AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999 (Senate - July 15, 1998)

AMENDMENT NO. 3155

(PURPOSE: TO AMEND THE ARMS EXPORT CONTROL ACT TO PROVIDE WAIVER AUTHORITY ON CERTAIN SANCTIONS APPLICABLE TO INDIA OR PAKISTAN)

Mr. COCHRAN. Mr. President, on behalf of the Senator from Kansas, Mr. Brownback, and other Senators, I send an amendment to the desk and ask that it be stated.

The PRESIDING OFFICER. The clerk will report.

The legislative clerk read as follows:

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The Senator from Mississippi [Mr. Cochran], for Mr. Brownback, for himself, Mr. Roberts, Mr. Hagel, Mr. Gorton and Mr. Robb, proposes an amendment numbered 3155.

Mr. COCHRAN. 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:
At the appropriate place in the bill, insert the following:

TITLE XX--INDIA-PAKISTAN RELIEF ACT

SEC. XX01. SHORT TITLE.
This Act may be cited as the `India-Pakistan Relief Act of 1998'.

SEC. XX02. WAIVER AUTHORITY.
(a) Authority: The President may waive for a period not to exceed one year upon enactment of this Act with respect to India or Pakistan the application of any sanction or prohibition (or portion thereof) contained in section 101 or 102 of the Arms Export Control Act, section 620E(e) of the Foreign Assistance Act of 1961, or section 2(b)(4) of the Export Import Bank Act of 1945.
(b) Exception: The authority provided in subsection (a) shall not apply to any restriction in section 102(b)(2) (B), (C), or (G) of the Arms Export Control Act.
(c) Amounts made available by this section are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided, That such amounts shall be available only to the extent that an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

SEC. XX03. CONSULTATION.
Prior to each exercise of the authority provided in section XX02, the President shall consult with the appropriate congressional committees.

SEC. XX04. REPORTING REQUIREMENT.
Not later than 30 days prior to the expiration of a one-year period described in section XX02, the Secretary of State shall submit a report to the appropriate congressional committees on economic and national security developments in India and Pakistan.

SEC. XX05. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives and the Committees on Appropriations of the House of Representatives and the Senate.

Mrs. FEINSTEIN. Mr. President, I rise today in support of the India-Pakistan Relief Act, which I am cosponsoring with my colleague from Kansas.

Even as we have implemented a strict regime of sanctions on India and Pakistan as called for by law, it is my belief that we must also look to the future and to creating the sort of environment which will allow the United States to engage India and Pakistan in a positive relationship and to restore stability to South Asia.

To that end, this Amendment does something very simple, and something much needed. It is also something which I believe the great majority of this body supports.

The Amendment provides the President with the discretion to waive the application of any sanction or prohibition, for a period of 1 year. It contains an exception for those sanctions dealing with dual-use exports or military sales, which will remain off-limits.

Before the waiver authority is exercised, the President is required to consult with Congress.

And, prior to the expiration of the waiver authority granted in this Amendment, the Secretary of State must report to Congress on developments in India and Pakistan.

This last point is crucial. The waiver authority granted in this Amendment is limited to 1 year. Should India and Pakistan prove to be unwilling to resolve their differences--should the Secretary be unable to report on substantial and significant progress--this Amendment will sunset, and the current sanctions will go back into effect.

It is my belief that the President be given flexibility to use and shape sanctions as most appropriate to attempt to create a positive and constructive environment for the resolution of political and security problems in South Asia. Our current sanctions policy does not provide for that flexibility.

In fact, without this flexibility it is difficult to conceive how the United States can play a positive and constructive role in attempting to head off a potential nuclear arms race in South Asia or to restore stability to the region.

Indeed, the Administration currently has a high-level delegation, headed by Deputy Secretary Talbott, en route to the region to continue talks with India and Pakistan and to continue discussions on bringing the current crisis to a close.

Hopefully, this Amendment will send a positive signal to India and Pakistan that the United States is interested in working with them to resolve their problems, and will provide our negotiators with the leverage that they need if they are to have success in moving the process in a positive direction.

This Amendment structures U.S. policy to secure commitments from India and Pakistan to make real and meaningful progress in rolling back the current crisis, to settle their differences, and to bring peace to South Asia.

Although we do not spell out explicit conditions that India and Pakistan must meet in this Amendment, it is my hope and belief that the flexibility that this Amendment introduces will allow the Administration to work with India and Pakistan to take necessary actions to resolve their political and security differences, including ceasing any further nuclear tests; engaging in a high-level dialogue, putting confidence and security building measures in place; and, take steps to roll-back their nuclear programs and come into compliance with internationally accepted norms on the proliferation of weapons of mass destruction.

Indeed, my support of this Amendment lies, in part, in my belief that this is that path that India and Pakistan themselves have indicated that they would like to pursue.

Both India and Pakistan have made statements indicating that they will refrain from future testing. Both have indicated that they are prepared to consider joining the Comprehensive Test Ban Treaty. And, in a message to the Security Council on July 9, Secretary General Annan wrote that `I have been encouraged by indications from both sides of their readiness to enter into dialogue addressing peace and security matters and causes of tension, including Kashmir.'

In South Asia today it appears to be too late to talk about preventing the capability of developing nuclear weapons. As I stated on this floor immediately following the first Indian nuclear test, the international community cannot successfully impose nonproliferation policies on South Asia. Ultimately, India and Pakistan must determine for themselves that their own interests are best served by ridding South Asia of weapons of mass destruction--and not by turning the region into a potential nuclear battleground.

The United States, however, must seek ways to work with India and Pakistan to help them reach that determination. It is my belief that this Amendment serves to structure our policies to make that outcome more likely. I urge my colleagues to join me in support of this Amendment.

Mr. HELMS. Mr. President, as has been made clear, this amendment is a version of a bill offered last week by Senators McConnell, Biden, and others. At that time, Senators felt pressure to lift sanctions on India and Pakistan, thereby precluding U.S. companies from participating in a significant wheat tender.

I understood the urgency, and I therefore supported my colleagues. On the question of sanctions in general, and sanctions on India and Pakistan in particular, however, several points need to be emphasized.

The sanctions tasks force appointed by the majority and minority leaders, as of last week's sanctions relief bill, had met twice at a staff level. No one saw the proposed bill language, which, as originally written, would have lifted not only economic, but also military and dual use sanctions on India and Pakistan for a period of nine months.

Mr. President, I believe the majority leader was serious in his desire to constitute a group of Senators who, after due deliberation, would make recommendations on sanctions. That did not happen. Instead, we have rushed forward, willy nilly, with bills and amendments that the Senate Foreign Relations Committee has not considered. Indeed, last week we were presented with language that even the members of the sanctions task force had not considered.

It is my firm belief that at any given time we have one Commander in Chief and one Secretary of State. I support the President's right to make decisions on foreign policy, even when I disagree with those decisions. I also agree that it is important that the President have some flexibility in making those decisions.

That is why I am willing to support a limited waiver on economic sanctions--economic sanctions only--for nine months for India and Pakistan--which I do with some reservations. I shall expand on this further at another time. Suffice it to say that I do not believe foreign aid, foreign loan guarantees or international bail outs are an `entitlement' to any nation.

Equally importantly, Mr. President, no nation deserves military hardware, services or dual use items capable of supporting military programs if and when that nation engages in conduct dangerous to the national security of the United States. I shall never support U.S. supercomputers going to help the Indian nuclear program or U.S. space technology supporting a South Asian missile program. The line must be drawn somewhere.

The bill presented to me last Thursday at 9:30 a.m., one hour prior to its consideration by the full Senate, would have allowed anything--munitions list items, aircraft, weapons, advanced weapons technology--to go to India or Pakistan. I refuse to believe that even those most ardent to appease big business could countenance a U.S. military relationship with a nation that just detonated a nuclear weapon.

Mr. President, sanctions have their downsides, and I am ready to address those downsides. What I am not willing to do is to permit Congress to rush headlong into approving legislation which would open the floodgates to the rogues of this world.

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Mr. COCHRAN. Mr. President, the amendment deals with the sanctions against India and Pakistan. The amendment has been cleared on this side of the aisle. I understand that it has also been cleared on the other side. But I yield to my friend from Arkansas for any comments.

Mr. BUMPERS. Mr. President, this amendment has been cleared on this side of the aisle.

The PRESIDING OFFICER. Is there further debate?

Mr. KYL addressed the Chair.

The PRESIDING OFFICER. The Senator from Arizona.

Mr. KYL. I am sorry, I am not aware of the amendment the Senator from Mississippi is talking about.

The PRESIDING OFFICER. Is there further debate?

Mr. BUMPERS. Mr. President, I am told there are a couple questions on our side of the aisle. I regret that I announced earlier there was no objection on this side. Apparently, there are at least a couple questions. So if we could leave that amendment, set it aside in order to let Senator Lugar go, then we will try to clear it between now and the end of that time.

The PRESIDING OFFICER. Is there objection?

Mr. COCHRAN. Mr. President, reserving the right to object, and I do not want to object and will not, maybe the thing to do is put in a quorum for a second or two and see exactly what the questions are. Maybe they can be answered. If not, then I agree with you, we will set it aside and go to another amendment.

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. COCHRAN. 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. COCHRAN. Mr. President, I think we are ready now to proceed to a vote on the Brownback amendment

The PRESIDING OFFICER. Is there further debate?

If not, the question is on agreeing to the vote.

The amendment (No. 3155) was agreed to.