AMENDMENT NO. 722

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000100060017-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: December 28, 2012
• Sequence Number: 17
• Publication Date: September 24, 1987
• Content Type: MISC

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September 24, 1987 CONGRESSIONAL RECORD - SENATE
them on a long-term basis, it will be a
very significant stimulus to a very sick
U.S. shipbuilding industry. The pri-
vate sector will build; the taxpayers
will lease. It is a very good arrange-
ment for both.
Mr. President, I know of no objec-
tion to this legislation. I believe it is
cleared on both sides. I urge its adop-
tion.
Mr. DIXON. Mr. President, I con-
gratulate the distinguished Senator
from California for a very fine amend-
ment which permits the Secretary of
the Navy to use his authority under
title 10 to lease and charter tankers to
support naval requirements. This side
supports the amendment.
The PRESIDING OFFICER. Are
there other Senators desiring to speak
to the amendment?
If not, the question is on agreeing to
the amendment.
The amendment (No. 721) was
agreed to.
Mr. DIXON. Mr. President, I move
to reconsider the vote by which the
amendment was agreed to.
Mr. WILSON. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
Mr. DIXON. Mr. President, I believe
that we are awaiting the arrival on the
floor of others with amendments that
will be acceptable to both sides. In
view of that, and rather than suggest-
ing the absence of a quorum, I ask
unanimous consent that I be permit-
ted to proceed as though in morning
business for 5 minutes for the limited
purpose of introducing a bill totally
unrelated to this subject matter and
for very brief remarks in connection
with the introduction of such a bill.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
(The remarks of Mr. DIXON will
appear later in the RECORD under
"Statements on Introduced Bills and
Joint Resolutions.")
Mr. DIXON. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mr. SYMMS. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The Senator from Idaho.
~" AMENDMENT NO. 722
(Purpose: To void certain agreements relat-
ing to the site of the Soviet Union's em-
bassy in. the District of Columbia)
Mr. SYMMS. Mr. President, I send
an amendment to the desk and ask for
its immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
Mr. BYRD. Mr. President, are we
setting aside temporarily the Weicker
amendment?
The PRESIDING OFFICER. Under
the previous agreement, the vote on
the amendment of Senator MCCAIN
will occur at 6 p.m.
Mr. BYRD. And the amendment by
Senator WEICKER is not required to be
temporarily set-aside?
The PRESIDING OFFICER. The
Weicker amendment will recur after
the vote on Senator MCCAIN'S amend-
ment, as matters now stand. The
Weicker amendment will recur after
the vote on Senator MCCAIN's amend-
ment.
Mr. BYRD. We will have to make a
different arrangement.
Mr. SYMMS. Mr. Leader, might I
help with the order. This amendment
that I am offering will require a roll-
call vote. I assume that the leader
would want to set that vote to follow
the other votes that are stacked at 6
o'clock.
Mr. BYRD. Yes, I would like to do
that.
Mr. President, for the moment, I
suggest we proceed with the amend-
ment by Mr. Symms. I think he has al-
ready gotten consent to have that
amendment offered.
Mr. WARNER. Mr. President, if I
might just interrupt for a moment, in
listening I certainly concur with the
majority leader that we have to work
out some arrangement that was con-
sistent with the understanding last
night in connection with the Weicker
amendment and the right for the ma-
jority leader to at the appropriate
time put in a substitute.
Mr. BYRD. Yes.
Mr. WARNER. We will work in co-
operation with the Senator.
Mr. BYRD. I thank the Senator.
The PRESIDING OFFICER. The
Senator from Idaho.
Mr. DIXON. Mr. President, will the
Senator from Idaho yield just a
moment to me?
Mr. SYMMS. Certainly. I will be
happy to yield.
Mr. DIXON. May I say to my friend
from Idaho that we have quickly ex-
amined the amendment. The content
would indicate that some of the folks
on the Foreign Relations Committee
ought to have a look at it. So I do not
know how long the Senator will take,
but may I say to him that we will re-
quire some time over here to deter-
mine what our ultimate position will
be. But I suspect that some on this
side will want to oppose that amend-
ment.
The PRESIDING OFFICER. The
clerk will report the amendment.
Mr. SYMMS. Mr. President, let the
clerk read the amendment. Following
the reading, I will make some com-
ments about the amendment.
The bill clerk read as follows:
The Senator from Idaho [Mr. Symms] pro-
poses an amendment numbered 722:
At the appropriate place in the bill, add
the following:
(a) FINDINGS.-The Congress finds that-
(1) Soviet espionage agents have installed
listening devices in the structure of the new
American embassy in Moscow in blatant de-
fiance of the spirit of the embassy agree-
ments and certain recognized norms of
international relations;
(2) this Soviet espionage effort has been
so extensive and insidious as to require the
virtual rebuilding of a large part of the new
American embassy in Moscow, the construc-
tion of which has cost American taxpayers
tens of millions of dollars;
(3) it is well known that Soviet espionage
agents intend to use the new Soviet embassy
in this country as a platform to conduct
highly sophisticated electronic surveillance
of the United States Government offices
and even the private telephone calls of
American citizens;
(4) the purpose of this surveillance can be
none other than to undermine the national
security of the United States and further
the expansionist ambitious of the Soviet
Union;
(5) the location of the new Soviet embassy
at a site nearly 350 feet above sea level is
ideal for this type of surveillance, having
been offered to the Soviets at a time when
electronic surveillance techniques and po-
tential were not fully understood in the
West;
(6) subsection (b) of 22 U.S.C. 4305 specifi-
cally allows the Secretary of State to "re-
quire any foreign mission to divest itself
of ? * ' real property * * ? where other-
wise necessary to protect the interests of
the United States"; and
(7) Congress, through' enactment of such
subsection, has clearly expressed the desire
that the Secretary exercise such authority
when necessary to protect the vital security
interests of the United States.
(b) NEw AGREEMENT WITH SOVIET UNION.-
The President shall-
(1) void the current embassy agreements;
and
(2) enter into negotiations for a new
agreement under which the Soviet Union
will move its new embassy to a site in the
District of Columbia that is not more than
90 feet above mean sea level.
(C) EMBASSY AGREEMENTS.-For the pur-
poses of this section the term "embassy
agreements" means-
(1) the "Agreement between the United
States of America and the Union of Soviet
Socialist Republics on Reciprocal Allocation
for Use Free of Charge of Plots of Land in
Moscow and Washington", enterd into force
on May 16, 1969; and
(2) the Agreement between the United
States of America and the Union of Soviet
Socialist Republics on Conditions of Con-
struction of Complexes of Buildings of the
Embassy of the United States of America in
Moscow and the Embassy of the Union of
Soviet Socialist Republics in Washington",
entered into force on December 4, 1972.
Mr. SYMMS. Mr. President, this is
an issue that the Senate has previous-
ly visited this year. It was Vote No. 215
on July 30, 1987. At that time, this
amendment was offered in the form of
a sense-of-the-Senate resolution,
whereas today it is offered as an
amendment to the Armed Services
Committee bill. But just to refresh the
memory of Senators, Senator PELL
moved to table this amendment. The
motion to table was rejected by a vote
of 71 to 26. This was originally offered
as an amendment to the human rights
to Haiti resolution that the distin-
guished Senator from Florida [Mr.
GRAHAM] had offered and was then set
aside. It was subsequently separated
from Senate Resolution 248 by unani-
mous consent and was considered as a
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S12628
CONGRESSIONAL RECORD - SENATE September 24, 1987
freestanding resolution, Senate Reso-
lution 261. This resolution also passed
unanimously by a voice vote. I want to
remind my colleagues of this. I will be
very brief in my explanation of it.
Soviet espionage agents have in-
stalled listening devices in the struc-
ture of the new American Embassy in
Moscow, defying blantantly the spirit
of the Embassy agreements and cer-
tain recognized norms of international
relations. It is well know that Soviet
espionage agents intend to use the
new Soviet Embassy in this country as
a platform to conduct highly sophisti-
cated electronic surveillance to under-
mine United States national security.
The location of the new Soviet Embas-
sy was offered to the Soviets at a time
when electronic surveillance tech-
niques and the potential for their fur-
ther development were not fully un-
derstood by the West. So the amend-
ment would very simply have the
State Department do what it already
has the authority to do. It would void
the current Embassy agreements.
Then, there would be negotiations for
a new agreement under which the
Soviet Union will move its Embassy to
a site in the District of Columbia that
is not. more than 90 feet above mean
sea level.
I know there will be people who
oppose this amendment. They will
argue that the Soviets originally
wanted to locate a new Embassy at
Chevy Chase. We objected, and then
they chose the site in midtown Wash-
ington; we objected again, and subse-
quently the Mount Alto site was found
and the United States was in favor of
their building an Embassy on that site.
That may well be the case. But I
think the record clearly shows that
the proper course of action for our
new Embassy in the Soviet Union
would be to raze that Embassy. The
next step should then be to have us
move the Soviets out of the building
they are moving into-where they are
setting up all their spying apparatus. I
believed we should renegotiate new
agreements, the building that the So-
viets now have could be put to some
other good use. Whether we want to
make it available for the Salvation
Army, for the homeless or whomever,
I do not know. But it could be put to
some use other than where it would be
used to spy on the Pentagon, the
White House, the Capitol of the
United States, the State Department,
and other areas. So it is very self-ex-
planatory. I think all Senators have
had an opportunity to look at the
issue. They have all voted on it once.
Mr. President, I ask for the yeas and
nays on the amendment.
The PRESIDING OFFICER. Is
there a sufficient second? There is a
sufficient second,
The yeas and nays were ordered.
Mr. SYMMS. I ask unanimous con-
sent that the vote on the amendment
take place immediately following the
McCain amendment.
The PRESIDING OFFICER. Is
there objection?
Mr. McCAIN. Mr. President, I am
seeking recognition to comment on the
amendment.
The PRESIDING OFFICER. Does
the Senator object?
Mr. McCAIN. I reserve the right to
object, Mr. President.
Mr. PELL. Mr. President, the
Symms amendment deals with the
United States-Soviet agreement on lo-
cation of embassies. This issue is prop-
erly within the jurisdiction of the
Senate Foreign Relations Committee,
and is dealt with in the Foreign Rela-
tions Authorization Act of 1987. That
bill is on the calendar and I expect will
be taken up promptly.
I therefore urge my colleague from
Idaho to withdraw his amendment and
to resubmit it during Senate consider-
ation of the Foreign Relations Author-
ization Act. If he is unwilling to do so,
I hope the Senate will defeat the
Symms amendment.
The Foreign Relations Committee
will hold a closed briefing on the
United States-Soviet Embassy agree-
ment and on the threat from Mount
Alto on Tuesday afternoon. Further,
the administration is currently en-
gaged in a process of consultation on
the 'future of the new U.S. Embassy
complex in Moscow. Any action we
take with regard to Mount Alto is cer-
tain to lead to a Soviet response
against our facilities in Moscow.
The marginal gain to the Soviet
Union from the Mount Alto location
may well be far less than commonly
imagined. The damage to U.S. national
security interests from being ousted
from our new facility in Moscow could
be very substantial.
These issues cannot be discussed in
public session on the floor of the U.S.
Senate. For this reason the Foreign
Relations Committee-the committee
of jurisdiction-will consider these
matters in detail in Tuesday's closed
session. I invite interested colleagues
to attend.
In the interim I urge defeat of the
Symms amendment, because it could
do serious, albeit unintended, damage
to the national security of the United
States. The Senate will have ample op-
portunity to revisit the issue during
consideration of the Foreign Relations
Authorization Act.
The PRESIDING OFFICER. The
Senator from Arizona.
Mr. McCAIN. Mr. President, I am
not sure that all interested Members
here have had an opportunity to dis-
cuss this very important amendment.
Frankly, I am not clear about the par-
liamentary procedure.
But I would request that Members
be given an opportunity to debate and
discuss my colleague's amendment.
Mr. DIXON. Mr. President, I want
to join my friend from Arizona. It ap-
pears there was- an earlier rollcall on
this earlier this year. Frankly, it ap-
pears this Senator voted with the Sen-
ator from Idaho. It also appears how-
ever that some on this side opposed
this amendment. It is sort of uniquely
a Foreign Relations Committee ques-
tion more than a question for our com-
mittee. This side has informed the
chairman and others on the Foreign
Relations Committee of the pendency
of this amendment.
I dislike closing off debate on the
amendment, Mr. President, in the
event that others from this side might
want to be heard against the amend-
ment although this Senator has no
reason to be heard against the amend-
ment. So I wonder if the Senator from
Idaho might accommodate us.
Mr. SYMMS. It is not the Senator
from Idaho's intention to close off
debate. I wanted to get the procedure
in line, I say to my good friend, so we
will vote on this amendment as I re-
quested in my unanimous-consent re-
quest after the stacked votes. If we
want to debate it here for the rest of
the day, that is all right with me. I do
not care.
If I could add one little bit of infor-
mation that I neglected. On the reso-
lution that has been introduced into
the Congress, not on this amendment,
the cosponsors of that resolution are
Senators BYRD, CONRAD, HELMS, NICK-
LEs, GRASSLEY, and MCCAIN. On the
resolution it carries the same thrust
and text of this amendment.
Mr. McCAIN. Mr. President, I be-
lieve I still have the floor.
The PRESIDING OFFICER. The
Senator from Arizona.
Mr. McCAIN. Mr. President, I ask
unanimous consent that it be in order
that further debate be made on this
amendment pending agreement that a
recorded vote be allowed on the
amendment by the Senator from
Idaho.
Mr. NUNN. Mr. President, reserving
the right to object, and I hope not to
object, there is no objection at all for
going on and debating this amend-
ment, whatever the Senator would
choose. The Senator from Connecticut
has been cooperative in coming over.
He has been working out an amend-
ment that will not take very long, I do
not believe. Perhaps we could have
that one go first depending on the
Senator from Idaho.
I would like to have time to alert
those people who know the most
about this amendment which would be
the Foreign Relations Committee on
both sides of the aisle and the intelli-
gence people on both sides of the aisle
so if they choose to be heard they can
come over. I have no objections what-
soever to getting a vote on this amend-
ment after 6 o'clock this evening.
The PRESIDING OFFICER. The
question is on the request of the Sena-
tor from Idaho. Is there objection?
Mr. NUNN. Would the Chair state
the unanimous-consent request?
Mr. SYMMS. The unanimous-con-
sent request, Mr. President, that I
thought was already agreed to-maybe
it has not been.
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September 24, 1987 !ONGRESSIONAL RECORD - SENATE S 12629
The PRESIDING OFFICER. It has The PRESIDING OFFICER. The Mr. DODD. Mr. President, there is a
not been agreed to. clerk will report. sense-of-the-Senate resolution that ad-
Mr. SYMMS. The unanimous-con- The assistant legislative clerk read dresses itself to the issue of the pre-
sent request is that the vote on the as follows: conditions in Panama. This is an
Symms amendment occur immediately The Senator from Connecticut [Mr. DODD] amenmdent that I have worked on
following the vote on the McCain for himself, Mr. CRANSTON, Mr. KENNEDY, with my colleagues here over the last
amendment. Mr. DURENBERGER, Mr. D'AMATO, and Mr. several days in an attempt to come up
The PRESIDING OFFICER. Is KERRY, proposes an amendment numbered with language that, I believe, is accept-
there objection? 723. able to all sides.
Mr. NUNN. I have no objection. Mr. DODD. Mr. President, I ask It is an amendment that will put the
The PRESIDING OFFICER. With- unanimous consent that further read- Congress,. particularly the Senate, on
out objection, it is so ordered. ing of the amendment be dispensed record, concerning the ongoing unrest
Mr. SYMMS. I thank my distin- with. and political instability in Panama and
guished chairman and the manager of The PRESIDING OFFICER. With- to spell out in very simple and clear
the bill, and the distinguished Senator out objection, it is so ordered. terms what most of us in this Cham-
from Arizona. The amendment is as follows: ber believe to be the appropriate re-
Mr. McCAIN. Mr. President, I have a On page 114, between lines 13 and 14,, sponse by the United States as we look
parliamentary inquiry. Are we going to insert the following new section: to the days ahead.
move to the Dodd amendment at this SEC. . POLICY TOWARD PANAMA. The future of democracy, Mr. Presi-
time and still allow time for further (a) FINDINGS.-The Congress finds that- dent, in Panama is being seriously
debate on the Symms amendment, or (1) the executive, judicial, and legislative threatened by the flatering commit-
are we going to continue with the branches of the Government of Panama are ment of the Panamanian Government
Symms amendment, dispose of debate now under the influence and control of the to democratic institutions, procedures,
on the Symms amendment, and then Panamanian Defense Forces; and values. It is being threatened by a
move to the Dodd amendment? (2) a broad coalition of church, business, military establishment that unfortu-
Mr. NUNN. I say to my friend from labor, civic, and political groups have joined
Arizona, if he will yield, anyone can to call for an objective and thorough inves- nately has forgotten what its responsi-
get the floor and any amendment is in tigation into the allegations concerning seri- bility is to the people of Panama;
order at this time. What I would sug- ous violations of law by certain officials of namely, the defense of that nation-
gest is we take the Dodd amendment the Government of Panama and the Pana- not the plundering of the treaty which
first, if the Senator from Idaho manian Defense Forces, and have insisted is what they have been engaged in.
agreeable to that, and if the Senator that General Noriega and others involved A broad-based coalition of the Pana
from Connecticut gets the floor that relinquish their official positions until such manian society has said that enough is
an investigation has been completed.
could perhaps be disposed of rather (3) the Panamanian people continue to be enough. Businessmen and labor lead-
quickly. We will send out word that denied the full rights and protections guar- ers, students and teachers, peasants
the Symms amendment will be the anteed by their constitution, as evidenced and priests, civic leaders and political
next amendment and get the parties by continuing censorship and the closure of organizers, have taken to the streets
here. Then we will take that one up, the independent media, arrests without due over recent months and weeks to
debate it, and if we cannot get a time process, and instances of excessive force by demand respect for basic civil liberties,
agreement to debate, fine. If not, per- the Panamanian Defense Forces; and and a return to democratic processes
haps we could conclude debate and (4) political unrest and social turmoil in guaranteed by the Panamanian consti-
Panama can only be resolved if the Govern-
have the votes stacked a little later. ment of Panama begins to demonstrate re- tution.
The PRESIDING OFFICER. The spect for and adherence to all provisions of Mr. President, the United States and
Senator's amendment would have to the Panamanian constitution. this body cannot ignore their plea. We
be set aside to proceed with the other (b) Policy.-Therefore, it is the sense of must demonstrate in very concrete
amendment. the Congress that the United States terms that we are prepared to do our
Mr. NUNN. That would be up to the should- part on their behalf. At the very least,
Senator from Idaho. Would he be will- (1) cease all economic and military assist- we must speak out on their behalf and
ing to temporarily set this aside for a ance provided pursuant to the Foreign As- let them know that we are going to
very brief time to take up the Dodd sistance Act of 1961 and the Arms Export
Control Act to the Government of Panama, take very concrete actions that go
amendment? It is my understanding except that the United States should con- beyond the sense-of-the-Senate resolu-
the Dodd amendment will not take tinue to make available assistance to meet tion; that go beyond just the firing the
very long. immediate humanitarian concerns, shot across the. bow, as we say through
Mr. DODD. If the Senator will yield, (2) suspend all shipments of military resolutions that merely threaten cer-
the Senator is correct. equipment and spare parts to the Govern- tain actions if there is not change.
Mr. McCAIN. We already agreed to ment of Panama or to any of its agencies or Rather, this resolution spells out very
institutions, and vote. (3) prohibit the importation of sugars, clearly what the next steps will be if
Mr. SYMMS. Mr. President, the syrups, or molasses that are products of there is not that change and those
Senator from Idaho has no objection Panama into the United States and to real- steps will be taken very quickly and
as long as we are going to vote on my locate among other foreign countries such very dramatically.
amendment immediately following the quantities of sugar, syrups, and molasses We must demonstrate, Mr. Presi-
vote on the McCain amendment. It is that would have been imported from dent, in very certain terms, that we
up to the managers of the bill. Panama but for such prohibition; are not going to let this Congress, this
Mr. NUNN. If he would agree to unless no later than 45 days after the date session of this Congress, complete its
temporarily lay his amendment aside, of enactment of this act- action without taking those steps if
it would be my hope we could get to it (1) the Government of Panama has dem- there is not some change.
in 15 minutes and we could go ahead onstrated substantial progress in the effort This amendment, Mr. President
and begin debate on it. to assure civilian control of the armed puts
forces and that the Panama Defense Forces General Noriega and his cohorts on
The PRESIDING OFFICER.. Is and its leaders have been removed from notice that unless there is evidence of
there objection? Without objection, it nonmilitary activities and institutions; a renewed commitment to democratic
is so ordered. (2) the Government of Panama has estab- processes and procedures, including
The Senator from Connecticut. lished an independent investigation into al- firm civilian control over the Panama-
AMENDMENT NO. 723 legations of illegal actions by members of nian defense forces, the U.S. Congress
(Purpose: Concerning United States policy the Panama Defense Forces (3) a nonmilitary transitional government will take the following very specific
with respect to Panama) is in power; and legislative action within 45 days after
Mr. DODD. Mr. President, I send an (4) freedom of the press and all other con- the enactment of these provisions.
endment to the desk and ask for its stitutional guarantees to the Panamanian No. 1, Mr. President, this resolution
immediate consideration, people are restored. says we will stop all economic and mili-
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V ?
S 12630 CONGRESSIONAL RECORD - SENATE
tary assistance of the Government of
Panama. No. 2, we will halt all ship-
ments of military equipment and spare
parts to the Government of Panama.
And No. 3, we will revoke Panama's
sugar quota and reallocate it to other
nations.
Mr. President, the first action, the
stopping of all economic and military
assistance, means that any new re-
quests would be terminated or would
be denied.
The second proposal, the halting of
all shipments of military equipment
and spare parts, means that regardless
of whether or not there has been any
agreement, any military equipment or
spare parts sitting on docks waiting to
be shipped, for example, would not. be
shipped. Thus, it would affect existing
contracts.
The third proposal, of course, the re-
voking of the sugar quota and the
reallocation of it to other nations, is
designed to tell the private sector, if
you will, in Panama-many of whom
have remained silent or have support-
ed, unfortunately, some of the activi-
ties of the Panamanian Government-
that our actions will go beyond public
assistance or governmental assistance
government-to-government. Rather,
they will learn that we are prepared to
also deal with issues that affect them
directly as private concerns in that
country.
Mr. President, I hope that the lead-
ers of Panama will be listening to what
we say here today.
It would be disgraceful and unfortu-
nate if we were to have to take these
actions.
All we are saying today is that if
there is no improvement, this is the
next round. The next shot will not be
across the bow. The next shot will be
aimed directly and targeted to
Panama.
I hope the Senate will adopt the
amendment by an overwhelming vote
and that the other steps will not be
necessary. General Noriega has 45
days before the continuing resolution
or an appropriations bill comes before
this body, but the Senate will not ad-
journ in this calendar year 1987 with-
out taking specific action against
Panama if they fail to take the steps
we have outlined in this proposal. The
situation is serious. We want to let the
Panamanians know that we are seri-
ous. This amendment provides that
kind of notice.
Mr. President, I ask for the yeas and
nays on this amendment.
The PRESIDING OFFICER. Is
there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
Mr. WARNER. Mr. President, we
wish to commend the distinguished
Senator from Connecticut. Through-
out his career as a public servant, he
has devoted a great deal of time to
issues in this hemisphere. While we
sometimes do not always agree with
him, we respect his knowledge and his
study of these issues. In this particular
instance, we are prepared to support
him wholeheartedly.
It is my understanding that the Sen-
ator from Connecticut worked with
the distinguished ranking member of
the Foreign Relations Committee, the
Senator from North Carolina [Mr.
Hzx.nas], and the Senator from New
York [Mr. D'AmATol, and that this
amendment reflects a work product of
a bipartisan nature. Indeed, I think it
is one that will gain the full support of
this body.
I thank the Senator.
Mr. McCAIN. Mr. President, I Join
the Senator from Virginia [Mr.
W iuir ] in supporting this amend-
ment.
First, I should like to express my ap-
preciation to the Senator from Con-
necticut, as the chairman of the com-
mission appointed by this body to
monitor the peace efforts in Central
America, for the courtesy and kind-
ness extended to me as we have
worked together in seeking not only to
monitor but also to assist in the ef-
forts for peace in Central America.
I am aware, as I know my friend
from Connecticut is, that there will be
times when we are in disagreement.
But I believe that we have indicated
that a very sensitive and difficult issue
can be addressed in a bipartisan fash-
ion.
I think his commitment to peace in
Latin America and his involvement
and expertise in these affairs is indi-
cated by this very carefully crafted
sense-of-Congress amendment. I em-
phasize that it is a sense-of-Congress
amendment. There will be some
people, as I am sure the Senator from
Connecticut is aware, who believe that
this is not strong enough. I think the
Senator from Connecticut has just re-
sponded to those criticisms by stating
unequivocally that within 45 days,
before the Senate adjourns, action will
be taken concerning the situation in
Panama, whether it be primarily ap-
propriations or other methods.
This situation that is existing in
Panama today cannot be allowed to
continue for for a longer period of time.
The people in Panama are suffering a
deprivation of basic human rights
which is unacceptable in this hemi-
sphere, as we focus all our attentions
on Nicaragua and El Salvador-and
that attention is well deserved, I might
add.
I should like to express my apprecia-
tion again to the Senator from Con-
necticut for bringing attention to the
deplorable conditions existing in
Panama. It appears that this condition
is not showing the slightest improve-
ment. I think this Nation can be proud
of our record for two administrations,
both the Carter and the Reagan ad-
ministrations, in the fostering of
human rights and democracy in Latin
America. Eight nations, to my knowl-
edge, have gone from totalitarian gov-
ernments to freely elected ones, and
this defies the predictions of many so-
called experts on Latin American af-
September 24, 1987
fairs. I suggest that not only does the
credit go to the Carter administration
and the Reagan administration but
also to Members of this body, includ-
ing the Foreign Relations Committee,
who have devoted much effort in that
direction.
The fact is that not only must we
insure that the people in Latin Amer-
ica who have already achieved their
human rights and basic freedoms-
which we all cherish-maintain those,
but also, we must move forward and
work together to see that that also
takes place and that that evolution
takes place in other parts of Latin
America, including Panama-which,
by the way, happens to be the country
of my birth, the Canal Zone, which is
an area now of the Panamanian
nation.
So, I want to congratulate my friend
from Connecticut.
Also, it should be of interest to
Members of this body and to the Pan-
amanian Government that this
amendment has widespread support
on both sides of the aisle. There is not
a sharp division. There may be unani-
mous agreement, but I think you will
find overwhelming support when we
have the vote later this evening.
Mr. DODD. Mr. President, I thank
the distinguished Senator from Arizo-
na and the distinguished Senator from
Virginia for their kind comments.
I would be remiss if I did not say
that if there are any commissions or
committees appointed here, the extent
to which they are successful is because
the Members make them successful. I
traveled to Latin America this past
weekend and I feel fortunate to have
as a cochairman someone who is
thoughtful and as committed to these
issues as I am. We hope that the ef-
forts in Central America will be as suc-
cessful as our commission in the
coming weeks. I am grateful to the
Senators for their comments.
I think it is important that the re-
marks of the Senator -from Arizona be
emphasized, that this is a strong bipar-
tisan effort. The Senator from Arizona
is absolutely correct. There are others
who wanted to make this a statute, to
make this a part of law, to stop all
military and economic assistance now,
and to cut off the sugar quota now. It
is hard to argue with them, given the
events of the last few months in
Panama; but we would like to give the
Panamanian Government one more
opportunity to demonstrate that they
are going to change. If they do not,
this Senate will join the forces that
have argued for a permanent prohibi-
tion against assistance and the sugar
quota.
In the past, I have been a little nega-
tive about some of the restrictions we
wanted. I felt that we may be going
too far and that we were going to end
up with a self-fulfilling prophecy. But
I am convinced today that these lead-
ers in Panama have not taken us seri-
ously, and I hope that this resolution
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9 1P 'T
S 12648 CONGRESSIONAL RECORD - SENATE September 24, 1987
time ago and there are concerns about Stinger when equipped with a safety ing to the amendment of the Senator
an electronic safety device and the device. Is it possible that we might un- from Arizona [Mr. DECONCINII.
possibility of Its vulnerability, but I dermine our own missiles with such a The amendment (No. 728) was
have every confidence that these dif- device? agreed to.
ferences can be worked out between We won't know, of course, until we Mr. GLENN. Mr. President, I move
the Department of the Army and our build and test such devices. to reconsider the vote by which the
staffs and Congress so that we can This amendment properly provides amendment was agreed to.
embark on this very important effort for development and test of these de- Mr. McCAIN. I move to lay that
in safeguarding these missiles if they vices. At some point in the future motion on the table.
should happen to fall into the wrong when we know the results of the tests The motion to lay on the table was
hands and preventing them from provided for, then we can consider the agreed to.
being used. I strongly support this questions of whether and how to in- Mr. GLENN. Mr. President, I sug-
amendment. I yield the floor, stall, retrofit, or deploy these devices. gest the absence of a quorum.
Mr. GLENN. Mr. President, I rise to With the terrorism that seems to be The PRESIDING OFFICER. The
support this amendment and will rampant around the world, we do not Chair wants to thank the managers
accept it. I would make a couple of want to see Stingers added to that. and members of the committee for ac-
comments in the meantime, however. Having said that, I want to make ab- cepting the amendment.
I congratulate the senior Senator solutely certain that what we are ap- The clerk will call the roll.
from Arizona [Mr. DECONCINII for of- proving today is not in any way a com- (Mr. BINGAMAN assumed the
fering this amendment. It is, some- mitment to go ahead with installation chair.)
thing that has bothered us for a long of these devices on existing Stinger The legislative clerk proceeded to
time. Can Stinger missiles that might missiles. It is a study. It brings it call the roll.
fall out of inventory and into the through the development stage to see Mr. McCLURE. Mr. President, I ask
wrong hands be used for purposes of whether it works or not. unanimous consent that the order for
terrorism or whatever? How can we I, at the same time that I am for the quorum call be rescinded.
stop that? That is the problem the this, also am reminded all too well of The PRESIDING OFFICER. With-
r is trying to address. I might the fact that it took us many years to out objection, it is so ordered.
add that that in the Governmental Affairs make the Stinger workable, to get it Mr. McCLURE. Mr. President, I ask
Committee, of which I chair, we have up the point where it was reliable. unanimous consent that the distin-the Comptrol- ler hearings r. which Boucher, , has testified When you start fussing around with
ler General, Mr. guished junior Senator from Idaho
that we are having a lot of trouble systems to turn it off, we want to [Mr. Syrsrss] and myself be added as
finding the inventory numbers to make absolutely certain that this original cosponsors to amendment No.
match the Stingers that we now have cannot be back engineered by the So- 721, earlier agreed to.
in storage. We cannot locate all of viets or someone else to find ways of The PRESIDING OFFICER. With-
them. If that does not chill you, i do turning it off when we do not intend out objection, it is so ordered.
not know what will. Because it means to turn it off. Mr. McCLURE. Mr. President, I sug-
that some of these things may have There is a difference between the gest the absence of a quorum.
gotten into terrorists' hands or white analog systems and the other systems. The PRESIDING OFFICER. The
supremacy groups or whatever. We do The analog or the digital system is clerk will call the roll.
not even know what organizations. what I am trying to say. And those re- The bill clerk proceeded to call the
THE STINGER ELECTRONIC SAFETY DEVICES quire different approaches to them. roll.
Mr. WARNER. Mr. President, I join We want to make certain that now we Mr. SANFORD. Mr. President, I ask
my friend from Arizona in cosponsor- have the Stingers as a reliable missile unanimous consent that the order for
Ing this amendment and commend we do not set something up that intro- the quorum call be rescinded.
him for his diligent work and persever- duces a vulnerability into the system The PRESIDING OFFICER. With-
ance on this effort. and makes it a less reliable weapon out objection, it is so ordered.
I share his concern, over the possibil- than it now is. SYMMS AMENDMENT NO. vax
sty of this type of missile falling into So I am all in favor of what the Sen Mr. SANFORD. Mr. President, I rise
the wrong hands and have considered ator is trying to do on this because i to address the distinguished Senator
the horrible consequences of terrorist has been something that we have bee toom Idaho's amendment dealing wt
use. concerned about for a long time. Bu fro treaties between tith
This amendment properly focuses we do have Stingers in second-party the Embassy
and the the Soviet Union.
the resources and efforts of the Army hands. Some of those may be able to is easy for us, as Members of the
first on the basic Stinger, which is the even be subverted into third-party It
Senate, s take offense at the efforts
model being used by those irregular hands. We do not want to see that Senate,
the Soviet of a plant surveil-
our new plant Buril-
aging we support. While it is encour- . used for terrorism or for purposes for of th Union
also r new Embassy
aging to note the effectiveness with which we never intended when the lance devices
which these irregulars are using the missiles were built or were transferred Moscow. appropriate e for
loca-
Stinger, the concern is still there that to someone else. have concern about
these us
Embassythen this missiles might be captured, I understand July 1 is the date by torn v ve of the some country. new Certainly Soviett sits on high
stolen, or otherwise fall into the hands which the distinguished Senator of terrorists. would like to have an answer back on ground. Certainly the conventional
This amendment also provides funds this. That is a very short timeframe to wisdom, if not the technical intelli-
for the development and demonstra- do something like this. I would pre- gence wisdom, is that the higher the
tion of a safety device for the Stinger . sume a lot of work is already under- ground the more you can see and the
with reprogrammable microprocessor. way by some of these companies to see more you can hear. And so there is
The Army has indicated that devel- that they can meet that July 1 date. some cause for concern about the loca-
opment and demonstration of a safety With those comments I will accept tion of that Embassy,
device for this Stinger configuration the amendment on behalf of the ma- But the suggestion of the Senator
might require additional funds and jority. It will provide a demonstration from Idaho that, because of those two
money over and above that provided and vulnerability testing without conditions, we cancel the two treaties
for in this amendment. Nevertheless, I making the commitment to install and start over is hardly a realistic ap-
agree that we should proceed with the them on existing Stingers until the re- proach.
development of a device for this con- suits are available. All Members of this body share the
figuration also. The PRESIDING OFFICER. Is Senator's concern for the security of
The Army has also indicated their there further debate on the amend- our Embassy in Moscow, and more
concern over the vulnerability of the ment? If not, the question is on agree- wish to cast a vote that appears to di-
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September 24, 1987 CONGRESSIONAL RECORD - SENATE. S 12647
AMENDMENT NO. 728 people provisions for our Armed increasingly being used to support U.S.
Mr. DECONCINI. Mr. President, I Forces. In particular, I would like to interests all around the world. This
send an amendment to the desk and single out the objection that the com- should not eventually, be used against
ask for its Immediate consideration. mittee included in the bill to an OMB us, and if this weapon falls into the
The PRESIDING OFFICER. The provision that initiated a test program wrong hands, I would hope that we
clerk will report. requiring user fees for outpatient care will have a system that can disarm it
The legislative clerk read as follows: at military hospitals by military retir- remotely if necessary.
The Senator from Arizona [Mr. DECON- ees and dependents. So, Mr. President, ideally the safety
CINII, for himself, Mr. NUNN, and Mr. I have opposed this for some time. I device improves the chances of demo-
WARNER, proposes an amendment numbered submitted a resolution opposing it. We cratic resistance efforts that are per-
728. have 22 cosponsors, and so I am grate- mitted to have this weapon as well as
.Mr. DECONCINI. Mr. President, I ful to the Armed Services Committee our allies who may use it in overt ac-
ask unanimous consent that further for adopting this objection to that tions and provide us with the safety
reading of the amendment be dis- OMB procedure. that if indeed this weapon falls into
pensed with. Now, Mr. President, the amendment the hands of the wrong people, it
The PRESIDING OFFICER. With- that I have at the desk would direct might be disarmed and thereby not
out objection, it is so ordered. that not less than $4 million should be used against our own forces, God
The amendment is as follows: available, out of existing appropriated forbid, some day or against civilian
At the appropriate point in the bill, insert funds pursuant to section 201(a), targets.
the following provision: solely for purposes of demonstrating I thank the manager of the bill, and
( ) STINGER ELECTRONIC SECURITY and testing alternative electronic
SYSTEM.-Of the funds appropriated pursu- safety devices that can be installed or Particularly the Senator presiding,
ant to Section 201(a)(1)(A), not less than retrofitted on Stinger air defense mis- and my colleague from Arizona for
$4,000,000 shall be available solely for pur- siles in both basic and reprogramma- considering this amendment.
poses.of demonstrating and testing alterna- ble microprocessor configurations. The Mr. McCAIN. Mr. President, I rise in
tive electronic safety devices that can be in- results of the demonstration and test- support of the amendment by my good
stalled or retrofitted on Stinger air defense ing on the basic configuration for friend, Senator DECONCINI, the senior
missiles in both the basic Stinger configura- Senator from Arizona. I think it is well
tion and the reprogrammable. microproces- Stinger shall be summarized and re-
sor configuration. The results of demonstra- ported not later than July 1, 1988, and to note that he has been concerned
tion and testing on the basic Stinger config- the results for the reprogrammable about this issue for some years, and I
uration shall be summarized and reported to microprocessor configuration not later think his concern, frankly, Mr. Presi-
the Congress not later than July 1, 1988,. than January 1, 1989. dent, is very well founded. This kind
and the results on the reprogrammable mi- Last year Congress provided $1 mil- of a weapon in the hands of terrorists
croprocessor configuration not later than lion to study the feasibility of develop- can wreak unbelievable havoc. I am re-
January 1, 1989. . ing electronic safety devices for the minded of a few years ago when there
Mr. DECONCINI. Mr. President, this Stinger. As I have argued on the floor was an apartment in Rome near the
amendment is rather. simple and numerous times, this concern for airport that had been occupied by ter-
straightforward, and reflects the long- safety measures comes directly from rorists, and those terrorists were in
standing interest of many Senators in the possibility that Stingers could fall possession of a very rudamentary mis-
the issue of Stinger missiles' security into the wrong hands, into the hands sile which was not nearly of the so-
protection or lack thereof. of terrorists, into the hands of en- phistication nor the capabilities of the
This amendment is cosponsored by emies that would use them some day, missile about which we are talking
the distinguished floor managers of God forbid, against our own forces. here.
the bill, Senator NUNN and Senator This is high technology as we know I think there is very little doubt that
WARNER. and there is a great proliferation of history shows us that over time any
Mr. President, I would like to thank this particular weapon system today new weapon, no matter how carefully
both Senators and their staffs for by our country. guarded or how. careful the owner is in
working with me and my staff on this Consequently, in following through the dispensation of that weapon,
very important matter that I have on last year's directions from Con- sooner or later will come to wide-
been concerned with for several years. gress, the Army did let a contract to spread use. I see no reason why that
I would also like to take this oppor- General Dynamics, the manufacturer would not be the case with the Stinger
tunity to commend the diligent efforts of the Stinger, to conduct the study. missile. This missile, as I said, in the
of the Armed Services Committee on Two other companies have also initiat- hands of the wrong people, can cause
both sides of the aisle. There has been. ed proposals to address the safeguard- incredible damage to the lives and
a long, hard struggle here. There are ing issue. The Army has issued a con- property of innocent civilians.
so many important things in this bill. tract to General Dynamics to exhibit I think it is very clear as recently as
Senator NUNN and Senator WARNER, such a requirement on the Stinger but a couple nights ago from the speech of
with their leadership, and that of my has failed to release funds to address the President of Iran at the United
distinguished colleague from Arizona the need of that contract. So that is Nations that there are people in this
and the distinguished Presiding Offi- like saying it is a good idea but we are world who would seek to inflict
cer, have been very instrumental in not going to do it. damage, death, and injury to Ameri-
writing this bill which is so important I have monitored the situation over can citizens in response to either real
for the institution of the Senate as for the last year and I have been very dis- or perceived acts on the part of the
the U.S. national security. pleased with the foot-dragging of the United States Government.
As a member of the Appropriations Army and the reluctance to move for- (Mr. DECONCINI assumed the
Committee, I thoroughly recognize ward on what Congress directed them chair.)
the vital need for this body to author- to do. Mr. McCAIN. I think it is clear the
ize defense spending. While I am not endorsing nor am I paper studies indicate there are two
Additionally, Mr. President, this bill advocating a particular system for potential technical approaches, nei-
contains many important provisions safeguarding the Stinger or whether ther of which have been demonstrat-
and recommends prudent spending or not we can devise such a system ed. The Army indicates and has made
levels. Programs such as the Apache that will protect the Stinger from a strong case that there is a strong
helicopter are strongly supported, es- being disarmed if captured, I am sup- possibility additional funds and addi-
pecially in light of an impending zero- porting money directed at such re- tional time-they are talking roughly
zero option between the United States search and such development and to of 10 months-may be required to fix
and the Soviet Union, which makes test it and to see potentially if this can one of the models of the Stinger mis-
conventional weapons a crucial vari- be properly implemented. As we have sile. It is clear that the Army did let a
able in Europe. Also, this bill contains read in the press lately, the Stinger is contract to conduct such a study some
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September 24, 1987 CONGRESSIONAL RECORD -. SENATE
minish their sense of outrage at this I suggest the absence of a quorum, toward achieving the goals described in
recent spying by the Soviet Union. The PRESIDING OFFICER. The paragraph (1).
But there are implications here that clerk will call the roll. (3) A 2-year, mutual moratorium on un-
need to be considered. And whether or The bill clerk proceeded to call the derground nuclear explosions above a verifi-
not this amendment passes tonight, I roll, able low-yield threshold would constitute a
would like the RECORD to reflect the Mr. HATFIELD. Mr. President, I ask good faith step toward tesila and the the Soviet
fact that at some time, in conference unamimous consent that the order for t ions the United VI of ofet Nonprolifera-
or era-
or elsewhere, we are going to have to the quorum call be rescinded. tion Treaty Unio Union undto pursue article
"effective measures
more sober thought to the con- , The PRESIDING OFFICER. With- relating to thece sation of the nuclear arms
sequences of canceling these two trea- out objection, it is so ordered, race at an early date" and under article I of
ties. Mr. HATFIELD. Mr. President, a the Limited Test Ban Treaty to seek "the
This amendment does. not require parliamentary inquiry, permanent banning of all nuclear test ex-
the new Embassy in Moscow to be torn The PRESIDING OFFICER. The plosions, including all such explosions un-
down. That matter is under careful Senator will state it. derground."
consideration by the administration, Mr. HATFIELD. Mr. President, I be- (4) A level of weapon reliability sufficient
which has requested expert advice deter the use of nuclear stockpiles can be
lieve there is a time agreement on the maintained at a greatly reduced
?.. ~~ u++ucig,vuaiu siuuieN.r LeSLmg. is sions.
careful thought as to what should be that correct? (5) The task of monitoring the yields of
done about the Embassy there and the The PRESIDING OFFICER. The explosions for compliance with a low.
treaties. agreement provides for a time limit on threshold moratorium can be made consid-
Over the August recess I traveled to such an amendment of 2 hours equally erably easier by limiting test explosions to
Moscow and had the opportunity to divided. one small test area composed of strong-cou-
view
pling the Embassy complex and discuss rock, thereby allowing detection-iden-
vi esit the Em with cos personnel and there. Mr. HATFIELD. I thank the Chair. tification of any off-site nuclear explosion,
I light of that , I hape two on el there. AMENDMENT NO. 729 regardless of yield, to serve as sufficient evi-
. of t of all, this have tobserva- s the (Purpose: To impose certain limitations on dence of violation of the moratorium.
In l
President's desk. We should allow him underground nuclear testing) (6) A 2-year moratorium on any under
mendation, and then let's discuss it.
Second, we have moved 175 families
into the compound in Moscow. The
Soviets have moved into the living
quarters of the compound at Mount
Alto. At the present time, neither
chancery building is occupied.
The effect of canceling these trea-
ties would be that all of these families
would have to move out. Well, what
difference does it make to the Soviet
Union if they have to move their
people out? This does not present a
large problem for the Soviet families
currently living at Mount Alto. They
can go to Chevy Chase, the can go on
an open market to obtain their living-
accommodations. But in the Soviet
Union, the situation is entirely, differ-
ent. Our people would simply be dev-
astated. In that country, the Govern-
ment controls all housing. Our people
would have to take whatever accom-
modations the Soviet Union gave
them.
I can tell you right now that the
morale of the personnel of the Ameri-
send an amendment to the desk and
ask for its immediate consideration.
The PRESIDING OFFICER. The
Senator will have to obtain unanimous
consent to set aside the pending
amendment.
Mr. HATFIELD. Mr. President, I ask
unanimous consent that the pending
amendment be temporarily set aside.
The PRESIDING OFFICER. Is
there objection? Without objection, it
is so ordered.
The clerk will report.
The bill cleark read as follows:
The Senator from Oregon [Mr. HATFIELD]
(for himself, Mr. KENNEDY, Mr. CRANSTON,
Mr. WIRTH, Mr. DECoNCINI, Mr. PELL, Mr.
STAFFORD, Mr. DANFORTH, Mr. SPECTER, Mr.
MATSUNAGA, Mr. LEAHY, Mr. PROXMIRE, Mr.
DASCHLE, Mr. KERRY, Mr. MITCHELL, Mr.
SIMON, Mr. HARKIN, Ms. MIKULSKI, Mr.
CONRAD, Mr. BAUCUS, Mr. BURDICK, Mr.
RIEGLE, Mr. LEvIN, Mr. MELCHER, Mr. METz-
ENBAUM, Mr. SARBANES, Mr. SANFORD, Mr.
LAUTENBERG, Mr. WEICKER, Mr. FbwLER, Mr.
BUMPERS, Mr. INOUYE, Mr. ADAMS, and Mr.
MOYNIHAN) proposes an amendment num-
bered 729.
can Embassy in the Soviet Union Mr. HATFIELD. Mr. President, I ask
would plummet. If we forced all of unanimous consent that further read-
those people who have finally found mg of the amendment be dispensed
suitable living conditions, where their with,
children can go to day schools, where The PRESIDING OFFICER. With-
they can have educational opportuni- out objection, it is so ordered.
ties and recreational facilities, if we The amendment is as follows:
move them out in this kind of hasty On page 114, between lines 13 and 14,
action, the morale there will not be up insert the following new section:
to what it has to be if we are to main- SEC. 812. UNDERGROUND NUCLEAR TESTING
taro the kind of presence that we need (a) FINDINGS.-The Congress makes the
to maintain in Moscow. following findings:
United
So I hope that we could leave the States (1) ) The would d b be served e b b interest yst the e the achievement
achievement
careful determination of this to a of mutual, verifiable nuclear arms reduc-
hearing of the Foreign Relations Com- tions with the Soviet Union and by mutual,
mittee. I think this is the kind of issue verifiable limits on the number and yield of
that needs to be carefully studied and future underground nuclear explosions con-
decided. I hope that we do not vote ducted by both nations.
hastily on a course of action that will (2) A 2-year, mutual moratorium by the
have such drastic consequences for our United States and the Soviet Union on vir-
tually all under
r
d
l
g
oun
nuc
ear explosions
eople in Moscow. above a verifiable low-yield threshold would
I yield the floor. be a crucial first step by both nations
verified with a high degree of confidence if
the current external seismic monitoring net-
work were supplemented by three in-coun-
try networks, each composed of four sta-
tions, deployed in the vicinity of each na-
tion's primary test site and in regions where
peaceful nuclear explosions may have cre-
ated suitable decoupling cavities in thick
salt deposits.
(7) A joint research project between the
United States and the Soviet Union to de-
termine the number, type, and locations of
additional in-country seismic monitoring
stations necessary to verify long-term com-
pliance with the limitations of a low-thresh-
old test ban treaty would contribute signifi-
cantly to the prospect of concluding such a
treaty in the future.
(b) LIMITATIONS ON NUCLEAR TESTING.-(1)
Subject to paragraph (2), during the 2-year
period beginning 270 days after the date of
the enactment of this Act, funds may not be
obligated or expended by any department or
agency to conduct an underground nuclear
explosion-
(A) with a yield greater than one kiloton,
except for two designated test explosions,
each with a yield not exceeding 15 kilotons;
(B) in weak-coupling geologic media;
(C) at a location that is not part of a
single designated test area; and
(D) unless a public announcement of a
proposed explosion has been made at least
30 days before the date of the explosion.
(2) The restriction in paragraph (1) shall
cease to apply if-
(A) after the restriction has become effec-
tive, the President certifies to Congress that
the Soviet Union-
(s) has conducted an underground nuclear
explosion having a joint seismic yield esti-
mate which indicates a yield greater than
one kiloton, except for two designated ex-
plosions with a joint seismic yield estimate
Indicating a yield not greater than 15 kilo-
tons;
(ii) has conducted an underground nuclear
explosion in weak-coupling geologic media;
or
(iii) has conducted an underground nucle-
ar explosion at a location that is not part of
a single designated test area; or
(B)(i) the President certifies to Congress
that the Soviet Union has refused, after the
restriction has become effective, to imple-
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S 12650
CONGRESSIONAL RECORD - SENATE
ment reciprocal, in-country monitoring ar-
rangements; and
(ii) Congress has enacted a joint resolu-
tion approving such certification.
(c) TERMINATION FOR CERTAIN NEW AGREE-
MENTS.-The restrictions on testing con-
tained in subsection (b) shall cease to apply
if supplanted by an agreement, accord, or
treaty between the United States and the
Soviet Union which makes reductions in the
number or yield of underground nuclear ex-
plosions permitted under treaties between
the United States and the Soviet Union
signed before January 1, 1987.
(d) DEFINITIONS.-For purposes of this sec-
tion:
(1) The term "designated test area" means
an area not exceeding 100 square kilometers
within the Soviet Union or the United
States, as the case may be, which-
(A) is located within the boundaries of a
single existing nuclear weapons testing site
in each country;
(B) incorporates competent or water-satu-
rated strong-coupling rock that does not
contain closely spaced underground tunnels
or a cavity with a radius greater than 20
meters; and
(C) has been the site, before the effective
date of the testing restrictions specified in
this Act, of five nuclear calibration explo-
sions having a range of of independently de-
termined yields, conducted for the primary
purpose of improving the accuracy of seis-
mic monitoring techniques, without the use
of diagnostic equipment, except equipment
for a Continuous Reflectometry for Radius
versus Time Experiment (CORRTEX), or
any other method of ascertaining the yield
of explosions which is mutually agreeable to
the United States and the Soviet Union.
(2) The term "joint seismic yield esti-
mate" means a composite estimate at a high
confidence level which-
(A) is based on the concurrent employ-
ment of several independent methods for
calculating yields of explosions at designat-
ed test sites using different seismic waves
from an underground nuclear explosion;
and
(B) has been the subject of a technical
report, provided in both classified and un-
classified form to the Committees on Armed
Services and on Foreign Affairs of the
House of Representatives, the Permanent
Select Committee on Intelligence of the
House of Representatives, the Committee
on Armed Services and on Foreign Relations
of the Senate, and the Select Committee on
Intelligence of the Senate, conducted by a
scientific review panel convened under the
auspices of the National Academy of Sci-
ences and comprised of ten highly qualified
seismologists designated as follows:
(i) one by the Chairman of the Select
Committee on Intelligence of the Senate;
(ii) one by the Chairman of the Perma-
nent Select Committee on Intelligence of
the House of Representatives;
(iii) one by the head of the Air Force
Technical Applications Center;
(iv) one by the Director of the Defense In-
telligence Agency;
(v) one by the Director of Central Intelli-
gence;
(vi) one by the head of the Defense Ad-
vanced Research Projects Agency;
(vii) one jointly by the directors of the na-
tional weapons laboratories;
(viii) one by the Director of the Geological
Survey;
(ix) one by the Director of the Office of
Technology Assessment; and
(x) one by the President of the National
Academy of Sciences.
(3) The term "reciprocal, in-country moni-
toring arrangements" means arrangements
between the United States and the Soviet
Union to supplement national technical
means of verification through-
(A) the conduct by either country of up to
six on-site inspections on the national terri-
tory of the other, each of which shall be al-
lowed to commence within 10 days after the
day on which either nation has presented to
the other a formal request demonstrating
the need for additional information to iden-
tify a specific ambiguous event or activity
related to apparent violations of the restric-
tions specified in subsection (b)(1);
(B) designation by each country, not later
than 30 days after the date of enactment of
this Act, of a candidate designated test area,
followed by an independent inspection by
the monitoring country, beginning not later
than 60 days after the date of enactment of
this Act and ending not later than 180 days
after such date, of-
(i) the geologic and material properties
within each candidate designated test area,
including the presence and disposition of
any underground tunnels and cavities; and
(ii) complete drill cores and logs from five
calibration test holes of appropriate depth
within each candidate designated test area,
the drilling of which has been observed and
the locations of which have been selected by
the side monitoring that area;
(C) the provision of at least 30 days ad-
vance notice of-
(1) the scheduled date, time, depth, and co-
ordinates for each nuclear test explosion of
one kiloton or less;
(ii) the scheduled date, time, depth, and
coordinates for not more than two explo-
sions, each with a planned yield in excess of
one kiloton, but not exceeding 15 kilotons;
and
(iii) the coordinates, dates, times, and
yields of industrial explosions larger than 20
tons of high explosive to be conducted
within the nuclear test-capable areas de-
fined in clause (D);
(D) the emplacement by each country, on
the national territory of the other, of twelve
high performance seismic stations (four
bore-hole instrument packages sited within
1,500 kilometers of each designated test
area and eight additional seismic stations in
regions where peaceful nuclear explosions
may have created suitable decoupling cav-
ities in thick salt deposits) such that the
combined internal and external seismic
monitoring network of each nation will be
capable of detecting and identifying all nu-
clear explosions with yields exceeding one
kiloton-
(i) at known nuclear weapons tests sites of
the other country; and
(ii) at sites in the other country having a
current capability to accommodate a decou-
pled nuclear explosion with a yield exceed-
ing one kiloton; and
(E) the conduct of a joint verification
study by experts on nuclear test verification
techniques from both the United States and
the Soviet Union for the purpose of deter-
mining the number and locations in both
countries of additional in-country seismic
monitoring stations needed to monitor long-
term compliance with the terms of a low-
yield threshold test ban treaty.
(e) SPECIAL PROCEDURES FOR CONSIDERING
LEGISLATION APPROVING PRESIDENTIAL CERTI-
FICATION.-(1) For the purpose of expediting
the consideration of a joint resolution re-
ferred to in subsection (b)(2)(B)(ii), the pro-
cedures specified in paragraph (2) of this
subsection shall apply.
(2)(A) For the purposes of subsection
(b)(2)(B)(ii), "joint resolution" means only a
joint resolution introduced after the date on
which a certification by the President under
such subsection is received by Congress the
matter after the resolving clause of which is
as follows: "That Congress approves the cer-
September 24, 1987
tification made by the President, dated
, with respect to the refusal
of the Soviet Union to implement recipro-
cal, in-country monitoring arrangements in
connection with underground nuclear test-
ing.", the blank space therein being filled
with the appropriate date.
(B) A resolution described in subpara-
graph (A) introduced in the House of Repre-
sentatives shall be referred to the Commit-
tee on Armed Services of the House of Rep-
resentatives. A resolution described in sub-
paragraph (A) introduced in the Senate
shall be referred to the Committee on
Armed Services of the Senate. Such a reso-
lution may not be reported before the 8th
day after its introduction.
(C) If the committee to which is referred a
resolution described in subparagraph (A)
has not reported such resolution (or an
identical resolution) at the end of 15 calen-
dar days after its introduction, such com-
mittee shall be deemed to be discharged
from further consideration of such resolu-
tion and such resolution shall be placed on
the appropriate calendar of the House in-
volved.
(D)(i) When the committee to which a res-
olution is referred has reported, or has been
deemed to be discharged (under subpara-
graph (C)) from further consideration of, a
resolution described in subparagraph (A), it
is at any time thereafter in order (even
though a previous motion to the same effect
has been disagreed to) for any Member of
the respective House to move to proceed to
the consideration of the resolution, and all
points of order against the resolution (and
against consideration of the resolution) are
waived. The motion is highly privileged in
the House of Representatives and is privi-
leged in the Senate and is not debatable.
The motion is not subject to amendment, or
to a motion to postpone, or to a motion to
proceed to the consideration of other busi-
ness. A motion to reconsider the vote by
which the motion is agreed to or disagreed
to shall not be in order. If a motion to pro-
ceed to the consideration of the resolution
is agreed to, the resolution shall remain the
unfinished business of the respective House
until disposed of.
(ii) Debate on the resolution, and on all
debatable motions and appeals in connec-
tion therewith, shall be limited to not more
than 10 hours, which shall be divided equal-
ly between those favoring and those oppos-
ing the resolution. A motion further to limit
debate is in order and not debatable. An
amendment to, or a motion to postpone, or a
motion to proceed to the consideration of
other business, or a motion to recommit the
resolution is not in order. A motion to re-
consider the vote by which the resolution is
agreed to or disagreed to is not in order.
(iii) Immediately following the conclusion
of the debate on a resolution described in
subparagraph (A), and a single quorum call
at the conclusion of the debate if requested
in accordance with the rules of the appro-
priate House, the vote on final passage of
the resolution shall occur.
(iv) Appeals from the decisions of the
Chair relating to the application of the
rules of the Senate or the House of Repre-
sentatives, as the case may be, to the proce-
dure relating to a resolution described in
subparagraph (A) shall be decided without
debate.
(v) If, before the passage by one House of
a resolution of that House described in sub-
paragraph (A), that House receives from the
other House a resolution described in sub-
paragraph (A), then the following proce-
dures shall apply:
(i) The resolution of the other House shall
not be referred to a committee.
Declassified and Approved For Release 2012/12/28: CIA-RDP89T00234R000100060017-3