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Senate Floor: FOREIGN RELATIONS AUTHORIZATION ACT

  • Not Labeled
    Person
  • John F. Kerry
    Person
  • Joe Biden
    Person
  • Joseph I. Lieberman
    Person
  • Mitch McConnell
    Person
  • Dennis DeConcini
    Person
  • Bob Dole
    Person
  • Slade Gorton
    Person
  • Russ Feingold
    Person
  • Daniel Patrick Moynihan
    Person
  • Sander M. Levin
    Person
  • Jesse Helms
    Person
  • Orrin G. Hatch
    Person
  • Claiborne Pell
    Person
  • William Cohen
    Person
  • George J. Mitchell
    Person
  • Tom Daschle
    Person
  • Patrick J. Leahy
    Person
  • Harry Reid
    Person
  • Chris Dodd
    Person
  • Paul Simon
    Person
  • Frank Murkowski
    Person
  • Toby Roth
    Person
  • Paul Wellstone
    Person
  • Max Baucus
    Person
  • Kay Bailey Hutchison
    Person
  • Sam Nunn
    Person
Unknown

John F. Kerry

Positive
Mr. President, I think we have come to an agreement with the Senator from Colorado, so I yield the floor for his procedural motion. 5

Unknown
The PRESIDING OFFICER (Mr. Graham). The Senator from Colorado. 7

Very Positive
Mr. President, I have had a chance to chat with the distinguished Senator from Massachusetts and the distinguished Senator from Connecticut and review with them the possibilities for ensuring positive action on this measure. I have reiterated my conviction about how important it is to have private contributions. They have indicated -- and they can speak for themselves -- concerns about the way the mechanism might work. Mr. President, let me summarize quickly. 10

Unknown
In October 1991, the Senate passed the following language. That was 2\1/2\ years ago: 11

Unknown
So the concept of having contributions is not alien or foreign. It not only was mentioned when NED was first established, but it has literally been introduced into law, 2\1/2\ years ago. 13

Unknown
In looking at the USIA inspector general report, the IG had comments on the subject of contributions: 14

Unknown
In other words, many of them raised money but did not apply them to NED activity. They are speaking of one core group. Of its $628,690 in private contributions raised between 1988 and 1990, one core group spent almost all of it, $616,000, on activities related to the convention. 16

Very Positive
Another group spent a third of its funds on the convention. There is one success story, they note: A core grantee required all recipients, subrecipients to provide matching funds between 1988 and 1990. In addition, the organization provided a significant percentage of private funds to 13 overseas subrecipients. So raising private funds can be done and is being done in some cases. 17

Very Positive
A point was made as to whether these organizations have the ability to raise funds, even the token 15 percent we are talking about. I refer my friends to simply a list of the members of the board of directors. Ask yourself, are these people capable of raising funds? Walter Mondale, past board member; Henry Kissinger, past board member. We have, if you look through this list of board members, the best fundraisers in the Nation. 18

John F. Kerry

Unknown
Will my colleague yield for a question? 20

Unknown
The PRESIDING OFFICER. Will the Senator yield? 22

Very Positive
Let me complete this thought. To raise funds, all these people have to do is have a cocktail party before a board meeting. I do not mean to be trite. I think there is room to be working together. I think the difference is to have these people engaged more thoroughly. 24

Leans Negative
Questions have been raised about the right percentage. Questions have been raised about whether they should forfeit funds if they cannot meet the grant. Questions have been raised about how the funds are raised and questions about whether in-kind contributions should be allowed. All of those are legitimate concerns. 25

Very Positive
My inclination at this point is to see if we cannot work this out off the floor, see if we cannot come to some way to better involve these grantees in the process. I would like to proceed by withdrawing this amendment and working with my colleagues to see if we cannot come up with some meeting of the minds that allows us to move forward to an objective we all share. 26

Chris Dodd

Unknown
Will my colleague yield? 28

Positive
I will be glad to yield. 30

Chris Dodd

Very Positive
Mr. President, I say to my colleague from Colorado, I think having chatted with him about trying to come up with some in-kind contributions, as I am sure the Senator from Colorado knows -- for instance, perhaps we might look at other alternatives, volunteers now. There are people who volunteer their services free of charge, not paid for, that come from various entities as examples of in-kind contributions. 32

Chris Dodd

Very Positive
The Senator mentioned phones or other technical assistance and service that could keep down costs. I think we certainly ought to examine thoroughly the opportunities that we can create, done in a well-thought-out, planned way so it does not create the kinds of problems the Senator from Colorado just identified associated with a matching funds approach. 33

Chris Dodd

Very Positive
I am very happy to work with my colleague from Colorado to see if we cannot come up with a good system by which we can keep costs down, invite, attract the kind of contributions in a way that will strengthen this organization, involve more people and assist the process. 34

Chris Dodd

Very Positive
So I commend him for his decision and look forward enthusiastically to working with him on this matter. 35

Chris Dodd

Unknown
Mr. KERRY addressed the Chair. 36

Unknown
The PRESIDING OFFICER. The Senator from Massachusetts. 38

John F. Kerry

Very Positive
Mr. President, I would like to thank the Senator from Colorado. I think we had a good conversation in which we agreed that there may be some creative ways to try to avoid some of the pitfalls the Senator from Connecticut and I have cited, but at the same time have some of the up-side views we are looking for. 40

John F. Kerry

Very Positive
I would like to thank the Senator, congratulate him because I think his focus on this is well-advised. I think that we are going to have a better endowment for democracy, we are going to have a much more accountable one, we are going to probably be more effective and efficient. If there is a capacity to achieve a maximum efficiency, I think it will come about because of this intensity of scrutiny. 41

John F. Kerry

Very Positive
So I congratulate him for that. I will say to him, though, that if most of those people on the board were told ahead of time that they have to raise money, they would not go on the board. So I do not think you can just rely on the fact that some of them raised money in politics. Half of them got out of politics to get away from raising money. The last thing in the world they are going to do is accept a new responsibility and spend their time trying to raise funds. 42

John F. Kerry

Neutral
Has the Chair ruled on the withdrawal? 43

Slightly Positive
Mr. President, I ask unanimous consent to withdraw the amendment. 45

Unknown
The PRESIDING OFFICER. The Senator has the right to withdraw his amendment. The Senator has withdrawn the amendment. 47

Unknown
The amendment (No. 1272) was withdrawn. 48

John F. Kerry

Unknown
Mr. President, I say again to colleagues, we are preparing lists on both sides of the aisle. I believe on both sides of the aisle it has been hot lined to inquire whether or not Senators have additional amendments. 50

John F. Kerry

Very Positive
We would like to try to propound a unanimous-consent agreement with respect to the remaining amendments, at least fencing the amendments and hopefully arriving at a time agreement. So if Senators do have amendments, I want them to have adequate notice that we are looking to propound a unanimous-consent agreement and hopefully they will come forward. 51

John F. Kerry

Positive
I know the Senator from North Carolina has two amendments which he is about to offer, and I would say to colleagues that these amendments would be voted on, I hope, en bloc, with one vote sometime in the vicinity of 3 o'clock or so. 52

John F. Kerry

Unknown
Mr. President, I suggest the absence of a quorum. 53

Unknown
The PRESIDING OFFICER. The absence of a quorum having been suggested, the clerk will call the roll. 55

Frank Murkowski

Slightly Positive
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. 59

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 61

Frank Murkowski

Unknown
Mr. President, on behalf of myself and Senator Brown, I send an amendment to the desk and ask for its immediate consideration. 64

Unknown
The PRESIDING OFFICER. The clerk will report. 66

Frank Murkowski

Slightly Positive
Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. 71

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 73

Frank Murkowski

Very Positive
Mr. President, the purpose of the amendment is to allow and encourage high-level visits of American State diplomatic people to Taiwan. It is my understanding that the amendment has been cleared on both sides. 78

John F. Kerry

Unknown
Mr. President, that is correct. 80

Frank Murkowski

Somewhat Positive
I thank the Chair. I urge adoption of the amendment. 82

Unknown
The PRESIDING OFFICER. Is there further debate? 84

Frank Murkowski

Very Positive
I thank the floor manager as well as Senator Brown and appreciate the courtesy. 86

Slightly Positive
The PRESIDING OFFICER. Is there objection to the amendment? If not, the amendment is agreed to. 88

John F. Kerry

Unknown
Mr. President, I move to reconsider the vote. 92

Frank Murkowski

Unknown
I move to lay that motion on the table. 94

Frank Murkowski

Slightly Positive
The motion to lay on the table was agreed to. 95

Frank Murkowski

Very Positive
I thank the Chair. I thank my colleagues. 97

John F. Kerry

Somewhat Positive
I thank the Senator from Alaska. 99

John F. Kerry

Slightly Negative
Mr. President, if I could ask the Senator from Colorado, the Senator has no other amendment at this time? 100

Unknown
We have the potential of other amendments but at this point no. 102

John F. Kerry

Very Positive
If I could ask the Senator, I would be happy to meet with him now privately and we can try to define that. 104

John F. Kerry

Unknown
I suggest the absence of a quorum. 105

Unknown
The PRESIDING OFFICER. The absence of a quorum having been suggested, the clerk will call the roll. 107

John F. Kerry

Slightly Positive
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. 111

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 113

Claiborne Pell

Unknown
Mr. President, I send to the desk an amendment and ask for its immediate consideration. 116

Unknown
The PRESIDING OFFICER. The clerk will report. 118

Claiborne Pell

Slightly Positive
Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. 123

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 125

Claiborne Pell

Very Positive
Mr. President, this amendment provides for a limited exemption to the Freedom of Information Act [FOIA] in order to ensure that certain kinds of data, collected by sensors during observation flights conducted in connection with the Treaty on Open Skies, would not be made public. 140

Claiborne Pell

Very Positive
The Open Skies Treaty was signed in Helsinki on March 24, 1992. The principal purpose of the treaty is to enhance military openness and transparency by providing each treaty party with the right to overfly the territory of the other treaty parties using unarmed observation aircraft. The Senate provided its advice and consent to ratification on August 6, 1993, and the United States formally ratified the treaty on December 3, 1993. The Open Skies Treaty has been ratified by 11 other countries. It will enter into force when eight more states, including Russia, ratify. 141

Claiborne Pell

Positive
The amendment was requested by the administration. It has stated that the FOIA exemption is necessary in order to effectively implement the treaty. Without the FOIA exemption, other treaty parties would be reluctant to participate in the treaty for fear that sensitive data regarding their national security collected under the Open Skies regime would be made available to the public. 142

Claiborne Pell

Very Positive
Under the FOIA exemption, data collected on non-U.S. treaty parties could be made public by the United States only if either the state party in question agreed to such release or had previously publicly released the data itself. Also under this provision, data collected on the United States would be made public, unless such release could be reasonably expected to cause substantial harm to the national defense or foreign relations of the United States. 143

Claiborne Pell

Slightly Positive
Mr. President, I ask unanimous consent that a letter to me from the Department of State requesting this exemption be inserted in the Record. 144

Patrick J. Leahy

Very Positive
Mr. President, I rise to discuss the amendment. First, I wish to commend the chairman of the committee for the work done on this amendment and know that the language being proposed represents a significant revision and improvement from earlier drafts. 155

Patrick J. Leahy

Very Positive
It would be ironic if the Treaty on Open Skies were to cloud our citizens' rights to freedom of information. We must approach statutory exemptions to the Freedom of Information Act with great care. Given that the act has a series of exceptions that balance the public's right to free and open access to Government information with such competing concerns as national security and foreign policy, it should be rare that Congress is asked to create a statutory exemption from the act. 156

Patrick J. Leahy

Very Positive
The Freedom of Information Act has become and essential tool in our democracy for the public to obtain information about what their Government is doing. Through direct access and media access, the Freedom of Information Act provides a check on how the Government operates. Through proper implementation of the act we make openness the rule and Government secrecy the exception. 157

Patrick J. Leahy

Very Positive
I see that the language proposed in the amendment exempts data collected by sensors during observation flights from FOIA disclosure for a period of 5 years. I would have preferred that the shoe be on the other foot. Our general presumption of availability of information should govern in the absence of a specific determination that disclosure of certain information would be harmful to our national security interests or the legitimate interests of a foreign government. 158

Patrick J. Leahy

Very Positive
It is in this manner that we have traditionally structured statutory exemptions to the Freedom of Information Act. Thus, it is only after rulemaking and with periodic reports to Congress that Government information on control, accounting and security measures for the physical protection of special nuclear material, source materials and byproduct materials is excluded from FOIA disclosure. 159

Patrick J. Leahy

Very Positive
I ask for the chairman's understanding of the standard that is to be applied by the Secretaries of Defense and State. Subsection (a)(2) of the amendment requires a determination that data with respect to the United States be restricted only if its disclosure "could be reasonably expected to cause substantial harm." Is it the chairman's understanding that the standard is akin to that for classification of information as "secret"? 160

Patrick J. Leahy

Very Positive
As for data with respect to a foreign country, the exemption applies if the country has not disclosed the data to the public. The amendment allows for the foreign country, acting through the open skies consultative commission or diplomatic channels to authorize the United States to disclose the data to citizens of the United States. 161

Patrick J. Leahy

Very Positive
I intend no harm to the integrity of the treaty, but ask whether the basic purposes of the treaty are not served by the presumption of openness with exceptional treatment being reserved to data from other countries on the same basis as that from this country; namely, some identifiable national security interest. 162

Patrick J. Leahy

Very Positive
I suggest that our treaty negotiators are well-advised to explain the benefits of openness on this and future treaty subjects to their counterparts from other countries. Certainly there can be exceptions, but experience has taught us that such exceptions to the rule of openness should be narrowly created and specifically applied. 163

Patrick J. Leahy

Very Positive
I ask my colleagues to join with me to urge the Department of State to use its good offices and those of the open skies consultative commission to urge foreign signatories of the treaty to enjoy the benefits of maximum disclosure and the rule of openness. 164

Patrick J. Leahy

Unknown
Indeed, by title IV of this bill we are establishing a Commission on Protecting and Reducing Government Secretary for the express purpose of reducing the volume of classified information. 165

Patrick J. Leahy

Neutral
I recognize that overflight data can contain sensitive security information. Such data, when otherwise secret, should not become available to hostile forces through participation in Open Skies. The need for legitimate exception for such information is not the issue. 166

Patrick J. Leahy

Neutral
We should encourage signatories to Open Skies by protecting participants. We should not and need not do so by doing damage to our domestic law or disserving our democratic interests in expanding information and participation of the citizenry in our public policy. I do not wish to see the language or processes of this amendment become a precedent. 167

Claiborne Pell

Slightly Negative
I ask that we go ahead and vote on this measure if there is no objection. 169

Unknown
The PRESIDING OFFICER. Is there further debate? 171

John F. Kerry

Leans Positive
Mr. President, this has been cleared on both sides. 173

Frank Murkowski

Slightly Negative
No further debate. 175

Slightly Positive
The PRESIDING OFFICER. Is there objection to the amendment? Without objection, the amendment is agreed to. 177

John F. Kerry

Unknown
Mr. President, I move to reconsider the vote. 181

Frank Murkowski

Unknown
I move to lay that motion on the table. 183

Frank Murkowski

Slightly Positive
The motion to lay on the table was agreed to. 184

Claiborne Pell

Unknown
Mr. President, I send an additional amendment to the desk and ask for its immediate consideration. 187

Unknown
The PRESIDING OFFICER. The clerk will report. 189

Claiborne Pell

Slightly Positive
Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. 194

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 196

Claiborne Pell

Somewhat Negative
Mr. President, this amendment provides the Department of Defense with authority to transfer obsolete or surplus United States military equipment to South Korea from war reserve stockpiles located in South Korea. The equipment in question includes ammunition, old M-48 tanks, artillery, and repair parts. 212

Claiborne Pell

Unknown
This provision was requested by the administration. It is necessary because section 514 of the Foreign Assistance act requires that any such transfer be specifically authorized by legislation. 213

Claiborne Pell

Very Positive
The United States no longer needs the equipment in question, and South Korea is the only country that has expressed an interest in it. In exchange for receiving the equipment, South Korea would provide the United States with concessions that would be at least equal to the transferred equipment's fair market value. The Department of the Army has informed the Committee on Foreign Relations that passage of this legislation will benefit the United States by more than $200 million in cost avoidance through fiscal year 1996. 214

Claiborne Pell

Very Positive
Mr. President, this amendment is a good, but partial, solution to a lingering problem. Major war reserve stocks remain in South Korea, and under certain circumstances removing them from our inventory could prove very costly to the United States. I intend that the Committee on Foreign Relations this year take a thorough look at the South Korean stockpile situation, and devise a solution that will meet both the national security and budgetary needs of the United States. 215

Claiborne Pell

Unknown
Mr. President, I ask that the letter to me from the Department of the Army requesting this legislation be included in the Record at this point. 216

Claiborne Pell

Unknown
Mr. President, I ask that we proceed to a vote. 230

Somewhat Positive
The PRESIDING OFFICER. Is there further debate on the amendment? Is there objection to this amendment? Without objection, the amendment is agreed to. 232

John F. Kerry

Slightly Positive
Mr. President, I move to reconsider the vote by which the amendment was agreed to. 236

Claiborne Pell

Unknown
I move to lay that motion on the table. 238

Claiborne Pell

Slightly Positive
The motion to lay on the table was agreed to. 239

Claiborne Pell

Somewhat Positive
I thank the Chair. 241

Claiborne Pell

Unknown
Mr. MURKOWSKI addressed the Chair. 242

Unknown
The PRESIDING OFFICER. The Senator from Alaska. 244

Frank Murkowski

Unknown
Mr. President, I send an amendment to the desk and ask for its immediate consideration. 247

Unknown
The PRESIDING OFFICER. The clerk will report. 249

Frank Murkowski

Slightly Positive
Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. 254

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 256

Frank Murkowski

Very Positive
Mr. President, the purpose of the amendment is to allow a study for 1 year, and if the study is favorable it would establish a pilot program which would allow travelers from Korea to visit Hawaii and Alaska, as Guam currently enjoys traveling from Korea into Guam which is a United States territory, without a visa requirement. 271

Frank Murkowski

Positive
As the Chair knows, most nations' citizens who come into the United States do not need a visa. For Korea we currently require a visa. 272

Frank Murkowski

Positive
So there would be a State Department study to determine the merits of allowing for a 1-year period of residency of Korea to travel to Hawaii and Alaska without a visa. The provision would be that they would have to show a round-trip air ticket before they could depart Korea. They would have to show that when they went through Customs and Immigration upon entering either Alaska or Hawaii. If the State Department determines that it is not advisable, based on their criteria of visa application, obviously it would not go anywhere. That is the purpose of the amendment. 273

Frank Murkowski

Very Positive
I have explained it to the majority, the floor leader. If he has any questions, I would be happy to respond. But it would be meritorious inasmuch as Korea is one of the few countries where we continue to require visas upon entry. We feel that it might extend from both Guam to Alaska and Hawaii inasmuch as most of the traffic that is generated from Korea either stops in Guam or Hawaii. 274

Frank Murkowski

Unknown
Mr. KERRY addressed the Chair. 275

Unknown
The PRESIDING OFFICER. The Senator from Massachusetts. 277

John F. Kerry

Very Positive
Mr. President, I think the concept itself is meritorious, let alone the study. But I think the Senator is wise to ask for a study to determine whether or not there are negatives that we are not at this time aware of. I think it is a good approach. We support it. 279

Unknown
The PRESIDING OFFICER. Is there further debate? 281

Frank Murkowski

Unknown
I urge adoption. 283

Somewhat Positive
The PRESIDING OFFICER. Is there further debate? Is there objection? Without objection, the amendment is agreed to. 285

John F. Kerry

Slightly Positive
Mr. President, I move to reconsider the vote by which the amendment was agreed to. 289

Frank Murkowski

Unknown
I move to lay that motion on the table. 291

Frank Murkowski

Slightly Positive
The motion to lay on the table was agreed to. 292

John F. Kerry

Slightly Positive
I believe the Senator from North Carolina is prepared to propound two amendments en bloc. 294

Unknown
The PRESIDING OFFICER. The Senator from North Carolina is recognized. 296

Jesse Helms

Very Positive
Mr. President, thank you very much, and I thank my distinguished colleague from Massachusetts. I do have two amendments. They are very closely related. They address the same subject. As a matter of fact, Senator Kerry is perfectly willing to take both amendments but because of my obsession about the U.S. Constitution and the protection of the rights of the American people and so forth, I would like to have a rollcall vote. 298

Jesse Helms

Unknown
The first one involves the first amendment of the Constitution. 299

Jesse Helms

Unknown
Mr. President, I send an amendment to the desk and ask for its immediate consideration. 302

Unknown
The PRESIDING OFFICER. The clerk will report. 304

Jesse Helms

Unknown
Mr. President, at the outset, let me read the first amendment of the U.S. Constitution which is or should be familiar to all of us. 311

Jesse Helms

Very Negative
This amendment stipulates that the U.S. Senate will not consent to the ratification of any treaty providing for U.S. participation in an international criminal court unless American citizens are guaranteed that nothing in the terms establishing such an international criminal court or in its operation shall infringe upon or diminish the rights of American citizens under the first amendment of the Constitution as interpreted by the United States. 313

Jesse Helms

Very Positive
As the distinguished occupant of the chair knows, the first amendment of the U.S. Constitution refers to freedom of speech and freedom of the press. What do these matters have to do with international criminal courts? A lot, Mr. President; a lot. 314

Jesse Helms

Negative
It is important to realize that when we talk about an international criminal court, there is not only no agreed-upon list of what constitutes a "crime of an international character" but there is not even an agreed-upon procedure of how a list of international crimes is to be drawn up or who will do it. 315

Jesse Helms

Very Negative
So at this point to get some hint of what should be considered a crime of an international character we have to look at the academic literature. 316

Jesse Helms

Very Negative
The leading proponent of an international criminal court is Professor Bassiouni of De Paul University in Chicago. Writing in the spring 1991 issue of the Indiana International and Comparative Law Review at page 20, the professor argues for the widest possible jurisdiction of the court. 317

Jesse Helms

Somewhat Negative
Within that widest possible jurisdiction, the professor notes, apparently with his approval, such possible international crimes as insults to a foreign state or dissemination of false or distorted news. 318

Jesse Helms

Very Negative
If insults to a foreign state means Iraq, I plead guilty right here and now. 319

Jesse Helms

Leans Negative
And I am sure the rulers of Communist China have their particular views of what constitutes false or distorted news. This body knows of their repeated denials of credible newspaper accounts of major arms exports to Middle Eastern dictatorships, for example. 320

Jesse Helms

Slightly Negative
Let us not forget who may be determining what is an insult to a foreign state or what is false or distorted news. Under the most likely scenario of an international criminal court, at least some of the judges will come from such places as North Korea or Iran which have no tradition of freedom of the press or freedom of speech. 321

Jesse Helms

Negative
Therefore, both parts of this amendment are required: The prohibition on infringement of our first amendment liberties and the right to determine for ourselves what constitutes such an infringement. 322

Jesse Helms

Slightly Positive
Mr. President, I ask unanimous consent that that amendment be laid aside temporarily. 323

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 325

Jesse Helms

Unknown
Mr. President, I send an amendment to the desk and ask for its immediate consideration. 328

Unknown
The PRESIDING OFFICER. The clerk will report. 330

Jesse Helms

Very Positive
Mr. President, as I did in the case of the previous amendment, I desire to read in this instance the fourth amendment of the U.S. Constitution which I seek to protect: 337

Jesse Helms

Very Negative
That is the fourth amendment. The pending amendment stipulates that the U.S. Senate will not consent to the ratification of any treaty providing for international criminal court, unless and until American citizens are guaranteed that nothing in the terms establishing such an international criminal court or in its operation shall infringe upon or diminish the rights of American citizens under the fourth amendment of the Constitution, as interpreted by the United States. 339

Jesse Helms

Slightly Positive
The fourth amendment concerns itself, as is obvious, with unreasonable searches and seizures, as well as the need for probable cause before a warrant can be issued. 340

Jesse Helms

Slightly Negative
There is no indication that proponents of an international criminal court understand or respect these basic rights of the American people. For example, in the case of the United Nations' effort to establish an international tribunal for war crimes in Bosnia, the Secretary General's report on May 3, 1993, at page 24, simply states that the prosecutor may "conduct on-site inspections." Mr. President, we cannot have that. We cannot have that action by the United Nations, that decision by the Secretary General, and this involving an American citizen or any American institution. 341

Jesse Helms

Slightly Negative
There is no reference to unreasonable searches and seizures or to the need for probable cause. 342

Jesse Helms

Very Negative
On page 27 of the same report, the Secretary General gives a list of rights of the accused. Again, there is no reference to unreasonable searches and seizures or probable cause. 343

Jesse Helms

Positive
Some American specialists have also noted this problem. For example, Mr. Ralph Mecham, Director of the Administrative Office of the United States Courts, addressed this issue in a letter to Speaker Foley on October 28, 1991. Mr. Mecham said the following: 344

Jesse Helms

Slightly Positive
It is worth noting there is nothing to keep judges from North Korea or Syria serving on this international criminal court. It would be they who would determine whether a search was proper or not. 346

Jesse Helms

Negative
Therefore, both parts of this amendment are required: The prohibition of infringement of our fourth amendment liberties and the right to determine for ourselves what constitutes an infringement. 347

Jesse Helms

Slightly Positive
Mr. President, I ask unanimous consent that the two pending amendments, which I have just submitted, be considered jointly, with one vote. I will ask for a rollcall vote and ask that it be counted as one vote. 348

John F. Kerry

Leans Negative
Reserving the right to object, and I do not want to object, but I want to see if there is a way to deal with a procedural problem here. I intend to vote for the amendment. I have no problems with it. I would be happy to accept them without a rollcall vote. But the Senator, which is his right, would like a rollcall vote. I am advised that the only time we have ever voted en bloc is on treaties, and that there is a difficulty in voting en bloc because one person might have a problem with one of the amendments -- and I am not sure they would, but they might. So the question is either whether the Senator would be willing to fold the two into one amendment, or I will accept one, and then we pick one to have a rollcall vote on. 350

Jesse Helms

Unknown
We will just have two rollcall votes. I ask for the yeas and nays on the first amendment. 352

Slightly Negative
The PRESIDING OFFICER. Amendment No. 1278 is the pending amendment. 354

Jesse Helms

Unknown
Mr. President, I suggest the absence of a quorum. 356

Unknown
The PRESIDING OFFICER. The clerk will call the roll. 358

Jesse Helms

Slightly Positive
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. 362

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 364

Jesse Helms

Unknown
Mr. President, I withdraw the two amendments at this time. I have the right to modify both amendments, and I will so modify them and combine them into one. 366

Unknown
The PRESIDING OFFICER. The Senator has that right. 368

Unknown
The amendment is so modified. 369

Jesse Helms

Unknown
Mr. President, I yield to the Senator from Massachusetts. 375

John F. Kerry

Unknown
Mr. President, I request the yeas and nays on the amendment. 377

Unknown
The PRESIDING OFFICER. Is there a sufficient second? 379

Unknown
There is a sufficient second. 380

John F. Kerry

Somewhat Negative
We will obviously have a rollcall vote on this amendment, but we want to delay that for a little while. So I put colleagues on notice that there is a rollcall backed up here. 384

John F. Kerry

Slightly Positive
I ask unanimous consent that the amendment be temporarily set aside. 385

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 387

John F. Kerry

Unknown
Mr. President, I suggest the absence of a quorum. 389

Unknown
The PRESIDING OFFICER. The clerk will call the roll. 391

Chris Dodd

Slightly Positive
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. 395

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 397

Chris Dodd

Somewhat Positive
Mr. President, I just want to briefly say to my colleague and friend from North Carolina that the Senator from Connecticut has no objection whatsoever to this amendment. 399

Chris Dodd

Unknown
Again, I state he and I discussed this at some length yesterday. There is a fundamental difference that we have as to whether or not there ought to be any kind of international court. 400

Chris Dodd

Slightly Positive
Aside from that issue is the sense-of-the-Congress resolution which is included in this particular bill that is now before us and was supported yesterday by a majority of our colleagues on a motion to table an amendment to strike. 401

Chris Dodd

Very Positive
The purpose of that sense-of-the-Senate resolution was merely to state our generic interest in pursuing the idea and the concept of an international court of criminal justice. None of us know what that proposal will include. Certainly, I would not ask my colleagues nor myself to endorse something we have not seen or been able to judge. But on the concept of an international criminal court I believe it is in the interest of our country to pursue one. 402

Chris Dodd

Very Positive
This amendment offered by our colleague from North Carolina merely states that in the terms establishing such a court, the court will take no action infringing upon or diminishing the rights of any citizen of the United States under the fourth and first amendments of the United States Constitution. 403

Chris Dodd

Very Positive
I thoroughly endorse that proposition and urge the adoption of the amendment either by voice vote or recorded vote, whatever our colleague from North Carolina desires. But it certainly is consistent with the sense-of-the-Senate resolution that the Senate approved of yesterday. 404

Chris Dodd

Positive
So I urge the adoption of this amendment in any manner that our colleague in North Carolina intends to seek approval of this amendment. 405

Jesse Helms

Somewhat Positive
I thank the Senator. 407

Unknown
The PRESIDING OFFICER. The Senator from North Carolina. 409

Unknown
The Chair thought the Senator from North Carolina was seeking recognition. 410

Jesse Helms

Unknown
Mr. President, I suggest the absence of a quorum. 412

Unknown
The PRESIDING OFFICER. The clerk will call the roll. 414

Mitch McConnell

Slightly Positive
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. 418

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 420

Mitch McConnell

Unknown
Mr. President, I send an amendment to the desk and ask for its immediate consideration. 423

Unknown
The PRESIDING OFFICER. The clerk will report. 425

Mitch McConnell

Slightly Positive
Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. 430

Unknown
The PRESIDING OFFICER. Without objection, it is so ordered. 432

Mitch McConnell

Unknown
Mr. President, I ask for the yeas and nays on my amendment. 440

Unknown
The PRESIDING OFFICER. Is there a sufficient second? 442

Unknown
There is a sufficient second. 443

Mitch McConnell

Very Positive
Mr. President, let me briefly describe the amendment which I have sent to the desk and then offer an account of why I hope the Senate will adopt it. 447

Mitch McConnell

Very Positive
My amendment is simply a sense-of-the-Senate amendment urging the United States to support immediate admission to NATO of those nations which share and advance a common set of principles. U.S. support is predicated upon a nation having a demonstrated capability to commit resources to our common defense, as well as established democratic practices, including free elections, civilian control over the military, respect for territorial integrity, and the individual liberties of all citizens. 448

Mitch McConnell

Negative
I believe we face a crisis in Europe which has been created by a failure to define our vital interests -- an unwillingness to set an American course of conduct separate and apart from Boris Yeltsin. 449

Mitch McConnell

Neutral
Mr. President, earlier this week, the Subcommittee on Foreign Operations met to review our assistance programs to the New Independent States of the former Soviet Union. It was no surprise to any of us that Ambassador Talbott's opening comment was he would only address his remarks to one of those states, the Russian Federation. 450

Mitch McConnell

Positive
This emphasis, what I now call the administration's Moscow myopia is not new. Last year, during consideration of the foreign operations bill I tried to link the provision of assistance for any country to its respect for territorial integrity and national sovereignty. At that time, we had all received an urgent plea for help from the President of Georgia, Mr. Shevardnadze. He had publicly accused the Russian military of aiding and abetting an insurgent movement that was threatening to bring down his democratically elected government. His cry for help, met deaf ears in this administration. 451

Mitch McConnell

Leans Negative
Now these events occurred in the early stages of the Russian test of their policy toward the near abroad. There were no speeches or policy statements clarifying their ambitions to exercise influence, extend their military reach, and assert control over the political and economic affairs of their neighbors. 452

Mitch McConnell

Very Positive
We now have both actions and words which make clear Russian policy in the region. Foreign Minister Kozyrev, a so-called reformer, has spelled out Russian intentions in ambitious and aggressive terms. Before the world last fall at the General Assembly and in a speech just last week to the Russian ambassadors serving in the former republics he has established a Russian Monroe doctrine for the region. To prevent what he called a "security vacuum" in the area, Kozyrev said Russia must maintain a military presence in the former republics to protect Russian interests. 453

Mitch McConnell

Slightly Negative
The U.S. response was strangely silent. 454

Mitch McConnell

Very Positive
As I said, although I strongly oppose Russia's imperial reach, I have grown accustomed to the administration turning a blind eye to this advance. Just as they opposed linking aid to respect for territorial integrity, they also opposed earmarking funds for Ukraine. In establishing an account for Ukraine, I made clear I wanted to clarify United States support for its independent status. Among other arguments, I was told that this would be viewed as an insult to Moscow. 455

Mitch McConnell

Very Positive
I believe this preoccupation with Moscow's sensitivities is directly contributing to the slow down in talks for full withdrawal of Russian troops from the Baltics. Although, Congress has made clear this is a high priority and designated funds to house returning troops to accelerate the process, a high level delegation from Latvia in town a few weeks ago concluded that the Russians have little interest and less incentive to withdraw. After their elections, the Russians suspended the withdrawal negotiations. Prior to this they were demanding extended leases on military bases as they continued to build a new radar facility on Latvian soil. These are not the signs of retreat. 456

Mitch McConnell

Very Negative
In the past year, I have expressed my concern about Russian domination of the new republics. Whether it is stalled talks in the Baltics or the periodic suspension of oil shipments to Ukraine amounting to economic terrorism, the pattern is ominous and from my perspective, stands unchallenged by the United States Government. 457

Mitch McConnell

Very Negative
Conceding Russian influence and control over the republics is inexcusable, but the administration has now taken the outrage one giant step forward. I believe we have essentially given Russia veto authority over our European policy over all of Europe. 458

Mitch McConnell

Very Positive
Although the Partnership for Peace was broadcast by the United States and Russian Governments as a major achievement, few in Europe privately agreed. Having pressed the case for formal admission to NATO, Lithuania, Poland, Hungary and the Czech Republic were flatly rejected. Having pleaded for acceptance and protection, these nations were left out in the cold. 459

Mitch McConnell

Slightly Negative
Let me read some of Lech Walesa's comments about the Partnership for Peace and the NATO summit. "You can't talk about partnership but of blackmail. There is no partnership in blackmail * * * Russia is putting pressure on NATO by setting conditions. What kind of partner exerts pressure? That's how I see it today and I am not happy about it because no one, neither NATO nor other western countries has anything to gain by it." After meeting with President Clinton and the other Visegrad leaders in Prague, Walesa offered a grim observation. "The world's big powers settled the matter. We'll try to make the best we can of it." Hardly a ringing endorsement. 460

Mitch McConnell

Slightly Positive
An envoy of Poland's government in exile during the war and one of the nation's leading commentators summed up the situation in Europe this way: "The greatest threat is that the lack of reaction to Moscow's imperialist rhetoric could be understood as silent approval or even encouragement." He want on to characterize the Partnership as appeasement of Russia -- as we all know, appeasement is a word loaded with volumes of history in Europe. 461

Mitch McConnell

Slightly Positive
Concerned about the Central Europeans' point of view at the hearing early this week, I asked Ambassador Talbott what these nations would have to do to guarantee admission to NATO. 462

Mitch McConnell

Very Positive
His answer: "Well, the President made clear in Brussels that the issue of actually expanding the membership of NATO Alliance per se will have to take into account a fairly wide range of issues which one can only speculate about now, but they will include the whole security picture in Europe and, indeed, Eurasia." I am not quite sure what that says, Mr. President. 463

Mitch McConnell

Very Negative
Well, we all know the President did not make clear in Brussels the exact terms for expanding NATO. He could not make clear the conditions because it would demonstrate beyond a shadow of any sinister doubt that we have accorded Russia veto authority over NATO's membership. 464

Mitch McConnell

Negative
Instead of a reluctance to draw lines, I view the Partnership as a reluctance to make a decision, an unwillingness to define U.S. interests apart from politics and personalities in Moscow. 465

Mitch McConnell

Slightly Positive
I had thought we had learned our lesson about yielding U.S. leadership and interests in the streets of Mogadishu. 466

Mitch McConnell

Very Positive
By refusing Hungary, Poland, and the Czech Republic admission to NATO we have capitulated to Russian interests and Russian pressure. We have bowed to the Russian desire to blur the lines between democracy and despots -- the line between freedom and fascism. 467

Mitch McConnell

Very Positive
I was struck by former Secretary of State Henry Kissinger's ever cogent analysis of the European scene which appeared a few weeks ago in the Los Angeles Times. He said, "A moderate Russian foreign policy will be impeded by turning a blind eye to the reappearance of Russian imperial pretensions. Russia's efforts at reform cannot exempt it from accepted principles of conducting foreign policy." I share his view that in allowing Russia veto authority over our European interests we may damage the very cause we hope to advance -- Russian political and economic reform. That is what we all want to see. Ambassador Talbott and the President take the view that drawing new lines, including the Visegrad democracies within the NATO circle of security will inflame nationalist elements in Russia. This could, in turn, complicate if not jeopardize the future of reform and reformers. 468

Mitch McConnell

Unknown
But once again, I am cautioned by Mr. Kissinger who noted: 469

Mitch McConnell

Slightly Negative
Mr. President, left out in the cold, I fear the worst for the new democracies in Central Europe. Let us accept for one moment the prospect outlined yesterday in the Washington Post, that Ukraine is on the verge of economic implosion. Just for the subject of discussion, let us assume that Ukraine is on the verge of economic implosion. Although there are fierce advocates of independence in the western part of Ukraine, it is unclear how long the eastern part would or could withstand Russia's declared interests in reestablishing dominion. The Visegrad nations have repeatedly and publicly clear that an independent Ukraine is an essential buffer in maintaining geostrategic stability and security. Envision this, Mr. President. Faced with Russian predators, what is to stop the Central Europeans from forging a security coalition with the remnants of the Ukrainian Government shielded by Ukrainian nuclear weapons? 471

Mitch McConnell

Somewhat Positive
A year ago it was unthinkable, but a year ago, the democracies of Europe believed they would be accepted into NATO with open arms. 472

Mitch McConnell

Positive
I offer this history, this overview to put my amendment in a context, to explain why I think the Partnership for Peace is inadequate to the task of preserving European stability and security.