House Debate / Vote On Code Of Conduct On Arms Transfers ActThe amendment was defeated by a vote of 157-262. This represents the first time that the full House of Representatives has debated and voted on the Code of Conduct. The floor debate and vote record follows:
The CHAIRMAN. Are there further amendments?
Ms. McKINNEY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment numbered 16 offered by Ms. McKinney:
After chapter 5 of title XXXI of the bill, insert the following new chapter (and redesignate the subsequent chapter accordingly and make other appropriate conforming
amendments): [Text of amendment posted separately]
Ms. McKINNEY (during the reading). Mr. Chairman, I
ask unanimous consent that the amendment be considered as
read and printed in the Record.
The CHAIRMAN. Is there objection to the request of
the gentlewoman from Georgia?
There was no objection.
(Ms. McKINNEY asked and was given permission to revise and
extend her remarks.)
Ms. McKINNEY. Mr. Chairman, today, I will offer the
ode of Conduct amendment to H.R. 1561. My amendment seeks to
give Congress - for the first time in two decades - a role
in U.S. arms export policy.
As the law is currently written, Mr. Chairman, it is
nearly impossible for Congress to stop an arms sale. Not
since 1986 has a floor vote been taken on an arms sale, nor
has a sale proposed by the administration formally been
disapproved by Congress.
In addition to the lack of congressional oversight in
arms sales, the economic cost to the American taxpayer is
more than $7 billion a year just to support the arms export
bureaucracy. U.S. weapons are being used in 90 percent of
today`s most significant regional and ethnic conflicts. The
weapons and technology that devastated the Iraqi Army only a
few years ago, are now available to nations that are
undemocratic, violate human rights, and are governed by
dictators.
In 1993, the U.S. Government cornered a colossal 70
percent of the global arms sales market, and in 1994 U.S.
foreign military arms sales were a whopping $12.9 billion.
America`s arms sales have skyrocketed since the end of
the cold war. As this first chart shows, Mr. Chairman, U.S.
arms transfers from 1990 to 1993 averaged $21.7 billion a
year, whereas, from 1986 to 1989, arms transfers only
averaged $10.6 billion. It is amazing and shameful that as
America solidifies its post-cold war leadership and
encourages global democracy, the U.S. Government sold $83.1
billion in foreign military sales to dictators with no
congressional review.
Despite this enormous dominance of the international
arms market and the `Boomerang Effect` against U.S. Armed
Forces - only a few Members of Congress have worked to
restrain this dangerous trade.
Additionally, America spends billions of tax dollars to
finance exports to tyrants - highlighted by the second chart
- while cutting billions from key domestic programs like
veterans benefits, Social Security, and student loans.
Mr. Chairman, the Code of Conduct amendment would not
prohibit arms transfers to any country. Rather it would
establish a higher standard of scrutiny for countries
receiving U.S. weapons and more congressional oversight of
arms sales. The Code of Conduct makes sure that we look
before we leap by providing four guiding principles for U.S.
arms transfers.
History demonstrates that as a result of Siad Barre`s
Somalia, Cedras` Haiti, and Saddam Hussein`s Iraq, our
soldiers have paid the price for selling U.S. materiel to
dictators.
The Code would require that both the President and
Congress agree that providing assistance to a certain
country is in the best interest of the United States. The
code also gives the President flexibility. He can request a
1-year waiver for countries not meeting the code`s
standards, or in cases where vital U.S. interests are in
jeopardy, use an emergency authority.
The Code is endorsed by 275 organizations from Amnesty
International to the YWCA and is supported by the European
Parliament. Arms sales to unstable governments must end, and
the Code of Conduct will be the first step in that
direction. There are 102 Members of Congress who support
the guiding principles of the code - democracy, respect for
human rights, and nonaggression. I urge all of you to cast
your vote in favor of the Code of Conduct. Let`s ensure that
America`s leadership is positively reflected in our arms
export policy. Vote for the Code of Conduct.
[some supporting documents deleted]
Ms. WOOLSEY. Mr. Chairman, I move to strike the last
word.
(Ms. WOOLSEY asked and was given permission to revise and
extend her remarks.)
Ms. WOOLSEY. Mr. Chairman, I rise in strong support
of the code of conduct amendment offered by the gentlewoman
from Georgia, and I would like to commend her for her
tireless work on this important issue.
As written, our current arms transfer policy is
reckless and dangerous. Over the past decade, we have sent
weapons to countries who have turned around and used them
against our sons and daughters in the Armed Forces. We have
provided ammunition for governments who oppress their people
and commit acts of aggression against the international
community. U.S. arms transfer policy must be more
responsible.
In the debate over military spending and foreign
policy, we continue to hear that `the cold war is over, but
the world is still a dangerous place.` Mr. Chairman, our
current arms transfer policy is making the world an even
more dangerous place. I thought we fought the cold war in
order to make the world safe for democracy and human rights,
not dangerous for U.S. soldiers and innocent citizens
worldwide.
Opponents of this measure argue that the United States
should not restrict itself to selling arms only to countries
who promote democracy and protect human rights. They suggest
that we should be allowed to sell weapons to countries which
may not fit these categories, but who are friendly to the
United States.
Mr. Chairman, Members of the House, Manuel Noriega used
to be friendly. Iraq used to be friendly. Why do we refuse
to learn that even the Devil can be friendly if he wants to
make a deal?
Mr. Chairman, I urge my colleagues to support the
McKinney amendment and reject the current reckless arms
transfer policy.
Mr. BERMAN. Mr. Chairman, will the gentlewoman yield?
Ms. WOOLSEY. I yield to the gentleman from
California.
Mr. BERMAN. Mr. Chairman, I want to add my support
for what the gentlewoman said for the McKinney amendment.
This is a restrained and sensible set of guidelines which
reinvolve the Congress in the way that it used to be in the
process of arms transfers before the Supreme Court decision
knocked that process out and made us essentially irrelevant.
This provides waiver authority. There may be times when
a country that is bad on human rights or a country that is
not democratic should get some of our assistance for other,
larger kinds of considerations.
There is waiver authority here. Come to Congress, let us
go through that process. I think it is a sensible,
restrained approach to try and deal with the causes of
regional instability in so much of the world and the fueling
of an arms race.
Mr. HASTINGS of Florida. Mr. Chairman, I move to
strike the requisite number of words.
Mr. Chairman, I would like to express my support for
the amendment offered by my colleague, the gentlewoman from
Georgia, (Ms. McKinney).
This amendment establishes a code of conduct for
recipients of U.S. military exports and training. It gives
the President the authority to decide which countries meet
the four responsible criteria: promote democracy, protect
human rights, not engaged in acts of aggression, and
participants in the U.N. arms trade register. Those
countries which do not meet the criteria would require a
waiver agreed to by both the President and the Congress.
As we apply conditions on our military aid to other
countries, so should we apply conditions to our weapons
exports. It is outrageous that in our last four overseas
United States engagements - Panama, Iraq, Somalia, and Haiti
- our troops were threatened by weaponry that we sold to
various dictators who were once our friends, and later our
enemies.
As the only superpower in the world, it is imperative
that the United States set the standard for responsible
leadership. Congresswoman McKinney`s amendment would ensure
our moral leadership by prohibiting the sale of arms to
those countries that are undemocratic, violate human rights,
or are engaged in acts of armed aggression.
Arms transfers to undemocratic countries which past
administrations have courted for a variety of reasons, have
often come to haunt us. We have spent precious human and
financial resources cleaning up after conflicts which were
fueled by our own arms transfers. Our own children have been
endangered by the very same weaponry that we sold because of
short-term foreign policy interests.
This legislation will protect our children in the
future by creating a presumption against such transfers, but
does establish a thorough, responsible review process for
those sales that are in our best interest.
Mr. Chairman, I ask the Members to support the McKinney
amendment.
Mr. BURTON of Indiana. Mr. Chairman, I move to strike
the requisite number of words.
Mr. Chairman, I find myself in a kind of an
uncomfortable position because I do not particularly like
some of the ways that the President has conducted foreign
policy, and I did not particularly like the invasion of
Haiti or the way he conducted our operations in Somalia and
lost a bunch of American lives, but here is one case where I
do agree with the President. The President has to have some
leverage and be able to conduct foreign policy, and many
times his ability to negotiate with countries that are
buying U.S. arms is one way that he can get the job done.
So the President of the United States, Mr. Clinton, is
against this particular amendment. In this particular case,
I concur with him because I think it hamstrings him in one
respect, as far as his ability to conduct foreign policy is
concerned.
But, in addition to that, there is another economic
issue that needs to be taken into consideration. If anybody
believes that a country that wants to buy weaponry is going
to not buy it simply because they cannot buy them from the
United States, they are just barking up the wrong tree.
France sells weapons, Great Britain sells weapons, a number
of countries sell sophisticated weaponry. If they do not buy
them from the United States of America, then certainly they
are going to buy them from some place else.
It will have an adverse economic impact on many
segments of our society. If you go out to California and
take a look at the aircraft industry, it is in a depressed
state. It is starting to come out of it now because of the
commercial sales. The fact of the matter is if you put these
kinds of constraints on the sales of these kinds of
materials, you are going to have an impact on industry in
this country, and there are going to be a lot of people lose
their jobs and those jobs will go overseas to manufacturers
of this equipment in foreign countries.
Mr. KENNEDY of Massachusetts. Mr. Chairman, will the
gentleman yield?
Mr. BURTON of Indiana. I yield to the gentleman from
Massachusetts.
Mr. KENNEDY of Massachusetts. Mr. Chairman, I
appreciate the sentiments that the gentleman from Indiana is
showing in terms building up our own economic base here at
home. It is a legitimate concern.
This amendment does not say that we cannot sell arms to
Third World countries, nor does it say we cannot sell arms
to other countries throughout the world. All it says is that
when there are human rights abuses, when there are gross
inequities in terms of how the country that is trying to
purchase arms treats its neighbors, is overly aggressive in
those issues, in terms of spending far too much money on its
own arms industry rather than looking out after its own
people, that the United States ought to take those issues
into account.
It gives the President the flexibility of overruling
these on a national security basis, and in any given year.
So I think it does provide the kind of flexibility that is
necessary to address the concerns the gentleman from Indiana
has articulated, but it does put us into the immoral
position that we are currently in where we are actual
selling arms to our neighbors that end up using those arms,
or to our friends that end up using those arms against us
when we get into conflict.
Mr. BURTON of Indiana. I thank the gentleman for his
contribution. I disagree simply because the President of the
United States has the ability right now to put pressure on
those countries by not allowing arms sales to them. As a
matter of act, the President has exercised that authority
already in a number of countries. If you followed what has
been going on in the past several years, you will find there
are a number of countries that even purchased equipment from
the United States and the President has not allowed those
purchases to go forward.
So he does have some latitude. It is a Democrat
President. He is asking for this authority to be maintained.
Whether it is a Republican or Democrat, I would support it.
The fact of the matter is there is an inconsistency as
far as our foreign policy is concerned. There are many
pieces of legislation which I have sponsored, regarding
human rights abuses in India, for instance, that have not
passed this House because the minority now, then the
majority, would not support them.
So I find it kind of interesting that here is the
President of the United States wanting to protect his
ability to conduct foreign policy and, because of human
rights issues, his party is trying to stop it, while at
other times in our history when we were fighting for human
rights abuses to be removed on other pieces of
legislation, we could not get that support.
Mr. KENNEDY of Massachusetts. If the gentleman would
yield further, maybe this kind of legislation would actually
improve and get the kind of result that you were looking for
in terms of your amendment with regard to Pakistan.
Mr. BURTON of Indiana. Not Pakistan. India.
Mr. KENNEDY of Massachusetts. With regard to India in
times past. The fact of the matter is, if we had a uniform
policy instead of the hodgepodge policy that we have today,
I think we would get the moral leadership of the rest of the
world to support us, as we have seen today in the European
Parliament, which is taking up legislation very similar to
this.
Mr. BURTON of Indiana. I appreciate the gentleman`s
contribution. In a perfect world we might have a consistent
foreign policy worldwide. But as the gentleman well knows,
we do not have a perfect world; we have an inconsistency in
foreign policy. That is why the President, whether
Republican or Democrat, has to have latitude in conducting
that foreign policy that includes the ability to stop arms
sales or allow those arms sales to go forward.
I am very sympathetic to the human rights abuses issue
being raised here.
The CHAIRMAN. The time of the gentleman from Indiana
(Mr. Burton) has expired.
(By unanimous consent, Mr. Burton of Indiana was allowed to
proceed for 1 additional minute.)
Mr. BURTON of Indiana. I am very sympathetic to the
human rights issue being raised here. This is a very, very
complex world. It is a dangerous world. Even though the so-called cold war is over, we still have to have a foreign
policy that will allow us to be able to deal with friends to
make sure that they have the ability to defend themselves.
I might add one more time, if we do not sell them these
weapons, we will make sure that they will buy them someplace
else. Let us allow that the President of the United States
will be able to make these determinations where necessary
and at the same time protect American jobs by not letting
them go overseas.
Mr. KENNEDY of Massachusetts. If the gentleman will
yield further, the fact is that I have worked very closely
with Members of the Republican side in the Committee on
Banking and Financial Services to structure amendments that
are very similar to this dealing with funding for the World
Bank and the IMF, which have received bipartisan support.
The question is whether or not Members of this body want to
provide this authority in the Presidency or whether or not
we want to establish this as a national policy for this
country.
We have gotten bipartisan support for such a policy in
times past, and I would hope we would gain support on the
Republican side for this well-thought-through amendment that
the gentlewoman from Georgia (Ms. McKinney) is offering.
The CHAIRMAN. The time of the gentleman from Indiana
(Mr. Burton) has again expired.
(By unanimous consent, Mr. Burton of Indiana was allowed to
proceed for 30 additional seconds.)
Mr. BURTON of Indiana. I thank the gentleman for his
contribution.
Let me just end up by saying that we have asked time
and time again that there be a stronger voice by the
Congress in the conducting of foreign policy, and the
Administration has found that they do not want that to be
accomplished. They wanted to keep that power in the
executive branch, and I understand that. And we have not
been successful in making those changes.
In this particular case, I think the President`s
arguments are well founded, and I, as a Republican, find
myself once again in a difficult position, but I am
supporting the President in this particular case.
Mrs. MEEK of Florida. Mr. Chairman, I move to strike
the requisite number of words.
Mr. MILLER of California. Mr. Chairman, will the
gentlewoman yield?
Mrs. MEEK of Florida. I am happy to yield to the
gentleman from California.
Mr. MILLER of California. I thank the gentlewoman for
yielding.
I rise in strong support of this amendment. I think it
is very important that we consider it. I would hope we would
pass it. The gentleman is right. It is not a perfect world,
but we have got to strive to make it a better world.
Mrs. MEEK of Florida. Mr. Chairman, I rise in strong
support of the amendment offered by my colleague, the
gentlewoman from Georgia (Ms. McKinney).
The United States has long been an arms merchant to the
world, Mr. Chairman, but this amendment is not about the
quantity of arms sales. This amendment is about who we sell
arms to and who makes these decisions.
At the present time, except in rare circumstances, the
executive branch alone decides what countries are eligible
to receive weapons. This process has resulted in arms
transfers to undemocratic countries that use our arms to
maintain their own control and to oppress their own people,
and in recent United States military operations overseas, in
Panama, Iraq, and Somalia, our troops had to fight against
hostiles armed with the very weapons we previously sold to
them.
We sold $200 million in weapons to Somalia. We spent $2
billion fighting soldiers armed with these weapons, many
times at the destruction of the U.S. soldiers and citizens.
This amendment brings Congress into the arms sales
process without tying the hands of the President. This
amendment sets reasonable criteria that have to be met
before arms can be transferred, including promoting
democracy, protecting human rights, participating in the
U.N. arms trade register, and refraining from aggression. A
waiver is provided for countries that do not meet this
criteria if the national security requires.
Mr. Chairman, the McKinney amendment is a very sound
amendment. It is reasonable and responsible reform. It
restores the balance of power in arms sales between the
legislative and the executive branches. It helps secure
responsible decisions in this important policy area.
Mr. Chairman, I commend the gentlewoman from Georgia
(Ms. McKinney) for bringing forth this wonderful amendment,
and I strongly urge its passage.
Mr. FATTAH. Mr. Chairman, will the gentlewoman yield?
Mrs. MEEK of Florida. I yield to the gentleman from
Pennsylvania.
Mr. FATTAH. Mr. Chairman, I thank the gentlewoman for
yielding.
Let me commend the sponsor of the code of conduct
amendment, and let me try to be as brief as possible, Mr.
Chairman.
I rise in support of this amendment. I think that we
cannot divorce American ideals from American foreign policy,
and in the area of arms sales, I do not think we would want
our contribution and our legacy to the world to be that we
have sold arms to everyone and allowed for the continuation
of the practice of war as almost a permanent vocation in
this world.
So I would hope that we would support the McKinney
amendment and the companion effort in the Senate because I
think it moves us in the right direction, and even though it
may be a debatable matter in some people`s minds, I think
that for all of us, if we want to be on the right side of
history on this issue, that we should, in the final
analysis, find ourselves voting favorably for the McKinney
amendment.
Mr. SALMON. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, this amendment is offered in good faith.
But it is slightly misnamed. This amendment is not about
human rights, and this amendment is not about foreign
policy. This amendment instead is about a philosophical
difference that exists within the Congress.
Some in this body simply believe that all arms sales to
our allies are wrong in all cases. They believe that helping
our allies defend themselves and helping them defend our
vital interests amounts to exporting violence. I disagree.
Often selling arms to our allies may mean we do not have to
send U.S. troops, and that makes sense for Americans.
Moreover, responsible arms sales have for many years played
an important role in our Nation`s foreign policy.
Obviously, opponents of arms sales to our allies could
not hope to enact a complete ban on the practice, so they
have come up with this lesser amendment.
But we should not artificially restrict our arms sales
to our allies, or hold them hostage to interpretations of
vague definitions contained in this amendment.
I welcome continued debate on whether we should ban all
arms sales to other nations. But this back door effort at
beginning such a ban today, should be defeated.
Mr. Chairman, I yield to the gentleman from Florida
(Mr. Mica).
Mr. MICA. Mr. Chairman and my colleague, I just want
to make a couple of points and rise in opposition to the
amendment that has been offered here this afternoon.
First of all, this does address the human rights
violation question, and none of us favor any type of human
rights violations anywhere in the world or by any of our
allies, but the matter of fact is that this amendment is not
a realistic amendment, and it is not a needed amendment. I
say to my colleagues: First of all, if you want to look at
human rights violations, just refer to - and I invite all my
colleagues to do this, and other folks that are listening -
read the Amnesty International human rights violation
reports. You find actually one of the countries that is
cited is the United States. Not only is the United States
cited, but you also have Israel, Egypt, Turkey, and, if this
amendment passed, I think you really would jeopardize the
status of peace efforts in the Middle East if this was
properly applied according to the language in the amendment,
and again I think it serves no purpose. We must work against
human rights violations wherever they occur, and human
rights violations are not condoned by this Congress.
Let me also point out that a major flaw in this
amendment is the President already has the authority. Maybe
the other side of the aisle or the sponsor does not trust
the President of the United States, but in fact under
current law the President of the United States is required
to even notify Congress before there is an arms sale in the
appropriate committee of Congress.
So first of all, it is not a realistic amendment, and
it is not an amendment that recognizes that there are human
rights violations, whether it is in the United States or
with our allies that are sometime recipients of these arms;
and, second, the amendment has no purpose because the
President really already has the authority, and the Congress
is, in fact, notified when there are these arms sales
pending. So it is not a needed amendment, and it is not a
useful amendment, and I urge its defeat.
Ms. WATERS. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I rise in favor of this amendment
authored by the gentlewoman from Georgia (Ms. McKinney).
This amendment is about the new world order. The United
States has emerged as the undisputed political, economic,
and military leader of the world.
With the end of the cold war, the old ways of doing
international business - especially military business - are
no longer adequate. This is a time to re-evaluate. It is a
time for America to live up to the promise of its creed -
across our borders as well as within them.
This Nation must not support dictators. It must stand
strongly against human rights abuses. We have the capacity -
through diplomatic pressure, business opportunity, and
military arms relationships - to make the world safer for
its citizens. The United States should exercise that power.
This, Mr. Chairman, is what the McKinney amendment is all
about.
We only need to look at the recent past to find
examples of good intentions gone bad in the U.S. arms sales.
Many people have heard about the recent, gross
violations of human rights in Turkey. Turkey happens to be
one of the largest recipients of United States military aid.
Former Assistant Secretary of Defense Lawrence Korb
testified yesterday that Turkey`s rulers have used United
States-supplied F-16`s, Black Hawk helicopters and M-60
tanks against its own Kurdish population.
The United States also militarily supplies human rights
abusers in Indonesia and Malaysia. Unfortunately, we are
considering more aid to the Government of Indonesia -
despite widely reported human rights abuses by the
Indonesian military against East Timor.
In the not quite so recent past, this country felt
forced to stop a military exercise by Iraqi leader, Saddam
Hussein. We had a major war - risking the lives of thousands
of soldiers - against Iraq, a country which had always been
a human rights abuser, and which had been the recipient of
U.S. aid, including military aid.
Too many times in this country`s history, we have been
short-sighted policy in our arms export policy. Too many
times, short-term military alliances have led to long-term
human rights disasters, or worse.
The McKinney amendment does not preclude military
assistance to any country. If the President and Congress
agree that an arms sale is in the national security
interest, that sale would be allowed. However, the McKinney
amendment would establish basic, humane, and appropriate
standards for the conduct of U.S. military export policy.
These standards are common sense standards such as requiring
our military exports to go to countries which hold free and
fair elections; such as being sure our sales go to countries
which do not engage in gross violations of human rights, and
making sure that our arms exports do not go to countries
which engage in illegal acts of armed aggression.
If there was ever a time when this country could
justify working with human rights abusers to further some
longer-term strategic objective, that time is surely past.
This country, without any serious military threat to our
security, now must face its responsibility, and act as the
world`s moral leader. The McKinney amendment would apply a
moral test to U.S. foreign policy.
Let us assert our role as a moral leader in the world.
Support the McKinney amendment.
Mr. BEREUTER. Mr. Chairman, I move to strike the
requisite number of words.
(Mr. BEREUTER asked and was given permission to revise and
extend his remarks.)
Mr. BEREUTER. Mr. Chairman, I rise in opposition to
the McKinney amendment. I agree with some of her concerns,
but not the solutions embodied in the amendment.
Certainly, Mr. Chairman, during the cold war the two
superpowers did transfer billions of dollars of weapons to
the developing world every year as a part of their strategic
competition. With the dissolution of the former Soviet Union
and excess conventional military equipment flooding global
markets, I believe it is essential to find a way to stop the
spiral of militarization. An over armed developing world not
only has a terrible human cost, it is also contrary to
American interests in fostering democracy, building
political stability, and enhancing growing global economy,
and I think those are some of the gentlewoman`s concerns,
and I certainly agree with them.
In my mind the solution to the problem of
militarization in arms transfer must be a multilateral one.
It would do us, nor the developing world, any good if we
reduce exports only to find the gap filled by other
suppliers. Yet it is also clear that multi-lateral
solutions require U.S. leadership both by the President and
by the Congress.
Congress has already begun to address the need for arms
restraint, enacting several measures which I support,
including, No. 1, encouraging the President to establish a
multilateral arms restraint regime; No. 2, imposing a
moratorium on the export of antipersonnel land mines and
calling on the administration to negotiate a worldwide ban
on their deployment; and, No. 3, calling on the
administration to oppose multilateral lending to countries
who refuse to reduce military spending in concert with their
neighbors.
That brings me to the amendment at hand. Mr. Chairman,
I am in strong agreement with the sentiments, as I said,
which were expressed in the amendment which express the view
that we should not sell arms to countries that are
democratic, that do not respect human rights, and that do
not promote peace and stability. Where I have problems with
this amendment is that it mandates, at least as I read it,
that human rights, democracy, and participation of the U.N.
arms registry of conventional arms be the only criteria that
should govern our arms transfers. To say that these criteria
should be paramount in evaluating a particular transfer is,
I think, going too far. This is too restrictive in my view.
Arms transfers serve important foreign policy and national
security objectives. That can contribute to regional
stability and help deter aggression. They can even foster
interoperability should U.S. Assistance ever be required as
in the Desert Storm operation.
Human rights and the democratic make up of recipient
governments ought to be among the criteria in making a final
decision on a proposed transfer. In some cases they may be
the primary criterion, but not in all cases. The President
must be able to weigh all relevant criteria to reach
sensible, sound decisions on the merit of each proposed
transfer.
Moreover, the amendment would require the President to
certify annually those nations that qualify for arms
transfer according to these criteria. Transfer to other
countries could only be made if the President certifies to
Congress that such a transfer is in the national security
interests of the United States and the Congress enacts a law
approving such an exception or if the President determines
that an emergency exists under which it is vital to the
interests of the United States to provide the transfer. If
the President cannot meet this very high standard, quote,
that an emergency exists, end of quote, then this amendment
would force the Congress to enact a resolution of approval
for arms sale. This, of course, turns the current system of
congressional review of arms transfer on its head, a system
that I, for one, do not think to be broken.
Now, I do believe the author of this amendment has made
a very serious effort to modify the language to address
concerns of limiting Presidential flexibility by inserting
new language under which countries could receive arms if
they were violating the criteria in the bill if the
President determines that an emergency exists, so there is
that flexibility for the President. I would only point out
this is a very high standard and one that I think cannot be
met, at least not in very many instances. The
President`s room to maneuver is largely circumscribed,
so in my view the modification does not fix one of the
fundamental flaws of the amendment.
I want to correct the conclusion here that I think
supporters of the amendment may be making. The Congress,
contrary to what the supporters ---
The CHAIRMAN. The time of the gentleman from Nebraska
(Mr. Bereuter) has expired.
(By unanimous consent, Mr. Bereuter was allowed to proceed
for 3 additional minutes.)
Mr. BEREUTER. The Congress, contrary to what the
supporters of the amendment are seeming to be saying,
currently has a very important role in determining which
sales are made. In many ways, tangible or not so tangible,
the Congress influences the sales about which the
administration ends up notifying the Hill. There is an
elaborate consultation procedure which we will not find in
the formal statutory law whereby the administration vets
possible sales with the appropriate committees. Members and
staff briefings are convened on proposed sales that are
controversial, and, contrary to what some may think, the
administration backs off and drops proposed sales, not just
this administration, but that has been the trend and the
practice.
So, it is incorrect, I think, to argue that we have no
role under the current process. The administration and the
Congress are in constant dialogue about arms transfers which
are conducted in accordance with the Arms Export Control
Act. The Congress significantly influences arms transfers in
direct and practical ways through the years beginning with
consultation on the Javits report. Critics of arms transfer
point to the fact that Congress has never enacted a
resolution of disapproval on arms sales. That is not a
correct measure. In fact, congressional passage of such a
resolution would represent a breakdown of the existing
process, not a measure of its success. The fact that we have
not passed a resolution then is evidence that in fact the
consultation process is working.
Now, I have gone on at length here because I think this
is a serious amendment with much merit. But the author of
this amendment is committed to the issue, and I commend her.
But for the reasons I stated, I cannot support it in its
current form, and I would urge a `no` vote for all of my
colleagues.
Mr. Chairman, I strongly urge a `no` vote.
Mr. ROHRABACHER. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, will wonders never cease, where my
colleague from Georgia and I are standing together on an
issue in this body?
Let me note that the cold war is over. I would not have
supported this amendment if it had been 10 years ago. I
believe that now is the time for us as a Nation to seriously
consider what our policies are around the world in a
different light than what we did 10 years ago during the
cold war.
This amendment puts Congress squarely in the decision
making process. My good friend, the gentleman from Nebraska
(Mr. Bereuter), just suggested there is a process that is
taking place right now, but it is just not codified. It is
not set down solid in legislation.
Well, I believe that now that the cold war is over we
can afford to take this decision making process about what
kind of countries that we will be dealing with, especially
arming to the teeth, what kind of countries we will be
selling our sophisticated weaponry to, is a decision in
which the Congress can play a legitimate and verifiable
role, and that we can be held accountable to our own people
for the moral basis of the decisions that are being made by
our Government in this area.
When the cold war was on, we left these decisions up to
the President of the United States, and I supported that,
because we were up against an enemy that wanted to destroy
our country. I was, as many of you know, a member of
President Reagan`s staff for 7 years. I felt it appropriate
that the President had the right to counter Soviet moves
that were aimed at putting us in a vulnerable situation to a
military threat, without necessarily having to come to
Congress and have the issue debated on for weeks.
We are not in that situation today. In fact, during the
cold war, human rights were secondary in many of the cases
in our dealings with foreign countries. In many cases, if we
were not dealing with such a hostile and horrible enemy as
the communists, we should have been ashamed of ourselves in
dealing with the tyrants we were dealing with. But just like
in the Second World War when we allied ourselves with
Stalin, we allied ourselves in the cold war against the
communists with some unsavory characters. That is no longer
the case. The cold war is over, and today human rights
should play a more important role in our decision making
process than it did when we were under attack. If a country
is crucial to our national security, even besides the fact
we are not in the cold war, this amendment provides us the
ability to say well, you may not be up to our democratic
standards, and indeed we want you to be more democratic and
respect human rights, but we will put you on an exception
list. You are acceptable because you are crucial to the
national security interests of the United States.
I would imagine we might debate countries like Saudi
Arabia, who I believe is crucial to the security of the
United States, and other kingdoms where people in those
countries are more inclined toward having a kingdom than a
democracy. That would be a legitimate decision we could
make. I have no doubt this Congress is capable to working
with the President to determine which nondemocratic
countries are crucial to our national security. This gives
the President in fact leverage even in those countries to
secure more human rights for their people, when now the
President cannot just say well, the Congress is forcing me
and thus have a dialog with these countries.
Now, I may, as I say, disagree with the proponents of
this amendment on many issues in terms of what countries we
are dealing with, but the principle is sound. Let me say
this in terms of the practicality. When Ronald Reagan became
President of the United States, we decided we were no longer
going to be just anti-Communist and support anti-Communist
regimes. I believe that was the turning point in the cold
war.
When Ronald Reagan made human rights and democracy the
issue against the Communists, when he turned away from just
supporting dictators who are anti-Communist but instead went
to the people of then the Soviet Union and other countries
under Communist domination and said we in the West do
believe in democracy and we are willing to support those
people who are struggling for freedom, and we established
the National Endowment for Democracy, that is when the cold
war turned around.
In the long run, that proved the downfall of communism.
It was the practical thing to do. In the short run, it gave
us some problems, because there were some anti-Communist
dictatorships which basically were on our side. This too
will be practical if we have guts enough to stand for our
principles.
The CHAIRMAN. The time of the gentleman from
California (Mr. Rohrabacher) has expired.
(On request of Mr. Burton of Indiana and by unanimous
consent, Mr. Rohrabacher was allowed to proceed for 1
additional minute.)
Mr. BURTON of Indiana. Mr. Chairman, will the
gentleman yield?
Mr. ROHRABACHER. I yield to the gentleman from
Indiana.
Mr. BURTON of Indiana. Mr. Chairman, the gentleman
made one salient point in his comments. He said during the
Reagan administration, in which he served, that the felt the
President should have this latitude, because of the critical
time problems that the President should not have to mess
around with Congress for 3 or 4 weeks when he might have to
make a quick decision.
What makes the gentleman think that will not happen at
some point in the future with some future President?
Mr. ROHRABACHER. Mr. Chairman, reclaiming my time,
the cold war is over. The fact is that today we should not
be operating under the same rules as when our country was
targeted by a very powerful enemy that meant to destroy us.
We now can afford to bring the moral questions into play,
and we should, the human rights questions, the democracy
questions. This is what America can stand for, and if we do,
we will have the allegiance of young people around the
world, rather than the fear of those young people of their
own regimes that might be armed by our people. That is the
way America should be. That is the strength. Abraham Lincoln
said, `Right makes might.`
Mr. FARR. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I rise in strong support of the
gentlewoman from Georgia`s amendment to H.R. 1561, the
McKinney Arms Code of Conduct. The Arms Code of Conduct is a
rational approach. It implements a coherent and
comprehensive arms control policy. This legislation would
prohibit U.S. military assistance and arms transfers to
foreign governments, unless the President certifies that the
foreign government adheres to a national code of conduct.
In order to be eligible for military assistance, the
gentlewoman`s amendment specifically requires that the
foreign government head be elected through a fair and free
elections process; that the country respect human rights and
not be engaged in any aggression which violates
international law; and must fully participate in the U.N.
Register of Conventional Arms.
The United States is the sole superpower in the world
and the world`s undisputed leader in arms exports. Today,
U.S. firms dominate more than 70 percent of the
international arms sale market, up from 57 percent in 1991.
According to the U.S. Arms Control and Disarmament Agency`s
1993-94 report, World Military Expenditures and Arms
Transfers, the United States sold $10.3 billion in arms
exports worldwide, compared to our closest competitor, which
is Great Britain, which racked up $4.3 billion in sales. In
1994 alone, the U.S. taxpayer paid more to subsidize weapons
sales than we paid for the Federal elementary and secondary
education programs.
Ninety percent of the significant ethnic and
territorial conflicts in the world in the last 2 years
involve one or more parties which had received some type of
U.S. weaponry or military technology in a period leading up
to the conflict. Additionally, in the war with Iraq there
were countless documented and verified instances where U.S.
troops faced the enemy who was armed with U.S. based
technology and weaponry.
Mr. Chairman, as the world`s leading exporter of
weaponry, the United States has an implicit responsibility
to provide global leadership on this issue by formulating a
policy of restraint. While the world`s arms market is a
lucrative venture, no country has been willing to take up
unilateral steps toward control, fearing loss of exports to
market competitors. Therefore, it is vital as the world`s
leading supplier, that the United States take responsibility
for initiating a comprehensive and a rational approach to
controlling arms sales, which will prevent repeat scenarios,
such as those that occurred in Iraq where United States
forces faced weapons supplied by the United States.
I urge my colleagues to support the adoption of the
McKinney Arms Code of Conduct amendment. This amendment is
supported by 103 cosponsors, Democrats and Republicans
alike, including the chair of the Senate Committee on
Appropriations. Approving this legislation will be one of
the most significant steps this body takes to enhance our
national foreign policy.
Mr. Chairman, I yield to the gentleman from Maryland
(Mr. Wynn).
Mr. WYNN. Mr. Chairman, I would like to thank the
gentleman for yielding.
Mr. Chairman, I also rise in support of the McKinney
amendment. I think it is a very responsible amendment. I
comment her for introducing it. Quite simply, it seems to me
in the absence of the cold war we have lost our way in terms
of foreign policy. Foreign policy is supposed to advance our
interests, our long-term interests, in the global community.
To do this, however, we cannot be passive. We have to have
some standards and objectives to pursue.
It seems to me our objective ought to be encouraging
diplomatic solutions around the world and discouraging
warfare and the use of weapons around the world. The
McKinney amendment represents sound policy advancing our
foreign policy interests, because it sets a specific
criteria on which we can evaluate arms sales. Democracy,
adherence to human rights, the absence of aggression, and
participation in the U.N. Registry of Conventional Arms, all
give us a sound basis on which to evaluate who we ought to
be selling arms to. It is correct policy because it gives us
leverage. It enables us to leverage those people who are
buying our arms in the direction that we wish them to go.
It is also good policy because it imposes moral values.
People throw that around. We ought to have moral values in
U.S. policy. Well, opposing human rights violations,
promoting democracy, and opposing aggression represents the
best of moral values.
I am not naive. There are certainly circumstances that
are exigent that will require changes in this policy. The
bill addresses that. It has a national security exception
which the President can utilize. It also has an emergency
waiver which the President can utilize. But it seems to me
we have got to quit being passive and reactionary and
understand what advancing our interests really means. I urge
adoption of the McKinney amendment.
Mr. SMITH of New Jersey. Mr. Chairman, I move to
strike the requisite number of words.
Mr. Chairman, today I rise in support of the code of
conduct amendment that is offered by my friend and
colleague, the gentlewoman from Georgia (Ms. McKinney). The
code of conduct will be the first major reform of U.S. arms
transfer policy in almost two decades.
The code of conduct highlights guiding principles on
human rights and democracy which I believe are important to
America`s leadership role in the post-cold-war era. This
amendment would help stem the flow of U.S. weapons to
countries that violate human rights of its citizenry and
fail to respect international human rights standards. The
code of conduct offers an avenue for America to make
violators of human rights accountable for their actions if
they wish to continue to receive U.S. arms sales.
Mr. Chairman, two-thirds of all the foreign military
sales went to countries described by the State Department
Country Reports on Human Rights Practices as human rights
violators, with undemocratic governments. The code of
conduct is supported by some 275 national organizations who
believe that human rights should play a key role in our arms
export policy.
Mr. Chairman, I will never forget some years back when
I made a trip to Croatia when it was under siege. The
gentleman from Virginia (Mr. Wolf) and I got into a place by
the name of Vukovar. Vukovar was surrounded by Serb
artillery and tanks. We went there to try to bear witness to
peace and to try to encourage the people there. We followed
it up with meetings with President Milosevic and others. But
I remember looking at shell casings and bomb casings that
littered the streets, dozens of bomb casings, and they were
U.S. made.
Now, some people can say `Oh, big deal. That doesn`t
really matter. We sell it to them and how they use it is
their business.` But it greatly distressed me to know that
people, innocent civilians, were being destroyed by the
dropping of these 500-pound bombs. I remember bringing that
issue to the attention of our National Security Adviser,
Brent Scowcroft. He surely agreed. He said, `Yeah, we sold
those bombs, and other kinds of military hardware to the
former Yugoslavia,` which had a disgusting human rights
record.
Now, I think we need to be more serious about who we
are willing to sell arms to. This code of conduct may not be
perfect. It may be liable to additional change as it makes
its way through conference, should it pass. There are
reasonable objections by reasonable people about what ought
to be a part of this, whether or not the national security
exemption is the best and most properly drawn way of
proceeding. But I think it makes a clear statement that it
will not be business as usual. Arms sales ought to be
conditioned and human rights ought to matter.
Unfortunately, we have had hearings in the Committee on
Human Rights, the Subcommittee on International Operations
and Human Rights which I chair, two human rights hearings.
Amnesty International came forward and told us in this
administration, the Clinton administration, human rights is
an island, disconnected from policy considerations.
We have seen it in a myriad of other issues like the
most-favored-nation status for China and other kinds of
human rights considerations. There is a disconnect. This
tries to, at least in the selling of arms, which kill
people, we try to make sure, the gentlewoman from Georgia
(Ms. McKinney) tries to make sure that, if we are going to
sell arms, that human rights is a significant factor.
I thank the gentlewoman for offering the amendment.
Mr. FALEOMAVAEGA. Mr. Chairman, I move to strike the
requisite number of words.
I rise to offer my strong support of the amendment
offered by my colleague and good friend the gentlewoman from
Georgia, (Ms. McKinney).
Mr. Chairman, I recall one of the fundamental concerns
raised by one of our great Presidents in our time - the late
President Dwight Eisenhower. Before leaving the White House
and in one of his speeches - President Eisenhower warned our
nation of the ever increasing power and influence of the
industrial military interests in our country.
Now don`t get me wrong - I want our military industry
complex to produce weapons and military equipment that meet
our national security interest too - but the question is how
much and to whom should we sell these weapons?
Mr. Chairman, everyone here in this Chamber knows that
our Nation is the largest producer and exporter of military
equipment and weapons of war. It is time that our national
leaders need to be more sensitive about exporting and
selling of weapons of war to kill and maim other human
beings.
Mr. Chairman, I commend the gentlewoman for introducing
this amendment, and I urge my colleagues to support this
amendment.
Mr. Chairman, I include for the Record the following
article: (FROM THE WASHINGTON POST, MAY 24, 1995)
ARMS SALES `CONDUCT CODE` OPPOSED - STATE DEPARTMENT SAYS
PROPOSAL COULD IMPINGE ON POLICY AND FRIENDLY NATIONS(BY R.
JEFFREY SMITH):
The Clinton administration declared yesterday that it
opposes a `code of conduct` drafted by some members of
Congress to block U.S. arms sales to countries that commit
human rights abuses or are not democratic.
At a Senate hearing, Under secretary of State Lynn E.
Davis criticized the proposed code on grounds that its rigid
criteria for arms sales would impinge on the
administration`s authority to decide foreign policy and
could force a cutoff of military aid to friendly nations in
regions important to U.S. interests.
The code, which is scheduled to come up for a vote on
the House floor today, was crafted by Sen. Mark O. Hatfield
(R-Ore.) and Rep. Cynthia McKinney (D-Ga.) to stanch
estimated annual sales or gifts of billions of dollars worth
of U.S. arms to countries that the sponsors claim are not
upholding important U.S. values. At the hearing, Hatfield
particularly criticized recent U.S. arms sales to Malaysia,
Indonesia and Turkey, which he said had each engaged in
recent human rights abuses.
The proposed code states that U.S. military assistance
and arms transfers should be provided only to nations with
governments chosen by free elections that protect basic
freedoms and are not engaged in `gross violations of
internationally recognized human rights.`
It also bars aid to nations engaged in illegal acts of
armed aggression and to nations that do not register their
arms transactions with the United Nations. The president
could waive these restrictions for any country, but only
with congressional approval.
The code has collected 102 sponsors in the House, but
last week it missed gaining the International Relations
Committee`s endorsement by a one-vote margin. Hatfield has
vowed to try to attach it to a foreign aid or defense
appropriations bill this year.
Davis told a Senate Appropriations subcommittee that
while the administration supports the `principles` expressed
by the code, it `simply cannot agree to this weighting of
criteria` for deciding on individual arms sales.
Instead, she said, the administration prefers its own
policy of selling arms based on `national security,` as
spelled out in flexible language approved by President
Clinton in February. Under this policy, Davis said, no
single criterion such as respect for human rights `takes
precedence over another.` Arms transfers can be made to
nondemocratic nations if they promote regional stability or
help prop up failing U.S. defense companies that produce key
military technologies.
Although McKinney has charged that 90 percent of the
$12.9 billion in U.S. arms sales approved last year went to
countries that Washington classifies as nondemocratic, Davis
said the `vast majority (went to) . . . allies, major
coalition partners, and European neutrals.`
Davis confirmed that the administration is considering
offering F-16 jet fighters to Indonesia, despite recent
evidence of fresh abuses by Indonesian military forces in
East Timor.
Assistant Secretary of State for Human Rights John
Shattuck, who appeared with Davis, said `we are paying close
attention to Indonesia`s human rights situation and will
take this into consideration` in deciding on such sales.
With regard to Turkey, he said `we are, as you know,
gravely concerned about the use of (U.S.-made) military
material, particularly cluster bombs` during Turkey`s
military assaults on Kurds in southeastern Turkey and
northern Iraq.
But Shattuck did not say whether the use of these arms
would affect future sales to Turkey, which he described as
`a crucial NATO ally.`
Lawrence J. Korb, an assistant secretary of defense in
the Reagan administration who is now at the Brookings
Institution, testified later that Turkey`s use of F-16s,
Black Hawk helicopters and M-60 tanks against the Kurds
indicated that many U.S. arms transferred overseas `are used
not against the foreign enemies of the U.S., but against the
indigenous populations.`
Mr. GILMAN. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I yield to the gentleman from Indiana
(Mr. Burton).
Mr. BURTON of Indiana. Mr. Chairman, I will not take
the whole 5 minutes. I would just like to put some facts on
the table. Right now under the Export Control Act, the
Congress of the United States can stop sales. In the past
when the President, any President, has started to go ahead
with arms sales and he found opposition was rising under the
Export Control Act that was passed by the Congress of the
United States, they have pulled in their horns and they have
renegotiated those sales deals with these foreign countries.
So we already have the authority in law to do what is being
talked about today. The only difference is we are turning
the process around. That hamstrings the President of the
United States in his conducting of foreign policy. That is a
mistake.
Ten years ago, the United States controlled only 15
percent of the arms sales. My colleagues who spoke on the
other side are absolutely right; we do control a large part
of arms sales today, but that is because the Soviet Union
has disintegrated. Ten years ago, they controlled 50 percent
of the arms sales worldwide, and they sold to countries like
Iraq, Iran, and Libya. We are not selling to those pariah
countries, but they did.
Now that they have fallen apart, our percentage of the
market has gone up, but we are still below, way below, where
we were 10 years ago. So while our percentage is higher, our
actual sales are lower. So the bottom line is this. Simply
put, we have the control in the Congress to stop any arms
sales that we want to under the Export Control Act. We do
not need this legislation. Second, we should not hamstring
the President of the United States in his conducting of
foreign policy. And third, the economic concerns that I
talked about awhile ago are real, because there are other
countries who will sell this equipment to foreign
governments if we do not. Along with those sales will go
American jobs.
I think those points should be considered by my
colleagues. We have the authority to deal with this problem
already. We do not need this amendment. I thank the
gentleman for yielding to me.
Mr. DURBIN. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I rise in support of this amendment
offered by the gentlewoman from Georgia. I can tell you that
in the course of my service in Congress, too often we have
seen instances where we have taken the scarce resources of
the United States, bought military weaponry, sent it to
corners of the world and then find not too much later that
it has been turned either on our country or on our allies.
These so-called boomerang sales are addressed directly
by the amendment offered by the gentlewoman from Georgia. I
think her amendment is a step in the right direction. I rise
in strong support.
Mr. Chairman, I yield to the gentlewoman from Georgia.
Ms. McKINNEY. Mr. Chairman, I would just like to
correct for the record some misstatements and
misrepresentations that have been made about this amendment.
First of all, this amendment does not ban arms sales to
any country. Second, if there is a problem with this
amendment in terms of human rights, it is not that this
amendment will fail because it does not address human rights
well enough; it will fail for other reasons.
Let me just begin to say what some of those reasons
are. One is that we are spending millions of dollars to
quell regional strife that we, in turn, are the fomenters
of. First of all, we are fomenting murder and rampage around
the world by fueling conflict, by arming potential
adversaries, that is the boomerang effect that my colleague
just spoke about, by promoting territorial expansion and
crossborder aggression and also by facilitating terrorism
and repression. And, in fact, as we learned recently, the
CIA funded Jihad school over in Afghanistan trained two of
the suspects in the World Trade Center bombing.
Second, we are violating our own law. The law states
that it shall be the policy of the United States to exert
leadership in the world community to bring about an
arrangement for reducing the international trade in
implements of war. We are violating our own policy.
And then finally, why is that the case? It is the case
because in the Washington Post story by Jeffrey Smith in
today`s newspaper, it says that the present administration
takes the tack that arms transfers can be made to
nondemocratic nations if they help to prop up failing U.S.
defense companies.
So the bottom line, once again, is the amount of money
that is being spent in failing U.S. defense industries.
Finally, I would just like to compliment and thank
those people who have worked so hard on behalf of this
amendment. They are the over 200 grassroots organizations
that have gone around the country in support of this
amendment, the strong support of our colleagues who have
spoken here this afternoon and who have cosponsored this
amendment, and finally the strong staff work of Robin
Sanders who put it all together.
Mr. DURBIN. Mr. Chairman, I thank the gentlewoman. I
want to echo her comments. It is a false economy for us to
believe that we are encouraging exports and creating
American jobs by these arms transfers and in questionable
situations, because, as the gentlewoman alludes to, many
times we find in the future even greater expenditures are
necessary because of this so-called boomerang effect. We
send guns to the wrong people. They turn on us. They shoot
at us and they shoot at our friends.
What the gentlewoman is trying to do is to minimize
that possibility. She has the strong support of so many
organizations, including the U.S. Catholic Conference and
others, and I hope my colleagues will take her amendment
very seriously and join me in supporting it.
Ms. FURSE. Mr. Chairman, I rise in support of the
Arms Trade Code of Conduct.
The House International Relations Committee nearly
passed this historic piece of legislation in its markup last
week, where it failed by a margin of just 18 to 17. A Gallup
Poll released in February found that only 15 percent of
those queried supported our Government selling military
equipment to other countries.
The European Union and the United States together sell
90 percent of the world`s weapons. No country has been
willing to take unilateral steps toward control, fearing it
will lose export markets to competitors. Therefore, it is
vital that as the world`s leading suppliers, the European
Union, and the United States work together to implement
restraint.
Fortunately, the European Parliament has started that
process already. In January of this year, the European
Parliament passed a resolution calling on the European Union
to immediately implement a coherent and comprehensive arms
export control policy at the Union level. A measure similar
to this amendment before us today is being considered by the
European Union at this time.
As the world`s leading exporter of weaponry, the United
States has a special responsibility to provide global
leadership in the area of restraint.
As to the issue of jobs in the United States, we must
weigh the limited economic benefits of expanding arms
exports against the larger costs to the economy as a whole.
Arms exports do nothing to address the fundamental problems
of lagging U.S. competitiveness in nonmilitary industries.
Furthermore, arms exports undermine peaceful conflict
resolution upon which world trade, economic growth, and
long-term job creation are based.
Administration policy states that the impact on defense
jobs must be taken into account when exports are considered.
Well, Mr. Chairman, I wish we would extend the same
consideration to the impact on the lives and well-being of
American service personnel. Our laissez-faire approach to
arms sales creates a self-generated danger - the possibility
that our service men and women will someday be fighting
nations or groups who obtained U.S. weapons and technology.
Even the Pentagon now officially acknowledges that it
faces the prospect of American weapons being used against
U.S. military personnel. In his latest Annual Report to the
President and Congress, Secretary of Defense Perry writes
that `threats encountered in major regional conflicts would
be standing armies of foreign powers, armed with mixes of
old and modern weapons systems. * * * Thus, U.S. forces must
be prepared to face a wide variety of systems, including
some previously produced in the United States.` With its
current policy, the United States is bolstering the war
fighting capabilities of a substantial number of those
fighting today`s conflicts. It does not take a stroke of
genius to realize that these capabilities can just as easily
be used against U.S. soldiers, sailors, and airmen.
It is a sad irony that the current U.S. arms trade
policy confirms the words of cartoonist Walt Kelly`s
character, Pogo, when he said, `We have met the enemy and it
is us.`
Mr. MARKEY. Mr. Chairman, I rise today in strong
support of the Code of Conduct on Arms Transfers and commend
my colleague from Georgia, Representative Cynthia McKinney,
for bringing this important legislation to the floor today.
Since 1990, the United States has been the top-selling
merchant in the international arms bazaar. We have dominated
the global arms market by sending billions and billions of
dollars worth of all types of weaponry to some of the
world`s worst human rights abusers and most corrupt and
repressive regimes. Sophisticated combat weapons exported
from the United States, such as armored personnel carriers,
antitank missiles, and specialized rifles, have found their
way into the hands of notorious international troublemakers
and fueled conflicts raging throughout the world.
Placing short-term economic interests above crucial
security concerns and fundamental human rights principles
has serious consequences, both for our stature as a world
leader and for the safety of U.S. military personnel engaged
around the world. By cashing in on profits from arms sales
abroad without closely scrutinizing potential customers
according to criteria like the ones outlined by
Representative McKinney, we risk incurring substantial
security and human costs. During the Gulf war and in
Somalia, for example, the safety of many of our men and
women in the Armed Forces was threatened by weaponry sold by
our own Government. Moreover, skyrocketing arms sales have
contributed to regional arms races, which in turn force us
to increase spending to deal with greater threats to our
national security.
As we continue to adjust to the realities of the post-cold-war world, we need to revise our philosophies
concerning foreign military sales. With the dissolution of
the Soviet Union, many of the principles which guided our
arms export policies in the past no longer are relevant. The
provisions of the Code of Conduct on Arms Transfers will
establish a sensible, much-needed framework for making
decisions about what we send abroad and to whom. The United
States should take a leadership role in forging new policies
and encouraging new thinking in this area.
Being the world`s No. 1 weapons supplier is a very
dubious distinction. As we approach the start of the 21st
century, we should re-evaluate the priorities which have
placed us in this category and look to the Code of Conduct
as a model.
Again, I would like to thank Representative McKinney
for all her hard work on behalf of this important issue. I
strongly support this initiative and urge my colleagues to
vote for the McKinney amendment.
The CHAIRMAN. The question is on the amendment
offered by the gentlewoman from Georgia (Ms. McKinney).
The question was taken; and the Chairman announced that
the noes appeared to have it.
Ms. McKINNEY. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered. The vote was taken by
electronic device. And there were---ayes 157, noes 262, not
voting 15, as follows: [SEE VOTE]
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