S6908 CONGRESSIONAL RECORD — SENATE May 18, 1995

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

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

made 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.

MESSAGES FROM THE HOUSE

At 1;02 p.m., a message from the

House of Representatives, delivered by

Mr. Hays, one of its reading clerks, announced that the House has passed the

following bill, with an amendment, in

which it requests the concurrence of

the Senate:

S. 219. An act to ensure economy and efficiency of Federal Government operations by

establishing a moratorium on regulatory

rulemaking actions, and for other purposes.

The message also announced that the

House has passed the following bill,

with amendments, in which it requests

the concurrence of the Senate:

S. 4. An act to grant the power to the

President to reduce budget authority.

The message further announced that

pursuant to the provisions of 22 United

States Code 276d, the Speaker appoints

the following Members as members of

the United States delegation to attend

the meeting of the Canada-United

States Interparliamentary Group on

the part of the House: Mr. MANZULLO,

Chairman, Mr. LATHAM, Mr. CRAPO, Ms.

DUNN, Mr. ZIMMER, Mrs. JOHNSON of

Connecticut, Mr. GOODLING, Mr. JOHNSTON of Florida, Mr. DE LA GARZA, Mr.

GIBBONS, Ms. SLAUGHTER, and Mr.

MCNULTY.
May 18, 1995 CONGRESSIONAL RECORD — SENATE S6909

At 6:10 p.m., a message from the

House of Representatives, delivered by

Ms. Goetz, one of its reading clerks, announced that the House has the following bill, in which it requests the concurrence of the Senate:

H.R. 961. An act to amend the Federal

Water Pollution Control Act.

At 8:38 p.m., a message from the

House of Representatives, delivered by

Ms. Goetz, one of its reading clerks, announced that the House agrees to the

report of the committee on conference

on the disagreeing votes of the two

Houses on the amendment of the Senate to the bill (H.R. 1158) making emergency supplemental appropriations for

additional disaster assistance and making rescissions for the fiscal year ending September 30, 1995, and for other

purposes.

The following bill was read the first

MEASURES REFERRED

fand second times by unanimous consent and referred as indicated:

H.R. 961. An act to amend the Federal

Water Pollution Control Act; to the Committee on Environment and Public Works.

EXECUTIVE AND OTHER

COMMUNICATIONS

fThe following communications were

laid before the Senate, together with

accompanying papers, reports, and documents, which were referred as indicated:

EC–914. A communication from the Chairman of the Council of the District of Columbia, transmitting, pursuant to law, copies of

D.C. Act 11–39, adopted by the Council on

April 4, 1995; to the Committee on Governmental Affairs.

EC–915. A communication from the Administrator of the General Services Administration, transmitting, a draft of proposed legislation to amend the Federal Property and

Administrative Services Act of 1949, as

amended, to authorize Federal agencies to

use moneys received from user charges,

which exceed actual management costs, for

parking to fund alternatives to single-occupancy motor vehicle employee commuting;

to the Committee on Governmental Affairs.

EC–916. A communication from the Chairman of the Federal Trade Commission,

transmitting, pursuant to law, the 1994 annual report under the Government in the

Sunshine Act; to the Committee on Governmental Affairs.

EC–917. A communication from the Chair

of the Administrative Conference of the

United States, transmitting, pursuant to

law, a report relative to internal controls for

1994; to the Committee on Governmental Affairs.

EC–918. A communication from the Secretary of the Senate, transmitting, pursuant

to law, the report of the receipts and expenditures of the Senate; ordered to lie on the

table.

The following petitions and memoriPETITIONS AND MEMORIALS

fals were laid before the Senate and

were referred or ordered to lie on the

table as indicated:

POM–117. A resolution adopted by the Legislature of the State of Minnesota; to the

Committee on Appropriations.

‘‘RESOLUTION NO. 3

‘‘Whereas, the national railroad passenger

corporation, known as Amtrak, provides vitally important service to the people of Minnesota; and

‘‘Whereas, over 162,000 persons arrive and

depart from points in Minnesota using the

Amtrak system; and

‘‘Whereas, Amtrak provides necessary rail

connections between Minnesota and the rest

of the country; and

‘‘Whereas, Amtrak makes significant contributions to the Minnesota economy

through a payroll of over $3,000,000 in the

state and purchase of nearly $5,000,000 in supplies and equipment; and

‘‘Whereas, budget reductions for Amtrak

now being discussed in the Congress threaten

the existence of Amtrak as a national rail

system; and

‘‘Whereas, these budget reductions would

harm Minnesota through drastic reductions

in service and lost contributions to the

state’s economy; Now, therefore, be it

‘‘Resolved, by the Legislature of the State of

Minnesota, That Congress should provide

funding for the Amtrak system that would

allow it to continue as a true national system and continue to serve the people of Minnesota; and be it further

‘‘Resolved, That the Secretary of State of

Minnesota transmit enrolled copies of this

memorial to the President of the United

States, the President and Secretary of the

United States Senate, the Speaker and Clerk

of the United States House of Representatives, and to Minnesota’s Senators and Representatives in Congress.’’

POM–118. A joint resolution adopted by the

Legislature of the State of California; to the

Committee on Armed Services.

‘‘ASSEMBLY JOINT RESOLUTION NO. 9

‘‘Whereas, the United States Navy has occupied the site of the Naval Warfare Assessment Division in Norco, California since 1941;

and

‘‘Whereas, the Naval Warfare Assessment

Division has, since 1951, served the Navy as

an independent assessment agent to gauge

the war-fighting capacity of ships and aircraft, from unit to battlegroup level, by assessing the suitability of design, the performance of equipment and weapons, and the

adequacy of training; and

‘‘Whereas, the Naval Warfare Assessment

Division had its beginning in the Navy during a period when great advancements in

weapons technology were being developed

and introduced to the fleet; and

‘‘Whereas, these new technologies brought

with them problems in development, acquisition, operation, and support; and

‘‘Whereas, the Navy needed an unbiased resource with direct access to fleet users in

order to provide an objective assessment of

war-fighting capability, performance, and effects of improvements; and

‘‘Whereas, this independent, unbiased assessment has been honed over time into a

consolidated, centrally located, and fully integrated organization dedicated to provide

Navy and other Department of Defense

decisionmakers with critical, accurate, and

reliable information needed to improve the

war-fighting capability and readiness of U.S.

Armed Forces; and

‘‘Whereas, the threats and challenges facing the military today cannot be met using

the technology of yesterday; and

‘‘Whereas, the Naval Warfare Assessment

Division services focus on weapon and combat system performance, fleet training effectiveness, systems, and material quality and

these services are sponsored by more than

120 Navy, Marine Corps, Army, and Air Force

programs, and by other U.S. and foreign government agencies; and

‘‘Whereas, more than 3,500 government and

industry customers rely on the Naval Warfare Assessment Division for its expertise;

and

‘‘Whereas, the newly opened Warfare Assessment Laboratory in Norco has become

the focal point for integrated analysis that

electronically links analysts at the Norco

site with Navy firing ranges, ships at sea,

and aircraft or missiles in actual flight, allowing near real time access to data that

used to take weeks to obtain and compile;

and

‘‘Whereas, this laboratory is a unique facility that can support functions that no other

single facility in the United States can support such as Joint Service exercises, war

gaming, and simulation; and

‘‘Whereas, the central location of the

Naval Warfare Assessment Division in Norco

is ideal. The facility is in close proximity to

the San Diego Naval Complex, the Port Hueneme/Ventura plain Naval Complex, Camp

Pendleton, and China Lake. Furthermore,

the Naval Warfare Assessment Division is

independent of each of these other facilities;

and

‘‘Whereas, the Naval Warfare Assessment

Division contributes more than $149 million

to the region’s economy by employing more

than 1,000 people and by using more than 400

contractors and suppliers; and

‘‘Whereas, for all of the above reasons, the

Naval Warfare Assessment Division is of the

utmost importance in maintaining the preparedness of the armed forces for the defense

of the United States; Now, therefore, be it

‘‘Resolved by the Assembly and Senate of the

State of California, jointly, That the Legislature hereby memorializes the Base Realignment and Closure Commission, the President

and the Congress of the United States to provide for the continued operation of the Norco

Naval Warfare Assessment Division as an essential facility for the readiness and defense

of the United States; and be it further

‘‘Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to

the Base Realignment and Closure Commission, the President and Vice President of the

United States, to the Speaker of the House

of Representatives, and to each Senator and

Representatives from California in the Congress of the United States.’’

POM–119. A joint resolution adopted by the

Legislature of the State of Colorado; to the

Committee on Commerce, Science, and

Transportation.

‘‘HOUSE JOINT RESOLUTION 95–1005

‘‘Whereas, the United States Congress, in a

late amendment to the ‘‘Federal Aviation

Administration Authorization Act of 1994’’,

P.L. 103–305, preempted all state regulation

of the prices, routes, and service of motor

carriers of property operating in intrastate

commerce, effective January 1, 1995; and

‘‘Whereas, intrastate commerce by definition occurs wholly within the borders of a

state; and

‘‘Whereas, the Supreme Court of the United States declared as early as 1824 that under

the Commerce Clause, article I, section 8 of

the United States Constitution, ‘‘the completely internal commerce of a state, . . . ,

may be considered as reserved for the state

itself’’; and

‘‘Whereas, however broad Congress’s power

over interstate commerce may be, the inherent power of the states to govern their own

internal affairs remains unquestioned, and is

in fact guaranteed by the Tenth Amendment

to the United States Constitution; and