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,
H 5356 CONGRESSIONAL RECORD—HOUSE May 18, 1995

the Fairport National Fish Hatchery

Conveyance; and H.R., 535, the Corning

National Fish Hatchery Conveyance.

We then plan to take up the rule and

begin consideration of H.R. 1561, the

American Overseas Interest Act.

On Wednesday and Thursday, the

House will meet at 10 a.m. to continue

consideration of H.R. 1561. We intend to

finish H.R. 1561 on Thursday afternoon,

and it is our hope to have Members on

their way home to their families and

their districts for the Memorial Day

district work period by 3 p.m., Thursday.

The House will not be in session on

Friday.

Mr. GEPHARDT. I would say to the

gentleman I know of his interest in fish

hatcheries and trying to improve fishing conditions all over the country. So

I know of the importance of this legislation to the gentleman and to other

people who are so interested around

the country.

I would like to ask when the first

vote would be expected on Tuesday, approximately what time?

Mr. ARMEY. I thank the gentleman.

We are instructing people to be prepared for a vote as early as 12 o’clock

on Tuesday next.

Mr. GEPHARDT. I would like to ask

the gentleman if he could advise us

when the last vote might be expected

on Tuesday.

Mr. ARMEY. Tuesday evening we expect the last vote to be between 6 and

6:30.

Mr. GEPHARDT. I thank the gentleman. Could you also advise us what

rule he would expect on the American

Overseas Interest Act?

Mr. ARMEY. The Committee on

Rules will meet on Monday. We anticipate a time-structured rule, but one

that is as open as possible for the benefit of our Members.

Mr. GEPHARDT. And, finally, I

would ask the majority leader, when

we return from the Memorial Day recess, will we return for votes on Monday, June 5, or do you think it will be

on Tuesday, June 6?

Mr. ARMEY. I appreciate the gentleman’s interest. We have not yet resolved that, and the gentleman is correct to make the inquiry. We will try

to get that resolved and announce it

next week.

Mr. GEPHARDT. I thank the gentleman.

ADJOURNMENT OF THE HOUSE

UNTIL MONDAY, MAY 22, 1995

fMr. ARMEY. Mr. Speaker, I ask

unanimous consent that when the

House adjourns today, it adjourn to

meet at noon on Monday next.

The SPEAKER pro tempore. Is there

objection to the request of the gentleman from Texas?

HOUR OF MEETING ON TUESDAY,

There was no objection.

MAY 23, 1995

fMr. ARMEY. Mr. Speaker, I ask

unanimous consent that when the

House adjourns on Monday, May 22,

1995, it adjourn to meet at 10:30 a.m. on

Tuesday, May 23, for morning hour debates.

The SPEAKER pro tempore. Is there

objection to the request of the gentleman from Texas?

DISPENSING WITH CALENDAR

There was no objection.

WEDNESDAY BUSINESS ON

fWEDNESDAY NEXT

Mr. ARMEY. Mr. Speaker, I ask

unanimous consent that the business

in order under the Calendar Wednesday

rule be dispensed with on Wednesday

next.

The SPEAKER pro tempore. Is there

objection to the request of the gentleman from Texas?

REPORT ON NATIONAL EMERThere was no objection.

GENCY WITH RESPECT TO IRAN—

fMESSAGE FROM THE PRESIDENT

OF THE UNITED STATES (H. DOC.

NO. 104–77)

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:

I hereby report to the Congress on

developments since the last Presidential report on November 18, 1994,

concerning the national emergency

with respect to Iran that was declared

in Executive Order No. 12170 of November 14, 1979, and matters relating to Executive Order No. 12613 of October 29,

1987. This report is submitted pursuant

to section 204(c) of the International

Emergency Economic Powers Act, 50

U.S.C. 1703(c), and section 505(c) of the

International Security and Development Cooperation Act of 1985, 22 U.S.C.

2349aa–9(c). This report covers events

through April 18, 1995. It discusses only

matters concerning the national emergency with respect to Iran that was declared in Executive Order No. 12170 and

matters relating to Executive Order

No. 12613. Matters relating to the

March 15, 1995, Executive Order regarding a ban on investment in the petroleum sector, and the May 6, 1995, Executive Order regarding new trade sanctions, will be covered in separate reports. My last report, dated November

18, 1994, covered events through October 18, 1994.

1. There have been no amendments to

the Iranian Transactions Regulations,

31 CFR Part 560, or to the Iranian Assets Control Regulations, 31 CFR Part

535, since the last report.

2. The Office of Foreign Assets Control (‘‘OFAC’’) of the Department of

the Treasury continues to process applications for import licenses under the

Iranian Transactions Regulations.

However, a substantial majority of

such applications are determined to be

ineligible for licensing and, consequently, are denied.

During the reporting period, the U.S.

Customs Service has continued to effect numerous seizures of Iranian-origin merchandise, primarily carpets, for

violation of the import prohibitions of

the Iranian Transactions Regulations.

OFAC and Customs Service investigations of these violations have resulted

in forfeiture actions and the imposition

of civil monetary penalties. Additional

forfeiture and civil penalty actions are

under review.

3. The Iran-United States Claims Tribunal (the ‘‘Tribunal’’), established at

The Hague pursuant to the Algiers Accords, continues to make progress in

arbitrating the claims before it. However, since my last report, the Tribunal

has not rendered any awards although

payments were received by claimants

in late November for awards rendered

during the prior reporting period.

Thus, the total number of awards remains at 557. Of this total, 373 have

been awards in favor of American

claimants. Two hundred twenty-five

(225) of these were awards on agreed

terms, authorizing and approving payment of settlements negotiated by the

parties, and 150 were decisions adjudicated on the merits. The Tribunal

has issued 38 decisions dismissing

claims on the merits and 85 decisions

dismissing claims for jurisdictional

reasons. Of the 59 remaining awards,

three approved the withdrawal of cases

and 56 were in favor of Iranian claimants. As of April 18, 1995, the Federal

Reserve Bank of New York reported

that the value of awards to successful

American claimants for the Security

Account held by the NV Settlement

Bank stood at $2,365,160,410.39.

Iran has not replenished the Security

Account since October 8, 1992, and the

Account has remained continuously

below the balance of $500 million required by the Algiers Accords since November 5, 1992. As of April 10, 1995, the

total amount in the Security Account

was $191,219,759.23, and the total

amount in the Interest Account was

$24,959,218.79.

The United States continues to pursue Case A/28, filed in September 1993,

to require Iran to meet its obligations

under the Algiers Accords to replenish

the Security Account. Iran has yet to

file its Statement of Defense in that

case.

4. The Department of State continues

to present United States Government

claims against Iran, in coordination

with concerned government agencies,

and to respond to claims brought

against the United States by Iran.

On April 18, 1995, the United States

filed the first of two parts of its consolidated submission on the merits in

Case B/61. Case B/61 involves a claim by

Iran for compensation with respect to