[Congressional Record Volume 140, Number 1 (Tuesday, January 25, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 25, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 DEPARTMENT OF STATE AUTHORIZATION ACT

  The Senate continued with the consideration of the bill.
  Mr. PELL. Mr. President, I am very pleased to join my colleagues in 
sponsoring this amendment, and I want to reiterate my appreciation to 
Senator Biden and Senator Feingold for their efforts to resolve their 
differences on broadcasting. I know that both Senators have been very 
engaged in this issue.
  This amendment preserves the critical cost savings provisions of the 
administration's proposal while it also retains for Radio Free Europe/
Radio Liberty the independence that has made them such effective voices 
in the past. We have received testaments from a number of Eastern 
European leaders on the importance of RFE/RL to their countries over 
the past years.
  The amendment establishes the same sort of independence for Radio 
Free Asia. At the same time, the amendment imposes tight cost controls 
to ensure that the radio operates in the most cost effective manner 
possible. I commend Senator Feingold for his efforts in this area.
  To conclude, I think U.S. foreign policy and American taxpayers will 
benefit from this amendment.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. HELMS. Mr. President, I ask for the yeas and nays on the 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. KERRY. Mr. President, I believe we are going to ask to set this 
aside indefinitely?
  Mr. HELMS. Exactly.
  Mr. KERRY. Mr. President, I ask unanimous consent this amendment be 
set aside, subject to the call of the managers of the bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HELMS. Mr. President, that means, of course, that the bill is 
open to further amendment, is that correct?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. HELMS. I thank the Chair.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HELMS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1247

   (Purpose: To amend the Foreign Service Act of 1980 to provide the 
Secretary with authority to take reduction in force actions with regard 
       to members of the Foreign Service, and for other purposes)

  Mr. HELMS. Mr. President, I send an amendment to the desk and ask 
that it be stated.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The bill clerk read as follows:

       The Senator from North Carolina [Mr. Helms] proposes an 
     amendment numbered 1247.

  Mr. HELMS. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the appropriate place in title II, part B, add the 
     following:

     SECTION 1. REDUCTION IN FORCE AUTHORITY WITH REGARD TO THE 
                   FOREIGN SERVICE.

       (a) In General.--(1) Title VI of the Foreign Service Act of 
     1980 (22 U.S.C. 4001 et seq.) is amended--
       (A) by redesignating sections 611, 612, and 613 as sections 
     612, 613, and 614 respectively; and
       (B) by inserting after section 610 the following new 
     section:
       ``Sec. 611. Reductions in Force.--(a) The Secretary may 
     conduct reductions in force and may prescribe regulations for 
     the separation of members of the Service under such 
     reductions in force which give due effect to--
       ``(1) organizational need;
       ``(2) documented employee qualifications, knowledge, 
     skills, or competencies;
       ``(3) documented employee performance;
       ``(4) tenure of employment; and
       ``(5) military preference.
       ``(6) For purposes of this section the term `members of the 
     Service' means the individuals described under section 
     103.''.
       (2) The table of contents for the Foreign Service Act of 
     1980 is amended by striking out the items related to section 
     611, 612, and 613 and inserting in lieu thereof the 
     following:

``Sec. 611. Reductions in force.
``Sec. 612. Termination of limited appointments.
``Sec. 613. Termination of appointments of consular agents and foreign 
              national employees.
``Sec. 614. Foreign Service awards.''.

       (b) Management Rights.--Section 1005(a) of the Foreign 
     Service Act of 1980 (22 U.S.C. 4105(a)) is amended--
       (1) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) to conduct reductions in force, and to prescribe 
     regulations for the separation of employees under such 
     reductions in force conducted under section 611;''
       (c) Consultation.--The Secretary of State shall consult 
     with the Director of the Office of Personnel Management 
     before prescribing regulations for reductions in force under 
     section 611 of the Foreign Service Act of 1980 (as added by 
     subsection (a) of this section).

  Mr. HELMS. Mr. President, this amendment will give the Secretary of 
State the same authority over his employees that the Secretaries of 
every other agency or department has over his or her employees. This 
amendment expands the flexibility of the Secretary of State in 
organizing and structuring the Department of State staffing levels as 
he deems necessary. A rather unique situation exists here. The 
situation needs to be changed.
  This amendment amends the Foreign Service Act of 1980 by giving the 
Secretary of State the authority to reduce but not increase the number 
of employees at the State Department. Currently, the U.S. Code provides 
each Cabinet-level Secretary the authority to reduce the number of 
civil servants in his or her own agency. This authority does not apply 
to the Foreign Service. Unlike the Civil Service, the Foreign Service 
is protected from Government downsizing through a reduction in force. 
It is incredible, it seems to me, that the Secretary of State does not 
have the authority to reduce in force anybody in the Foreign Service. 
Oh, sure, he may allow the size of the Service to shrink through 
attrition or through the elimination of promotion positions in future 
years, but he has only limited ability to downsize, and he has now only 
the authority to reduce in force the civil servants.
  This is purely an employee-management issue. If the head of an 
organization finds that his staff is bloated, topheavy, of course he 
should be able to restructure around the needs and objectives of the 
organization, in this case the Department of State. Members of the 
Foreign Service should not be treated as a protected class of 
privileged individuals. They should be treated no differently than 
members of the civil service on this issue.
  In order to have the flexibility to establish fair personnel 
practices at the State Department, the Secretary of State should have 
the authority--whether he has the guts or not is another question--this 
amendment offers. If the President directed the Secretary of State to 
reduce personnel levels tomorrow, all reductions would fall upon civil 
servants, regardless of need. The Secretary would be absolutely unable 
under the law to structure personnel levels based on need or skills 
necessary to carry out a mission.
  The Secretary of Defense has made significant downsizing decisions, 
and the Secretary of State may have to do the same. This bill approved 
a reduction of $50 million in State Department salaries and expenses, 
and the report language on this provision directs the Secretary of 
State to take those cuts in the Washington headquarters bureaucracy and 
not in the field operations; just plain, common, economic good sense. 
The Secretary of State should have the authority necessary to do what 
Congress is directing him to do. That is the purpose of this amendment.
  There is no guarantee that this authority will ever be exercised by 
the Secretary of State. I am not sure he is standing up down there 
applauding this amendment. I do not care whether he is or not. What I 
care about is playing fair with the American taxpayers and not having 
this elite crowd down there wearing striped pants walking around doing 
nothing. This amendment merely affords the Secretary of State the 
opportunity to take action when the State Department personnel system 
is bloated and burdened with an excess of superfluous employees. 
Needless to say, I hope he uses the authority, but nothing in my 
amendment requires him to use it.
  This amendment follows the spirit of the Vice President's plan for 
improving the Federal Government. Plain and simple, Mr. President, it 
is a good-Government amendment that deserves to be adopted. I yield the 
floor.
  Mr. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KERRY. Mr. President, I thank the distinguished Senator from 
North Carolina. This is a good amendment. The Secretary has that 
authority already for the civil service, and there is really no 
rationale for his not having it with respect to the Foreign Service, 
and he ought to.
  So we join with the Senator from North Carolina, and we are willing 
to accept this. I do not believe there is anybody else desiring to 
speak on it.
  The PRESIDING OFFICER. Is there further debate on the amendment? If 
not, the question is on agreeing to the amendment.
  The amendment (No. 1247) was agreed to.
  Mr. HELMS. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. KERRY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. KERRY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HELMS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1248

  (Purpose: To withhold funds for fiscal years 1994 and 1995 from the 
      funds authorized to be appropriated for ``Contributions for 
  International Organizations'' until the President certifies that no 
 United Nations agency or United Nations-affiliated agency grants any 
        recognition to an organization that condones pedophilia)

  Mr. HELMS. Mr. President, I send an amendment to the desk and ask 
that it be stated.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from North Carolina [Mr. Helms] proposes an 
     amendment numbered 1248.

  Mr. HELMS. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 9, line 16, after ``purposes'' insert the following 
     new subsection (b) and renumber the rest of the section 
     accordingly:
       (b) Withholding of Funds.--Notwithstanding any other 
     provision of law, the funds authorized to be appropriated for 
     ``Contributions for International Organizations'' shall be 
     reduced in the amount of $118,875,000 for each fiscal years 
     1994 and 1995, and for each year thereafter, unless the 
     President of the Senate that no United Nations Agency or 
     United Nations-Affiliated agency grants any official status, 
     accreditation, or recognition to any organization which 
     promotes, condones, or seeks the legalization of pedophilia, 
     or which includes as a subsidiary or member any such 
     organization.

  Mr. HELMS. Mr. President, as the distinguished occupant of the chair 
has perceived, I think, this is Save the Taxpayers Day in the U.S. 
Senate.
  This amendment, the pending amendment, reduces the U.S.-assessed 
contribution to international organizations by, as the clerk has just 
indicated, $118,875,000 for fiscal year 1994 and fiscal year 1995 
unless the President of the United States certifies to Congress that no 
United Nations agency grants any official status, accreditation, or 
recognition to any organization that promotes, condones or seeks the 
legalization of pedophilia. If we are not willing to do that, we ought 
not to talk about family values or anything else. If we support bums 
like that in the United Nations, we ought to get out of town and stay 
gone.
  I have argued for a long time--as have other Senators, including the 
distinguished occupant of the chair--that the values and objectives of 
the United Nations seldom coincide with those of the vast majority of 
the American people. Actions of the United Nations Economic and Social 
Council underscore a crucial point: We should never, never look to the 
United Nations to safeguard American interests and values.
  I never fathomed that the day would come when the United Nations 
would officially condone the sexual molestation of children. Tragically 
and shockingly, that is precisely what has happened, and it is 
outrageous. Where were the U.S. officials, who are paid by the American 
taxpayers and confirmed by the Senate to safeguard American interests 
at the United Nations? Once again, they were fast asleep at the switch.
  Let me be specific, Mr. President. This past summer, the United 
Nations Economic and Social Council, [ECOSOC], granted what is termed 
consultative status to an outfit called the ``International Lesbian and 
Gay Association.''
  Now, this International Lesbian and Gay Association is a worldwide 
umbrella group of homosexual organizations headquartered in Brussels, 
Belgium. According to documents supplied by the International Lesbian 
and Gay Association, one of its member organizations in the United 
States is the notorious North American Man Boy Love Association, 
frequently referred to by its acronym NAMBLA, [N-A-M-B-L-A].
  Now, NAMBLA is a pro pedophile organization. There is no question 
about it, no contest to that description of it. This organization makes 
little effort to hide its objectives. On page 2 of NAMBLA's 
publication--the name of it is the NAMBLA Bulletin--it states--and this 
is a direct quote from the publication:

       We work to organize support for boys and men who have or 
     desire consensual sexual and emotional relationships and to 
     educate society on their positive nature.

  Mr. President, as the little girl in the comic page used to say, ``I 
may 'fro' up.''
  Now, some may think that the International Lesbian and Gay 
Association did not know about NAMBLA's pro pedophile agenda. However, 
the International Lesbian and Gay Association readily admits that it 
has known about NAMBLA's agenda since 1984.
  So, Mr. President, it had to be crystal clear to anyone who conducted 
any research whatsoever into NAMBLA, that this is an outfit catering to 
the twisted desires of pedophiles. NAMBLA made no effort to hide those 
objectives--and guess who has embraced them with open arms--the United 
Nations.
  Somehow, nobody at the U.S. mission to the United Nations was alarmed 
by these organizations when it came time to vote. The vote in ECOSOC to 
recognize this group took place July 30 of last year. ILGA, including 
NAMBLA, was approved for consultative status by a vote of 22 to 4 with 
17 countries abstaining. Believe it or not, the United States of 
America, along with 21 other nations, put our stamp of approval, our 
stamp of approval, on this international homosexual lobbying 
organization, a group that condones sexual molestation of children.
  See why I am offering the amendment, Mr. President? What does it mean 
for ECOSOC to provide a consultative status to this pro pedophile 
organization? Good question. ECOSOC, the U.N. Economic and Social 
Council, according to a handbook published by the United Nations is, 
and I quote:

       The principal organ to coordinate the economic and social 
     work of the United Nations.

  It purportedly deals with a broad spectrum of issues ranging from 
human rights and economic and social and cultural and educational and 
health and related matters.
  As with most U.N. agencies, finding out how many dollars are actually 
spent each year by ECOSOC, the U.N. Economic and Social Council, is 
impossible; you cannot tell. You cannot find out anything. But 
according to a memorandum dated September 28, 1993, the Congressional 
Research Service estimated that ECOSOC spent $951 million for the years 
1992-93 to carry out programs and activities.
  Now, Mr. President, in addition to the funding provided by ECOSOC, 
the United Nations has developed a system for granting what is called 
consultative status to private, nongovernmental organizations. 
According to U.N. documents, and I am quoting:

       ECOSOC may consult with nongovernmental organizations which 
     are concerned with matters within the council's competence.

  It goes on to say:

       The council recognizes that these organizations should have 
     the opportunity to express their views and that they often 
     possess special experience and technical knowledge of value 
     to the council in its work.

  What is the special competence that NAMBLA contributes to the United 
Nations? I have obtained, and I can make copies available to any 
Senator who wants to read about it, copies of the NAMBLA Bulletin, to 
which I referred just a moment ago. That is the official publication of 
that organization. Let me give the Senate, for the purpose of making it 
clear in the Congressional Record, a few direct quotes from this 
bulletin published by and for perverted individuals.

       The North American Man Boy Love Association is both 
     political and educational. We work to organize support for 
     boys and men who have or desire consensual sexual and 
     emotional relationships and to educate society on their 
     positive nature.

  Then it goes on to say:

       We speak out against the oppression endured by men and boys 
     who love one another and support the right of all people to 
     consensual intergenerational relationships.

  What hogwash.
  Then it goes on to point out that ``NAMBLA was founded in 1978, 
within Boston's gay and lesbian community, in response to a witch hunt 
against man boy lovers in that city.
  An article entitled ``Staying Safe and Happy as a Man-Boy Lover,'' in 
the October 1991 issue of the Bulletin, which is the official NAMBLA 
publication, provides tips for men wishing to engage in sexual 
relationships with little boys and how not to get caught doing it. 
Talking to the police, the Bulletin suggests, is a bad idea. Do not say 
anything. If a cop comes around, just keep quiet.
  Another suggestion offered in the Bulletin is: ``Don't keep photos of 
your partner in a place where police might find them.'' It also 
suggests: ``Never discuss the specifics of an illegal relationship with 
therapists or social workers.''
  In other words, Mr. President, the NAMBLA Bulletin is a how-to guide 
for child molesters.
  There is no question that the larger organization recognized by the 
United Nations and the International Lesbian and Gay Association knew 
about NAMBLA's despicable agenda. They knew it. They do not deny it. 
Indeed, the ILGA has even passed resolutions of its own supportive of 
pedophilia.
  Consider the following: A 1990 resolution under the heading of ``Man-
Boy/Woman-Girl Love'' referred to pedophiles as a sexual minority and 
called on members to treat them ``with respect, and to engage in 
instructive dialog with them.'' It will never happen, as far as I am 
concerned, Mr. President.
   In 1986, a resolution stated support for ``the right of young people 
to sexual and social self-determination,'' and a 1990 resolution 
declared ``the right of every individual, regardless of age, to explore 
and develop her or his sexuality.'' For its part, NAMBLA insists that 
it is by no means a fringe member of the ILGA. In fact, NAMBLA contends 
that for years, NAMBLA was that group's only member organization in the 
United States of America.
  Another article, in the September 1992 issue of the NAMBLA Bulletin, 
to which I referred earlier, boasts, brags, about its influence in the 
umbrella decision. It states that an effort had been made several years 
ago by the ILGA to ``repeal positions that support sex between men and 
free boys,'' but that the lobbying of NAMBLA and many other fringe 
pedophile and civil rights groups prevented this from happening.
  Do you not see, Mr. President? The United Nations has created a sort 
of hierarchy among these groups which are given consultative status. 
The homosexual group, which includes NAMBLA, was given what is called 
roster status, which is the lowest degree. However, that group has 
stated its desire to seek category 2 status, which would allow it to 
request hearings and then later to seek category 1 status, which would 
allow it to propose agenda items to ECOSOC. Groups in all three 
categories can send representatives to official ECOSOC meetings and 
submit written statements for circulation to the ECOSOC delegation.
  Mr. President, it is important to recognize, I think, that any 
category of so-called consultative status, even the ``roster'' status 
conferred on this homosexual group, which includes NAMBLA, is seen as a 
major achievement by them in terms of official recognition, and as they 
say in gaining legitimacy. Receiving any degree of respectability or 
consultative status is a message that the recognized group has special 
competence in the issues with which it is involved and which are 
pertinent to the United Nations.
  Needless to say, the U.N. action was seen as a big victory by the 
national homosexual organizations. They danced in the streets. Oh, they 
slapped each other on the backs and maybe other things as well.
  The local newspaper which caters to the homosexual community, the 
Washington Blade, crooned. Let me quote the headline. The headline was: 
``Gays Win Voice at United Nations.'' That was on page 1 in the August 
20, 1993 issue of the Blade.
  A spokesman for the international homosexual group approved by ECOSOC 
stated in that newspaper, the Blade: ``We now have direct access into 
the U.N. machinery, whereas before we were always on the outside 
knocking on the door. Now we are in the system.''
  This amendment proposes to keep them out of the system, or at least 
not put a nickel of the American taxpayers' money into that crowd.
  In reply to press inquiries about this oversight--I am being 
charitable when I say oversight--the State Department says they did not 
know that NAMBLA was a part of this international homosexual umbrella 
group. ``Goodness gracious,'' they said, ``how did that happen?'' In 
view of this administration's record of bumbling on foreign policy 
matters, this is an entirely plausible explanation, I suppose. I will 
just let it slide.
  Privately, I have to say to some of the folks down at the State 
Department--they are horribly embarrassed about this episode, and they 
should be. They should be outraged, as a matter of fact. I guess it is 
fair to assume that they are being candid when they said they did not 
know about the umbrella group's pedophile resolutions.
  Since the administration is unable to monitor which groups are being 
recognized by the United Nations, this amendment is intended to provide 
and to ensure some accountability because it cuts off a portion of the 
U.S. contribution to international organizations unless and until the 
President of the United States certifies to the Congress that no U.N. 
agency--I repeat, no U.N. agency--grants recognition to pedophile 
organizations.
  Maybe that will provide some incentive to check into this sort of 
thing the next time around before the United Nations gets any more 
American tax dollars.
  Mr. President, we do not have necessary Senators present. But at the 
appropriate time, I shall ask for the yeas and nays on the amendment.
  I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. HELMS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           amendment no. 1246

  Mr. HELMS. Mr. President, after consulting with my distinguished 
colleague from Massachusetts, who is managing this bill, he and I agree 
that it will not be necessary to have a vote on amendment No. 1246, so 
I ask unanimous consent that the yeas and nays be vitiated.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. HELMS. I thank the Chair.
  Mr. KERRY. Mr. President, if the yeas and nays are now vitiated, then 
the pending business would be that amendment. Could we have a vote on 
that amendment? I do not believe there is any further debate.
  The PRESIDING OFFICER. If there is no further debate, then the 
question is on agreeing to amendment No. 1246.
  The amendment (No. 1246) was agreed to.
  Mr. KERRY. Mr. President, I move to reconsider the vote.
  Mr. HELMS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. HELMS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. HELMS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Robb). Without objection, it is so 
ordered.
  Mr. HELMS. Mr. President, I have a parliamentary inquiry to which I 
know the answer. Just for the record, what is the pending business?
  The PRESIDING OFFICER. The pending business is amendment No. 1248 
offered by the Senator from North Carolina.
  Mr. HELMS. Mr. President, I ask unanimous consent that that amendment 
may be laid aside temporarily in order that I may call up another 
amendment.
  The PRESIDING OFFICER. Is there objection? Without objection, the 
amendment is temporarily laid aside.
  Mr. HELMS. I thank the Chair.
  Mr. President, it is my intent, when Senator Kerry returns to the 
floor, to seek the yeas and nays on the amendment which we just laid 
aside. But we will take care of that in due course.


                           Amendment No. 1249

  Mr. HELMS. Mr. President, I send an amendment to the desk and ask 
that it be stated.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from North Carolina [Mr. Helms] proposes an 
     amendment numbered 1249.
       On page 179, line 6, after the word ``agreement'' add the 
     following: ``or a bilateral U.S. nuclear cooperation 
     agreement.''

  Mr. HELMS. Mr. President, before I begin, I will say to my 
colleagues, or their staff members in their offices who may be watching 
the proceedings on television, that I do not want to hog the show. If 
Senators have amendments, or even if one Senator has an amendment that 
he would like to deal with this afternoon, I will certainly yield the 
floor for that purpose.
  But in the meantime, this is a very clear and brief amendment, 
because this amendment is basically only a clarification of a provision 
which already exists in the bill.
  Currently, section 713(b) of S. 1281 states that a nonnuclear weapons 
state which abrogates an International Atomic Energy Agency full scope 
safeguard agreement cannot and will not receive foreign aid from the 
United States or any other aid, for that matter. We simply must put our 
national foot down and say we will not have it.
  This amendment adds to this prohibition simply by stating that if a 
country violates a nuclear cooperation agreement with the United 
States, that country would lose its U.S. aid. Clear enough.
  Let me read the section with the pending amendment included.

       (b) Prohibition. Notwithstanding any other provision of 
     law, no U.S. assistance, under the Foreign Assistance Act of 
     1961 shall be provided to any nonnuclear weapon State that is 
     found by the President to have terminated, abrogated, or 
     materially violated an IAEA full-scope safeguard agreement, 
     or----

coming to the pending amendment:

     or a bilateral U.S. nuclear cooperation agreement.

  That is the way that provision will read with and including the 
pending amendment.
  I think that the United States should care as much about adherence to 
U.S. bilateral agreements as it cares about adherence to an 
international agency agreement. It makes no sense to me, to say that a 
country cannot receive U.S. aid after breaking an IAEA agreement, but 
it can receive such aid after breaking an agreement with the United 
States.
  As a sovereign nation, the United States has the right to determine 
how it will react to a breach of a binding obligation by another 
country. We are not rewriting any rules. The United States is simply 
stating how we will react to a breach of a binding obligation by 
another country.
  This does not apply IAEA standards to agreements with the United 
States. This amendment, I reiterate for the purpose of emphasis, simply 
would require compliance with agreements that have already been signed.
  I think most of us would agree that compliance with nuclear 
cooperation agreements is extremely important to our national 
interests, and potentially extremely dangerous if nuclear material is 
not treated with the utmost concern and caution.
  The pending amendment makes very clear the seriousness that the 
United States places on compliance with nuclear agreements.
  Now, who would this affect? Well, it would not affect any country 
that adheres to its agreements, obviously. And our friends have nothing 
to worry about, unless--unless--they violate the provisions of a 
nuclear cooperation agreement, and then they ought to have to worry a 
little bit.
  Most agreements contain a mechanism for cancellation for the official 
abrogation between two sovereign nations. The main difference, Mr. 
President, is that we will know--the entire world will know--about 
those nations that officially abrogate IAEA or bilateral nuclear 
agreements.
  Now, I would emphasize that this amendment is absolutely prospective 
and would not immediately sanction any country. However, the United 
States has a number of bilateral nuclear cooperation agreements 
throughout the world which potentially could be affected in the future.
  Again, for the purpose of emphasis, this provision will affect only 
those countries who violate their commitments to IAEA or to the United 
States of America.
  I, of course, hope that my fellow Senators will agree to this 
amendment.
  I yield the floor. Since I am the only one on the floor, I suggest 
the absence of a quorum.
  The PRESIDING OFFICER. The absence of a quorum has been suggested. 
The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HELMS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Chair recognizes the Senator from North Carolina.
  Mr. HELMS. Mr. President, having the right to modify my amendment I 
send such modification to the desk.
  The PRESIDING OFFICER. The Senator has that right. The amendment is 
modified accordingly.
  The amendment (No. 1249), as modified, is as follows:

       On page 179, line 6, after the word ``agreement'' add the 
     following: ``or materially violated a bilateral U.S. nuclear 
     cooperation agreement.''

  The PRESIDING OFFICER. Is there further debate on amendment 1249, as 
modified? If there be no further debate, the question is on agreeing to 
the amendment.
  The amendment (No. 1249), as modified, was agreed to.
  Mr. KERRY. Mr. President, I move to reconsider the vote.
  Mr. HELMS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. KERRY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KERRY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Unanimous Consent Agreement

  Mr. KERRY. Mr. President, first of all, with respect to the amendment 
of the Senator from North Carolina, which is currently temporarily set 
aside, amendment No. 1248, I ask unanimous consent that no second-
degree amendments be in order to that amendment.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. PELL addressed the Chair.
  The PRESIDING OFFICER. The Senator from Rhode Island, Senator Pell.


                           Amendment No. 1250

 (Purpose: To amend the Arms Control and Disarmament Act to strengthen 
 the Arms Control and Disarmament Agency and to improve congressional 
               oversight of the activities of the Agency)

  Mr. PELL. Mr. President, I send to the desk an amendment and ask for 
its immediate consideration.
  The PRESIDING OFFICER. Without objection, amendment No. 1248, which 
is pending, is temporarily laid aside and the clerk will report the 
amendment.
  The assistant legislative clerk read as follows:

       The Senator from Rhode Island [Mr. Pell] proposes an 
     amendment numbered 1250.

  Mr. PELL. Mr. President, I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 179, after line 6, add the following new title:
       TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

     SEC. 801. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Arms 
     Control and Nonproliferation Act of 1994''.
       (b) References in Title.--Except as specifically provided 
     in this title, whenever in this title an amendment or repeal 
     is expressed as an amendment to or repeal of a provision, the 
     reference shall be deemed to be made to the Arms Control and 
     Disarmament Act.

     SEC. 802. CONGRESSIONAL DECLARATIONS; PURPOSE.

       (a) Congressional Declarations.--The Congress declares 
     that--
       (1) a fundamental goal of the United States, particularly 
     in the wake of the highly turbulent and uncertain 
     international situation fostered by the end of the Cold War, 
     the disintegration of the Soviet Union and the resulting 
     emergence of fifteen new independent states, and the 
     revolutionary changes in Eastern Europe, is to eliminate 
     chemical and biological weapons and to reduce and limit the 
     large numbers of nuclear weapons in the former Soviet Union 
     and, more generally, to prevent the proliferation of weapons 
     of mass destruction and their means of delivery, and of high-
     technology conventional armaments as well as to prevent 
     regional conflicts and conventional arms races; and
       (2) an ultimate goal of the United States continues to be a 
     world in which the use of force is subordinated to the rule 
     of law and international change is achieved peacefully 
     without the danger and burden of destabilizing and costly 
     armaments.
       (b) Purpose.--The purpose of this title is--
       (1) to strengthen the United States Arms Control and 
     Disarmament Agency; and
       (2) to improve congressional oversight of the arms control, 
     nonproliferation, and disarmament activities of the United 
     States Arms Control and Disarmament Agency.

     SEC. 803. PURPOSES.

       Section 2 (22 U.S.C. 2551) is amended in the text following 
     the third undesignated paragraph by striking paragraphs (a), 
     (b), (c), and (d) and by inserting the following new 
     paragraphs:
       ``(1) The preparation for and management of United States 
     participation in international negotiations and 
     implementation fora in the arms control and disarmament 
     field.
       ``(2) When directed by the President, the preparation for, 
     and management of, United States participation in 
     international negotiations and implementation fora in the 
     nonproliferation field.
       ``(3) The conduct, support, and coordination of research 
     for arms control, nonproliferation, and disarmament policy 
     formulation.
       ``(4) The preparation for, operation of, or, as 
     appropriate, direction of, United States participation in 
     such control systems as may become part of United States arms 
     control, nonproliferation, and disarmament activities.
       ``(5) The dissemination and coordination of public 
     information concerning arms control, nonproliferation, and 
     disarmament.''.

     SEC. 804. REPEALS.

       The following provisions of law are hereby repealed:
       (1) Section 26 (22 U.S.C. 2566), relating to the General 
     Advisory Committee.
       (2) Section 36 (22 U.S.C. 2578), relating to arms control 
     impact information and analysis.
       (3) Section 38 (22 U.S.C. 2578), relating to reports on 
     Standing Consultative Commission activities.
       (4) Section 1002 of the Department of Defense Authorization 
     Act, 1986 (22 U.S.C. 2592a), relating to an annual report on 
     Soviet compliance with arms control commitments.

     SEC. 805. DIRECTOR.

       Section 22 (22 U.S.C. 2562) is amended to read as follows:


                               ``DIRECTOR

       ``Sec. 22. (a) Appointment.--The Agency shall be headed by 
     a Director appointed by the President, by and with the advice 
     and consent of the Senate. No person serving on active duty 
     as a commissioned officer of the Armed Forces of the United 
     States may be appointed Director.
       ``(b) Duties.--(1) The Director shall serve as the 
     principal adviser to the Secretary of State, the National 
     Security Council, and the President and other executive 
     branch Government officials on matters relating to arms 
     control, nonproliferation, and disarmament matters. In 
     carrying out his duties under this Act, the Director, under 
     the direction of the President and the Secretary of State, 
     shall have primary responsibility within the Government for 
     matters relating to arms control and disarmament, and, 
     whenever directed by the President, primary responsibility 
     within the Government for matters relating to 
     nonproliferation.
       ``(2) The Director shall attend all meetings of the 
     National Security Council involving weapons procurement, arms 
     sales, consideration of the defense budget, and all arms 
     control, nonproliferation, and disarmament matters.''.

     SEC. 806. BUREAUS, OFFICES, AND DIVISIONS.

       Section 25 (22 U.S.C. 2565) is amended to read as follows:

     ``SEC. 25. BUREAUS, OFFICES, AND DIVISIONS.

       ``The Director, under the direction of the Secretary of 
     State, may establish within the Agency such bureaus, offices, 
     and divisions as he may determine to be necessary to 
     discharge his responsibilities pursuant to this Act, 
     including a bureau of intelligence and information support 
     and an office to perform legal services for the Agency.''.

     SEC. 807. PRESIDENTIAL SPECIAL REPRESENTATIVES.

       (a) Sections 27 and 28 (22 U.S.C. 2567, 2568) are 
     redesignated as sections 26 and 27, respectively.
       (b) Section 26 (as redesignated by subsection (a)) is 
     amended to read as follows:


                 ``PRESIDENTIAL SPECIAL REPRESENTATIVES

       ``Sec. 26. The President may appoint, by and with the 
     advice and consent of the Senate, Special Representatives of 
     the President for Arms Control, Nonproliferation, and 
     Disarmament. Each Presidential Special Representative shall 
     hold the personal rank of ambassador. Presidential Special 
     Representatives appointed under this section shall perform 
     their duties and exercise their powers under direction of the 
     President and the Secretary of State, acting through the 
     Director. The Agency shall be the Government agency 
     responsible for providing administrative support, including 
     funding, staff, and office space, to all Presidential Special 
     Representatives.''.

     SEC. 808. POLICY FORMULATION.

       Section 33 (22 U.S.C. 2573) is amended to read as follows:


                          ``POLICY FORMULATION

       ``Sec. 33. (a) Formulation.--The Director shall prepare for 
     the President, the Secretary of State, and the heads of such 
     other Government agencies as the President may determine, 
     recommendations and advice concerning United States arms 
     control, nonproliferation, and disarmament policy.
       ``(b) Prohibition.--No action shall be taken pursuant to 
     this or any other Act that would obligate the United States 
     to reduce or limit the Armed Forces or armaments of the 
     United States in a militarily significant manner, except 
     pursuant to the treaty-making power of the President set 
     forth in Article II, Section 2, Clause 2 of the Constitution 
     or unless authorized by the enactment of further affirmative 
     legislation by the Congress of the United States.''.

     SEC. 809. NEGOTIATION MANAGEMENT.

       Section 34 (22 U.S.C. 2574) is amended to read as follows:


                        ``negotiation management

       ``Sec. 34. (a) Responsibilities.--The Director, under the 
     direction of the President and the Secretary of State, shall 
     have primary responsibility for the preparation, conduct, and 
     management of United States participation in all 
     international negotiations and implementation fora in the 
     field of arms control and disarmament and shall have primary 
     responsibility, whenever directed by the President, for the 
     preparation, conduct, and management of United States 
     participation in international negotiations and 
     implementation fora in the field of nonproliferation. In 
     furtherance of these responsibilities Special Representatives 
     of the President for Nonproliferation, established pursuant 
     to section 26, shall, as directed by the President, serve as 
     the United States Government representatives to international 
     organizations, conferences, and activities relating to the 
     field of nonproliferation, such as the preparations for and 
     conduct of the review relating to the Treaty on the Non-
     Proliferation of Nuclear Weapons.
       ``(b) Functions With Respect to the United States 
     Information Agency.--The Director shall perform functions 
     pursuant to section 2(c) of the Reorganization Plan 8 of 1953 
     with respect to providing to the United States Information 
     Agency official United States positions and policy on arms 
     control, nonproliferation, and disarmament matters for 
     dissemination abroad.
       ``(c) Authority.--The Director is authorized--
       ``(1) to formulate plans and make preparations for the 
     establishment, operation, and funding of inspections and 
     control systems which may become part of the United States 
     arms control, nonproliferation, and disarmament activities; 
     and
       ``(2) as authorized by law, to put into effect, direct, or 
     otherwise assume United States responsibility for such 
     systems.''.

     SEC. 810. REPORT ON MEASURES TO COORDINATE RESEARCH AND 
                   DEVELOPMENT.

       Not later than March 31, 1995, the President shall submit 
     to the Congress a report prepared by the Director of the 
     United States Arms Control and Disarmament Agency, in 
     coordination with the Secretary of State, the Secretary of 
     Defense, the Secretary of Energy, the Chairman of the Joint 
     Chiefs of Staff, and the Director of Central Intelligence, 
     with respect to the procedures established pursuant to 
     section 35 of the Arms Control and Disarmament Act (22 U.S.C. 
     2575) for the effective coordination of research and 
     development on arms control, nonproliferation, and 
     disarmament among all departments and agencies of the 
     executive branch of Government.

     SEC. 811. NEGOTIATING RECORDS.

       (a) In General.--The Arms Control and Disarmament Act is 
     amended by inserting after section 35 the following:


                         ``NEGOTIATING RECORDS

       ``Sec. 36. (a) Preparation of Records.--The Director shall 
     establish and maintain records for each arms control, 
     nonproliferation, and disarmament agreement to which the 
     United States is a party and which was under negotiation or 
     in force on or after January 1, 1990, which shall include 
     classified and unclassified materials such as instructions 
     and guidance, position papers, reporting cables and memoranda 
     of conversation, working papers, draft texts of the 
     agreement, diplomatic notes, notes verbal, and other internal 
     and external correspondence.
       ``(b) Negotiating and Implementation Records.--In 
     particular, the Director shall establish and maintain a 
     negotiating and implementation record for each such 
     agreement, which shall be comprehensive and detailed, and 
     shall document all communications between the parties with 
     respect to such agreement. Such records shall be maintained 
     both in hard copy and magnetic media.
       ``(c) Participation of Agency Personnel.--In order to 
     implement effectively this section, the Director shall ensure 
     that Agency personnel participate throughout the negotiation 
     and implementation phases of all arms control, 
     nonproliferation, and disarmament agreements.''.
       (b) Report Required.--Not later than January 31, 1995, the 
     Director of the United States Arms Control and Disarmament 
     Agency shall submit to the Speaker of the House of 
     Representatives and to the chairman of the Committee on 
     Foreign Relations of the Senate a detailed report describing 
     the actions he has undertaken to implement section 36 of the 
     Arms Control and Disarmament Act.

     SEC. 812. VERIFICATION OF COMPLIANCE.

       Section 37 (22 U.S.C. 2577) is amended to read as follows:


                      ``VERIFICATION OF COMPLIANCE

       ``Sec. 37. (a) In General.--In order to ensure that arms 
     control, nonproliferation, and disarmament agreements can be 
     adequately verified, the Director shall report to Congress, 
     on a timely basis, or upon request by an appropriate 
     committee of the Congress--
       ``(1) in the case of any arms control, nonproliferation, or 
     disarmament agreement that has been concluded by the United 
     States, the determination of the Director as to the degree to 
     which the components of such agreement can be verified;
       ``(2) in the case of any arms control, nonproliferation, or 
     disarmament agreement that has entered into force, any 
     significant degradation or alteration in the capacity of the 
     United States to verify compliance of the components of such 
     agreement; and
       ``(3) the amount and percentage of research funds expended 
     by the Agency for the purpose of analyzing issues relating to 
     arms control, nonproliferation, and disarmament verification.
       ``(b) Standard for Verification of Compliance.--In making 
     determinations under paragraphs (1) and (2) of subsection 
     (a), the Director shall assume all measures of concealment 
     not expressly prohibited could be employed and that standard 
     practices could be altered so as to impede verification.
       ``(c) Rule of Construction.--Except as otherwise provided 
     for by law, nothing in this section may be construed as 
     requiring the disclosure of sensitive information relating to 
     intelligence sources or methods or persons employed in the 
     verification of compliance with arms control, 
     nonproliferation, and disarmament agreements.
       ``(d) Participation of the Agency.--In order to ensure 
     adherence of the United States to obligations or commitments 
     undertaken in arms control, nonproliferation, and disarmament 
     agreements, and in order for the Director to make the 
     assessment required by section 51(a)(5), the Director, or the 
     Director's designee, shall participate in all interagency 
     groups or organizations within the executive branch of 
     Government that assess, analyze, or review United States 
     planned or ongoing policies, programs, or actions that have a 
     direct bearing on United States adherence to obligations 
     undertaken in arms control, nonproliferation, or disarmament 
     agreements.''.

     SEC. 813. AUTHORITIES WITH RESPECT TO NONPROLIFERATION 
                   MATTERS.

       (a) Amendments to the Arms Export Control Act.--(1) Section 
     38(a)(2) of the Arms Export Control Act (22 U.S.C. 
     2778(a)(2)) is amended to read as follows:
       ``(2) Decisions on issuing export licenses under this 
     section shall be made in coordination with the Director of 
     the United States Arms Control and Disarmament Agency, taking 
     into account the Director's assessment as to whether the 
     export of an article would contribute to an arms race, 
     support international terrorism, increase the possibility of 
     outbreak or escalation of conflict, or prejudice the 
     development of bilateral or multilateral arms control or 
     nonproliferation agreements or other arrangements. The 
     Director of the Arms Control and Disarmament Agency is 
     authorized, whenever the Director determines that the 
     issuance of an export license under this section would be 
     detrimental to the national security of the United States, to 
     recommend to the President that such export license be 
     disapproved.''.
       (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is 
     amended--
       (A) by redesignating clauses (1), (2), and (3) as clauses 
     (A), (B), and (C), respectively;
       (B) by inserting ``(1)'' immediately after ``(a)'';
       (C) by amending clause (C) (as redesignated) to read as 
     follows:
       ``(C) the assessment of the Director of the United States 
     Arms Control and Disarmament Agency as to whether, and the 
     extent to which, such sale might contribute to an arms race, 
     support international terrorism, increase the possibility of 
     outbreak or escalation of conflict, or prejudice the 
     development of bilateral or multilateral arms control or 
     nonproliferation agreements or other arrangements;''; and
       (D) by adding at the end the following:
       ``(2) Any proposed sale made pursuant to this Act shall be 
     approved only after consultation with the Director of the 
     United States Arms Control and Disarmament Agency. The 
     Director of the Arms Control and Disarmament Agency is 
     authorized, whenever the Director determines that a sale 
     under this section would be detrimental to the national 
     security of the United States, to recommend to the President 
     that such sale be disapproved.''.
       (3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is 
     amended by inserting ``and the Director of the Arms Control 
     and Disarmament Agency'' after ``The Secretary of Defense''.
       (4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is 
     amended by inserting ``and the Director of the United States 
     Arms Control and Disarmament Agency'' after ``Secretary of 
     Defense''.
       (5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is 
     amended by inserting ``and the Director of the United States 
     Arms Control and Disarmament Agency'' after ``The Secretary 
     of Commerce''.
       (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is 
     amended by inserting ``to include the Director of the Arms 
     Control and Disarmament Agency'' after ``other appropriate 
     Government agencies''.
       (7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is 
     amended by inserting ``and the Director of the United States 
     Arms Control and Disarmament Agency'' after ``The Secretary 
     of Commerce''.
       (b) Amendment to the Nuclear Non-Proliferation Act.--
     Section 309(c) of the Nuclear Non-Proliferation Act of 1978 
     (42 U.S.C. 2139(a)) is amended in the second sentence by 
     striking out ``, as required,''.

     SEC. 814. APPOINTMENT AND COMPENSATION OF PERSONNEL.

       Section 41(b) (22 U.S.C. 2581(b)) is amended by striking 
     all that follows ``General Schedule pay rates,'' and 
     inserting in lieu thereof ``except that--
       ``(1) the Director may, to the extent the Director 
     determines necessary, appoint in the excepted service, and 
     fix the compensation of, employees possessing specialized 
     technical expertise without regard to provisions of title 5, 
     United States Code, governing appointment or compensation of 
     employees of the United States,
       ``(2) an employee who is appointed under this provision may 
     not be paid a salary in excess of the rate payable for 
     positions of equivalent difficulty or responsibility, and in 
     no event, may be paid at a rate exceeding the maximum rate in 
     effect for level 15 of the General Schedule, and
       ``(3) the number of employees appointed under this 
     paragraph shall not exceed ten percent of the number of 
     positions allowed under the Agency's full-time equivalent 
     limitation.''.

     SEC. 815. SECURITY REQUIREMENTS.

       Section 45(a) (22 U.S.C. 2585) is amended in the third 
     sentence--
       (1) by inserting ``or employed directly from other 
     Government agencies'' after ``persons detailed from other 
     Government agencies''; and
       (2) by striking ``by the Department of Defense or the 
     Department of State'' and inserting ``by such agencies''.

     SEC. 816. ANNUAL REPORT TO CONGRESS; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) In General.--Title IV of the Arms Control and 
     Disarmament Act is amended--
       (1) by striking sections 49 and 50;
       (2) by redesignating sections 51 and 53 as sections 49 and 
     50, respectively; and
       (3) by inserting after section 50 (as redesignated by 
     paragraph (2)) the following new sections:


                      ``ANNUAL REPORT TO CONGRESS

       ``Sec. 51. (a) In General.--Not later than January 31 of 
     each year, the President shall submit to the Speaker of the 
     House of Representatives and to the chairman of the Committee 
     on Foreign Relations of the Senate a report prepared by the 
     Director, in consultation with the Secretary of State, the 
     Secretary of Defense, the Secretary of Energy, the Chairman 
     of the Joint Chiefs of Staff, and Director of Central 
     Intelligence, on the status of United States policy and 
     actions with respect to arms control, nonproliferation, and 
     disarmament. Such report shall include--
       ``(1) a detailed statement concerning the arms control and 
     disarmament objectives of the executive branch of Government 
     for the forthcoming year;
       ``(2) a detailed statement concerning the nonproliferation 
     objectives of the executive branch of Government for the 
     forthcoming year;
       ``(3) a detailed assessment of the status of any ongoing 
     arms control or disarmament negotiations, including a 
     comprehensive description of negotiations or other activities 
     during the preceding year and an appraisal of the status and 
     prospects for the forthcoming year;
       ``(4) a detailed assessment of the status of any ongoing 
     nonproliferation negotiations or other activities, including 
     a comprehensive description of the negotiations or other 
     activities during the preceding year and an appraisal of the 
     status and prospects for the forthcoming year;
       ``(5) a detailed assessment of adherence of the United 
     States to obligations undertaken in arms control, 
     nonproliferation, and disarmament agreements, including 
     information on the policies and organization of each relevant 
     agency or department of the United States to ensure adherence 
     to such obligations, a description of national security 
     programs with a direct bearing on questions of adherence to 
     such obligations and of steps being taken to ensure 
     adherence, and a compilation of any substantive questions 
     raised during the preceding year and any corrective action 
     taken; and
       ``(6) a detailed assessment of the adherence of other 
     nations to obligations undertaken in all arms control, 
     nonproliferation, and disarmament agreements to which the 
     United States is a participating state, including information 
     on actions taken by each nation with regard to the size, 
     structure, and disposition of its military forces in order to 
     comply with arms control, nonproliferation, or disarmament 
     agreements, and shall include, in the case of each agreement 
     about which compliance questions exist--
       ``(A) a description of each significant issue raised and 
     efforts made and contemplated with the other participating 
     state to seek resolution of the difficulty;
       ``(B) an assessment of damage, if any, to the United States 
     security and other interests; and
       ``(C) recommendations as to any steps that should be 
     considered to redress any damage to United States national 
     security and to reduce compliance problems.
       ``(b) Classification of the Report.--The report required by 
     this section shall be submitted in unclassified form, with 
     classified annexes, as appropriate.


                   ``AUTHORIZATION OF APPROPRIATIONS

       ``Sec. 52. (a) Authorization of Appropriations.--To carry 
     out the purposes of this Act, there are authorized to be 
     appropriated--
       ``(1) $57,500,000 for fiscal year 1994 and $59,375,000 for 
     fiscal year 1995; and
       ``(2) such additional amounts as may be necessary for each 
     fiscal year for which an authorization of appropriations is 
     provided for in paragraph (1) of this subsection for 
     increases in salary, pay, retirement, other employee benefits 
     authorized by law, and other nondiscretionary costs, and to 
     offset adverse fluctuations in foreign currency exchange 
     rates.
       ``(b) Transfer of Funds.--Funds appropriated pursuant to 
     this section may be allocated or transferred to any agency 
     for carrying out the purposes of this Act. Such funds shall 
     be available for obligation and expenditure in accordance 
     with the authorities of this Act or in accordance with the 
     authorities governing the activities of the agencies to which 
     such funds are allocated or transferred.
       ``(c) Limitation.--Not more than 12 percent of any 
     appropriation made pursuant to this Act shall be obligated or 
     reserved during the last month of the fiscal year.''.
       (b) Effective Date.--So much of the amendment made by 
     subsection (a) as inserts section 52 of the Arms Control and 
     Disarmament Act shall be deemed to have become effective as 
     of October 1, 1993.

     SEC. 817. CONFORMING AMENDMENTS.

       (a) Section 2 (22 U.S.C. 2551) is amended--
       (1) in the second undesignated paragraph, by inserting ``, 
     nonproliferation,'' after ``Arms control''; and
       (2) in the second and third undesignated paragraphs, by 
     inserting ``, nonproliferation,'' after ``arms control'' each 
     place it appears.
       (b) Section 28 (22 U.S.C. 2568) is amended--
       (1) in the first sentence, by striking ``field of arms 
     control and disarmament'' and inserting ``fields of arms 
     control, nonproliferation, and disarmament''; and
       (2) in the second sentence, by inserting ``, 
     nonproliferation,'' after ``arms control''.
       (c) Section 31 (22 U.S.C. 2571) is amended--
       (1) in the text above paragraph (a), by striking ``field of 
     arms control and disarmament'' each of the three places it 
     appears and inserting ``fields of arms control, 
     nonproliferation, and disarmament'';
       (2) in the first sentence, by inserting ``and 
     nonproliferation'' after disarmament; and
       (3) in the fourth sentence, by inserting ``, 
     nonproliferation,'' after arms control each of the eight 
     places it appears.
       (d) Section 35 (22 U.S.C. 2575) is amended by inserting ``, 
     nonproliferation,'' after ``arms control''.
       (e) Section 39 (22 U.S.C. 2579) is amended by inserting ``, 
     nonproliferation,'' after ``arms control'' each of the two 
     places it appears.
       At the bottom of page 5, add the following:

       TITLE VIII--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

Sec. 801. Short title; references in title; table of contents.
Sec. 802. Congressional declarations; purpose.
Sec. 803. Purposes. 
Sec. 804. Repeals.
Sec. 805. Director.
Sec. 806. Bureaus, offices, and divisions.
Sec. 807. Presidential special representatives.
Sec. 808. Policy formulation.
Sec. 809. Negotiation management.
Sec. 810. Report on measures to coordinate research and development.
Sec. 811. Negotiating records.
Sec. 812. Verification of compliance.
Sec. 813. Authorities with respect to nonproliferation matters.
Sec. 814. Appointment and compensation of personnel.
Sec. 815. Security requirements.
Sec. 816. Annual report to Congress; authorization of appropriations.
Sec. 817. Conforming amendments.
  Mr. PELL. Mr. President, this amendment is the same as S. 1182, a 
bill strongly endorsed by the Committee on Foreign Relations. This 
legislation has the full support of the Clinton administration. This 
important legislation will revitalize and strengthen the Arms Control 
and Disarmament Agency [ACDA] by clarifying its role in the national 
security structure, assigning ACDA major new responsibilities, and by 
redirecting its energies to the arms control challenges of the future. 
It would build upon the agency's solid core of professionals to re-
create the Agency as the strong and forceful entity envisaged when ACDA 
was created in 1961 in the first year of the Kennedy administration.
  This act is the result of an excellent and continuing cooperation 
between the executive branch and the Congress. It represents a 
consensus as the best course for ACDA and it enjoys broad bipartisan 
support on the Hill, as well as the support of the administration.
  Mr. President, Secretary of State Christopher deserves particular 
credit for the time and attention be devoted to this issue, for his 
farsighted decision that ACDA should be strengthened and revitalized 
and for his recommendation along those lines to the President. 
President Clinton became directly involved in this issue, and it is to 
his strong credit that he recognized both the arms control challenges 
of the future and the critically important role ACDA can play in 
meeting these challenges.
  In 1991, the Committee on Foreign Relations, concerned by the reduced 
stature and effectiveness of the Arms Control and Disarmament Agency, 
approved unanimously an amendment offered by Senator Simon requiring a 
report by the State/ACDA inspector general, not later than December 15, 
1992, with regard to the Agency's fulfillment of the primary functions 
specified in law. The amendment specified:

       Such report shall address the current ability and 
     performance of the Agency in carrying out these functions and 
     shall provide detailed recommendations for any changes in 
     executive branch organization and direction needed to fulfill 
     these primary functions.

  The inspector general, Sherman Funk, appointed a panel, led by 
Ambassador James F. Goodby, to prepare the report. After a wide-ranging 
and thorough effort, the report was submitted to President Bush and the 
requesting committees in December 1992. The panel judged that two 
concepts are most likely to promote U.S. national interests and meet 
the challenges of our changed world were either to refocus and 
rejuvenate ACDA as a separate agency or to fold it into the State 
Department.
  The panel opted for a reshaped and rejuvenated ACDA. Mr. Funk wrote:

       The review concluded that it remains important to the 
     nation to have a specialized, technically competent, and 
     independent arms control institution, and therefore 
     recommends retaining a separate, but reorganized, refocused, 
     and rejuvenated ACDA.

  I reviewed Sherman Funk's excellent report with great care. At the 
same time, I weighed the judgments in a comprehensive report prepared 
independently by the Henry L. Stimson Center, as well as related 
studies by others.
  It was clear from these assessments that ACDA could not go on as it 
was. It remained the only independent governmental Agency in the world 
devoted to arms control and it retained a solid corps of professionals, 
but it was in score need of nurturing. I concluded that we needed both 
to help it truly live up to its mandate and to give it new authorities 
so that it would not only have a seat at the arms control table, but a 
strong voice at the table.
  Accordingly, I directed the preparation of a draft bill that would 
strengthen the Agency and maintain its independence, and sent the bill 
to the National Security Council [NSC] for review. At the same time, at 
my direction, the committee staff worked with ACDA, State, and NSC 
officials to see whether common agreement on strengthening the Agency 
could be reached.
  Some in the Department of State favored absorption of ACDA by State. 
Others inside and outside the executive branch, however, preferred an 
independent role for ACDA. There was a general agreement that the 
proper choices were merger or revitalization and strengthening, but not 
the status quo. Those who favored absorption believed sincerely that 
there would be major cost savings. My own review indicated that the 
cost savings would only be realized by cutting people and capabilities. 
To realize the savings envisaged, experts in ACDA would have had to be 
put out on the street and with them their expert knowledge. According 
to a study by Steven A. Hildreth for the Congressional Research 
Service:

       . . . a new analysis of State's proposal suggests the 
     estimated annual cost saving in the near term may only be 
     about $3 million or less. This figure could vanish altogether 
     if the State Department created new positions to replace 
     those assumed to be abolished by the proposed transfer. 
     Abolishing ACDA, therefore, is not likely to save money 
     without a substantial RIF or statutory enactment. None of 
     these analyses included the additional costs of shutting down 
     ACDA.

  Moreover, according to the study:

       The major current alternative to the State Department's 
     proposal is to attempt to strengthen or revitalize ACDA. Most 
     of the proposals for revitalizing ACDA do not cost money.

  Mr. President, throughout this process of review and assessment, I 
worked closely with Secretary of State Christopher and the President's 
National Security Adviser, Anthony Lake.
  n July 3, 1993, the President, in a radio address to the Nation, 
called for the preservation and revitalization of ACDA. President 
Clinton stated:

       . . . I am also taking steps to revitalize the Arms Control 
     and Disarmament Agency, so that it can play an active role in 
     meeting the arms control and nonproliferation challenges of 
     this new era. I am committed to protecting our people, 
     deterring aggression and combating terrorism. The work of 
     combating proliferation of weapons of mass destruction is 
     difficult and unending, but it is an essential part of this 
     task. It must be done.

  On July 12, 1993, Secretary Christopher followed up the President's 
statement with a letter to me confirming the decision of the 
administration to revitalize ACDA. The Secretary wrote:

       The President and I are fully committed to a revitalized 
     ACDA through a combination of strong ACDA leadership, 
     internal agency changes, full participation of ACDA in 
     Executive Branch policy making, and legislative changes.

  In response to the President's announcement and Secretary 
Christopher's letter, another series of discussions were held to 
resolve all outstanding differences before the bill went to mark up. 
These discussions were fruitful, and all issues were settled by 
September 14, 1993. On that date, National Security Adviser Anthony 
Lake expressed support for the act in a letter on behalf of the 
administration.
  The Arms Control and Non-Proliferation Act, as amended and favorably 
reported out of committee, has several key provisions. As described in 
the committee's report, the act:
  Codifies the President's decision of July 3, 1993, to retain and 
revitalize the Agency;
  Enhances the role of the ACDA in the areas of arms control and 
nonproliferation policy and negotiations in several ways: First, ACDA 
is given primary responsibility for all arms control negotiations and 
implementation fora, including any negotiation of a comprehensive 
nuclear test ban; second, positions for Presidential Special 
Representatives for Arms Control, Nonproliferation, and Disarmament are 
created and placed under the ACDA Director; and third, ACDA's role in 
nonproliferation is underscored by giving the Agency primary 
responsibility for managing U.S. participation in the 1995 review 
conference of the Nuclear Non-Proliferation Treaty and primary 
responsibility for other nonproliferation activities when so directed 
by the President;
  Improves ACDA's role regarding arms transfers and nonproliferation. 
ACDA is given mandatory prior consultation and review rights with 
respect to export licenses and other matters under both the Arms Export 
Control Act and the Nuclear Non-Proliferation Act;
  Streamlines the functions of the Agency by eliminating a number of 
outdated or redundant reporting requirements and by disbanding the 
General Advisory Committee, thereby permitting the Agency to reassign 
personnel to other substantive areas; and
  Authorizes the appropriation for fiscal year 1994 of $57,500,000 for 
ACDA and $59,375,000 for fiscal year 1995 for ACDA.
  Mr. President, in 1961 when I was a freshman Senator, I was 
privileged to go with the late Senator Joseph Clark and the late 
Senator Hubert H. Humphrey to the White House to discuss the status in 
the bureaucracy of the new arms control agency. We argued strongly that 
the Arms Control and Disarmament Agency should not be created by 
executive fiat, but rather should have the imprimatur of a statutory 
agency. The White House accepted our advice and shortly thereafter the 
new U.S. Arms Control and Disarmament Agency was born.

  We hoped for a great deal, but to a certain degree our reach exceeded 
our grasp, and the Agency was never to have the clout and authority we 
hoped for at the start. You do not have opportunities always in life to 
fix those things that have not measured up to your expectations, but we 
fortunately have such an opportunity now with ACDA.
  We must remember that this is an agency that despite its adversities 
has shown great resolve and purpose that have redounded to the credit 
of the United States. It was because of the Arms Control and 
Disarmament Agency that the United States was the leader of the effort 
to reach agreement on the critically important Non-Proliferation Treaty 
in 1968. ACDA was in the lead of the effort to negotiate the ABM Treaty 
of 1972 and it remained steadfast in much adversity in its defense of 
that treaty in the mid-1980's so that it still remains the cornerstone 
of our strategic arms limitation effort. Through the Arms Control 
Agency's good offices the extraordinarily complex Chemical Weapons 
Convention has been achieved to complement the earlier Biological 
Weapons Convention, which the United States is adhering to because of 
ACDA's efforts.
  Many of the problems unique to the cold war have disappeared only to 
be replaced by new and urgent concerns. Central to the future arms 
control effort will be our own activities to stem the proliferation of 
chemical, biological and nuclear weapons, and their means of delivery.
  The Arms Control and Nonproliferation Act gives the Arms Control 
Agency, its Director, and other senior ACDA officials substantially 
broadened authorities and responsibility in the nonproliferation area. 
We are trying to give ACDA some of the muscle it needs to have to 
ensure that it carries the necessary weight in the interagency 
deliberative process. I believe that this act will build upon ACDA's 
successes and the Agency's talents to give it the lead role in our arms 
control and nonproliferation efforts of the future. The Agency will 
lead in setting course and direction in arms control and 
nonproliferation, and I believe that it will be a very successful 
voyage into a future with many threats and challenges to be met.
  I do hope that we accept and pass this amendment.
  The PRESIDING OFFICER. Is there further debate?
  Mr. HELMS addressed the Chair.
  The PRESIDING OFFICER. The Chair recognizes the Senator from North 
Carolina [Mr. Helms].
  Mr. HELMS. Does the Senator want to proceed now?
  Mr. KERRY. I am happy to wait. The Senator is going to address this 
amendment?
  Mr. HELMS. Yes, I say to my friend.
  Mr. President, thank you for recognizing me.
  The administration's strong endorsement of S. 1182, the ACDA 
reauthorization bill before us today, is indicative of a colossal 
downtown. The original State Department reorganization of the foreign 
policy decisionmaking apparatus was to send ACDA to the Federal 
bureaucracy scrap heap. That may be an indelicate way of saying it, but 
it is pretty accurate. The truth of the matter is that ACDA's stature 
and effectiveness have greatly diminished over the past 6 years.
  Certainly since the end of the cold war, ACDA has been an agency in 
search of a mission to justify its existence. ACDA is sort of a cold 
war dinosaur on an evolutionary slide to extinction.
  Every report or recent study conducted on the continued existence of 
ACDA has concluded ACDA was never the dynamic, energetic, or critically 
important policy adviser to the President and Secretary of State 
originally envisioned in 1961. Matter of fact, this agency has never 
played the critical mission, been the independent decisive information 
broker or the policy confidant to the President and key arms control 
decisionmakers in the executive branch.
  Granted, the agency has had its moments and played an important role 
in the past 33 years--for example, the Non-Proliferation Act of 1968, 
negotiation of the 1972 ABM Treaty, and the Chemical and Biological 
Weapons Convention. But the fact remains that ACDA was an unwanted 
congressional appendage, affixed to the executive branch by legislative 
fiat. Consequently, the Agency has been treated like an unwanted 
stepchild for years.
  As Chairman Pell points out, the Agency was never to have the clout 
and authority we hoped for from the start. Even ACDA's greatest 
accomplishments were achieved under the watchful eyes and guiding hands 
of NSC's Policy Planning Coordination Committee, the Department of 
Defense, the Joint Chiefs of Staff, the Department of Energy, the CIA, 
the DIA, and a plethora of advisers, consultants, and academicians on 
the U.S. payroll. The fact is ACDA was always on the outside looking in 
on policy decisions.
  Even with ACDA, there was the ``Un Group.'' This was an unofficial 
group of key ACDA analysts and specialist who provided unofficial 
guidance to the real policymakers because formal recommendations from 
ACDA were so slow to emerge and were never listened to.
  For these and other reasons, the Clinton administration originally 
endorsed and supported the recommendation contained in the Bush 
administration study, ``State 2000,'' to abolish ACDA and fold its 
functions into the State Department and other related departments where 
appropriate.

  Before Secretary Designate Christopher had the benefit of 
congressional foresight, he was advocating and recommending termination 
of ACDA, but he did an about face when he discovered in Executive 
hindsight that it was much easier to discuss the positive aspects of 
ACDA from the vantage point as a confirmed Secretary of State.
  Whatever the reason for the administration's reversal of direction, 
it was dramatic. I think the administration should thank Chairman Pell 
and other Senators for the administration's new found cooperative 
insight. Everyone can quote their own study on this issue, but some of 
the original cost saving estimates--State 2000 and GAO--were that a 
major reorganization could save almost half of the ACDA budget--$25 
million per year, or one quarter of a billion dollars in 10 years. That 
is a lot of money to spend on an agency in search of an identity. Every 
study I have seen has clearly stated that ACDA cannot continue under 
its existing mandate--either reshape it or abolish it. One study said, 
contrary to a previous study, that ``a new analysis . . . suggests . . 
. an estimated cost saving in the near term may only be $3 million.'' 
CRS further stated: ``Abolishing ACDA, therefore, is not likely to save 
money without a substantial RIF--reduction in force--or statutory 
enactment.'' Even with shutdown costs--I call termination of an agency 
a substantial long-term RIF, saving millions of taxpayer funds. The 
same CRS study said, ``the major current alternative to the State 
Department's proposal is to attempt to strengthen or revitalize ACDA. 
Most proposals for revitalizing ACDA do not cost money.'' The last 
finding appealed to me. I offered an amendment in committee to reduce 
the ACDA budget by 8 percent, or $5 million, from $62.5 million to 
$57.5 million in 1994. Based on acceptance of my amendment, I supported 
reporting out S. 1182, the ACDA authorization bill. I found this bill 
deficient in several respects. But quite frankly, I found the state 
Department's original proposal of folding ACDA and related functions 
into State similarly deficient. I have always thought the Department of 
Defense should have the final say in whether or not the proliferation 
or export of certain high technologies are detrimental to the national 
security interests of the United States. Second, ACDA's integration 
into State should be at the Undersecretary level and encompass the 
responsibilities of ACDA, parts of the Political and Military Bureau, 
the Office of Ambassador-at-Large for Proliferation, and other offices. 
This way the person responsible for nonproliferation would be on the 
inside of the policymaking process, and would carry a big stick to 
boot. But this is not where we are. I think we should watch this new 
organization like a good bird dog hunts--with a keen nose and good 
eyes. I am not convinced that the organizational structure of ACDA has 
found the proper balance. ACDA currently has a fine Director, but I am 
concerned that ACDA's success may depend more on the personal 
relationship of Mr. Holum and Secretary Christopher than on the so-
called ``revitalized and strengthened'' authorities in this bill. I 
feel we should wish Mr. Holum well but keep a close eye on the future 
of ACDA.
  I thank the Chair and I yield the floor.
  Mr. SIMON addressed the Chair.
  The PRESIDING OFFICER. The Senator from Illinois is recognized. Mr. 
Simon.
  Mr. SIMON. Mr. President, I thank you.
  Mr. President, I rise in support of the amendment. I am pleased to be 
a cosponsor of it. I was not on the floor when it came up, but I heard 
Senator Helms, my friend from North Carolina, say at the end we have to 
keep a close eye. We have to do that on everything in Government. That 
includes particularly things that have such a vital part in the future, 
such as things that concern security.
  I was pleased to join Senator Pell in cosponsoring this to try to 
give ACDA, frankly, some new life. The Arms Control and Disarmament 
Agency has been a weak sister. Let us face it. And with rare exception 
it just has not had any kind of muscle. The idea of the Arms Control 
and Disarmament Agency was that here would be an entity that could come 
in, and whether it was a question of proliferation, whether it was a 
question of conventional arms, whatever it would be, there would be an 
entity that could question whether it makes sense to increase arms 
sales or grants to any area of the world or to any country.
  The difficulty in this area of arms sales and grants is that those 
who manufacture, understandably, are interested in getting their 
products out wherever they can, and sometimes that is not in the 
interest either of the United States or of the country or countries 
involved.
  I would particularly like to commend Senator Pell, who has shown 
leadership in the area of education, and who has shown a sensitivity in 
this whole area of foreign relations.
  The Presiding Officer, the distinguished Senator from Virginia, 
Senator Robb, sits on the Foreign Relations Committee. There are 
probably a few occasions when I have voted differently from Senator 
Pell on the Senate Foreign Relations Committee, but not very many. One 
of the reasons is that I find myself in general agreement with him, and 
the second is I trust his judgment. And when it is a marginal call, 
frankly, Senator Pell through the years has learned some practical 
things.
  One of the things he has learned is that we have to reinvigorate 
ACDA. He is one of those who helped to create this entity. I think his 
amendment is a step in the right direction. I am pleased to be here and 
to join in supporting it.
  I yield the floor, Mr. President.
  Mr. PELL addressed the Chair.
  The PRESIDING OFFICER. The Senator from Rhode Island, Senator Pell.
  Mr. PELL. Mr. President, I thank the Senator from Illinois for his 
very kind remarks. He is correct; I do take great interest in ACDA 
since it was in 1961 when we made the decision to make it a statutory 
body and not set up by Executive order.
  Mr. President, I ask that when we come to vote on this issue, we have 
a rollcall vote. 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.
  Mr. PELL. I yield the floor.
  Mr. HELMS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. KERRY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KERRY. Mr. President, as the Chair well knows, this is an issue 
which we discussed at some length within the committee about where to 
go with ACDA. It is fair to say that it has disappointed a lot of 
people's expectations over the years for a lot of different reasons, 
not the least of which was during a certain period of time we had the 
administration that was not particularly concerned about arms control 
and consciously tried to move the agency off to the side. Other things 
have conspired to make it difficult for the Agency to be able to 
perform.
  I would like to congratulate the chairman of the Foreign Relations 
Committee, Senator Pell, because I think if there is any issue that he 
has identified with and which he has cared about throughout his years 
in the Senate, it is the issue of proliferation. He has constantly 
shown leadership in the effort to try to guarantee not only that we 
have a strong ACDA, but that we have other initiatives in an effort to 
rein in the incredible increase in the proliferation of weapons, not 
just nuclear proliferation, but the general weapons of warfare.
  As Senator Pell has served on the Arms Control Observer Group during 
those critical years of the cold war when that was particularly active, 
he has consistently pushed this issue. I know how hard he has worked to 
frame a new structure for ACDA and a new dynamic within which, 
hopefully, we can address the growing proliferation issues that we 
face, I might add the important complex proliferation issues that we 
face in the wake of the changes with the demise of the Soviet Union.
  The question of control over both tactical and strategic weapons, the 
process of destruction, the questions of the defense arrangement, 
security arrangements with which we will address the new NATO, and the 
Partnership for Peace, all of these are very significant. And to have a 
revitalized ACDA in that context I think embodies a lot of our hopes, 
all of us, that we are going to have an agency and an entity that 
really can frame these issues and assist the President in putting good 
choices in front of the Congress and the American people.
  So I congratulate the chairman of the committee. I hope that this 
effort to revitalize ACDA will bear fruit.
  Mr. President, I do not think there is any further debate.
  Mr. HELMS. I believe he has the yeas and nays on the amendment.
  The PRESIDING OFFICER. Is there further debate?
  Mr. KERRY. Mr. President, I ask unanimous consent that the yeas and 
nays be vitiated.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.
  Mr. KERRY. I do not believe there is further debate.
  The PRESIDING OFFICER. Is there further debate? If not, the question 
is on agreeing to the amendment of the Senator from Rhode Island, Mr. 
Pell.
  The amendment (No.1250) was agreed to.
  Mr. KERRY. Mr. President, I move to reconsider the vote by which the 
amendment was agreed to.
  Mr. PELL. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. HELMS addressed the Chair.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. HELMS. Mr. President, I ask unanimous consent that it be in order 
to ask for the yeas and nays on amendment No. 1248.
  Mr. KERRY. Mr. President, if I could just reserve the right to 
object----
  The PRESIDING OFFICER. The request is in order at this time.
  The pending business of the Senate at this point is amendment No. 
1248 offered by the Senator from North Carolina.
  Mr. HELMS. 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.
  Mr. HELMS. I thank the chair.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KERRY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mrs. Boxer). Without objection, it is so 
ordered.
  Mr. KERRY. Madam President, I ask unanimous consent that the pending 
amendment of the Senator from North Carolina be temporarily set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


           amendment no. 1251 and amendment no. 1252, en bloc

  Mr. KERRY. Madam President, I send two amendments to the desk on 
behalf of Senator Glenn and ask for their immediate consideration, en 
bloc.
  The PRESIDENT OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Massachusetts [Mr. Kerry], on behalf of 
     Mr. Glenn, proposes amendments numbered 1251 and 1252, en 
     bloc.

  Mr. KERRY. Madam President, I ask unanimous consent that reading of 
the amendments be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments are as follows:


                           amendment no. 1251

(Purpose: To eliminate the provisions relating to an Inspector General 
   of the Department of State and the Foreign Service, and for other 
                               purposes)

       On pages 2 and 3 strike out the items relating to sections 
     136 through 140 and insert in lieu thereof the following:

Sec. 136. Refugee affairs.
Sec. 137. Office of foreign missions.
Sec. 138. Women's human rights protection.
Sec. 139. Repeals.

       On page 41, beginning on line 5, strike out all through 
     line 3 on page 42.
       On page 42, line 4, strike out ``SEC. 137.'' insert in lieu 
     thereof ``SEC. 136.''
       On page 43, line 22, strike out ``SEC. 138.'' insert in 
     lieu thereof ``SEC. 137.''.
       On page 46, line 7, strike out ``SEC. 139.'' insert in lieu 
     thereof ``SEC. 138.''
       On page 46, line 20, strike out ``SEC. 140.'' insert in 
     lieu thereof ``SEC. 139.''
                                  ____



                           amendment no. 1252

       At the appropriate place in the bill, add the following new 
     section:
       Sense of the Senate.--It is the Sense of the Senate that--
       (a) There is a growing concern among some of the Members of 
     this body that the unlimited terms of Office of Inspectors 
     General in federal agencies may be undesirable, therefore,
       (b) The issue of amending the Inspector General Act to 
     establish term limits for Inspectors General should be 
     examined and considered as soon as possible by the 
     appropriate committees of jurisdiction.

  Mr. KERRY. Madam President, in the current section 136 of the bill 
that the committee has submitted, there is a 6-year term limit in the 
position of the State Department inspectors general. This amendment was 
adopted as part of the en bloc package within the full committee 
markup, and it was offered by Senator Helms because of concern over the 
inspector general's performance, and that concern was shared 
particularly by Senator Dodd and by other Senators on the committee.
  After the bill was reported, Senator Glenn, as chairman of the 
Governmental Affairs Committee, contacted us and expressed some concern 
about the jurisdictional issue of the Governmental Affairs Committee 
and this particular amendment.
  I might say to the Chair and to my colleagues that the Foreign 
Relations Committee clearly has jurisdiction over the State 
Department's inspector general, and that is established in the Foreign 
Service Act of 1980. The committee simultaneously recognizes the 
Governmental Affairs Committee's interest in and jurisdiction over the 
question of inspectors general within certain agencies and departments 
of the Government. Therefore, we have worked out a compromise, which 
these two amendments represent.
  The first amendment strikes section 136, dealing with the term of the 
inspector general's service, and the second amendment adds a new 
section at the appropriate place in the bill which expresses the sense 
of the Senate regarding unlimited terms for inspectors general.
  We adopted this section because, frankly, a number of Members on the 
committee were very concerned about this sort of open-ended potential 
for service, a kind of life tenure, if you will, without, in our 
feelings, sufficient performance to merit that or oversight capacity.
  So, Senator Glenn has now assured the committee that he is going to 
address this question of term limits for inspectors general in upcoming 
hearings with possible amendments to the Inspector General Act. And he 
has indicated his personal support for the sense-of-the-Senate language 
which urges the examination of the term limit question by the 
appropriate committee as early as possible.
  So in light of this, the committee is prepared, and has agreed, I 
think, to delete the section 136 language and add the sense-of-the-
Senate language.
  I urge adoption of these amendments, en bloc.
  Mr. HELMS. Madam President, I confess that it is with hesitation and 
reservation, but with full respect of the Senator from Massachusetts, 
that I support the amendment of Senator Kerry.
  I should make it a matter of record that I have not been in agreement 
with the thrust of this amendment. The Senator's amendment, for reasons 
he has explained, deletes the current provision to establish a 6-year 
term limit on inspectors general and replace it with a watered-down, 
sense-of-the-Senate language, noting that some of us are concerned 
about the unlimited terms of some executive branch inspectors general.
  As the Senator has explained--and he did so very clearly--there was a 
debate over the turf aspect of this question. I have all the respect in 
the world for Senator Glenn. I have, on occasion, stood up for my 
committee's turf.
  So we agreed to let this issue rest until the Senate debates the 
Inspector General Act of 1980 later this year.
  As my friend from Massachusetts has indicated, the original provision 
was bipartisan and cooperative, in terms of an effort on the part of 
the members of the committee, demonstrated by the fact that this 
provision was included in an en bloc package of amendments prior to the 
committee markup of a bill.
  It may sound complicated, but it really is not. I contend to this 
moment that the Foreign Relations Committee has had and will continue 
to have jurisdiction over the inspector general for the State 
Department. It was our committee that created the position in the 
Foreign Service Act of 1980. No question about that. It is our 
committee, the Foreign Relations Committee, that receives the IG 
reports. We are the Senators who know whether or not the inspector 
general is performing up to par.
  Therefore, on the jurisdictional issue, with all due respect, I must 
beg to differ with my colleagues who want to claim the jurisdiction for 
their committees. Since the current inspector general announced his 
retirement a few weeks ago, the original language of section 136 loses 
just a bit of its urgency. However, I do hope that later this year the 
Senator from Ohio [Mr. Glenn] will take up the issue of term limits for 
inspectors general.
  I commend my colleague from Massachusetts for his amendment, and I 
support it fully at this point. I regret that he had to offer, or felt 
obliged to offer, a watered down version. But we can get to that later 
and take care of it.
  I thank the Chair, and I yield the floor.
  Mr. KERRY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Massachusetts.
  Mr. KERRY. Madam President, let me say I could not agree with my 
colleague more. He understands the situation. I understand the 
situation. We are bowing to the necessities of jurisdiction, and we 
respect that. We would probably--not probably; we would ask the same 
thing.
  But I think both the Senator and I do not want, and others concerned 
with it do not want, a lot of time elapsing, or this to become somehow 
a permissiveness for this egregious situation to not somehow be 
addressed. I certainly commit to the Senator that we will join together 
in guaranteeing that that is not the situation.
  I do not believe there is any further debate, Madam President.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendments, en bloc.
  The amendments (Nos. 1251 and 1252), en bloc, were agreed to.
  Mr. HELMS. Madam President, I move to reconsider the vote by which 
the amendments were agreed to.
  Mr. KERRY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. KERRY. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The absence of a quorum has been noted. The 
clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. PRESSLER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PRESSLER. Madam President, I rise to say that on this State 
Department authorization bill, I shall be active in supporting 
amendments that would push toward reform of the United Nations. I 
believe the Secretary General should appoint an Inspector General at 
the United Nations. It has seemed very strange to me that after many 
years of audits that have consistently reported mismanagement and 
corruption within the U.N.'s bureaucracy, very little has been done to 
clean it up from a management point of view. I know that management is 
one of the dullest of subjects. I happen to believe, for example, that 
Congress should hold a whole session of oversight hearings rather than 
legislating new agencies and legislating new programs. I think we 
should make the Government that is already established work to our 
advantage.
  Within our various Departments, we have an inspector general who 
roots out corruption and finds if funds are being misused. The American 
taxpayers pay nearly 35 percent, if you add it all up, of the expenses 
of the United Nations. Indeed, I am for our being in the United 
Nations. I have always been pro-United Nations. I think the United 
Nations has a role to play, but that role is crippled when we cannot 
deliver supplies, when we cannot deliver food without it being stolen 
and resold in the streets the next morning. Various regional 
headquarters of the United Nations receive medical materials, we are 
subsequently told they were stolen out of the warehouses and the next 
day they are for sale on the black market.
  There have been a variety of United Nations internal audits that have 
pinpointed individuals and offices that have engaged in thievery and 
corruption, not to mention just bad management. The time has come for 
the American taxpayers to be assured that the United Nations is 
interested in reform and good management. It has long been my feeling 
that the State Department has been too soft in terms of pushing for 
reform at the United Nations. The U.S. delegation to the United Nations 
under both Republican and Democratic Presidents thinks of itself, 
basically, as a diplomatic mission and does not emphasize management 
reform. We did get Dick Thornburgh appointed to be the number two 
manager within the United Nations, but he was fired after a year and 
the report he wrote was shredded. No copies are available. Thornburgh, 
the former Governor of Pennsylvania, has spoken on this subject a good 
deal. So we have a situation in which our taxpayers are asking us what 
is going on?
  One of the amendments that I shall offer would require that an 
Inspector General be appointed or our contributions will decrease. I 
know that I have worked closely with Senator Dole, the Republican 
leader, on a package of amendments for reform at the United Nations I 
think most Americans support our involvement in the United Nations. We 
hope the United Nations can carry out missions of peace and delivery of 
food and medicine throughout the world. We hope the United Nations can 
be an instrument for peace, but we think it will be a better United 
Nations if there are management reforms.
  Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KERRY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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