of that letter be printed in the Record at the 
end of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered. (See 
exhibit 1.)
  Mr. LEAHY. Mr. President, the international community has recognized 
the urgency of this situation. An international monitoring and police 
presence throughout East Timor is critical to creating a secure 
environment.
  The Administration is shouldering its share of the costs of the UN 
monitors and police, and its members who arrived in East Timor several 
weeks ago already report some progress in stemming the violence.
  But far more needs to be done. It is time for the Indonesian 
Government and military to do their part--to act decisively to ensure 
that a free and fair vote can occur.
  This amendment reinforces what others have said and what the 
Indonesian Government has already committed to do. I thank the managers 
of the bill for accepting the amendment.

                               Exhibit 1


                                               Washington, DC,

                                                    June 11, 1999.
     Hon. James Wolfensohn,
     President, The World Bank,
     Washington, DC.
       Dear Jim: For many years, we have consistently raised 
     concerns about the failure of the Indonesian Government to 
     respect the human rights of the people of East Timor and to 
     allow them an opportunity to express their right of self-
     determination. We are writing to convey our deep concern 
     about the escalating violence in East Timor, which has put in 
     doubt the August 8th ballot on East Timor's political future.
       We have called on the Indonesian Government to stop 
     military and paramilitary violence which threatens to 
     undermine the vote, yet the threats and killings continue 
     unabated. United Nations officials, East Timorese leaders, 
     and members of the Catholic Church, including Bishop Belo, 
     blame the Indonesian military for intentionally seeking to 
     sabotage the vote. We have called on our own Administration 
     to work urgently to pressure Jakarta to take the steps 
     necessary for a free and fair vote.
       We believe it is now imperative that the international 
     financial institutions (IFIs), most importantly the World 
     Bank, make clear to the Indonesian Government that if the 
     August ballot is not free and fair, continued large scale 
     investment by the IFIs will be in jeopardy. Jakarta must be 
     convinced of what is at stake. If it fails to act decisively 
     to permit a free and fair vote, it will risk becoming a 
     pariah state. The government and army must abide by the May 
     5th UN-sponsored tripartite accord, most specifically by 
     stopping and disarming the anti-independence militias that 
     are using the weapons supplied to them by the Indonesian 
     military to intimidate and attack East Timorese civilians.
       We appeal to you to personally press the Indonesian 
     Government to create a secure environment for the August vote 
     and to prevent any efforts to restrict aid to East Timorese 
     who have been displaced by the militia violence.
       Thank you for your consideration.
           Sincerely,
       Patrick Leahy, U.S. Senator.
       Russell D. Feingold, U.S. Senator.
       Daniel Patrick Moynihan, U.S. Senator.
       Tom Harkin, U.S. Senator.
       Richard J. Durbin, U.S. Senator.
       Luis V. Gutierrez, Member of Congress.
       Patrick J. Kennedy, Member of Congress.
       Frank R. Wolf, Member of Congress.
       Edward M. Kennedy, U.S. Senator.
       Rod R. Blagojevich, Member of Congress.
       Nita M. Lowey, Member of Congress.
       Peter A. DeFazio, Member of Congress.
       Jack Reed, U.S. Senator.
       Albert Wynn, Member of Congress.
       Cynthia McKinney, Member of Congress.
       John Conyers, Member of Congress.
       Lane Evans, Member of Congress.
       Dennis Kucinich, Member of Congress.
       James McGovern, Member of Congress.
       Barney Frank, Member of Congress.
       Henry Waxman, Member of Congress.
  Mr. TORRICELLI. Mr. President, I rise today to express my support for 
a peaceful process of self-determination in East Timor. These are both 
exciting and troubling times in Indonesia as a whole, and the future of 
East Timor may be resolved in the coming months. President Habibie 
himself indicated that he would work toward resolution of East Timor's 
status by the end of the year.
  The recent Parliamentary elections in Indonesia proceeded peacefully, 
and virtually without incident. It appears as if a democratic 
transition will be forthcoming, and I am hopeful that the people of 
Indonesia remain committed to free and fair elections. While we have 
supported these elections, and encouraged a fair process, we 
simultaneously receive reports of increased social unrest. Clashes 
between Muslims and Christians in Ambon are only one indication of the 
tensions which underlie relations between different ethnic groups.
  The situation in East Timor has historically divided sympathies over 
an acceptable solution, and violent attacks in the region have become 
more prevalent since the beginning of the year. Evidence has indicated 
that anti-independence militias have been supported and armed by some 
members of the Indonesian military. The end result of such support can 
only be an increase in the political tensions and violence in East 
Timor. The militias have committed scores of human rights abuses 
against the ethnic East Timorese in an

[[Page 13748]]

effort to suppress any movement towards full independence in East 
Timor.
  It is as yet unclear how East Timor's status will ultimately be 
resolved. Solutions from greater autonomy within Indonesia to full 
independence are only two of the proposals that have been brought 
forward. The international community has sought to encourage an open 
decision process by the people of East Timor as to what their future 
status should hold, but the increased strength of the anti-independence 
militias threatens to undermine the process. In order for a free ballot 
to be held in the coming months, the United States must make an effort 
to ensure that the process is fair.
  I co-sponsored a resolution offered by Senator Leahy to encourage an 
open ballot on the question of East Timor, but this resolution also 
urges full access by international human rights monitors and the 
disbanding of the militias. Such steps are critical to the fair 
determination of East Timor's future, and I hope that this Congress 
will continue to show its support for the ballot process.
  Mr. REED. Mr. President, I rise today to express my support for 
Senator Leahy's amendment promoting peaceful self determination for the 
peoples of East Timor and bringing the attention of the United States 
to the long and difficult climb of the East Timorese towards democracy. 
I am pleased to join Senator Feingold as a cosponsor of this amendment 
which underscores the importance of the historic opportunity which the 
East Timorese face, and our duty to support them in their struggle for 
peace and self determination. The upcoming August vote, or 
consultation, on East Timorese autonomy is crucial, not only for the 
East Timorese people, but for America and for every nation that 
supports democracy and stands against the rule of terror and violence 
which has shaped twenty years of East Timorese history.
  The past year has witnessed extraordinary progress. The efforts of 
Portugal, the United Nations, the global community and the East 
Timorese leaders have been impressive. Combined with the willingness of 
the Indonesian government, these efforts have at last resulted in a 
plan for the peaceful and democratic determination of East Timor's 
political destiny. I would like to recognize all those whose courage 
and commitment have led us towards the August consultation, a 
consultation which will allow the East Timorese, at long last, to 
decide for themselves how they are to be governed.
  Nevertheless, much remains to be done. As great an achievement as the 
promised consultation may be, the future is far from certain. East 
Timor, already troubled by years of bloodshed, has seen even greater 
escalations in human rights abuses in recent months. Although it has 
already buried 200,000 people who have died violently since the 1975 
Indonesian invasion, East Timor continues to be riven by conflict. 
Organized campaigns of terror and intimidation have been aimed at East 
Timorese leaders and journalists who favor autonomy. Some international 
observers have reported that East Timorese have been systematically 
herded into camps in efforts to provide large blocs of pro-Indonesian 
votes in the August consultation. Militia activity, violence, and 
destruction continue unabated.
  If the violence in East Timor is to cease, the militias must be 
stripped of their weapons and disbanded. International observers will 
play a critical role, both in the course of the consultation and in the 
implementation of the results that follow. Only subjecting this process 
to the harsh light of international scrutiny can we hope to prevent 
East Timor's violent past from serving as prologue to an equally 
violent future. Without our active participation and support, the hope 
of a lasting peace in East Timor is in danger of being lost.
  Mr. President, this historic opportunity for peace must not be 
allowed to slip away. The United States has a proud tradition of 
championing those who seek freedom and democracy across the world. It 
is my hope that this amendment will encourage the United States to 
intensify efforts to ensure that the people of East Timor find peace at 
last.


                           amendment no. 716

  (Purpose: To allocate funds for scholarships for doctoral graduate 
study in the social sciences to nationals of the independent states of 
                        the former Soviet Union)

       On page 12, line 6, strike ``$7,000,000'' and insert 
     ``$5,000,000''.
       On page 12, between lines 19 and 20, insert the following:
       (c) Muskie Fellowship Doctoral Graduate Studies for 
     Nationals of the Independent States of the Former Soviet 
     Union.--
       (1) Allocation of funds.--Of the amounts authorized to be 
     appropriated under subsection (a)(1)(B), not less than 
     $2,000,000 for fiscal year 2000, and not less than $2,000,000 
     for fiscal year 2001, shall be made available to provide 
     scholarships for doctoral graduate study in the social 
     sciences to nationals of the independent states of the former 
     Soviet Union under the Edmund S. Muskie Fellowship Program 
     authorized by section 227 of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 
     note).
       (2) Requirements.--
       (A) Non-federal support.--Not less than 20 percent of the 
     costs of each student's doctoral study supported under 
     paragraph (1) shall be provided from non-Federal sources.
       (B) Home country residence requirement.--
       (i) Agreement for service in home country.--Before an 
     individual may receive scholarship assistance under paragraph 
     (1), the individual shall enter into a written agreement with 
     the Department of State under which the individual agrees 
     that after completing all degree requirements, or terminating 
     his or her studies, whichever occurs first, the individual 
     will return to the country of the individual's nationality, 
     or country of last habitual residence, within the independent 
     states of the former Soviet Union (as defined in section 3 of 
     the FREEDOM Support Act (22 U.S.C. 5801)), to reside and 
     remain physically present there for an aggregate of at least 
     one year for each year of study supported under paragraph 
     (1).
       (ii) Denial of entry into the united states for 
     noncompliance.--Any individual who has entered into an 
     agreement under clause (i) and who has not completed the 
     period of home country residence and presence required by 
     that agreement shall be ineligible for a visa and 
     inadmissible to the United States.
       On page 12, line 20, strike ``(c)'' and insert ``(d)''.
                                  ____



                           amendment no. 717

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

     SEC.   . MIKEY KALE PASSPORT NOTIFICATION ACT OF 1999.

       (a) Not later than 180 days after the enactment of this 
     Act, the Secretary of State shall issue regulations that--
       (1) provide that, in the issuance of a passport to minors 
     under the age of 18 years, both parents, a guardian, or a 
     person in loco parentis have--
       (A) executed the application; and
       (B) provided documentary evidence demonstrating that they 
     are the parents, guardian, or person in loco parentis; and
       (2) provide that, in the issuance of a passport to minors 
     under the age of 18 years, in those cases where both parents 
     have not executed the passport application, the person 
     executing the application has provided documentary evidence 
     that such person--
       (A) has sole custody of the child; or
       (B) the other parent has provided consent to the issuance 
     of the passport. The requirement of this paragraph shall not 
     apply to guardians or persons in loco parentis.
       (b) The regulations required to be issued by this section 
     may provide for exceptions in exigent circumstances involving 
     the health or welfare of the child.
                                  ____



                           AMENDMENT NO. 718

 (Purpose: To establish within the Department of State the position of 
        Science and Technology Adviser, and for other purposes)

       On page 35, between lines 7 and 8, insert the following new 
     section:

     SEC. 302. SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF 
                   STATE.

       (a) Establishment of Position.--Section 1 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is 
     amended by adding at the end the following new subsection:
       ``(g) Science and Technology Adviser.--
       ``(1) In general.--There shall be within the Department of 
     State a Science and Technology Adviser (in this paragraph 
     referred to as the `Adviser'). The Adviser shall report to 
     the Secretary of State through the Under Secretary of State 
     for Global Affairs.
       ``(2) Duties.--The Adviser shall--
       ``(A) advise the Secretary of State, through the Under 
     Secretary of State for Global Affairs, on international 
     science and technology matters affecting the foreign policy 
     of the United States; and
       ``(B) perform such duties, exercise such powers, and have 
     such rank and status as the Secretary of State shall 
     prescribe.''.

[[Page 13749]]

       (b) Report.--Not later than six months after receipt by the 
     Secretary of State of the report by the National Research 
     Council of the National Academy of Sciences with respect to 
     the contributions that science, technology, and health 
     matters can make to the foreign policy of the United States, 
     the Secretary of State, acting through the Under Secretary of 
     State for Global Affairs, shall submit a report to Congress 
     setting forth the Secretary of State's plans for 
     implementation, as appropriate, of the recommendations of the 
     report.
                                  ____



                           amendment no. 719

   (Purpose: To prohibit the return of veterans memorial objects to 
          foreign nations with specific authorization in law)

       At the appropriate place in the bill, insert the following 
     new section and renumber the remaining sections accordingly:

     ``SEC.  . PROHIBITION ON THE RETURN OF VETERANS MEMORIAL 
                   OBJECTS TO FOREIGN NATIONS WITHOUT SPECIFIC 
                   AUTHORIZATION IN LAW.

       (a) Prohibition.--Notwithstanding section 2572 of title 10, 
     United States Code, or any other provision of law, the 
     President may not transfer a veterans memorial object to a 
     foreign country or entity controlled by a foreign government, 
     or otherwise transfer or convey such object to any person or 
     entity for purposes of the ultimate transfer of conveyance of 
     such object to a foreign country or entity controlled by a 
     foreign government, unless specifically authorized by law.
       (b) Definitions.--In this section:
       (1) Entity controlled by a foreign government.--The term 
     ``entity controlled by a foreign government'' has the meaning 
     given that term in section 2536(c)(1) of title 10, United 
     States Code.
       (2) Veterans memorial object.--The term ``veterans memorial 
     object'' means any object, including a physical structure or 
     portion therefo, that--
       (A) is located at a cemetery of the National Cemetery 
     System, war memorial, or military installation in the United 
     States;
       (B) is dedicated to, or otherwise memorializes, the death 
     in combat or combat-related duties of members of the United 
     States Armed Forces; and
       (C) was brought to the United States from abroad as a 
     memorial of combat abroad.''
                                  ____



                           amendment no. 720

 (Purpose: To express the sense of Congress with respect to the Inter-
 Governmental Authority for Development (IGAD) peace process in Sudan)

       On page 115, after line 18, insert the following new 
     section:

     SEC. __. SUPPORT FOR THE PEACE PROCESS IN SUDAN.

       (a) Findings.--Congress finds that--
       (1) the civil war in Sudan has continued unabated for 16 
     years and raged intermittently for 40 years;
       (2) an estimated 1,900,000 Sudanese people have died as a 
     result of war-related causes and famine;
       (3) an estimated 4,000,000 people are currently in need of 
     emergency food assistance in different areas of Sudan;
       (4) approximately 4,000,000 people are internally displaced 
     in Sudan;
       (5) the continuation of war has led to human rights abuses 
     by all parties to the conflict, including the killing of 
     civilians, slavery, rape, and torture on the part of 
     government forces and paramilitary forces; and
       (6) it is in the interest of all the people of Sudan for 
     the parties to the conflict to seek a negotiated settlement 
     of hostilities and the establishment of a lasting peace in 
     Sudan.
       (b) Sense of Congress.--(1) Congress--
       (A) acknowledges the renewed vigor in facilitating and 
     assisting the Inter-Governmental Authority for Development 
     (IGAD) peace process in Sudan; and
       (B) urges continued and sustained engagement by the 
     Department of State in the IGAD peace process and the IGAD 
     Partners' Forum.
       (2) It is the sense of Congress that the President should--
       (A) appoint a special envoy--
       (i) to serve as a point of contact for the Inter-
     Governmental Authority for Development peace process;
       (ii) to coordinate with the Inter-Governmental Authority 
     for Development Partners Forum as the Forum works to support 
     the peace process in Sudan; and
       (iii) to coordinate United States humanitarian assistance 
     to southern Sudan.
       (B) provide increased financial and technical support for 
     the IGAD Peace Process and especially the IGAD Secretariat in 
     Nairobi, Kenya; and
       (C) instruct the United States Permanent Representative to 
     the United Nations to call on the United Nations Secretary 
     General to consider the appointment of a special envoy for 
     Sudan.
                                  ____



                           amendment no. 721

(Purpose: To require a study on licensing process under the Arms Export 
                              Control Act)

       On page 96, after line 21, add the following new section:

     SEC. 645. STUDY ON LICENSING PROCESS UNDER THE ARMS EXPORT 
                   CONTROL ACT.

       Not later than 120 days after the date of enactment of this 
     Act, the Secretary of State shall submit to the chairman of 
     the Committee on Foreign Relations of the Senate and the 
     chairman of the Committee on International Relations of the 
     House of Representatives a study on the performance of the 
     licensing process pursuant to the Arms Export Control Act, 
     with recommendations on how to improve that performance. The 
     study shall include:
       (1) An analysis of the typology of licenses on which action 
     was completed in 1999. The analysis should provide 
     information on major categories of license requests, 
     including--
       (A) the number for nonautomatic small arms, automatic small 
     arms, technical data, parts and components, and other 
     weapons;
       (B) the percentage of each category staffed to other 
     agencies;
       (C) the average and median time taken for the processing 
     cycle for each category when staffed and not staffed;
       (D) the average time taken by White House or National 
     Security Council review or scrutiny; and
       (E) the average time each spent at the Department of State 
     after a decision had been taken on the license but before a 
     contractor was notified of the decision. For each category 
     the study should provide a breakdown of licenses by country. 
     The analysis also should identify each country that has been 
     identified in the past three years pursuant to section 3(e) 
     of the Arms Export Control Act (22 U.S.C. 2753(e)).
       (2) A review of the current computer capabilities of the 
     Department of State relevant to the processing of licenses 
     and its ability to communicate electronically with other 
     agencies and contractors, and what improvements could be made 
     that would speed the process, including the cost for such 
     improvements.
       (3) An analysis of the work load and salary structure for 
     export licensing officers of the Office of Defense Trade 
     Control of the Department of State as compared to comparable 
     jobs at the Department of Commerce and the Department of 
     Defense.
       (4) Any suggestions of the Department of State relating to 
     resources and regulations, and any relevant statutory changes 
     that might expedite the licensing process while furthering 
     the objectives of the Arms Export Control Act.
                                  ____



                           amendment no. 722

       At the appropriate place, insert:


                 Russian Business Management Education

     SEC. 1. PURPOSE.

       The purpose of this section is to establish a training 
     program in Russia for nationals of Russia to obtain skills in 
     business administration, accounting, and marketing, with 
     special emphasis on instruction in business ethics and in the 
     basic terminology, techniques, and practices of those 
     disciplines, to achieve international standards of quality, 
     transparency, and competitiveness.

     SEC. 2. DEFINITIONS.

       (1) Board.--The term ``Board'' means the United States-
     Russia Business Management Training Board established under 
     section 5(a).
       (2) Distance learning.--The term ``distance learning'' 
     means training through computers, interactive videos, 
     teleconferencing, and videoconferencing between and among 
     students and teachers.
       (3) Eligible enterprise.--The term ``eligible enterprise'' 
     means--
       (A) a business concern operating in Russia that employs 
     Russian nationals; and
       (B) a private enterprise that is being formed or operated 
     by former officers of the Russian armed forces in Russia.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of State.

     SEC. 3. AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.

       (a) Training Program.--
       (1) In general.--The Secretary of State, acting through the 
     Under Secretary of State for Public Diplomacy, and taking 
     into account the general policies recommended by the United 
     States-Russia Business Management Training Board established 
     under section 5(a), is authorized to establish a program of 
     technical assistance (in this Act referred to as the 
     ``program'') to provide the training described in section 1 
     to eligible enterprises.
       (2) Implementation.--Training shall be carried out by 
     United States nationals having expertise in business 
     administration, accounting, and marketing or by Russian 
     nationals who have been trained under the program or by those 
     who meet criteria established by the Board. Such training may 
     be carried out--
       (A) in the offices of eligible enterprises, at business 
     schools or institutes, or at other locations in Russia, 
     including facilities of the armed forces of Russia, 
     educational institutions, or in the offices of trade or 
     industry associations, with special consideration given to 
     locations where similar training opportunities are limited or 
     nonexistent; or
       (B) by ``distance learning'' programs originating in the 
     United States or in European branches of United States 
     institutions.
       (b) Internships With United States Domestic Business 
     Concerns.--The Secretary, acting through the Under Secretary 
     of State

[[Page 13750]]

     for Public Diplomacy, is authorized to pay the travel 
     expenses and appropriate in-country business English language 
     training, if needed, of certain Russian nationals who have 
     completed training under the program to undertake short-term 
     internships with business concerns in the United States upon 
     the recommendation of the Board.

     SEC. 4. APPLICATIONS FOR TECHNICAL ASSISTANCE.

       (a) Procedures.--
       (1) In general.--Each eligible enterprise that desires to 
     receive training for its employees and managers under this 
     Act shall submit an application to the clearinghouse 
     established by subsection (d), at such time, in such manner, 
     and accompanied by such additional information as the 
     Secretary may reasonably require.
       (2) Joint applications.--A consortium of eligible 
     enterprises may file a joint application under the provisions 
     of paragraph (1).
       (b) Contents.--The Secretary shall approve an application 
     under subsection (a) only if the application--
       (1) is for an individual or individuals employed in an 
     eligible enterprise or enterprises applying under the 
     program;
       (2) describes the level of training for which assistance 
     under this Act is sought;
       (3) provides evidence that the eligible enterprise meets 
     the general policies adopted by the Secretary for the 
     administration of this Act;
       (4) provides assurances that the eligible enterprise will 
     pay a share of the costs of the training, which share may 
     include in-kind contributions; and
       (5) provides such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this Act.
       (c) Compliance With Board Policies.--The Secretary shall 
     approve applications for technical assistance under the 
     program after taking into account the recommendations of the 
     Board.
       (d) Clearinghouse.--There is established a clearinghouse in 
     Russia to manage and execute the program. The clearinghouse 
     shall screen applications, provide information regarding 
     training and teachers, monitor performance of the program, 
     and coordinate appropriate post-program follow-on activities.

     SEC. 5. UNITED STATES-RUSSIAN BUSINESS MANAGEMENT TRAINING 
                   BOARD.

       (a) Establishment.--There is established within the 
     Department of State a United States-Russian Business 
     Management Training Board.
       (b) Composition.--The Board established pursuant to 
     subsection (a) shall be composed of 12 members as follows:
       (1) The Under Secretary of State for Public Diplomacy.
       (2) The Administrator of the Agency for International 
     Development.
       (3) The Secretary of Commerce.
       (4) The Secretary of Education.
       (5) Six individuals from the private sector having 
     expertise in business administration, accounting, and 
     marketing, who shall be appointed by the Secretary of State, 
     as follows:
       (A) Two individuals employed by graduate schools of 
     management offering accredited degrees.
       (B) Two individuals employed by eligible enterprises.
       (C) Two individuals from nongovernmental organizations 
     involved in promoting free market economy practices in 
     Russia.
       (6) Two nationals of Russia having experience in business 
     administration, accounting, or marketing, who shall be 
     appointed by the Secretary of State upon the recommendation 
     of the Government of Russia, and who shall serve as nonvoting 
     members.
       (c) General Policies.--The Board shall make recommendations 
     to the Secretary with respect to general policies for the 
     administration of this Act, including--
       (1) guidelines for the administration of the program under 
     this Act;
       (2) criteria for determining the qualifications of 
     applicants under the program;
       (3) the appointment of panels of business leaders in the 
     United States and Russia for the purpose of nominating 
     trainees; and
       (4) such other matters with respect to which the Secretary 
     may request recommendations.
       (d) Chairperson.--The Chairperson of the Board shall be 
     designated by the President from among the voting members of 
     the Board. Except as provided in subsection (e)(2), a 
     majority of the voting members of the Board shall constitute 
     a quorum.
       (e) Meetings.--The Board shall meet at the call of the 
     Chairperson, except that--
       (1) the Board shall meet not less than 4 times each year; 
     and
       (2) the Board shall meet whenever one-third of the voting 
     members request a meeting in writing, in which event 7 of the 
     voting members shall constitute a quorum.
       (f) Compensation.--Members of the Board who are not in the 
     regular full-time employ of the United States shall receive, 
     while engaged in the business of the Board, compensation for 
     service at a rate to be fixed by the President, except that 
     such rate shall not exceed the rate specified at the time of 
     such service for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code, including 
     traveltime, and, while so serving away from their homes or 
     regular places of business, they may be allowed travel 
     expenses, including per diem in lieu of subsistence, as 
     authorized by section 5703 of title 5, United States Code, 
     for persons employed intermittently in Government service.

     SEC. 6. RESTRICTIONS NOT APPLICABLE.

       Prohibitions on the use of foreign assistance funds for 
     assistance for the Russian Federation shall not apply with 
     respect to the funds made available to carry out this Act.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated 
     $10,000,000 for each of fiscal years 2000 and 2001 to carry 
     out this Act.
       (b) Availability of Funds.--Amounts appropriated under 
     subsection (a) are authorized to remain available until 
     expended.

     SEC. 8. EFFECTIVE DATE.

       This Act shall take effect on October 1, 1999.
                                  ____



                           amendment no. 723

       At the appropriate place in the bill, insert the following:
       Notwithstanding any other provision of law, the Inspector 
     General of the Agency for International Development shall 
     serve as the Inspector General of the Inter-American 
     Foundation and the African Development Foundation and shall 
     have all the authorities and responsibilities with respect to 
     the Inter-American Foundation and the African Development 
     Foundation as the Inspector General has with respect to the 
     Agency for International Development.
                                  ____



                           amendment no. 724

       At the appropriate place, insert:
       The Senate finds that:
       Ten percent of the citizens of the Islamic Republic of Iran 
     are members of religious minority groups;
       According to the State Department and internationally 
     recognized human rights organizations, such as Human Rights 
     Watch and Amnesty International, religious minorities in the 
     Islamic Republic of Iran--including Sunni Muslims, Baha'is, 
     Christians, and Jews--have been the victims of human rights 
     violations solely because of their status as religious 
     minorities;
       The 55th session of the United Nations Commission on Human 
     Rights passed Resolution 1999/13, which expresses the concern 
     of the international community over continued discrimination 
     against the religious minorities' in the Islamic Republic of 
     Iran, and calls on that country to moderate its policy on 
     religious minorities until they are completely emancipated;
       More than half the Jews in Iran have been forced to flee 
     that country since the Islamic Revolution of 1979 because of 
     relgious persecution, and many of them now reside in the 
     United States;
       The Iranian Jewish community, with a 2,500-year history and 
     currently numbering some 30,000 people, is the oldest Jewish 
     community living in the Diaspora;
       Five Jews have been executed by the Iranian government in 
     the past five years without having been tried;
       There has been a noticeable increase recently in anti-
     Semitic propaganda in the government-controlled Iranian 
     press;
       On the eve of the Jewish holiday of Passover 1999, thirteen 
     or more Jews, including community and religious leaders in 
     the city of Shiraz, were arrested by the authorities of the 
     Islamic Republic of Iran; and
       In keeping with its dismal record on providing accused 
     prisoners with due process and fair treatment, the Islamic 
     Republic of Iran failed to charge the detained Jews with any 
     specific crime or allow visitation by relatives of the 
     detained for more than months: Now, therefore, it the sense 
     of the Congress that the United States should--
       Continue to work through the United Nations to assure that 
     the Islamic Republic of Iran implements the recommendations 
     of Resolution 1999/13.
       (2) Condemn, in the strongest possible terms, the recent 
     arrest of members of Iran's Jewish minority and urge their 
     immediate release;
       (3) Urge all nations having relations with the Islamic 
     Republic of Iran to condemn the treatment of religious 
     minorities in Iran and call for the release of all prisoners 
     held on the basis of their religious beliefs; and
       (4) Maintain the current United States policy toward the 
     Islamic Republic of Iran unless and until that country 
     moderates its treatment of religious minorities.
                                  ____



                           amendment no. 725

 (Purpose: To amend the reporting requirements of the PLO Commitments 
                        Compliance Act of 1989)

       On page 115, after line 18, insert the following new 
     section:

     SEC. 730. REPORTING REQUIREMENTS UNDER PLO COMMITMENTS 
                   COMPLIANCE ACT OF 1989.

       (a) Findings.--Congress makes the following findings:
       (1) The PLO Commitments Compliance Act of 1989 (title VIII 
     of Public Law 101-246) requires the President to submit 
     reports to the Speaker of the House of Representatives and 
     the chairman of the Committee on Foreign Relations of the 
     Senate every 180 days, on

[[Page 13751]]

     Palestinian compliance with the Geneva commitments of 1988, 
     the commitments contained in the letter of September 9, 1993 
     to the Prime Minister of Israel, and the letter of September 
     9, 1993 to the Foreign Minister of Norway.
       (2) The reporting requirements of the PLO Commitments 
     Compliance Act of 1989 have remained in force from enactment 
     until the present.
       (3) Modification and amendment to the PLO Commitments 
     Compliance Act of 1989, and the expiration of the Middle East 
     Peace Facilitation Act (Public Law 104-107) did not alter the 
     reporting requirements.
       (4) According to the official records of the Committee on 
     Foreign Relations of the Senate, the last report under the 
     PLO Commitments Compliance Act of 1989 was submitted and 
     received on December 27, 1997.
       (b) Reporting Requirements.--The PLO Commitments Compliance 
     Act of 1989 is amended --
       (1) in section 804(b), by striking ``In conjunction with 
     each written policy justification required under section 
     604(b)(1) of the Middle East Peace Facilitation Act of 1995 
     or every'' and inserting ``Every'';
       (2) in section 804(b)--
       (A) by striking ``and'' at the end of paragraph (9);
       (B) by striking the period at the end of paragraph (10); 
     and
       (C) by adding at the end the following new paragraphs:
       ``(11) a statement on the effectiveness of end-use 
     monitoring of international or United States aid being 
     provided to the Palestinian Authority, Palestinian Liberation 
     Organization, or the Palestinian Legislative Council, or to 
     any other agent or instrumentality of the Palestinian 
     Authority, on Palestinian efforts to comply with 
     international accounting standards and on enforcement of 
     anti-corruption measures; and
       ``(12) a statement on compliance by the Palestian Authority 
     with the democratic reforms with specific details regarding 
     the separation of powers called for between the executive and 
     Legislative Council, the status of legislation passed by the 
     Legislative Council and sent to the executive, the support of 
     the executive for local and municipal elections, the status 
     of freedom of the press, and of the ability of the press to 
     broadcast debate from within the Legislative Council and 
     about the activities of the Legislative Council.''.
                                  ____



                           amendment no. 726

 (Purpose: To authorize appropriations for contributions to the United 
             Nations Voluntary Fund for Victims of Torture)

       On page 129, between lines 5 and 6, insert the following 
     new section:

     SEC. __. AUTHORIZATION OF APPROPRIATIONS FOR CONTRIBUTIONS TO 
                   THE UNITED NATIONS VOLUNTARY FUND FOR VICTIMS 
                   OF TORTURE.

       There are authorized to be appropriated to the President 
     $5,000,000 for each of the fiscal years 2000 and 2001 for 
     payment of contributions to the United Nations Voluntary Fund 
     for Victims of Torture.
                                  ____



                           amendment no. 727

(Purpose: To ensure that investigations, and reports of investigations, 
  of the Inspector General of the Department of State and the Foreign 
                   Service are thorough and accurate)

       On page 52, between lines 19 and 20, insert the following 
     new section:

     SEC. 337. STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL 
                   INVESTIGATIONS.

       (a) Amendment of the Foreign Service Act of 1980.--Section 
     209(c) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) 
     is amended by adding at the end the following:
       ``(5) Investigations.--
       ``(A) Conduct of investigations.--In conducting 
     investigations of potential violations of Federal criminal 
     law or Federal regulations, the Inspector General shall--
       ``(i) abide by professional standards applicable to Federal 
     law enforcement agencies; and
       ``(ii) permit each subject of an investigation an 
     opportunity to provide exculpatory information.
       ``(B) Reports of investigations.--In order to ensure that 
     reports of investigations are thorough and accurate, the 
     Inspector General shall--
       ``(i) make every reasonable effort to ensure that any 
     person named in a report of investigation has been afforded 
     an opportunity to refute any allegation or assertion made 
     regarding that person's actions;
       ``(ii) include in every report of investigation any 
     exculpatory information, as well as any inculpatory 
     information, that has been discovered in the course of the 
     investigation.''.
       (b) Annual Report.--Section 209(d)(2) of the Foreign 
     Service Act of 1980 (22 U.S.C. 3929(d)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (D);
       (2) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (3) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) a description, which may be included, if necessary, 
     in the classified portion of the report, of any instance in a 
     case that was closed during the period covered by the report 
     when the Inspector General decided not to afford an 
     individual the opportunity described in subsection 
     (c)(5)(B)(i) to refute any allegation or assertion, and the 
     rationale for denying such individual that opportunity.''.
       (c) Statutory Construction.--Nothing in the amendments made 
     by this section may be construed to modify--
       (1) section 209(d)(4) of the Foreign Service Act of 1980 
     (22 U.S.C. 3929(d)(4));
       (2) section 7(b) of the Inspector General Act of 1978 (5 
     U.S.C. app.);
       (3) the Privacy Act of 1974 (5 U.S.C. 552a); or
       (4) the provisions of section 2302(b)(8) of title 5 
     (relating to whistleblower protection).
       (d) Effective Date.--The amendments made by this section 
     shall apply to cases opened on or after the date of enactment 
     of this Act.

  Mr. THOMPSON. Mr. President, I rise to express serious concerns which 
I have about the amendment offered by the Senator from Connecticut 
regarding investigation procedures at the Office of Inspector General 
for the Department of State. These concerns are not mine alone, but 
have been brought to the attention of the Governmental Affairs 
Committee by a number of inspectors general. The amendment requires the 
Inspector General for the Department of State to provide each 
individual mentioned in a report an opportunity to refute any 
allegation or assertion made regarding that person's activities. While 
I understand the Senator from Connecticut's concerns, I fear that the 
amendment as written could have serious repercussions for law 
enforcement. For example, providing allegations and assertions to each 
individual mentioned in a criminal investigation prior to a referral, 
no matter how tangentially involved, could compromise a subsequent 
investigation by the Department of Justice. In addition, it could 
reveal sources of information and subject those sources to reprisals 
and chill future cooperation from potential witnesses. Second, the 
amendment could create rights that witnesses and targets of other 
investigations do not have. It is unclear what litigation or grievances 
could result from a failure to follow the amendment. Third, there are a 
number of unsettled issues in the amendment such as what constitutes 
``exculpatory material'' and whether a subject, witness, or an 
individual with only marginal relevance to the investigation is 
entitled to review the actual report. Fourth, I understand the State 
Department Inspector General is concerned that the reporting 
requirement could be used to second-guess discretion that she uses in 
her investigations. Finally, by using the ambiguous term 
``assertions,'' the amendment puts an unnecessary burden on the 
Inspector General after the report is complete to seek out each person 
named and allow them to comment on even the most innocuous assertions 
relating to them. This will unduly delay the investigative process and 
put a strain on the office's resources.
  In addition to these concerns about the amendment itself, I am also 
concerned that it is being offered without any hearings at all or 
consideration by the Governmental Affairs Committee. As the Chairman is 
aware, the Governmental Affairs Committee has jurisdiction over the 
Inspector General Act. If there are in fact legitimate concerns that 
the amendment is intended to address, then perhaps it should apply to 
all inspectors general rather than singling out this particular one.
  Despite these reservations, I understand the Foreign Relations 
Committee has worked hard to craft this amendment. Therefore, I will 
not object to its consideration at this time if the Chairman of the 
Foreign Relations Committee will agree to work with me in conference to 
address the concerns that I have raised.
  Mr. HELMS. I thank the Chairman of the Governmental Affairs Committee 
for his comments. I know that he has a strong interest in the 
inspectors general as well as in properly conducted investigations. I 
appreciate his willingness to work with me in conference to address the 
issues he has raised and I look forward to doing so.
  Mr. THOMPSON. I thank the Chairman for his work on this bill and I 
look

[[Page 13752]]

forward to working with him in conference.


                    office of the inspector general

  Mr. Dodd. Mr. President, I want to thank the Chairman of the 
Committee, Senator Helms, for accepting my amendment as it relates to 
individuals named in reports of investigations prepared by the Office 
of the Inspector General at the State Department. This amendment would 
provide these individuals with an opportunity to comment on information 
contained in the report as it relates to them and to provide 
explanatory or exculpatory information that may be relevant to the 
investigation.
  Mr. Helms. It is my understanding that it is not the intention of the 
Senator from Connecticut to override key provisions of the Foreign 
Service Act, the Inspector General Act of 1978, the Privacy Act of 1974 
or whistleblower protections with this amendment.
  Mr. Dodd. That is correct, Mr. President. As you will note from the 
way the amendment has been drafted, I in no way intend to undermine the 
ability of the Inspector General to carry out her duties. Subsection 
(c) of my amendment makes it clear that I do not seek to override or 
call into question existing provisions of law that govern the 
investigative practices of the Inspector General or statutory 
protections of individuals such as those contained in the Privacy Act 
of 1974 or provisions of section 2303(b)(8) of title 5 (relating to 
whistleblower protection.)
  I have offered this amendment because I believe that both fundamental 
fairness and good government dictate that an individual mentioned in a 
report of investigation be given an opportunity to provide information 
as it relates to him, so that the fullest picture is set forth in the 
final report of investigation of the Office of the Inspector General.
  Mr. Helms. Am I correct in saying that it is not the intention of the 
Senator from Connecticut that the full report of investigation be 
turned over to each and every person named in a report, but rather that 
an individual be advised of allegations regarding him?
  Mr. Dodd. The Senator is correct. I do not seek to have the report 
made available to every named individual, simply be shown or briefed 
orally on the substance of those portions, that bear directly on that 
individual, consistent with appropriate privacy and whistleblower 
protections.
  Nor do I seek with this amendment to grant individuals access to the 
investigative files, notes, or interim memos that may have been 
developed during the course of the investigation by the Office of the 
Inspector General.
  I also do not want to overburden the Inspector General in cases where 
an investigation results in nothing of any significance and the case is 
simply closed. Certainly in such instances the Office of the Inspector 
General need not go through the process of providing information to any 
individual who might have been named in the course of an investigation.
  Finally I recognize that there may be certain instances where an 
ongoing criminal investigation would be compromised if information were 
made available to an individual. That is why I chose the words ``shall 
make every reasonable effort'' to provide a measure of flexibility to 
the Inspector General. She may determine under certain circumstances 
that it is inadvisable to make information available. If she does so, 
she must simply inform the Committees of jurisdiction of the instances 
in which she has not made information available to an individual, as 
part of her reports to Congress, including the rationale for doing so. 
This information may be provided on a classified basis if necessary.
  Mr. Helms. Mr. President, I believe this clarifies any questions with 
respect to this amendment and I believe that the managers are prepared 
to accept this amendment.
  Mr. Dodd. I thank the managers for their assistance with this matter.


                           AMENDMENT NO. 728

(Purpose: To require the Secretary of State to report on United States 
        citizens injured or killed by certain terrorist groups)

       On page 115, after line 18, insert the following new 
     section:

     SEC. 730. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES 
                   CITIZENS WERE KILLED AND RELATED MATTERS

       (a) In General.--Not later than six months after the date 
     of enactment of this legislation and every 6 months 
     thereafter, the Secretary of State shall prepare and submit a 
     report, with a classified annex as necessary, to the 
     appropriate congressional committees regarding terrorist 
     attacks in Israel, in territory administered by Israel, and 
     in territory administered by the Palestinian Authority. The 
     report shall contain the following information:
       (1) A list of formal commitments the Palestinian Authority 
     has made to combat terrorism.
       (2) A list of terrorist attacks, occurring between 
     September 13, 1993 and the date of the report, against United 
     States citizens in Israel, in territory administered by 
     Israel, or in territory administered by the Palestinian 
     Authority, including--
       (A) a list of all citizens of the United States killed or 
     injured in such attacks;
       (B) the date of each attack, the total number of people 
     killed or injured in each attack;
       (C) the person or group claiming responsibility for the 
     attack and where such person or group has found refuge or 
     support;
       (D) a list of suspects implicated in each attack and the 
     nationality of each suspect, including information on--
       (i) which suspects are in the custody of the Palestinian 
     Authority and which suspects are in the custody of Israel;
       (ii) which suspects are still at large in areas controlled 
     by the Palestinian Authority or Israel; and
       (iii) the whereabouts (or suspected whereabouts) of 
     suspects implicated in each attack.
       (3) Of the suspects implicated in the attacks described in 
     paragraph (2) and detained by Palestinian or Israeli 
     authorities; information on--
       (A) the date each suspect was incarcerated;
       (B) whether any suspects have been released, the date of 
     such release, and whether any released suspect was implicated 
     in subsequent acts of terrorism; and
       (C) the status of each case pending against a suspect, 
     including information on whether the suspect has been 
     indicted, prosecuted, or convicted by the Palestinian 
     Authority or Israel.
       (4) The policy of the Department of State with respect to 
     offering rewards for information on terrorist suspects, 
     including any information on whether a reward has been posted 
     for suspects involved in terrorist attacks listed in the 
     report.
       (5) A list of each request by the United States for 
     assistance in investigating terrorist attacks listed in the 
     report, a list of each request by the United States for the 
     transfer of terrorist suspects from the Palestinian Authority 
     and Israel since September 13, 1993 and the response to each 
     request from the Palestinian Authority and Israel.
       (6) A description of efforts made by United States 
     officials since September 13, 1993 to bring to justice 
     perpetrators of terrorist acts against U.S. citizens as 
     listed in the report.
       (7) A list of any terrorist suspects in these cases who are 
     members of Palestinian police or security forces, the 
     Palestine Liberation Organization, or any Palestinian 
     governing body.
       (8) A list of all United States citizens killed or injured 
     in terrorist attacks in Israel or in territory administered 
     by Israel between 1950 and September 13, 1993, to include in 
     each case, where such information is available, any stated 
     claim of responsibility and the resolution or disposition of 
     each case, including information as to the whereabouts of the 
     perpetrators of the acts, further provided that this list 
     shall be submitted only once with the initial report required 
     under this section, unless additional relevant information on 
     these cases becomes available.
       (9) The amount of compensation the United States has 
     required for United States citizens, or their families, 
     injured or killed in attacks by terrorists in Israel, in 
     territory administered by Israel, or in territory 
     administered by the Palestinian Authority since September 13, 
     1993, and, if no compensation has been requested, an 
     explanation of why such requests have not been made.
       (b) Consultation With Other Departments.--The Secretary of 
     State shall, in preparing the report required by this 
     section, consult and coordinate with all other Government 
     officials who have information necessary to complete the 
     report. Nothing contained in this section shall require the 
     disclosure, on a classified or unclassified basis, of 
     information that would jeopardize sensitive sources and 
     methods or other vital national security interests or 
     jeopardize ongoing criminal investigations or proceedings.
       (c) Initial Report.--Except as provided in subsection 
     (a)(8), the initial report filed under this section shall 
     cover the period between September 13, 1993 and the date of 
     the report.
       (d) Appropriate Congressional Committees.--For purposes of 
     this section, the term ``appropriate congressional 
     Committee'' means the Committees on Foreign Relations of the 
     Senate and the Committee on International Relations of the 
     House of Representatives.

[[Page 13753]]

     
                                  ____
                           amendment no. 729

  (Purpose: To express the sense of the Senate that the United States 
should ratify the ILO Convention on the Worst Forms of Child Labor, and 
                          for other purposes)

       On page 115, after line 18, insert the following new 
     section:

     SEC. 730. SENSE OF SENATE REGARDING CHILD LABOR.

       (a) Findings.--The Senate makes the following findings:
       (1) The International Labor Organization (in this 
     resolution referred to as the ``ILO'') estimates that at 
     least 250,000,000 children under the age of 15 are working 
     around the world, many of them in dangerous jobs that prevent 
     them from pursuing an education and damage their physical and 
     moral well-being.
       (2) Children are the most vulnerable element of society and 
     are often abused physically and mentally in the work place.
       (3) Making children work endangers their education, health, 
     and normal development.
       (4) UNICEF estimates that by the year 2000, over 
     1,000,000,000 adults will be unable to read or write on even 
     a basic level because they had to work as children and were 
     not educated.
       (5) Nearly 41 percent of the children in Africa, 22 percent 
     in Asia, and 17 percent in Latin America go to work without 
     ever having seen the inside of a classroom.
       (6) The President, in his State of the Union address, 
     called abusive child labor ``the most intolerable labor 
     practice of all,'' and called upon other countries to join in 
     the fight against abusive and exploitative child labor.
       (7) The Department of Labor has conducted 5 detailed 
     studies that document the growing trend of child labor in the 
     global economy, including a study that shows children as 
     young as 4 are making assorted products that are traded in 
     the global marketplace.
       (8) The prevalence of child labor in many developing 
     countries is rooted in widespread poverty that is 
     attributable to unemployment and underemployment among 
     adults, low living standards, and insufficient education and 
     training opportunities among adult workers and children.
       (9) The ILO has unanimously reported a new Convention on 
     the Worst Forms of Child Labor.
       (10) The United States negotiators played a leading role in 
     the negotiations leading up to the successful conclusion of 
     the new ILO Convention on the Worst Forms of Child Labor.
       (11) On September 23, 1993, the United States Senate 
     unanimously adopted a resolution stating its opposition to 
     the importation of products made by abusive and exploitative 
     child labor and the exploitation of children for commercial 
     gain.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) abusive and exploitative child labor should not be 
     tolerated anywhere it occurs;
       (2) ILO member States should be commended for their efforts 
     in negotiating this historic convention;
       (3) it should be the policy of the United States to 
     continue to work with all foreign nations and international 
     organizations to promote an end to abusive and exploitative 
     child labor; and
       (4) the Senate looks forward to the prompt submission by 
     the President of the new ILO Convention on the Worst Forms of 
     Child Labor.
                                  ____



                           amendment no. 730

       At the appropriate place in the bill, insert the following:
       Sec.    . (a) Findings.--The Congress finds as follows:
       (1) The International Criminal Tribunal for Rwanda (ICTR) 
     was established to prosecute individuals responsible for 
     genocide and other serious violations of international 
     humanitarian law committed in the territory of Rwanda;
       (2) A separate tribunal, the International Criminal 
     Tribunal for the Former Yugoslavia (ICTY), was created with a 
     similar purpose for crimes committed in the territory of the 
     former Yugoslavia;
       (3) The acts of genocide and crimes against humanity that 
     have been perpetrated against civilians in the Great Lakes 
     region of Africa equal in horror the acts committed in the 
     territory of the former Yugoslavia;
       (4) The ICTR has succeeded in issuing at least 28 
     indictments against 48 individuals, and currently has in 
     custody 38 individuals presumed to have led and directed the 
     1994 genocide;
       (5) The ICTR issued the first conviction ever by an 
     international court for the crime of genocide against Jean-
     Paul Akayesu, the former mayor of Taba, who was sentenced to 
     life in prison;
       (6) The mandate of the ICTR is limited to acts committed 
     only during calendar year 1994, yet the mandate of the ICTY 
     covers serious violations of international humanitarian law 
     since 1991 through the present;
       (7) There has been well substantiated allegations of major 
     crimes against humanity and war crimes that have taken place 
     in the Great Lakes region of Africa that fall outside of the 
     current mandate of the Tribunal in terms of either the dates 
     when, or geographical areas where, such crimes took place;
       (8) The attention accorded the ICTY and the indictments 
     that have been made as a result of the ICTY's broad mandate 
     continue to play an important role in current U.S. policy in 
     the Balkans;
       (9) The international community must send an unmistakable 
     signal that genocide and other crimes against humanity cannot 
     be committed with impunity;
       (b) It is the sense of the Congress that,--
       The President should instruct the United States U.N. 
     Representative to advocate to the Security Council to direct 
     the Office for Internal Oversight Services (OIOS) to 
     reevaluate the conduct and operation of the ICTR. 
     Particularly, the OIOS should assess the progress made by the 
     Tribunal in implementing the recommendations of the Report of 
     the U.N. Secretary-General on the Activities of the Office of 
     Internal Oversight Services, A/52/784, of 6 February, 1998. 
     The OIOS should also include an evaluation of the potential 
     impact of expanding the original mandate of the ICTR.
       (c) Report.--90 days after enactment of this Act, the 
     Secretary of State shall report to Congress on the 
     effectiveness and progress of the ICTR. The report shall 
     include an assessment of the ICTR's ability to meet its 
     current mandate and an evaluation of the potential impact of 
     expanding that mandate to include crimes committed after 
     calendar year 1994.

  Mr. FEINGOLD. Mr President, I rise today to join my distinguished 
colleague from Vermont, Senator Leahy, in offering an amendment to 
encourage a peaceful process of self-determination in East Timor. This 
amendment closely mirrors what he and I and several other Senators 
express in S. Res. 96, introduced last month. We are offering this as 
an amendment to highlight the significance of the process underway in 
East Timor that will once and for all determine its political status.
  As we all know, Indonesian President Habibie announced on January 27 
that the government of Indonesia was finally willing to seek to learn 
and respect the wishes of the people in that territory. On May 5, the 
Governments of Indonesia and Portugal signed an agreement to hold a 
United Nations-supervised ``consultation'' on August 8 to determine 
East Timor's future political status.
  Despite this positive development, excitement and tension over the 
possibility of gaining independence have in recent months led to a 
gross deterioration of the security situation. Militias, comprised of 
individuals determined to intimidate the East Timorese people into 
support for continued integration with Indonesia and widely believed to 
be supported by the Indonesian military, are responsible for a sharp 
increase in violence.
  Let me recount some of the horror stories I have heard coming out of 
East Timor recently. To cite just a few examples, pro-government 
militias, backed by Indonesian troops, reportedly shot and killed 17 
supporters of independence on April 5. Shortly thereafter, pro-
independence groups reported clashes, arrests and deaths, as well as 
civilians fleeing violence in six cities. One of those cities was 
Liquica where at least 25 people were brutally murdered by pro-
government militias when up to 2000 civilians sought shelter in the 
local Catholic church. Later, on April 17, hundreds of East Timorese 
fled the capital of Dili as knife-wielding militias attacked anyone 
suspected of supporting independence. At least 30 were killed in this 
incident as Indonesian troops made little effort to stop the violence. 
The perpetrators have not all been on the government side. Over the 
years there have been atrocities on the pro-independence side as well. 
In recent months, however, the overwhelming majority of the violence 
has come from army elements and militias under their effective control. 
Overall, hundreds of civilians have been killed, wounded or 
``disappeared'' in separate militia attacks.
  Unfortunately, the possibility exists that tension and violence could 
still terrorize the island between now and the ballot, although I hope 
that is not the case. Pro-integration militia leaders announced on 
April 29 that they reject the concept of the upcoming ballot, or 
anything that could be considered a referendum. They have further 
stated that if a ballot leads to independence, they are prepared to 
fight a guerrilla war for decades if necessary to defend Indonesian 
rule of the territory. Independent observers fear that

[[Page 13754]]

neither side will accept a loss in the ballot, thus setting the stage 
for a prolonged conflict in East Timor. This type of rhetoric does not 
reassure us about the prospects for a successful transition for the 
people of East Timor, regardless of which form of government they 
choose. The climate in East Timor today, sadly, may have become too 
violent for a legitimate poll to take place. Worse yet, the agreement 
on the ballot process will be rendered meaningless if people must fear 
for their lives when they dare to participate in the process.
  In the May 5 agreement, the Government of Indonesia agreed to take 
responsibility for ensuring that the ballot is carried out in a fair 
and peaceful way. Unfortunately, it is unclear that they are 
implementing this aspect of the agreement. Quite the opposite. Whether 
Indonesian troops have actually participated in some of these incidents 
or not, the authorities certainly must accept the blame for allowing, 
and in some cases encouraging, the bloody tactics of the pro-
integration militias. The continuation of this violence is a threat to 
the very sanctity and legitimacy of the process that is underway. Thus, 
the Leahy-Feingold amendment specifically calls on Jakarta to do all it 
can to seek a peaceful process and a fair resolution to the situation 
in East Timor.
  I am encouraged by the calm manner in which the people of Indonesia 
went to the polls earlier this month to elect a new government. While 
the election was not perfect, it is a step in the right direction for 
the people of that nation, and demonstrates an openness not seen in 
decades there.
  I believe the United States has a responsibility--an obligation--to 
put as much pressure as possible on the Indonesian government to help 
encourage an environment conducive to a free, fair, peaceful ballot 
process for the people of East Timor. I am pleased that we have taken a 
leadership role in offering technical, financial, and diplomatic 
support to the recently authorized U.N. Assistance Mission in East 
Timor, known as UNAMET.
  Our amendment recognizes the very significant progress that has been 
made so far, in particular the calming impact the very presence of U.N. 
officials has appeared to have on the security situation in the 
capital, Dili. Nevertheless, problems still remain, so the amendment 
also highlights the increase in violence and human rights abuses by 
anti-independence militias and urges the Habibie government to curtail 
Indonesian military support to the militias. The amendment also 
encourages the Government of Indonesia to grant full access to all 
areas of East Timor by international human rights monitors, 
humanitarian organizations and the press, and to allow all Timorese who 
now live in exile the ability to return to East Timor to participate in 
this important ballot.
  It is not in our power to guarantee the free, fair exercise of the 
rights of the people of East Timor to determine their future. It is, 
however, in our interest to do all that we can to work with the United 
Nations, other concerned countries, the government of Indonesia and the 
people of East Timor to create an opportunity for a successful ballot 
process. We cannot forget that the Timorese have been living with 
violence and oppression for more than 23 years. These many years have 
not dulled the desire of the East Timorese for freedom, or quieted 
their demands to have a role in the determination of East Timor's 
status.
  We have to do all we can to support an environment that can produce a 
fair ballot in East Timor now and throughout the rest of this process.


                           amendment no. 731

  (Purpose: To require a report on the worldwide circulation of small 
                        arms and light weapons)

       On page 115, after line 18, add the following new section:

     SEC. __. REPORTING REQUIREMENT ON WORLDWIDE CIRCULATION OF 
                   SMALL ARMS AND LIGHT WEAPONS.

       (a) Findings.--Congress makes the following findings:
       (1) In numerous regional conflicts, the presence of vast 
     numbers of small arms and light weapons has prolonged and 
     exacerbated conflict and frustrated attempts by the 
     international community to secure lasting peace. The sheer 
     volume of available weaponry has been a major factor in the 
     devastation witnessed in recent conflicts in Angola, 
     Cambodia, Liberia, Mozambique, Rwanda, Sierra Leone, Somalia, 
     Sri Lanka, and Afghanistan, among others, and has contributed 
     to the violence endemic to narcotrafficking in Colombia and 
     Mexico.
       (2) Increased access by terrorists, guerrilla groups, 
     criminals, and others to small arms and light weapons poses a 
     real threat to United States participants in peacekeeping 
     operations and United States forces based overseas, as well 
     as to United States citizens traveling overseas.
       (3) In accordance with the reorganization of the Department 
     of State made by the Foreign Affairs Reform and Restructuring 
     Act of 1998, effective March 28, 1999, all functions and 
     authorities of the Arms Control and Disarmament Agency were 
     transferred to the Secretary of State. One of the stated 
     goals of that Act is to integrate the Arms Control and 
     Disarmament Agency into the Department of State ``to give new 
     emphasis to a broad range of efforts to curb proliferation of 
     dangerous weapons and delivery systems''.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report 
     containing--
       (1) an assessment of whether the export of small arms poses 
     any proliferation problems including--
       (A) estimates of the numbers and sources of licit and 
     illicit small arms and light arms in circulation and their 
     origins;
       (B) the challenges associated with monitoring small arms; 
     and
       (C) the political, economic, and security dimensions of 
     this issue, and the threats posed, if any, by these weapons 
     to United States interests, including national security 
     interests;
       (2) an assessment of whether the export of small arms of 
     the type sold commercially in the United States should be 
     considered a foreign policy or proliferation issue;
       (3) a description of current Department of State activities 
     to monitor and, to the extent possible ensure adequate 
     control of, both the licit and illicit manufacture, transfer, 
     and proliferation of small arms and light weapons, including 
     efforts to survey and assess this matter with respect to 
     Africa and to survey and assess the scope and scale of the 
     issue, including stockpile security and destruction of excess 
     inventory, in NATO and Partnership for Peace countries;
       (4) a description of the impact of the reorganization of 
     the Department of State made by the Foreign Affairs Reform 
     and Restructuring Act of 1998 on the transfer of functions 
     relating to monitoring, licensing, analysis, and policy on 
     small arms and light weapons, including--
       (A) the integration of and the functions relating to small 
     arms and light weapons of the United States Arms Control and 
     Disarmament Agency with those of the Department of State;
       (B) the functions of the Bureau of Arms Control, the Bureau 
     of Nonproliferation, the Bureau of Political-Military 
     Affairs, the Bureau of International Narcotics and Law 
     Enforcement, regional bureaus, and any other relevant bureau 
     or office of the Department of State, including the 
     allocation of personnel and funds, as they pertain to small 
     arms and light weapons;
       (C) the functions of the regional bureaus of the Department 
     of State in providing information and policy coordination in 
     bilateral and multilateral settings on small arms and light 
     weapons;
       (D) the functions of the Under Secretary of State for Arms 
     Control and International Security pertaining to small arms 
     and light weapons; and
       (E) the functions of the scientific and policy advisory 
     board on arms control, nonproliferation, and disarmament 
     pertaining to small arms and light weapons; and
       (5) an assessment of whether foreign governments are 
     enforcing their own laws concerning small arms and light 
     weapons import and sale, including commitments under the 
     Inter-American Convention Against the Illicit Manufacturing 
     of and Trafficking in Firearms, Ammunition, Explosives, and 
     Other Related Materials or other relevant international 
     agreements.

          Global Proliferation of Small Arms and Light Weapons

  Mrs. FEINSTEIN. Mr. President, my amendment calls upon the Department 
of State to provide Congress with a report on the global proliferation 
of small arms and light weapons, and State Department activities to 
address this issue.
  For fifty years we have been used to thinking about arms control in 
terms of nuclear weapons and ballistic missiles. But, to my mind, the 
widespread proliferation of small arms and light weapons has now 
emerged as an equally pressing issue on the international arms control 
agenda.
  Let me try to sketch out the scope and dimension of this problem, and 
why I think it is critical that this issue

[[Page 13755]]

be included in the first-rank of U.S. arms control and security policy:
  An estimated 500 million illicit small arms and light weapons are in 
circulation around the globe.
  In the past decade, an estimated 4 million people have been killed in 
civil war and bloody fighting. Nine out of ten of these deaths are 
attributed to small arms and light weapons, and, according to the 
International Committee of the Red Cross, more than 50% of those killed 
are believed to be civilians.
  The sheer volume of available weaponry has been a major factor in the 
devastation witnessed in recent conflicts in Angola, Cambodia, Liberia, 
Mozambique, Rwanda, Sierra Leone, Somalia, Sri Lanka, and Afghanistan, 
among others, as well as the sort of violence endemic to narco-
trafficking in Colombia and Mexico.
  According to a report last year by ABC News, at least seven million 
illicit small arms and light weapons are in circulation in West Africa.
  According to Human Rights Watch, a variety of small arms and light 
weapons were readily available on the black market in Rwanda prior to 
the civil war and genocide in that country:
  In 1994 an AK-47 could be purchased in Rwanda for $250;
  a grenade for $20; and,
  a 60mm Mortar Bomb for $85.
  More than 50 million AK-47s have been manufactured in the last 40 
years, far more than are accounted for in government stockpiles or 
registries. During the past decade it is estimated that more than 1 
million Uzis and 10 million Uzi copies have gone into circulation.
  According to the South African Institute for Security Studies, an 
estimated 30,000 stolen firearms enter the illegal marketplace annually 
in South Africa. Mozambique, a country whose total population is 15 
million, has more than 10 million small arms in circulation.
  Although there are no reliable statistics available, numerous 
analysts and press reports have noted that in recent years various 
actors in the Russian military, government, and mafia have been active 
in selling large quantities of Russian military equipment on the black 
market.
  The United Nations and the Red Cross estimate that there are that 
more than 10 million small arms are in circulation in Afghanistan, 
where the terrorist organization of Osama Bin Laden is based.
  Over 1 million small arms--ranging from pistols to AK-47s to hand 
grenades--are readily available in arms bazaars on the Pakistani side 
of the Afghan border. Many of these weapons are believed to flow to the 
Kashmir, where they contribute to the instability and tension between 
India and Pakistan, who both now posses nuclear weapons.
  The United Nations estimated that over 650,000 weapons disappeared 
from government depots in Albania in the three years leading up to the 
outbreak of violence in the Balkans, including 20,000 tons of 
explosives. The NATO peacekeepers who are now moving into Kosovo may be 
under threat and danger from these weapons.
  In fact, the increased access by terrorists, guerilla groups, 
criminals, and others to small arms and light weapons poses a real 
threat to U.S. participants in peacekeeping operations and U.S. forces 
based overseas.
  Although it is my belief that the United States is not the biggest 
contributor to the problem of the global proliferation of small arms 
and light weapons--the United Nations has found that almost 300 
companies in 50 countries now manufacture small arms and related 
equipment, a 25% increase in production since 1984--in 1996 the U.S. 
licensed for export more than $527 million in light military weapons. 
With the average price of $100-300 per weapon, this represents a huge 
volume of weapons.
  Most troubling, there is increased incidence of U.S. manufactured 
weapons flowing in the international black market. In 1998, at the 
request of foreign governments, the U.S. Bureau of Alcohol, Tobacco, 
and Firearms conducted 15,199 traces of weapons used in crimes.
  In 1994, Mexico reported 3,376 illegally acquired U.S.-origin 
firearms. Many of these weapons were originally sold legally to 
legitimate buyers but then transferred illegally, many to the Mexican 
drug cartels, once they left the United States: Between 1989 and 1993, 
the State Department approved 108 licenses for the export of $34 
million in small arms to Mexico, but it performed only three follow-up 
inspections to ensure that the weapons were delivered to and stayed in 
the hands of the intended users.
  Other countries have equally porous arms sales and licensing 
regulations: In the United Kingdom, only 24 of 2,181 arms export 
licenses to 35 countries were refused last year.
  Clearly this is a huge problem, with profound implications for U.S. 
security interests. As Secretary Albright noted in her speech to the 
International Rescue Committee last year: ``The world is awash in small 
arms and light weapons.''
  The purpose of this amendment is very simple. It calls for a Report 
by the Department of State to provide Congress with an assessment of 
the dimension of the problem, the threats posed by these weapons to 
U.S. interests, and the activities of the Department regarding the 
proliferation of small arms and light weapons.
  It is my hope that this information will provide policymakers with a 
better understanding of this issue, whether sufficient resources are 
being devoted to addressing the threats posed to U.S. interests, and if 
additional resources will need to be directed towards this issue in the 
future.
  I understand that the Managers have cleared and will accept this 
Amendment for inclusion in the State Department Authorization bill. As 
a former member of the Foreign Relations Committee it was a pleasure to 
be able to work again with my former Chairman and Ranking Member, and I 
would like to thank them for working with me on this Amendment. I look 
forward to the opportunity to continue to work with them on this 
important issue.
  Mr. MOYNIHAN. Mr. President, I rise today to discuss an amendment to 
the State Department authorization bill. For 75 years academic freedom 
was squelched in the Soviet Union and the tools to build a democratic 
society were lost to its successor states. Thankfully, that is now 
passed. The Russians have the right to claim that they freed their own 
country from the horrors of a decayed Marxist-Leninist dictatorship. 
The Russian people and their leaders have something about which to be 
proud.
  I rise in that spirit to discuss an amendment that is simple in both 
premise and purpose: build democratic leaders of the NIS for the future 
through education. This modest amendment will partially fund doctoral 
graduate study in the social sciences for students from the NIS during 
the next two years. The benefits of education and exposure to the 
United States will be long lasting.
  We want to give these students from the NIS a chance to see American 
democracy and learn the tools to improve their own society. Indeed, for 
many it will be their first chance to visit the world's oldest 
democracy; to see the promise that democracy offers; and to judge its 
fruits for themselves. As one of our most famous visitors, Alexis de 
Tocqueville, wrote:

       Let us look to America, not in order to make a servile copy 
     of the institutions that she has established, but to gain a 
     clearer view of the polity that will be the best for us; let 
     us look there less to find examples than instruction; let us 
     borrow from her the principles, rather than the details, of 
     her laws . . . the principles on which the American 
     constitutions rest, those principles of order, of the balance 
     of powers, of true liberty, of deep and sincere respect for 
     right, are indispensable to all republics . . .

  In 1948 the United States instituted the now famous Marshall Plan 
which included among its many provisions a fund for technical 
assistance. Part of this fund included the ``productivity campaign'' 
which was designed to bring European businessmen and labor 
representatives here to learn American methods of production. During 
the Plan's three years, over 6,000 Europeans came to the United States 
to study U.S. production. Though the funding for this part of the plan 
was less than one-half of one percent of all the Marshall Plan aid, its 
impact was

[[Page 13756]]

far greater. The impact of this amendment may also be great.
  We must note here the current state of Russia's affairs: it is 
deplorable. Despite this situation, last spring the United States 
Senate voted to expand the North Atlantic Treaty Organization. 
Throughout the elements of the Russian political system NATO expansion 
was viewed as a hostile act they will have to defend against; and they 
have said if they have to defend their territory, they will do so with 
nuclear weapons; that is all they have left.
  The distrust born from NATO expansion will not fade quickly. Let us 
hope that this amendment will provide individuals from Russia and the 
other NIS the opportunity to see that we Americans do not hope for 
Russia's demise and isolation. Perhaps we can dispel the betrayal they 
may feel as a result of NATO enlargement, and give them the tools to 
further develop their own democracies.
  Beyond that, the importance of training the next generation of social 
scientists in the NIS is immeasurable. It is this generation that will 
revitalize the universities, teaching the next generation economics, 
political science, sociology and other disciplines. It is this 
generation of social scientists who will be prepared to enter their 
Governments armed with new ideas and new ways of thinking different 
from the status quo; they will bring their new knowledge and standards, 
their linkages to the United States back to their own countries, and 
they will have the best opportunity to influence change there.
  Mr. BIDEN. The managers amendment which I am pleased to cosponsor 
with the chairman amends this legislation to name it the ``Admiral 
James W. Nance Foreign Relations Act, Fiscal years 2000 and 2001.''
  Admiral ``Bud'' Nance was a dear friend of the chairman and a close 
friend of many of us in the Senate.
  He served his country with extraordinary distinction, and in the 
final years of his life served as Staff Director to the Senate Foreign 
Relations Committee. One of Bud Nance's objectives, which he shared 
with the chairman, was to see this particular legislation become law.
  The Senate's approval today will be a major step to that end. When 
this legislation becomes law we will have authorized the payment of 
most of the United States arrearages to the United Nations and 
encouraged significant reforms in that body.
  In addition, the Congress will have authorized the funding of our 
activities overseas for the years 2000 and 2001.
  I look at those dates and can't help but think that in many ways, 
this being but just one, your friend, our friend, Bud Nance, will 
indeed be with us as we enter the new millennium.
  I would like to thank the majority staff for their work in helping 
put this bill together--particularly Steve Biegun who assumed the role 
of staff director after our friend Bud Nance passed away.
  Patti McNerney has been tireless as majority counsel in leading the 
complex staff negotiations that helped make this bill possible.
  I would also like to thank Brian McKeon, our minority counsel for his 
hard work and the rest of the minority staff, including Jennifer Park 
and our Pearson Fellow, Joan Wadelton who put many long hours in with 
the rest of the majority and minority staff. We would not be looking at 
final passage today without all their dedicated efforts.
  The PRESIDING OFFICER. Under the previous order, the amendments are 
agreed to.
  The amendments (Nos. 705 through 731), en bloc, were agreed to.
  The PRESIDING OFFICER. Under the previous order, there are five 
minutes equally divided.
  Mr. BIDEN. Mr. President, I want to, in the minute or so I have left, 
congratulate the chairman of the committee for a job very well done. 
The managers' amendment, which he sent to the desk, I might point out, 
amends the legislation to name this legislation the Admiral James W. 
Nance Foreign Relations Act, Fiscal Years 2000 and 2001.
  Bud Nance was a man who was a dear, close friend to the chairman, and 
a close friend of many of us in the Senate. He served this country with 
extraordinary distinction in the final years of his life. He served as 
staff director of the Foreign Relations Committee.
  One of Bud Nance's objectives, which he shared with the chairman, was 
that this particular legislation become law, and he began to 
reestablish the relevance of and the bipartisan nature of the 
committee. He deserves great credit for that. I think the idea of 
naming this legislation after him is very fitting and appropriate.
  I thank the chairman again for his cooperation, for his willingness 
to listen, and for his help. He is a lucky man to have had such a close 
friend.
  I yield the floor.
  Mr. HELMS. Mr. President, in behalf of the Nance family, I express my 
appreciation not only to Senator Biden but to all of the other Senators 
who signed the statement of authenticity with reference to that. And 
personally, ladies and gentlemen, I am grateful to them. Thank you so 
much.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading, and was 
read the third time.
  Mr. BIDEN. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall it pass? On this question, the yeas and nays have 
been ordered, and the clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Arizona (Mr. McCain) is 
necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
who desire to vote?
  The result was announced--yeas 98, nays 1, as follows:

                      [Rollcall Vote No. 180 Leg.]

                                YEAS--98

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cleland
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--1

       
     Sarbanes
       

                             NOT VOTING--1

       
     McCain
       
  The bill (S. 886), as amended, was passed, as follows:
  [The bill was not available for printing. It will appear in a future 
issue of the Record.]
  Mr. LAUTENBERG. Mr. President, I move to reconsider the vote, and I 
move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Iowa is recognized under the 
order.


                         Privilege of the Floor

  Mr. HARKIN. Mr. President, I ask unanimous consent Claire Bowman and 
Sarah Wilhelm, interns in my office, be granted the privilege of the 
floor.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________