[Mr. Sasser assumed the chair.] Mr. CRANSTON. I announce that the Senator from South Dakota (Mr. Abourezk), the Senator from Arkansas (Mr. Bumpers), the Senator from Iowa (Mr. Clark), the Senator from Alaska (Mr. Gravel), the Senator from Montana (Mr. Paul G. Hatfield), and the Senator from Washington (Mr. Magnuson) are necessarily absent. I further announce that, if present and voting, the Senator from Iowa (Mr. Clark) and the Senator from Washington (Mr. Magnuson) would each vote "yea." Mr. STEVENS. I announce that the Senator from Tennessee (Mr. Baker), the Senator from Massachusetts (Mr. Brooke), the Senator from Kansas (Mr. Dole), the Senator from Utah (Mr. Hatch), the Senator from California (Mr. Hayakawa), the Senator from Kansas (Mr. Pearson), and the Senator from Connecticut (Mr. Weicker) are necessarily absent. I further announce that, if present and voting, the Senator from Utah (Mr. Hatch) would vote "nay." [The result was announced-yeas 54, nays 33, as follows:] [So the motion to lay on the table was agreed to.] Mr. CHURCH. Mr. President, I move to reconsider the vote by which the motion to lay on the table was agreed to. Mr. LEAHY. Mr. President, I move to lay that motion on the table. [The motion to lay on the table was agreed to.] THE PANAMA CANAL TREATY The Senate continued with the consideration of the Panama Canal Treaty. Mr. ROBERT C. BYRD. Mr. President, I hope that the respective cloakrooms will call Senators to tell them that if no amendments are called up in the relatively immediate future, the Chair will be asked to proceed on to article III. How much time have we spent in this present quorum call? The PRESIDING OFFICER. Fifteen minutes. Mr. ROBERT C. BYRD. Fifteen minutes on a quorum call. I think we have been in a state of absence of a quorum for longer, though, if I recall, so I hope that Senators will call up their amendments in view of the fact that we will vote on the treaty on the 18th and we will go out as the Committee of the Whole and go on to the Resolution of Ratification on the Friday preceding that Tuesday. Senators will want to have ample time to call up their amendments to all of the articles, and for the protection of the Senators who might be caught at the last minute desiring to call up amendments and no time remaining for debate, I hope that Senators who do have amendments at this point can come to the floor and call them up so as to make it equitable, fair, and just on all Senators. The PRESIDING OFFICER. The Chair is advised that there have been two 15-minute quorum calls. Mr. ROBERT C. BYRD. I thank the Chair. Mr. President, I suggest the absence of a quorum hoping that the cloakrooms will help us to get a Senator on the floor with an amendment to article II if there be such an amendment and if not, the Chair, I presume in due time, will proceed to article III. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. [The second assistant legislative clerk proceeded to call the roll.] Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that the order for a quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. ARTICLE III CANAL OPERATION AND MANAGEMENT Mr. ROBERT C. BYRD. Mr. President, may we proceed to article III and have the clerk state it? The PRESIDING OFFICER. The clerk will state article III. [The assistant legislative clerk proceeded to read article III.] Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that further reading of the article be dispensed with so that Senators may proceed to call up amendments thereto. The PRESIDING OFFICER. Without objection, it is so ordered. ARTICLE III CANAL OPERATION AND MANAGEMENT 1. The Republic of Panama, as territorial sovereign, grants to the United States of America the rights to manage, operate, and maintain the Panama Canal, its complementary works, installations and equipment and to provide for the orderly transit of vessels through the Panama Canal. The United States accepts the grant of such rights and undertakes to exercise them in accordance with this Treaty and related agreements. 2. In carrying out the foregoing responsibilities, the United States of America may: (a) Use for the aforementioned purposes, without cost except as provided in this Treaty, the various installations and areas (including the Panama Canal) and waters, described in the Agreement in Implementation of this Article, signed this date, as well as such other areas and installations as are made available to the United States of America under this Treaty and related agreements, and take the measures necessary to ensure sanitation of such areas; (b) Make such improvements and alterations to the aforesaid installations and areas as it deems appropriate, consistent with the terms of this Treaty; (c) Make and enforce all rules pertaining to the passage of vessels through the Canal and other rules with respect to navigation and maritime matters, in accordance with this Treaty and related agreements. The Republic of Panama will lend its cooperation, when necessary, in the enforcement of such rules; (d) Establish, modify, collect and retain tolls for the use of the Panama Canal, and other charges, and establish and modify methods of their assessment; (e) Regulate relations with employees of the United States Government; (f) Provide supporting services to facilitate the performance of its responsibilities under this Article; (g) Issue and enforce regulations for the effective exercise of the rights and responsibilities of the United States of America under this Treaty and related agreements. The Republic of Panama will lend its cooperation, when necessary, in the enforcement of such rules; and (h) Exercise any other right granted under this Treaty, or otherwise agreed upon between the two Parties. 3. Pursuant to the foregoing grant of rights, the United States of Americ. s all, in accordance with the terms of this Treaty and the provisions of United States law, carry out its responsibilities by means of a United States Government agency called the Panama Canal Commission, which shall be constituted by and in conformity with the laws of the United States of America. (a) The Panama Canal Commission shall be supervised by a Board composed of nine members, five of whom shall be nationals of the United States of America, and four of whom shall be Panamanian nationals proposed by the Republic of Panama for appointment to such positions by the United States of America in a timely manner. (b) Should the Republic of Panama request the United States of America to remove the Panamanian national from membership on the Board, the United States of America shall agree to such a request. In that event, the Republic of Panama shall propose another Panamanian national for appointment by the United States of America to such position in a timely manner. In case of removal of a Panamanian member of the Board at the initiative of the United States of America, both Parties will consult in advance in order to reach agreement concerning such removal, and the Republic of Panama shall propose another Panamanian national for appointment by the United States of America in his stead. (c) The United States of America shall employ a national of the United States of America as Administrator of the Panama Canal Commission, and a Panamanian national as Deputy Administrator, through December 31, 1989. Beginning January 1, 1990, a Panamanian national shall be employed as the Administrator and a national of the United States of America shall occupy the position of Deputy Administrator. Such Panamanian nationals shall be proposed to the United States of America by the Republic of Panama for appointment to such positions by the United States of America. (d) Should the United States of America remove the Panamanian national from his position as Deputy Administrator, or Administrator, the Republic of Panama shall propose another Panamanian national for appointment to such position by the United States of America. 4. An illustrative description of the activities the Panama Canal Commission will perform in carrying out the responsibilities and rights of the United States of America under this Article is set forth in the Annex. Also set forth in the Annex are procedures for discontinuance or transfer of those activities performed prior to the entry into force of this Treaty by the Panama Canal Company or the Canal Zone Government which are not to be carried out by the Panama Canal Commission. 5. The Panama Canal Commission shall reimburse the Republic of Panama for the costs incurred by the Republic of Panama in providing the following public services in the Canal operating areas and in housing areas set forth in the Agreement in Implementation of Article III of this Treaty and occupied by both United States and Panamanian citizen employees of the Panama Canal Commission: police, fire protection, street maintenance, street lighting, street cleaning, traffic management and garbage collection. The Panama Canal Commission shall pay the Republic of Panama the sum of ten million United States dollars ($10,000,000) per annum for the foregoing services. It is agreed that every three years from the date that this Treaty enters into force, the costs involved in furnishing said services shall be reexamined to determine whether adjustments of the annual payment should be made because of inflation and other relevant factors affecting, the cost of such services. 6. The Republic of Panama shall be responsible for providing, in all areas comprising the former Canal Zone, services of a general jurisdictional nature such as customs and immigration, postal service, courts and licensing, in accordance with this Treaty and related agreements. 7. The United States of America and the Republic of Panama shall establish a Panama Canal Consultative Committee, composed of an equal number of high-level representatives of the United States of America and the Republic of Panama, and which may appoint such subcommittees as it may deem appropriate. This committee shall advise the United States of America and the Republic of Panama on matters of policy affecting the Canal's operation. In view of both Parties' special interest in the continuity and efficiency of the Canal operation in the future, the Committee shall advise on matters such as general tolls policy, employment and training policies to increase the participation of Panamanian nationals in the operation of the Canal, and international policies on matters concerning the Canal. The Committee's recommendations shall be transmitted to the two Governments, which shall give such recommendations full consideration in the formulation of such policy decisions. 8. In addition to the participation of Panamanian nationals at birth, management levels of the Panama Canal Commission, as provided for in paragraph 3 of this Article, there shall be growing participation of Panamanian nationals at all other levels and areas of employment in the aforesaid Commission, with the objective of preparing, in an orderly and efficient fashion, for the assumption by the Republic of Panama of full responsibility for the management, operation and maintenance of the Canal upon the termination of this Treaty. 9. The use of the areas, waters and installations with respect to which the United States of America is granted rights pursuant to this Article, and the rights and legal status of United States Government agencies and employees operating in the Republic of Panama pursuant to this Article, shall be governed by the Agreement in Implementation of this Article, signed this date. 10. Upon entry into force of this Treaty, the United States Government agencies known as the Panama Canal Company and the Canal Zone Government shall cease to operate within the territory of the Republic of Panama that formerly constituted the Canal Zone. The PRESIDING OFFICER. The Senator from Alabama. UP AMENDMENT NO. 18 Mr. ALLEN. I send an amendment to the desk and ask that it be stated. The PRESIDING OFFICER. The clerk will report. [The assistant legislative clerk read as follows:] The Senator from Alabama (Mr. ALLEN) proposes an unprinted amendment numbered 18: Amend article III paragraph 3(a) by adding at the end thereof the following sentence "All of such members shall be confirmed by the United States Senate before entering upon the performance of their duties as such member." Mr. ALLEN. Mr. President, I have been absent from the Chamber for the last 45 or 50 minutes. I had been asked to address a large group of young people from all over the country. I might state that I found them somewhat more receptive to my views with respect to these treaties than have been the majority of the Members of the U.S. Senate. They looked with considerable more favor on the amendments that I have been offering than have the Members of the Senate who have, with great regularity, been voting against my amendments and amendments offered by other Senators, irrespective of their merits. I would have thought that there being a number of amendments at the desk, other Senators would have availed themselves of that opportunity of calling up their amendments to be acted upon here in the Senate. [Mr. Huddleston assumed the chair.] Mr. ALLEN. Be that as it may, the leadership has consistently insisted that there treaties be rubberstamped by the Senate. They have called upon the big majority of the Senators they have here in the Senate to vote down, without exception, the amendments offered by Senators who wished to strengthen there treaties or in the alternative to defeat them and, in doing so, Mr. President I feel that the leadership and the majority of the Senate, who are following the leadership, are causing the Senate go abdicate its great constitutional role of advising the President with respect to treaties that are submitted to the Senate for advice and consent or in the alternative advice and nonassent. In that regard, Mr. President, I believe we are making a grave mistake in failing to shape these treaties to provide for the strongest and best possible defense by the United States of the canal and the Canal Zone; that we are refusing to give adequate protection to the American taxpayer, and we are content to leave the taxpayer in the unenviable position not only of giving the canal away but to pay hundreds of millions of dollars to the Panamanians for taking the canal off our hands. There omissions or defects or shortcomings of the treaties could be-not just as to the treaty already approved-eliminated or greatly improved. But does the leadership advise the Members of the Senate to vote their convictions, to pay little or no heed to what they say are the views of the Panamanians with respect to amendments, and be interested only in making better treaties of these treaties providing for a more adequate defense of the canal after the year 2000, to protect the American taxpayer? These treaties, it is said, have been under negotiations for almost 13 years. Very little headway was made until the last 6 months, I believe, of the treaty negotiation when Mr. Linowitz was added as a negotiator, and I believe, under some obscure or possible littleused provision, he did not have to have Senate confirmation. He could have a 6-month appointment and avoid the requirement of Senate confirmation. Well, the report is, Mr. President, that things moved very rapidly in the last few days of that 6-month period of Mr. Linowitz's tenure |