MAKING FURTHER CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2003--Continued -- (Senate - January 22, 2003)

   The PRESIDING OFFICER. The Senator from Wisconsin.

   AMENDMENT NO. 200

   Mr. FEINGOLD. Mr. President, I send an amendment to the desk.

   The PRESIDING OFFICER. The clerk will report.

   The legislative clerk read as follows:

   The Senator from Wisconsin (Mr. FEINGOLD) for himself, Mr. Leahy, Mr. Wyden, Mrs. Boxer, and Mr. Durbin, proposes an amendment numbered 200.

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

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

   The amendment is as follows:

(Purpose: To restrict funds made available for IMET assistance for Indonesian military personnel to ``Expanded International Military Education and Training'' assistance unless certain conditions are met)

    Before the period at the end of the undesignated paragraph under the heading ``International Military Education and Training'', insert the following: ``Provided further, That funds made available under this heading for Indonesian military personnel shall be available only for ``Expanded International Military Education and Training'' assistance, unless the President determines and reports to the appropriate congressional committees that the Government of Indonesia and the Indonesian Armed Forces are (1) demonstrating a commitment to assist United States efforts to combat international terrorism, including United States interdiction efforts against al-Qaida and other terrorist organizations, and taking effective measures to bring to justice those responsible for the October 13, 2002, terrorist attack on Bali, which killed United States citizens, and (2) taking effective measures, including cooperating with the Federal Bureau of Investigation, to bring to justice any member of the Indonesian Armed Forces or Indonesian militia group against whom there is credible evidence of involvement in the August 31, 2002, attack, which resulted in the deaths of United States citizens, and in other gross violations of human rights: Provided further, That nothing in the preceding proviso prohibits the United States from conducting ongoing contacts and training with the Indonesian Armed Forces, including sales of nonlethal defense articles, counterterrorism training, officer visits, port visits, educational exchanges, or Expanded International Military Educational and Training for military officers and civilians''.

   Mr. FEINGOLD. Mr. President, I ask that Senators LEAHY, WYDEN, BOXER, and DURBIN be added as cosponsors of this amendment.

   Mr. FEINGOLD. Mr. President, I rise today to offer a very simple amendment to this bill.

   This amendment restricts Indonesian participation in the International Military Education and Training program, or IMET, limiting that participation to Expanded-IMET only, until the President can determine that Indonesia is doing two things--demonstrating a commitment to assist U.S. efforts to combat terrorism and taking effective measures, including cooperating with the FBI, to bring to just those members of the Indonesian Armed Forces and militia groups against whom there is credible evidence of involvement in the August attack on American citizens.

   On August 31, 2002, two American schoolteachers and one Indonesian citizen who were working at an international school for the children of Freeport McMoRan's mine employees were killed, and eight more Americans were wounded when they were ambushed on a mountain road in Papua, Indonesia. Press reports indicate that Indonesian garrisons control all access to the remote road where the attack occurred. The attackers sprayed their targets with automatic weapons--weapons that would be rare to find in the hands of separatists in the area. Police reports indicated that the Indonesian military was very likely involved in the attack, but the investigation was then turned over to the military, which, not surprisingly, has proven unwilling to investigate itself, and unwilling to fully cooperate with the FBI. In November, the Washington Post reported that intelligence agencies had obtained information indicating that, prior to the ambush, senior Indonesian military officials discussed an operation targeting Freeport and intended to discredit Papuan separatists.

   The survivors of the attack, and the widows of the murdered, want their government to pressure the Indonesians to uncover the truth about the attack and to bring those responsible to justice. This Senate should support them.

   I want to be very clear about what this amendment does not do. It does not cut off military contacts with Indonesia. Rather, it explicitly states that nothing in the amendment shall prohibit important national security contacts and programs, including counter-terrorism training, sales on non-lethal defense articles, officer visits, port visits, participation in conferences, or educational exchanges. The amendment explicitly permits Indonesian civilians and military personnel to participate in the expanded-IMET program, which offers a wide range of courses highly relevant to the reform

   efforts so important to the future of the military in Indonesia's new democratic system.

   I believe that the United States should work with Indonesia to support such reforms, and should work within Indonesia and other states around the world in making the coalition against terrorism ever stronger.

   The October 12 terrorist attack in Bali made plain that international terrorism threatens Indonesia just as it threatens the rest of the world, and I am encouraged by the many positive steps that Indonesia has taken in the wake of that horrific event--steps to track down those responsible using solid law enforcement methods, and

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broader steps to acknowledge the reality of international terrorism's link to Indonesia. These efforts marked a welcome change from an initial reluctance in Jakarta to acknowledge the fact on the ground. More work remains ahead. The International Crisis Group recently published a powerful report on the Jamaah Islamiyah terrorist network, a group that is linked to dozens of attacks across Southeast Asia and that is believed by intelligence officials to be associated with al Qaeda. It is my hope that cooperation with Indonesia will continue to grow stronger.

   But I also believe that our relations with Indonesia and the Indonesian military cannot be characterized by a business-as-usual approach until they have made a commitment to cooperate in investigating the murder of American citizens. In late December, when American citizens were brutally murdered in Yemen, the White House spoke plainly, stating that ``it is our intention to bring to justice any and all people who were responsible for these murders.'' The White House was right to make that perfectly clear, and I take them at their word. And it is all the more important in the Indonesian case--where one of the institutions of the state may well be responsible for the murder of American citizens, where we find a long history abusive and extortionate military practices and an urgent need for military reform--it is all the more important, in this case, the U.S. make its intentions plain. We must be equally clear with the Indonesians, equally resolute in our commitment to get to the bottom of the murders in Papua. I hope that my colleagues will join me in this effort, and support this amendment.

   Mr. LEAHY. Mr. President, I strongly support this amendment. It addresses a problem that has been a concern of mine for years, which is the involvement of the Indonesian military in deliberate attacks against American citizens.

   I fully appreciate that Indonesia is an important country with an elected president. We want to support Indonesia in every way we can, and we are doing so. The foreign operations portion of this omnibus appropriations bill provides $150,000,000 in economic assistance for Indonesia, a significant increase above the amount requested by the President.

   We are also supporting the Indonesian military. Our armed forces are engaging with the Indonesian military at all levels, including providing them millions of dollars in antiterrorism training assistance.

   So no one should be under any illusion that we are not engaging with the Indonesian military or that we are not working with them to thwart international terrorism. We are training them and we are working with them.

   We are doing that despite the fact--and this is widely known--that the Indonesian military was responsible for creating and arming some of the most radical Muslim terrorist groups in that country.

   But that is not what this amendment is about. This amendment focuses on a separate, $400,000 military training program, which was suspended in 1999 after senior Indonesian military officers orchestrated the massacre of some 1,000 people in East Timor, and then lied about it.

   It was criminal, it was shameful, and it was universally condemned.

   At that time, we, the Congress, said that we would resume that IMET training program when the Indonesian military took steps to bring to justice those responsible. Was that too much to ask? No one thought so at the time. Not here, not in the Pentagon.

   There has been no justice. In fact, the Indonesian military has flagrantly obstructed justice, intimidating, judges and threatening witnesses.

   But even worse, there is credible evidence that 5 months ago--last August--the Indonesian military purposefully singled out American citizens for assassination. That they planned an attack which left two American teachers dead and several others wounded. Since the, they have actively tried to obstruct the police investigation of the crime.

   We all agree that Indonesia is an important country, and that we need to work with the Indonesian government to

   combat international terrorism, and on other issues. We are doing that. But should we not at least expect the Indonesian military to cooperate with the investigation of the murders of American citizens.

   Is that too much to ask? It is not about the money. The amount of money is insignificant. It is about the message it sends. This amendment says that before we resume this tiny military training program, the deaths of Americans need to be investigated and the people involved brought to justice.

   If the military had not actively obstructed the investigation, this amendment would not be necessary. There is even evidence that an army officer shot at a police investigator, and that a police vehicle was attacked. Only after months of refusals and obfuscation, have they finally agreed to let the FBI assist in the investigation, and we do not yet know what access to witnesses or other evidence the FBI will have.

   This amendment does not cut off anti-terrorism training and it does not cut off the IMET program. In fact, it reinstates the IMET program. There should be no confusion about that. The Feingold amendment reinstates the IMET program. But not for combat training--not until they meet the conditions in the amendment.

   It is a timely and reasonable amendment. It is a simple amendment. It is a victims rights amendment.

   Mr. FEINGOLD. I yield the remainder of my time.

   Mr. SESSIONS. Mr. President, I yield back time in opposition to this amendment.

   The PRESIDING OFFICER. All time is yielded back.

   Mr. FEINGOLD. Mr. President, it is my understanding we will be allotted a moment to summarize prior to the vote on the amendment tomorrow.

   The PRESIDING OFFICER. There is no order to that effect at this time.

   Mr. FEINGOLD. I ask the minority whip, what is the intention?

   Mr. REID. Mr. President, Senator Stevens and Senator Byrd, the two managers of the bill and all these amendments, have allowed the participants to have a minute on each side. I am sure that will happen tomorrow.

MAKING FURTHER CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2003 -- (Senate - January 23, 2003)

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   The PRESIDING OFFICER. Under the previous order, the Senate will now resume consideration of H.J. Res. 2, which the clerk will report.

   The assistant legislative clerk read as follows:

   A joint resolution (H.J. Res. 2) making further continuing appropriations for the fiscal year 2003, and for other purposes.

   Pending:

   Feingold Amendment No. 200, to restrict funds made available for IMET assistance for Indonesian military personnel to ``Expanded International Military Education and Training'' assistance unless certain conditions are met.

   Mikulski Amendment No. 61, to prohibit funds to be used to establish, apply, or enforce certain goals relating to Federal employees and public-private competitions or workforce conversions.

   Murray Amendment No. 39, to provide funding for the community access program.

   Mr. STEVENS. 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. BOND. 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. 200

   Mr. BOND. Mr. President, I rise today in strong opposition to the Feingold amendment. The Feingold amendment, as my colleagues probably know, deals with Indonesia and makes not too subtle suggestions about evil doings and suggests that we can only work with them in certain circumstances. As one who has traveled frequently to that region, I am very much disturbed by the intent and the apparent direction of this amendment.

   It is very clear to the Government of Indonesia and its people that there is a legitimate terrorism threat in that country today. The tragic bombing in Bali, a major international tourist destination and the source of essential revenue in the country, brought the reality of terrorism squarely on the heads of the Indonesian Government. This is a country which, if superimposed geographically on the United States, would extend from San Francisco to Bermuda. It is the fourth largest country in the world, with the largest Muslim population in the world. It is also, unfortunately, home to many elements of al-Qaida and Jamaah Islamiyah, another Islamic terrorist group.

   The tragic bombing in Bali, with almost 300 people killed, has brought home to that country the real threat of terrorism, and they are taking that threat seriously.

   I have talked with our resources in the area, our embassies. I have talked with neighboring countries that are very much concerned about the future of Indonesia. We believe

   they are performing a credible and thorough investigation of the bombing. Arrests have been made. But the investigation continues and the Government is committed to arresting all those involved.

   Indonesia is a majority Muslim nation. Many of its citizens, regrettably, hear continually from extreme elements within the country that the United States is targeting Muslims and is anti-Islam. This creates a very difficult political climate for the country's moderate Muslim President. She is one who has visited this country. I have met with her on a number of occasions, and I know she understands the importance of our relationship and the importance of their efforts against terrorism.

   The country is making an effort now to investigate the terrorists who committed the bombing, to control the terrorism problem, and to strengthen the military.

   I ask, Is this the best we can offer in the Senate to encourage cooperation between the two countries, to pursue a warmed-over agenda, to embarrass the military because some activist groups are not satisfied with the results of the tribunals that investigated the outrages in East Timor?

   This is a time when we in the United States have to be serious about our relationship with moderate Muslim nations. We need to support the people within these countries who are resisting the extremists. It is a tremendous challenge for them to stand up to extreme voices. We should be supportive. We ought not to be sticking a finger in their eye. We ought not to be gratuitously slapping them in the face.

   In the case of Indonesia, we should encourage strengthening those institutions which the Government will rely on to investigate terrorism, apprehend terrorists, and prevent further attacks. In Indonesia, the only institution with that capacity is the military.

   I have talked with our Secretary of State and our Secretary of Defense, and I have asked them what we can do to improve our relations with Indonesia to assure they have the strength to resist terrorism and to provide their share of the role in the international battle against terrorism.

   What they have said, quite frankly, to bipartisan groups in front of them is to stop congressional interference and slurs on the Indonesia military. Unfortunately, rather than moving in a sensible direction to encourage military-to-military contact, to take actions to raise the standards of their military to levels we are comfortable with and to promote relationships between officers, we would, by adopting this measure, pursue a course that insults the people, strains relations, and will aid the extremist elements in their efforts to demonize the United States.

   This may be presented as a harmless amendment, one that can be satisfied easily by us and the Indonesians, but those people are our friends. Our allies in Southeast Asia take note of what we do; they hear our message. What we pass is loud, and it is clear; it resonates. It is not only a bad idea, it is dangerous.

   We need to stand up and support our friends, especially in these challenging times. As I have met with friendly nations in Southeast Asia, they have been dumbfounded that we continue to insult, denigrate, and downgrade Indonesia. We should be supporting them.

   This amendment is not grounded in legitimate policy concerns but, rather, in an ongoing interest by some to refight the East Timor battle year in and year out, despite the fact that East Timor is now an independent country. It is hollow all the way through.

   I urge my colleagues to join with me in defeating this amendment, to send the message that we will support moderate Islam countries, struggling democracies trying to fight terrorism.

   I thank the managers and yield the floor.

   The PRESIDING OFFICER. The Senator from Alaska.

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   Mr. STEVENS. Mr. President, in the interest of fairness, although I do agree with my friend from Missouri, I ask unanimous consent that the sponsor of the amendment, Senator Feingold, have 5 minutes when he appears.

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

   Mr. STEVENS. 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. STEVENS. 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. STEVENS. I see Senator Feingold is on the floor. I did make arrangements for Senator Feingold to have an extra 5 minutes, and I call that to his attention. Senator Bond has just spoken on the Feingold amendment. There are 5 minutes for Senator Feingold to speak, if he wishes to do so.

   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. STEVENS. 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 Senator from Nevada.

   Mr. REID. Mr. President, I have conferred with the manager of the bill on what the Democrats would like to do in offering their amendments. I understand there will be Republican amendments interspersed. Our first amendment with Senator Kennedy, there has been a 30-minute time agreement on that; that has been agreed to. I ask unanimous consent that that be approved. Senator Clinton, amendment No. 89, a time agreement of 30 minutes, evenly divided; Senator Bingaman, amendment No. 138, I have no time agreement on that; Senator Cantwell, amendment No. 108, a 30-minute time agreement; Senator Nelson, amendment No. 178, a 10-minute time agreement equally divided; Senator Corzine, amendment No. 233, I have no time agreement on that.

   The PRESIDING OFFICER. Is there objection?

   Mr. STEVENS. Reserving the right to object, Mr. President, I agree we should set this order. We are still working on it. We hope we will have a chance to have an amendment on one side and then the other. I will come later and try to intersperse these with amendments from our side of the aisle when they are identified.

   Mr. REID. The only thing I would ask, Mr. President, is that there would be no amendments except as I have already talked about to the manager of the bill. The Nelson amendment----

   Mr. STEVENS. Mr. President, I will have to reserve, I think, on one or more of those. There may be a second-degree amendment. I don't have any problem with the order, but I will come back.

   Mr. REID. Then eliminate the time on the amendment. I ask that the--

   Mr. STEVENS. That is fair. We will set the order and agree on the time; and if there is an amendment, if there is any identified, at the present time, Senators are willing to set the order with that understanding.

   Mr. REID. Should we eliminate the time though?

   Mr. STEVENS. Yes.

   Mr. REID. Why don't we have the time applicable unless you decide to offer a second-degree.

   Mr. STEVENS. Very well, I don't have any problem with that. But I do want to reserve the right to schedule amendments from this side in between if Senators wish to offer amendments in this period of time.

   Mr. REID. I did mention that.

   The PRESIDING OFFICER. Is there objection?

   Without objection, it is so ordered.

   Mr. STEVENS. For the information of Senators, as I indicated last evening, we will have a series of amendments that we will offer in small groupings very soon. I believe we will have some amendments identified on our side of the aisle as soon as this first vote will begin. It is my understanding that the vote on Senator Feingold's amendment will commence at 11.

   The PRESIDING OFFICER. The Senator is correct.

   Mr. STEVENS. Is the Senator ready to start now?

   The PRESIDING OFFICER (Mr. BURNS). The Senator from Wisconsin.

   Mr. FEINGOLD. My understanding is that I am to be allotted 5 minutes in response to Senator Bond's comments on my amendment.

   Mr. STEVENS. That was my request.

   The PRESIDING OFFICER. The Senator is correct.

   Mr. FEINGOLD. I thank the Chair and I thank the managers for their fairness in light of the fact that we were going to have a minute on each side. I appreciate the understanding that I do want to respond to Senator Bond's remarks.

   Senator Bond apparently has not actually read what my amendment does with regard to the Indonesian military and the IMET Program. Obviously, there is a terrorism threat in Indonesia today, as Senator Bond indicated. That is one of the conditions this amendment is all about. It is about making sure that Indonesia cooperates with us in fighting terrorist attacks, such as the ones that were so awfully perpetrated on the people in Bali.

   What is even more troubling about Senator Bond's remarks is that he doesn't even mention the fact that apparently the Indonesian military was involved in an incident in Papua which killed American citizens.

   Are we only going to be upset when American citizens are killed in Yemen and Kuwait or are we going to respond and expect standards of help and behavior from countries when our citizens are killed in a place such as Indonesia?

   All this amendment does is try to make sure, as we continue our relationship with Indonesia--yes, a fledgling democracy--that we actually have accountability of that Indonesian military with which we would be involved. I am very troubled when we see the failure of cooperation with the FBI's reasonable request to deal with this awful murder of our citizens. We need a message to be sent clearly to the Indonesian Government, and in particular to the Indonesian military, that as the FBI returns to try to do this investigation again, we will get cooperation.

   The whole point here is not that we are trying to cut off military help and assistance; it is that there have to be two preconditions to make sure it is a legitimate enterprise in which to be involved. One is that the Indonesian Government and military has to help us in dealing with terrorism; secondly, they need to help us get to the bottom of this awful massacre that occurred.

   If Senators don't believe me, I refer them to the letter of Patricia Lynn Spier of Colorado, whose husband was brutally murdered in this incident. Ask her and the other families whether they think it is appropriate for the Indonesian military to investigate itself with regard to this incident or whether they should cooperate with the FBI.

   Despite the attempt to distort what this amendment is about, my amendment is simple. Until the President determines that Indonesia is committed to fighting terrorism and committed to cooperating and investigating the murder of American citizens, my amendment would deny Indonesia access to IMET, though it would--I emphasize this to the Senator from Missouri--permit access to expanded IMET courses that are relevant to military reforms. So, yes, we want to promote a good relationship with the military in Indonesia, if these preconditions are met. We are going to continue counter-terrorism training, expanded IMET sales of nonlethal defense articles, officer visits, educational exchanges, and port visits. We are not cutting off these items.

   Mr. BOND. Mr. President, will the Senator yield?

   Mr. FEINGOLD. I have the floor, Mr. President.

   Let's be clear, because the Senator from Missouri did not mention this. Last August, two Americans were killed and eight were wounded in an ambush in West Papua, Indonesia. Indonesia's police investigated, and their report concluded that the Indonesian military was very likely responsible for the deaths of these Americans. When the investigation was turned over to the Indonesian military, it exonerated itself and it failed to fully cooperate not only with the Indonesian authorities but with our own FBI.

   Some may say this amendment cuts off ties to the Indonesian military

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when we need a strong coalition to fight terrorism. But nothing in my amendment will prohibit important national security programs, including counterterrorism training. Why would we hesitate? Why would we hesitate to condition one element--only one element--of our relationship with the Indonesian military on a demand that we simply get to the bottom of this incident? Real partners in the fight against terrorism do not murder American citizens and do not conspire to cover up such murders.

   Mr. President, I reserve the remainder of my time.

   Mr. BOND. Will the Senator yield for a question?

   The PRESIDING OFFICER. Who yields time?

   Mr. FEINGOLD. How much time do I have?

   The PRESIDING OFFICER. The Senator has 24 seconds.

   Mr. FEINGOLD. I yield to the Senator for a question.

   Mr. BOND. Mr. President, I am not speaking on the time on this side. I ask my colleague from Wisconsin if he has visited the area, if he has talked with our officials in the region, if he has talked with the people in governments who support us and who support Indonesia. Has he had the opportunity to find out what the impact of this amendment would be?

   Mr. FEINGOLD. I have had daily contact with a wide variety of individuals we are concerned with, including some the Senator mentioned. I have been involved in this issue of Indonesia and East Timor for 10 years, since I have been a Member of the Senate and a member of the Subcommittee on Asia. I think I have a right to speak on this as much as the Senator from Missouri. When it comes to the deaths of American citizens, they should be cooperating with the FBI.

   The PRESIDING OFFICER. The Senator's time has expired.

   Who yields time?

   Mr. McCONNELL. Mr. President, this is exactly the wrong time to be taking away IMET from the Indonesian military. For 10 years they were prohibited from having the kind of military-to-military relationship with us that helps upgrade their military and teach them about human rights and to do the right thing regarding their own people. It took a long time to get IMET restored, and the leader of that effort was Senator Inouye of Hawaii--that bipartisan effort to get IMET restored. Now we would take a step in the wrong direction.

   (At the request of Mr. MCCONNELL, the following statement was ordered to be printed in the RECORD.)

    Mr. INOUYE. Mr. President, I want to convey to my colleagues my opposition to this amendment. During the markup of the foreign operations bill by the full Appropriations Committee, I offered an amendment to restore full International Military Education and Training to Indonesia. I believe full participation in this important program is essential to maintain our partnership with Indonesia in our global fight against terrorism. The restriction on the participation of Indonesia proposed by my colleague from Wisconsin will harm our relationship and impede our fight against terrorism in one of the front-line countries of this fight. I urge my colleagues to oppose this amendment. The Feingold amendment will send a message to the Indonesians that although we ask for their cooperation in our fight against international terrorism, we will not provide them with the training and tools necessary for that fight and view their country as not worthy of full participation in our international assistance programs. I do not believe this is the message we want to send to one of our critical allies. It is in our national interest to have a stable and democratic Indonesia and that their military is accountable and professional. We can work toward these goals through the participation of Indonesia's military in our IMET program.

   Once again, I urge my colleagues to oppose the pending amendment.

   Mr. President, I ask that a copy of the statement I made when I offered my amendment before the Appropriations Committee be printed in the RECORD.

   The statement follows.

   Introduction of the Amendment to Restore IMET to Indonesia

   Mr. Chairman, together with my colleagues the senior Senators from Alaska, Kentucky, and Missouri, I offer an amendment to restore full International Military Education and Training (IMET) program participation to Indonesia.

   In April, Senators Stevens and I traveled to Asia. We visited Indonesia where they had just brought into custody a Muslim cleric who was quoted as having said, ``Osama bin Laden is a lightweight.'' Indonesia has the world's largest Muslim population and has only recently embraced democratic principles. We must engage and support this fledgling democracy by supporting reform of the military and helping to build capacity to control and support modern, professional armed forces. We believe that full access to IMET programs will foster the necessary changes.

   We also believe that the continued restriction on IMET program participation of Indonesia sends a message to the Indonesians. It is a message that they are second class international citizens, unworthy of full participation in our international assistance programs. Is this the message we want to send?

   I appreciate that this bill provides $400,000 for Expanded (IMET (E-IMET) programs in Indonesia. However, the training provided under E-IMER focuses on administration of the armed forces and the dissemination of international human rights information through the use of Mobile Education Teams that are sent in country. The E-IMET program does provide valuable skills in defense resource management and military justice, but Indonesia needs to focus on professionalizing the military. This can only be accomplished through our assistance via the full IMET program.

   I IMET program training is provided to all levels of the military, from generals to enlisted personnel. This training, much of which is provided in the United States, builds invaluable connections between the United States and foreign nations that provide long-term benefits. The Department of Defense conducts a variety of activities for foreign military and civilian officials. Formal instruction is offered involving more than 2,000 courses taught at approximately 150 military schools and installations. The program is based upon the premise that active promoting of democratic values is one of the most effective means available for achieving U.S. national security and foreign policy objectives and for fostering peaceful relationships among the nations of the world.

   I understand that Senator Leahy views IMET as a reward and does not believe it should be afforded to the TNI in light of past abuses and failure to achieve the accountability benchmarks set in last year's Foreign Operations Appropriations bill. This is not a reward. IMET is a vehicle to help TNI achieve those benchmarks. Indonesia has made some progress toward meeting the Leahy conditions, but without recognition of and response to what has been accomplished to date, we will only bolster the arguments of those in Indonesia opposed to reform who believe it is worthless to try to please the United States since we are unwilling to recognize their progress.

   There are few countries in the world with democratic governments where the rule of law is as firmly established as in the United States. That cannot be our litmus test for provision of assistance. Providing the requested assistance to Indonesia would not be an exception to a well-established rule. Our nation assists countries that are obviously not democracies. Why do we do this? Because, it is in our national interest. Were we helping a democracy when we embarked on Operation Dessert Storm and put up our fortune and our most precious resource, the lives of our soldiers? No, we were not, but we were acting in our national interest.

   It is in our national interest to have a stable and democratic Indonesia. It is in our national interest that Indonesia develops internal capabilities to address international terrorism. It is in our national interest that Indonesia's military is professional and accountable. We can work toward these goals through the participation of Indonesia's military in our IMET program.

   Please be assured that I do not advocate lifting the prohibition on the participation of Indonesia in the Foreign Military Financing program. I believe a strong professional and accountable TNI must be established before Indonesia's participation in that program is renewed. However, I believe participation in the full IMET program is vital to reaching that goal, and I ask my colleagues to support this amendment.

   Mr. BIDEN. Mr. President, I rise today to express my deep concern about a deadly attack that occurred last August in West Papua, Indonesia, and to call on the Government of Indonesia to cooperate fully with U.S. law enforcement authorities to ensure that those responsible are brought to justice.

   Ted Burgon of Oregon and Rick Spier of Colorado were gunned down along with an Indonesian, Bambang Riwanto. Eight Americans were injured: Nancy Burgon, Saundra Hopkins, Ken Balk, and Taia Hopkins, all of Oregon, Patsy Spier of Colorado, Francine Goodfriend of Illinois, Steven Emma of Florida, and Lynn Poston, of Washington State.

   The victims, school teachers from the International School and their

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families, were associated with the Freeport-McMoran mine in West Papua.

   I speak to this issue because the bill before us restores funding for International Military Education and Training programs for Indonesia. Before we do that, I think we need some answers.

   Mr. President, there is troubling evidence that members of the Indonesian military may have been behind the attack. It occurred less than half a mile from an Indonesian military outpost.

   Hundreds of rounds were fired at the teachers and their vehicles during the ambush, which lasted 45 minutes, but the military was very slow to respond and failed to apprehend any of the assailants.

   The Indonesian police promptly began an investigation. They collected evidence, interviewed witnesses, and reconstructed the ambush. The senior police official in charge said last December that there is evidence that soldiers from the army's strategic reserve force were involved in the shooting. This same senior police official also reported last November that a witness to the ambush reported seeing members of the Indonesian army's special forces participating in the attack.

   The motive? The Army may have hoped to blame the murders on West Papuan rebels who have been fighting a low level insurgency for years seeking independence from Indonesia.

   Bottom line: The police report on the murders concludes, quote: ``there is a strong possibility that the case was perpetrated by members of the Indonesian National Army Force, however, it still needs to be investigated further.''

   Well, guess what happened? After they pointed the finger at the military, the two senior police officials on the case, General Raziman and Assistant Senior Police Commissioner Sumarjiyo were mysteriously transferred, removed from all responsibility for investigating the murders.

   The investigation was handed over to the Indonesian military itself! Not surprisingly, the military concluded that the armed forces had nothing to do with the killings.

   Mr. President, this is the same military that denied all culpability for gross violations of human rights over 25 years in East Timor and Aceh. The same military that has armed, trained, and protected militant Islamic groups associated with grotesque, religiously motivated attacks on innocent civilians elsewhere in Indonesia.

   Mr. President, it is essential that the United States secure the full support of Indonesia--a nation of 200 million people, most of them Muslims--in the war on terrorism.

   Indonesia itself has been the target of terrorists, as we witnessed last year in the terrible bombing on Bali that left hundreds dead and injured, many of them Australian tourists.

   It is appropriate that in the wake of 9/11, the United States has sought ways to strengthen our ties to Indonesia, including considering the resumption of normal military training for the Indonesian Army. Civilian authorities in Jakarta and some officers within the military are trying to end the culture of impunity that has prevailed for the past 30 years. I think it is in our national interests to establish appropriate links to the Indonesian armed forces to improve their professionalism, enhance intelligence sharing, and help prevent future terrorist attacks in Indonesia or elsewhere.

   But that does not mean we should turn a blind eye to continuing abuses by the Indonesian Army.

   We will not be doing ourselves or the Indonesian people any favors if we ally ourselves with those who may themselves be responsible for criminal acts.

   Before we jump to restore IMET funding for Indonesia, I hope that President Bush will give us his assurance that we are getting the full cooperation of Indonesian authorities. The FBI should have full access to all the evidence and to the witnesses to the attack. An independent investigation should be launched of the possible Indonesian military involvement.

   These are American citizens we are talking about. Victims, perhaps, of a cynical effort to manipulate United States public opinion and convince our government to increase aid to the Indonesian armed forces as part of the war on terrorism. We need to get to the bottom of what happened.

   Mr. MCCONNELL. Mr. President, I ask unanimous consent that a letter from the State Department opposing this amendment be printed in the RECORD.

   There being no objection, the material was ordered to be printed in the RECORD, as follows:

   U.S. Department of State, Assistant Secretary of State for Legislative Affairs,

   Washington, DC, January 22, 2003.
Hon. MITCH MCCONNELL,
Chairman, Subcommittee on Foreign Operations, Committee on Appropriations, U.S. Senate.

   DEAR MR. CHAIRMAN: I am writing to express concern about the proposed amendment to the FY 03 omnibus appropriation bill by Senator Feingold that restricts IMET to Indonesia. The Department of State opposes this amendment, which would damage important U.S. foreign policy interests in Indonesia.

   The amendment in question would limit Indonesian military personnel to participation in the Expanded IMET program only, absent a presidential determination ``that the Government of Indonesia and the Indonesian Armed Forces are (1) demonstrating a commitment to assist United States efforts to combat international terrorism, including United States interdiction efforts against al-Qaida and other terrorist organizations, and taking effective measures to bring to justice those responsible for the October 13, 2002 terrorist attack on Bali, which killed U.S. citizens, and (2) taking effective measures, including cooperating with the Federal Bureau of Investigation, to bring to justice any member of the Indonesian Armed Forces or Indonesian militia group against whom there is credible evidence of involvement in the August 31, 2002 attack which resulted in the deaths of United States citizens, and in other gross violations of human rights.''

   We share Senator Feingold's concerns on both points and have been working actively with the Indonesian Government on them. Indonesia is engaged in the war against terrorism--including a new police counter-terrorism unit that we are helping to establish. Indonesia authorities are investigating and prosecuting terrorists, including members of the al-Qaida affiliated Jemaah Islamiyah (JI), while not sacrificing newly-gained democratic freedoms. In the extremely professional Bali bombing investigation, Indonesian National Police investigators have detained over 30 supects to date, and are cooperating with regional ASEAN neighbors to uncover possible links to international terrorism. The Bali investigation process has also seen good cooperation between the Indonesian National Police and counterparts from the Australian Federal Police, the FBI, and Scotland Yard. It is also important to note that the Indonesian Police, not the Indonesian Armed Forces, have the lead responsibility in this and in other terrorist investigations.

   The killing of American citizens in Papua is a matter of gravest importance to us. The President has directed that we emphasize to the Government of Indonesia that there must be a credible investigation and process of justice to avoid damage to our entire bilateral relationship. We have done so at the highest levels. In response to our repeated demarches, the Indonesian Government has agreed to a new investigation of this crime to include FBI participation. FBI agents will arrive in Indonesia on January 22 to explore the terms of their participation in the investigation.

   We have requested that $400,000 in FY03 IMET be provided for Indonesia. If approved by Congress, this will be the first time in a decade that we will have the ability to use IMET as a tool to pursue our national objectives in Indonesia. These objectives include strengthening Indonesian cooperation in the war on terrorism, as well as supporting the democratic transition in, and the territorial integrity of, Indonesia. IMET assists these objectives by providing us with access to the Indonesian Armed Forces, which remains among the most prominent national institutions in Indonesia. IMET also provides a vehicle for the United States to impart our ideas about civil-military relations to foreign military audiences, and to promote military reform.

   We ask that Congress proceed with its consideration of the Administration's IMET request. The goals of the proposed amendment by Senator Feingold are worthy and we share them. But, they are now, and will remain, works in progress for some time to come, not settled issues. In the interim, if Congress approves our request, we will not obligate these IMET funds without further consultation with Congress.

   We hope that this information assists you in your consideration of this amendment. Please contact us if you have any questions.

   Sincerely,

   Paul V. Kelly,
Assistant Secretary.

   Mr. MCCONNELL. Mr. President, let me sum it up. The Bali bombing underscores that when it come to terrorism, Indonesia is at ground zero, right there in the middle of it. They are on our side. This amendment should be roundly defeated.

   Mr. ALLARD. Mr. President, with much reservation, I rise today in support of the Feingold amendment. On

[Page: S1383]
August 31, 2002 several Americans in West Papua--Indonesia were brutally attacked by heavily armed assailants. Two Americans--Rick Spier and Ted Burgon--were murdered during the 35 minute ambush and many others were seriously wounded.

   Last week, I met with Rick Spier's wife, Mrs. Patsy Spier, who was also shot three times during the attack. She described with much emotion the circumstances of the attack and the horrific result. I was saddened by her loss and angered by the Indonesian Government's failure to bring the perpetrators to justice. Following my meeting with Mrs. Spier, I contacted the Department of States and later received a detailed briefing from Deputy Assistant Secretary Matthew Daley. I also contacted the Federal Bureau of Investigation and expressed my interest in meeting the agents charged with investigation this case upon their return from Indonesia.

   Following these meetings, I wrote to President Bush to express my strong views about this matter. I urged the President to press the Indonesian Government to conduct a comprehensive investigation into the attack. I further wrote that if the Indonesian Government fails to act, a severe diplomatic response, including the suspension of funding for the International Military Education Training Program for Indonesia, should be considered. I ask unanimous consent to have printed in the Record at the conclusion of my remarks my letter of January 16 to President Bush.

   The PRESIDING OFFICER. Without objection, it is as ordered.

   (See exhibit 1).

   Mr. ALLARD. I am pleased that Senator MITCH MCCONNELL, Chairman of the Foreign Operations Subcommittee, has included strong report language on Indonesia. As I noted in a colloquy with Senator MCCONNELL, the references in the report language to the Americans murdered in West Papua and the demands that justice be served for these crimes were warranted and much appreciated.

   The amendment before us would limit Indonesian military personnel to participation in the IMET program only, absent a presidential determination that the Indonesian government and armed forces are ``demonstrating a commitment to assist United States efforts to combat international terrorism'' and ``taking effective measures, including cooperating with the Federal Bureau of Investigation, to bring to justice any member of the Indonesian Armed Forces or Indonesian militia'' whom might be involved in the August 31 killings.

   I understand that the Department of State opposes this amendment, which it believes would damage important U.S. foreign policy interest in Indonesia. In a letter sent to Senator MCCONNELL, Assistant Secretary of State James Kelly wrote:

   ..... the President has directed that we [the Department of State] emphasize to the Government of Indonesia that there must be a credible investigation and process of justice to avoid damage in our entire bilateral relationship.

   He further wrote:

   In response to our repeated demarches, the Indonesian government has agreed to a new investigation of this crime to include FBI participation. FBI agents will arrive in Indonesia on January 22 to explore the terms of their participation in the investigation.

   While I applaud the administration for its involvement in this issue and am encouraged by Indonesia Government's agreement to conduct a new investigation, I strongly believe that the murder of innocent Americans is unacceptable and demands serious action on our part. We cannot be seen as rewarding the Indonesian government for covering up the killing of Americans. Such an action would set a frightful precedent and give other nations the impression that the murder of Americans would not warrant a serious response on the part of the United States. Clearly, the IMET funding in this bill sends the wrong signal at the wrong time. Therefore, despite serious reservations, I will vote in support of the Feingold amendment.

   Like many of my colleagues here in the Senate, I will continue to monitor this situation very closely, and should the Indonesian Government conduct a full and fair investigation, I will consider supporting new funding for Indonesia in the future.

   Exhibit 1

   U.S. SENATE,

   Washington, DC, January 16, 2003.
Hon. GEORGE W. BUSH,
President, the White House,
Washington, DC.

   DEAR PRESIDENT BUSH: I am writing to express my growing concern about the lagging investigation into the August 31, 2002 attack on several Americans in West Papau, Indonesia. Three people were killed, including two Americans, during the attack, and eight others were seriously wounded.

   As you may know, the Indonesian police completed its preliminary investigation last fall and concluded that the Indonesian military may have been responsible for the attack. Despite being informed of the results of the police investigation, the Indonesian military has failed to look into this matter. In fact, press reports suggest that the Indonesian military may have exonerated itself of any responsibility.

   I understand that senior officials at the Department of State have expressed the concerns of your Administration about the dogged pace of the investigation to the Indonesian government. Your effort to determine who was responsible for this brutal attack is commendable. However, more must be done.

   I urge you to press the Indonesian government to conduct a comprehensive investigation into the attack. Such an investigation should include active and meaningful participation by United States law enforcement agencies who should have complete access to evidence and witnesses.

   The murder of innocent Americans overseas warrants a serious response on our part. If the Indonesian government fails to act, severe diplomatic actions, including the suspension of IMET funding for Indonesia, should be considered. We cannot afford to overlook further delays in this important investigation.

   Again, thank you for your efforts, and I look forward to your response.

   Sincerely,

   Wayne Allard,
U.S. Senator.

   The PRESIDING OFFICER. The Senator's time has expired. All time has expired.

   The question is on agreeing to amendment No. 200.

   Mr. FEINGOLD. Mr. President, I ask for the yeas and nays.

   The PRESIDING OFFICER. The yeas and nays have not been ordered.

   Mr. STEVENS. We ask for the yeas and nays.

   The PRESIDING OFFICER. Is there a sufficient second?

   There is a sufficient second.

   The clerk will call the roll.

   The legislative clerk called the roll.

   Mr. REID. I announce that the Senator from Iowa (Mr. HARKIN), the Senator from Hawaii (Mr. INOUYE), and the Senator from Connecticut (Mr. LIEBERMAN) are necessarily absent.

   The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring to vote?

   The result was annouced--yeas 36, nays 61, as follows:

[Rollcall Vote No. 19 Leg.]
YEAS--36

   Allard

   Biden

   Boxer

   Campbell

   Cantwell

   Carper

   Chafee

   Clinton

   Conrad

   Corzine

   Daschle

   Dayton

   Dodd

   Dorgan

   Durbin

   Edwards

   Feingold

   Feinstein

   Jeffords

   Johnson

   Kennedy

   Kerry

   Kohl

   Lautenberg

   Leahy

   Levin

   Lincoln

   Mikulski

   Murray

   Pryor

   Reed

   Reid

   Sarbanes

   Smith

   Stabenow

   Wyden

NAYS--61

   Akaka

   Alexander

   Allen

   Baucus

   Bayh

   Bennett

   Bingaman

   Bond

   Breaux

   Brownback

   Bunning

   Burns

   Byrd

   Chambliss

   Cochran

   Coleman

   Collins

   Cornyn

   Craig

   Crapo

   DeWine

   Dole

   Domenici

   Ensign

   Enzi

   Fitzgerald

   Frist

   Graham (FL)

   Graham (SC)

   Grassley

   Gregg

   Hagel

   Hatch

   Hollings

   Hutchison

   Inhofe

   Kyl

   Landrieu

   Lott

   Lugar

   McCain

   McConnell

   Miller

   Murkowski

   Nelson (FL)

   Nelson (NE)

   Nickles

   Roberts

   Rockefeller

   Santorum

   Schumer

   Sessions

   Shelby

   Snowe

   Specter

   Stevens

   Sununu

   Talent

   Thomas

   Voinovich

   Warner

NOT VOTING--3

   Harkin

   Inouye

   Lieberman

   The amendment (No. 200) was rejected.