[Congressional Record (Bound Edition), Volume 145 (1999), Part 15]
[Senate]
[Pages 21880-21881]
[From the U.S. Government Publishing Office, www.gpo.gov]





               EAST TIMOR SELF-DETERMINATION ACT OF 1999

  Mr. FEINGOLD. Mr. President, I sought a few minutes ago to get 
unanimous consent to have the Senate pass the East Timor Self-
Determination Act of 1999, and I am extremely pleased with the support 
we received from both sides of the aisle on it. Apparently, there was 
some objection to taking this step by unanimous consent today. Time is 
clearly of the essence with regard to this very important legislation, 
in light of the situation in East Timor. We must send a strong 
statement from the Senate. We have to send a clear message to Jakarta 
that the Government of Indonesia must live up to its commitment to the 
people of East Timor. So I will again seek, along with Senator Reed, 
Senator Harkin, Senator Leahy and others, early next week when we come 
back, to have this passed.
  I especially thank the Senator from Rhode Island, Mr. Reed, the 
Senator from Vermont, Mr. Leahy, and the Senator from Iowa, Mr. Harkin, 
for their longstanding commitment to realize self-determination for 
people of East Timor. I especially thank the chairman and the ranking 
member of the Senate Committee on Foreign Relations and the chairman 
and ranking member of the Subcommittee on East Asian and Pacific 
Affairs, Mr. Thomas and Mr. Kerry, for their work to ensure swift 
passage of this important legislation by the Senate.
  I reiterate, the chairman, Senator Helms, has been enormously helpful 
in getting this bill through the committee, discharged from committee, 
and out to the Senate floor. This legislation is crucial to maintaining 
pressure on the Indonesian Government to live up to the obligations it 
has made to the people of East Timor and to the international 
community, including its commitment to admit and cooperate with an 
international peacekeeping force in East Timor. The bill suspends all 
military and most economic assistance to the Government of Indonesia, 
including assistance still in the pipeline, until the President 
determines the Government of Indonesia is cooperating with the efforts 
by the international community to establish a safe and secure 
environment in East Timor and is taking a series of specific, 
significant steps to that end.
  I also take this moment to applaud the U.N. Security Council on its 
passage of a resolution authorizing the deployment of a multinational 
force to



East Timor, and to commend the nation of Australia and other countries 
in the region that have agreed to provide troops for that force.
  I reiterate what I believe are the next crucial steps that have to be 
taken so the people of East Timor can finally realize the independence 
they so clearly on August 30 expressed a desire to have.
  The international peacekeeping force must be deployed as rapidly as 
possible. We must quickly and concisely define the scope of a limited 
U.S. role in the peacekeeping mission. The international community must 
keep pressure on Indonesia, pressure that will be brought to bear by 
this legislation. The peacekeepers, humanitarian workers, and war 
crimes investigators must be allowed full access to East Timor.
  Again, it is my hope this will be taken up quickly next week.
  Mr. President, I ask unanimous consent the text of the amendment 
which Senator Helms and I and Senator Harkin have offered as a 
substitute be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDING; PURPOSE.

       (a) Congressional Finding.--Congress recognizes that the 
     Government of Indonesia took a positive and constructive step 
     by agreeing on September 12, 1999, to the deployment of an 
     international peacekeeping force to East Timor.
       (b) Purpose.--The purpose of this Act is to encourage the 
     Government of Indonesia to 
     
[[Page 21881]]     
     
     take such additional steps as are 
     necessary to create a peaceful environment in which the 
     United Nations Assistance Mission in East Timor (UNAMET) can 
     fulfill its mandate and implement the results of the August 
     30, 1999, vote on East Timor's political status.

     SEC. 3. SUSPENSION OF ECONOMIC ASSISTANCE.

       (a) Multilateral Economic Assistance.--
       (1) In general.--Except as provided in subsection (c), the 
     Secretary of the Treasury shall instruct the United States 
     executive directors to the international financial 
     institutions to oppose, and vote against, any extension by 
     those institutions of any financial assistance (including any 
     technical assistance or grant) of any kind to the Government 
     of Indonesia.
       (2) Sense of congress.--It is the sense of Congress that 
     the international financial institutions should withhold the 
     balance of any undisbursed approved loans or other assistance 
     to the Government of Indonesia.
       (3) International financial institutions defined.--In this 
     subsection, the term ``international financial institution'' 
     includes the International Monetary Fund, the International 
     Bank for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Multilateral Investment Guaranty Agency, and 
     the Asian Development Bank.
       (b) Restriction on Bilateral Economic Assistance.--Except 
     as provided in subsection (c), none of the funds appropriated 
     or otherwise made available to carry out chapter 1 of part I 
     (relating to development assistance) or chapter 4 of part II 
     (relating to economic support fund assistance) of the Foreign 
     Assistance Act of 1961 may be available for Indonesia, except 
     subject to the procedures applicable to reprogramming 
     notifications under section 634A of that Act.
       (c) Exception.--Subsections (a) and (b) shall not apply to 
     the provision of humanitarian assistance (such as food or 
     medical assistance) to Indonesia or East Timor.
       (d) Conditions for Termination.--The measures described in 
     subsections (a) and (b) shall apply until the President 
     determines and certifies to the appropriate congressional 
     committees that the Government of Indonesia is cooperating 
     with efforts by the international community to establish a 
     safe and secure environment in East Timor and is taking 
     significant steps to--
       (1) end the violence perpetrated by units of the Indonesian 
     armed forces and by armed militias opposed to the 
     independence of East Timor;
       (2) enable displaced persons and refugees to return home;
       (3) ensure freedom of movement within East Timor, including 
     access by humanitarian organizations to all areas of East 
     Timor; and
       (4) enable UNAMET to resume its mandate, without threat or 
     intimidation to its personnel.

     SEC. 4. SUSPENSION OF SECURITY ASSISTANCE.

       (a) Prohibitions on Cooperation and Support.--
       (1) Assistance.--None of the funds appropriated or 
     otherwise made available under the following provisions of 
     law (including unexpended balances of prior year 
     appropriations) may be available for Indonesia:
       (A) The Foreign Military Financing Program under section 23 
     of the Arms Export Control Act.
       (B) Chapter 2 of part II of the Foreign Assistance Act of 
     1961 (relating to military assistance).
       (C) Chapter 5 of part II of the Foreign Assistance Act of 
     1961 (relating to international military education and 
     training assistance).
       (2) Licensing.--None of the funds appropriated or otherwise 
     made available under the following provisions of law 
     (including unexpended balances of prior year appropriations) 
     may be available for licensing exports of defense articles or 
     defense services to Indonesia under section 38 of the Arms 
     Export Control Act.
       (3) Deliveries.--No defense article or defense service may 
     be exported or delivered to Indonesia or East Timor by any 
     United States person (as defined in section 16 of the Export 
     Administration Act of 1979 (50 U.S.C. app. 2415) or any other 
     person subject to the jurisdiction of the United States 
     except as may be necessary to support the operations of an 
     international peacekeeping force in East Timor or in 
     connection with the provision of humanitarian assistance.
       (b) Conditions for Termination.--The measures described in 
     subsection (a) shall apply with respect to the Government of 
     Indonesia until the President determines and certifies to the 
     appropriate congressional committees that--
       (1) a generally safe and secure environment exists in East 
     Timor, including--
       (A) an end to the violence perpetrated by units of the 
     Indonesian armed forces and by armed militias opposed to the 
     independence of East Timor;
       (B) the ability of displaced persons and refugees to return 
     home;
       (C) freedom of movement within East Timor, including access 
     by humanitarian organizations to all areas of East Timor; and
       (D) the ability of UNAMET to resume its mandate, without 
     threat or intimidation to its personnel;
       (2) the armed forces of Indonesia clearly--
       (A) have ceased engaging in violence in East Timor;
       (B) have ceased their support and training of armed 
     militias opposed to the independence of East Timor; and
       (C) are withdrawing their forces from East Timor in 
     cooperation with a United Nations-supervised process of 
     transferring sovereignty from Indonesia to an independent 
     East Timor; and
       (3) significant steps have been taken to implement the 
     results of the August 30, 1999, vote on East Timor's 
     political status, which expressed the will of a majority of 
     the Timorese people.

     SEC. 5. MULTILATERAL EFFORTS.

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

     SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

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

  Mr. FEINGOLD. Mr. President, I received a note that Senator Reed will 
not be able to join us on this short notice, according to his staff. I 
do want to take this last moment to say Senator Reed has been an 
extremely devoted Senator with regard to this issue, in fact, taking 
what I consider to be the rather courageous and difficult step of going 
to East Timor just prior to the election. Of course, we all know what 
happened subsequently.
  I express my admiration and thanks to Senator Reed of Rhode Island 
for his work on this issue. I am sure he will address this at a future 
time.
  I yield the floor.

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