H 5354 CONGRESSIONAL RECORD—HOUSE May 18, 1995

Dreier

Duncan

Dunn

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Gingrich

Goodlatte

Goodling

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Metcalf

Meyers

Mica

Miller (FL)

Molinari

Montgomery

Moorhead

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Petri

Pombo

Porter

Portman

Pryce

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roth

Roukema

Royce

Salmon

Sanford

Saxton

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Skeen

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Spence

Stearns

Stockman

Stump

Talent

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Upton

Visclosky

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—189

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barcia

Barrett (WI)

Becerra

Beilenson

Bentsen

Bevill

Bishop

Bonior

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Chapman

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Conyers

Costello

Coyne

Cramer

Danner

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Doyle

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Fazio

Fields (LA)

Filner

Flake

Foglietta

Ford

Frank (MA)

Frost

Furse

Gejdenson

Gephardt

Gibbons

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hall (TX)

Hamilton

Harman

Hastings (FL)

Hefner

Hilliard

Hinchey

Holden

Hoyer

Jackson-Lee

Jefferson

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Klink

LaFalce

Lantos

LaTourette

Levin

Lewis (GA)

Lincoln

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

Meehan

Meek

Menendez

Mfume

Miller (CA)

Mineta

Minge

Mink

Moakley

Mollohan

Moran

Murtha

Nadler

Neal

Oberstar

Obey

Olver

Ortiz

Orton

Owens

Pallone

Pastor

Payne (VA)

Pelosi

Peterson (MN)

Pickett

Pomeroy

Poshard

Rahall

Rangel

Reed

Reynolds

Richardson

Rivers

Roemer

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Scarborough

Schroeder

Schumer

Scott

Serrano

Sisisky

Skaggs

Skelton

Slaughter

Souder

Spratt

Stark

Stokes

Studds

Stupak

Tanner

Tejeda

Thompson

Thornton

Thurman

Torres

Torricelli

Towns

Traficant

Velazquez

Vento

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

NOT VOTING—11

Berman

Jacobs

King

Kleczka

McNulty

Payne (NJ)

Peterson (FL)

Quillen

Stenholm

Tucker

Weldon (FL)

b 1852

The Clerk announced the following

pair:

On this vote:

Mr. Weldon of Florida for, with Mr. McNulty against.

So the conference report was agreed

to.

The result of the vote was announced

as above recorded.

A motion to reconsider was laid on

the table.

REPORT ON NATIONAL EMERGENCY WITH RESPECT TO PROfLIFERATION OF NUCLEAR, BIOLOGICAL AND CHEMICAL WEAPONS AND THEIR MEANS OF DELIVERY—MESSAGE FROM THE

PRESIDENT OF THE UNITED

STATES—(H. DOC. NO. 104–76)

The SPEAKER pro tempore [Mr.

WALKER] laid before the House the following message from the President of

the United States; which was read and,

without objection, referred to the Committee on International Relations and

ordered to be printed:

To the Congress of the United States:

On November 14, 1994, in light of the

dangers of the proliferation of nuclear,

biological, and chemical weapons and

their means of delivery (‘‘weapons of

mass destruction’’), I issued Executive

Order No. 12938 and declared a national

emergency under the International

Emergency Economic Powers Act (50

U.S.C. 1701 et seq.).

As I described in the report transmitting Executive Order No. 12938, the new

Executive order consolidated the functions of and revoked Executive Order

No. 12735 of November 16, 1990, which

declared a national emergency with respect to the proliferation of chemical

and biological weapons, and Executive

Order No. 12930 of September 29, 1994,

which declared a national emergency

with respect to nuclear, biological, and

chemical weapons, and their means of

delivery. The new Executive order also

expanded certain existing authorities

in order to strengthen the U.S. ability

to respond to proliferation problems.

The following report is made pursuant to section 204 of the International

Emergency Economic Powers Act and

section 401(c) of the National Emergencies Act regarding activities taken

and money spent pursuant to the emergency declaration. Additional information on nuclear, missile, and/or chemical and biological weapons (CBW) nonproliferation efforts is contained in the

annual report on the proliferation of

missiles and essential components of

nuclear, biological, and chemical weapons, provided to the Congress pursuant

to section 1097 of the National Defense

Authorization Act for Fiscal Years 1992

and 1993 (Public Law 102–190), also

known as the ‘‘Nonproliferation Report,’’ and the annual report provided

to the Congress pursuant to section 308

of the Chemical and Biological Weapons Control and Warfare Elimination

Act of 1991 (Public Law 102–182).

The three export control regulations

issued under the Enhanced Proliferation Control Initiative (EPCI) are fully

in force and continue to be used to control the export of items with potential

use in chemical or biological weapons

or unmanned delivery systems for

weapons of mass destruction.

In the 6 months since I issued Executive Order No. 12938, the number of

countries that have ratified the Chemical Weapons Convention (CWC) has

reached 27 (out of 159 signatory countries). I am urging the Senate to give

its advice and consent to ratification

as soon as possible. The CWC is a critical element of U.S. nonproliferation

policy that will significantly enhance

our security and that of our friends and

allies. I believe that U.S. ratification

will help to encourage the ratification

process in other countries and, ultimately, the CWC’s entry into force.

The United States actively participates in the CWC Preparatory Commission in The Hague, the deliberative

body drafting administrative and implementing procedures for the CWC.

Last month, this body accepted the

U.S. offer of an information management system for the future Organization for the Prohibition of Chemical

Weapons that will implement the CWC.

The United States also is playing a

leading role in developing a training

program for international inspectors.

The United States strongly supports

international efforts to strengthen the

1972 Biological and Toxin Weapons Convention (BWC). In January 1995, the Ad

Hoc Group mandated by the September

1994 BWC Special Conference to draft a

legally binding instrument to strengthen the effectiveness and improve the

implementation of the BWC held its

first meeting. The Group agreed on a

program of work and schedule of substantive meetings, the first of which

will occur in July 1995. The United

States is pressing for completion of the

Ad Hoc Group’s work and consideration

of the legally binding instrument by
May 18, 1995 CONGRESSIONAL RECORD—HOUSE H 5355

the next BWC Review Conference in

1996.

The United States maintained its active participation in the 29-member

Australia Group (AG), which now includes the Czech Republic, Poland, Slovakia, and Romania. The AG

reaffirmed in December the members’

collective belief that full adherence to

the CWC and the BWC provides the

only means to achieve a permanent

global ban on CBW, and that all states

adhering to these Conventions have an

obligation to ensure that their national activities support these goals.

The AG also reiterated its conviction

that harmonized AG export licensing

measures are consistent with, and indeed actively support, the requirement

under Article I of the CWC that States

Parties never assist, in any way, the

manufacture of chemical weapons.

These measures also are consistent

with the undertaking in Article XI of

the CWC to facilitate the fullest possible exchange of chemical materials

and related information for purposes

not prohibited by the Convention, as

they focus solely on preventing assistance to activities banned under the

CWC. Similarly, such efforts also support existing nonproliferation obligations under the BWC.

The United States Government determined that three foreign nationals

(Luciano Moscatelli, Manfred Felber,

and Gerhard Merz) had engaged in

chemical weapons proliferation activities that required the imposition of

sanctions against them, effective on

November 19, 1994. Similar determinations were made against three foreign

companies (Asian Ways Limited,

Mainway International, and Worldco)

effective on February 18, 1995, and imposed sanctions against them. Additional information on these determinations is contained in a classified report

to the Congress, provided pursuant to

the Chemical and Biological Weapons

Control and Warfare Elimination Act

of 1991. The United States Government

continues to monitor closely activities

that may be subject to CBW sanctions

provisions.

The United States continued to control vigilantly U.S. exports that could

make a contribution to unmanned delivery systems for weapons of mass destruction, exercising restraint in considering all such transfers consistent

with the Guidelines of the Missile

Technology Control Regime (MTCR).

The MTCR Partners shared information not only with each other but with

other possible supplier, consumer, and

transshipment states about proliferation problems and also stressed the importance of implementing effective export control systems.

The United States initiated unilateral efforts and coordinated with

MTCR Partners in multilateral efforts,

aimed at combatting missile proliferation by nonmembers and at encouraging nonmembers to adopt responsible

export behavior and to adhere to the

MTCR Guidelines. On October 4, 1994,

the United States and China signed a

Joint Statement on Missile Nonproliferation in which China reiterated

its 1992 commitment to the MTCR

Guidelines and agreed to ban the export of ground-to-ground MTCR-class

missiles. In 1995, the United States met

bilaterally with Ukraine in January,

and with Russia in April, to discuss

missile nonproliferation and the implementation of the MTCR Guidelines. In

May 1995, the United States will participate with other MTCR Partners in

a regime approach to Ukraine to discuss missile nonproliferation and to

share information about the MTCR.

The United States actively encouraged its MTCR Partners and fellow AG

participants to adopt ‘‘catch-all’’ provisions, similar to that of the United

States and EPCI, for items not subject

to specific export controls. Austria,

Germany, Norway, and the United

Kingdom actually have such provisions

in place. The European Union (EU) issued a directive in 1994 calling on member countries to adopt ‘‘catch-all’’ controls. These controls will be implemented July 1, 1995. In line with this

harmonization move, several countries,

including European States that are not

actually members of the EU, have

adopted or are considering putting

similar provisions in place.

The United States has continued to

pursue this Administration’s nuclear

nonproliferation goals. More than 170

nations joined in the indefinite, unconditional extension of the Nuclear NonProliferation Treaty (NPT) on May 11,

1995. This historic decision strengthens

the security of all countries, nuclear

weapons states and nonweapons states

alike.

South Africa joined the Nuclear Suppliers Group (NSG), increasing NSG

membership to 31 countries. The NSG

held a plenary in Helsinki, April 5–7,

1995, which focused on membership issues and the NSG’s relationship to the

NPT Conference. A separate, dual-use

consultation meeting agreed upon 32

changes to the dual-use list.

Pursuant to section 401(c) of the National Emergencies Act, I report that

there were no expenses directly attributable to the exercise of authorities

conferred by the declaration of the national emergency in Executive Order

No. 12938 during the period from November 14, 1994, through May 14, 1995.

WILLIAM J. CLINTON.

THE WHITE H

fOUSE, May 18, 1995.

PERSONAL EXPLANATION

Mrs. COLLINS of Illinois. Mr. Speaker, I was unavoidably absent for votes

on May 10, 12, 16, and 17, and regretfully was not present for rollcall numbers 311, the rule under which H.R. 961,

the Clean Water Amendments of 1995

was considered; 312, the Saxton amendment in the nature of a substitute to

H.R. 961; 313, the Mineta amendment

striking various provisions in the bill

which allow waivers, exemptions, or

modifications of current Clean Water

Act requirements; 314, the Boehlert

amendment regarding the Coastal Zone

Management Program; 327, the Bateman substitute to the Lipinski amendment to change the formula for allocating sewage treatment plant construction funds; 328, the Lipinski

amendment changing the formula for

allocating Federal funds for sewage

treatment plant construction among

States; 330, to suspend the rules and

pass the bill H.R. 1590 to require the

Trustees of the Medicare trust funds to

report recommendations on resolving

projected financial imbalance in Medicare trust funds; 331, the Armey motion

to permit standing committees and

subcommittees to sit during proceeding

of the House under the 5-minute rule;

332, the Boehlert amendment to define

‘‘wetland’’ more broadly under the

Clean Water Act; 333, the Gilchrest

amendment to strike language establishing a new definition of what constitutes a wetland as well as its detailed wetlands classification system;

the Frelinghuysen amendment to allow

States that are administering their

own federally approved wetlands permit programs as of the date of enactment to continue administering their

own programs rather than the new program established in the bill; 335, the

Wyden amendment to provide that the

Federal Government would not have to

pay compensation for losses in property value caused by wetlands regulation in certain cases; 336, the Bonior

motion to recommit the bill H.R. 961

to the Committee on Transportation

and Infrastructure with instructions;

337, final passage of the bill H.R. 961,

the Clean Water Act Amendments of

1995; and 338 to approve the Journal of

Tuesday, May 16, 1995.

Had I been present I would have

voted ‘‘aye’’ on rollcall votes 311, 312,

313, and 314; ‘‘no’’ on 327; ‘‘aye’’ on 328;

‘‘no’’ on 330 and 331; ‘‘aye’’ on 332, 333,

334, 335, and 336; ‘‘no’’ on 337; and ‘‘yea’’

on 338.

(Mr. GEPHARDT asked and was

LEGISLATIVE PROGRAM

fgiven permission to address the House

for 1 minute.)

Mr. GEPHARDT. Mr. Speaker, I ask

for this time for the purpose of inquiring of the distinguished majority leader the schedule for next week.

Mr. ARMEY. Mr. Speaker, will the

gentleman yield?

Mr. GEPHARDT. I yield to the distinguished majority leader.

Mr. ARMEY. Mr. Speaker, I thank

the gentleman for yielding.

Mr. Speaker, the House will meet in

pro forma session on Monday, May 22.

There will be no recorded votes.

On Tuesday, the House will meet at

10:30 a.m. for morning hour and 12

o’clock noon for legislative business to

consider three bills under open rules

previously adopted by the House. The

bills are: H.R. 614, the New London

Fish Hatchery Conveyance; H.R. 584,