113.1 APPROVAL OF THE JOURNAL The SPEAKER pro tempore, Mrs. MORELLA, announced she had examined and approved the Journal of the proceedings of Tuesday, February 6, 1996. Pursuant to clause 1, rule I, the Journal was approved. 113.2 COMMUNICATIONS Executive and other communications, pursuant to clause 2, rule XXIV, were referred as follows: 2025. A communication from the President of the United States, transmitting his request to make available appropriations totaling $16,661,000 in budgetary authority for the emergency pest suppression fund of the Forest Service in the Department of Agriculture and to designate the amount made available as an emergency requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, pursuant to 31 U.S.C. 1107 (H. Doc. No. 104-171); to the Committee on Appropriations and ordered to be printed. 2026. A letter from the Under Secretary of Defense, transmitting a report of a violation of the Anti-Deficiency Act which occurred in the Headquarters, Air Force Center for Environmental Excellence, at Brooks Air Force Base, TX, pursuant to 31 U.S.C. 1517(b); to the Committee on Appropriations. 2027. A letter from the Secretary of the Army, transmitting his determination that it is in the public interest of the United States to award a particular contract without competition, pursuant to 10 U.S.C. 2304(c)(7); to the Committee on National Security. 2028. A letter from the Director of Defense Research and Engineering, Department of Defense, transmitting a report of Congress on the activities of the DOD Office of Technology Transition for the fiscal year 1995, pursuant to 10 U.S.C. 2515; to the Committee on National Security. 2029. A letter from the Assistant Secretary of Education, transmitting final prioritiesEarly Education Program for Children with Disabilities, Educational Media Research, Production, Distribution, and Training Program, Postsecondary Education Program for Individuals with Disabilities, Program for Children with Severe Disabilities, Secondary Education and Transitional Services for Youth with Disabilities Program, and the Program for Children and Youth with Serious Emotional Disturbance, pursuant to 20 U.S.C. 1232(d)(1); to the Committee on Economic and Educational Opportunities. 2030. A letter from the Clerk, U.S. Court of Appeals, District of Columbia Circuit, transmitting an opinion of the U.S. Court of Appeals for the District of Columbia Circuit (No. 94-5270-Career College versus Riley) January 26, 1996; to the Committee on Economic and Educational Opportunites. 2031. A letter from the Chairman, Nuclear Regulatory Commission, transmitting a re port on the nondisclosure of safeguards information for the quarter ending December 31, 1995, pursuant to 42 U.S.C. 2167(e); to the Committee on Commerce. 2032. A letter from the Vice Chairman, CFO, Potomac Electric Power Company, transmitting a copy of the balance sheet of Potomac Electric Power Co. as of December 31, 1995, pursuant to D.C. Code, section 43513; to the Committee on Government Reform and Oversight. 2033. A letter from the Director, Office of Communications and Legislative Affairs, Equal Employment Opportunity Commission, transmitting a copy of the annual report in compliance with the Government in the Sunshine Act during the calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the Committee on Government Reform and Oversight. 2034. A letter from the Chairman, Federal Housing Finance Board, transmitting a report of activities under the Freedom of Information Act for calendar year 1995, pursuant to 5 U.S.C. 552(e); to the Committee on Government Reform and Oversight. 2035. A letter from the Chair, Federal Labor Relations Authority, transmitting the annual report under the Federal Managers' Financial Integrity Act for fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on Government Reform and Oversight. 2036. A letter from the Chairman, Federal Maritime Commission, transmitting the annual report under the Federal Managers' Financial Integrity Act for fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on Government Reform and Oversight. 2037. A letter from the Director, National Gallery of Art, transmitting the annual report under the Federal Managers' Financial Integrity Act for fiscal year 1995, pursuant to 31 U.S.C. 3512(c)(3); to the Committee on Government Reform and Oversight. 2038. A letter from the Clerk, U.S. Court of Appeals, District of Columbia Circuit, transmitting an opinion of the U.S. Court of Appeals for the District of Columbia Circuit. (No. 95-5086-Roger Pilon versus U.S. Department of Justice) January 16, 1996; to the Committee on Government Reform and Oversight. 2039. A letter from the Director, Minerals Management Service, transmitting the proposed 5-year outer continental shelf [OCS] leasing program for 1997-2002; to the Committee on Resources. 2040. A letter from the Clerk, U.S. Court of Appeals, District of Columbia Circuit, transmitting an opinion of the U.S. Court of Appeals for the District of Columbia Circuit (United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, AFL-CIO, et al. versus Reno) January 16, 1996; jointly, to the Committees on Resources and the Judiciary. 2041. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-185, "Closing of a Public Alley and a Portion of another Public Alley in Square 4546, S.O. 93-308, Act of 1996," pursuant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 2042. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-189, "Mary's Center for Maternal and Child Care, Inc., Equitable Real Property Tax Relief Act of 1996," pursuant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 2043. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-190, "Prevention of Transmission of the Human Immunodeficiency Virus Amendment Act of 1996," pur suant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 2044. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-191, "Greater Refuge Church of Our Lord Jesus Christ, Inc., Equitable Real Property Tax Relief Act of 1996," pursuant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 2045. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-192, "Petworth Methodist Church Equitable Real Property Tax Relief Act of 1996," pursuant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 2046. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-193, "Saint African Methodist Episcopal Church Equitable Real Property Tax Relief Act of 1996," pursuant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 2047. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-194, "Mt. Gilead Baptist Church Equitable Real Property Tax Relief Act of 1996," pursuant to D.C. Code, section. 1-233(c)(1); to the Committee on Government Reform and Oversight. 2048. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-195, "Shrine of the Sacred Heart Equitable Real Property Tax Relief Act of 1996," pursuant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 2049. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-196, "RAP, Incorporated Equitable Real Property Tax Relief Act of 1996," pursuant to D.C. Code, section 1233(c)(1); to the Committee on Government Reform and Oversight. 2050. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-198, "Criminal Code Technical Amendments Act of 1996," pursuant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 2051. A letter from the Chairman, Council of the District of Columbia, transmitting a copy of D.C. Act 11-200, "Property Lien Temporary Amendment Act of 1996," pursuant to D.C. Code, section 1-233(c)(1); to the Committee on Government Reform and Oversight. 113.3 MESSAGE FROM THE SENATE A message from the Senate by Mr. Lundregan, one of its clerks, announced that the Senate had passed without amendment a bill of the House of the following title: H.R. 1718. An Act to designate the United States courthouse located at 197 South Main Street in Wilkes-Barre, Pennsylvania, as the "Max Rosenn United States Courthouse." A message also announced that the Senate had passed with amendments in which the concurrence of the House is requested, a bill of the House of the following title: H.R. 2196. An Act to amend the StevensonWydler Technology Innovation Act of 1980 with respect to inventions made under cooperative research and development agreements, and for other purposes. The message also announced that the Senate had passed bills of the following titles, in which the concurrence of the House is requested: S. 1510. An Act to designate the United States Courthouse in Washington, District of Columbia, as the "E. Barrett Prettyman United States Courthouse", and for other purposes; and S. 1518. An Act to eliminate the Board of Tea Experts by prohibiting funding for the Board and by repealing the Tea Importation Act of 1897. 113.4 ORDER OF BUSINESS WASHINGTON'S BIRTHDAY On motion of Mr. MONTGOMERY, by unanimous consent, Ordered, That it shall be in order for the Speaker to appoint two Members of the House, one upon the recommendation of the Minority Leader, to represent the House of Representatives at appropriate ceremonies for the observance of George Washington's birthday to be held on Thursday, February 22, 1996. 113.5 WASHINGTON'S BIRTHDAY OBSERVANCE The SPEAKER pro tempore, Mrs. MORELLA, pursuant to the foregoing order, appointed Mr. DAVIS and Mr. MORAN to represent the House of Representatives at appropriate ceremonies for the observance of George Washington's birthday to be held on Thursday, February 22, 1996. Ordered, That the Clerk notify the Senate of the foregoing appointments. 113.6 CIVIL SERVICE COMMISSION The SPEAKER pro tempore, Mrs. MORELLA, pursuant to the provisions of section 2(b) of Public Law 98-183 and the order of the House of Thursday, February 1, 1996, authorizing the Speaker and the Minority Leader to appoint commissions, boards and committees authorized by law or by the House, reappointed Mr. Carl A. Anderson of Arlington, Virginia, to the Commission on Civil Rights for a six-year term beginning on February 12, 1996; the current term expiring on February 11, 1996. 113.7 SENATE BILL REFERRED A bill of the Senate of the following title was taken from the Speaker's table and, under the rule, referred as follows: S. 1510. An Act to designate the United States Courthouse in Washington, District of Columbia, as the "E. Barrett Prettyman United States Courthouse", and for other purposes; to the Committee on Transportation and Infrastructure. And then, 113.8 ADJOURNMENT On motion of Mr. MONTGOMERY, pursuant to the special order agreed to on February 6, 1996, at 11 o'clock and 5 minutes a.m., the House adjourned until 11 o'clock a.m. on Tuesday, February 13, 1996. ¶13.9 REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XIII, reports of committees were delivered to the Clerk for printing and reference to the proper calendar, as follows: Mr. ROBERTS: Committee on Agriculture. H.R. 2854. A bill to modify the operation of certain agricultural programs; with an amendment (Rept. No. 104-462, Pt. 1). Referred to the Committee of the Whole House on the State of the Union. 113.10 DISCHARGE OF COMMITTEE Pursuant to clause 5 of rule X the following action was taken by the Speak er: H.R. 2854. The Committee on Ways and Means discharged from further consideration. Referred to the Committee of the Whole House on the State of the Union. 113.11 TIME LIMITATION OF REFERRED BILL Pursuant to clause 5 of rule X the following action was taken by the Speak er: H.R. 497. Referral to the Committee on Resources extended for a period ending not later than February 28, 1996. H.R. 2854. Referral to the Committee on Ways and Means extended for a period ending not later than February 9, 1996. ¶13.12 PUBLIC BILLS AND RESOLUTIONS Under clause 5 of rule X and clause 4 of rule XXII, Mr. KENNEDY of Massachusetts introduced a bill (H.R. 2964) to amend the Communications Act of 1934 to require the Federal Communications Commission to establish a toll free telephone number for the collection. of complaints concerning violence and other patently offensive material on broadcast and cable television, and for other purposes; which was referred to the Committee on Commerce. 113.13 ADDITIONAL SPONSORS Under clause 4 of rule XXII, sponsors were added to public bills and resolutions as follows: H.R. 497: Mr. TAUZIN. H.R. 784: Ms. MOLINARI and Mr. SMITH of Michigan. H.R. 1758: Mr. FROST, MS. WOOLSEY, Ms. SLAUGHTER, Mr. FOGLIETTA, and Mr. NADLER. H.R. 1948: MS. DELAURO. H.R. 2270: Mr. YOUNG of Alaska, Mr. JACOBS, Mr. FOLEY, and Mr. NETHERCUTT. H.R. 2683: Mr. COYNE, Mr. Towns, Mr. LIPINSKI, Mr. DICKEY, Mr. QUINN, Mr. MORAN, and Mr. GENE GREEN of Texas. H.R. 2723: Mr. THORNBERRY. H.R. 2779: Mr. BARTLETT of Maryland, Mr. HUNTER, Mr. TORKILDSEN, and Mr. WALSH. H.R. 2914: Mr. MEEHAN and Mr. FATTAH. H.R. 2959: Mr. JOHNSTON of Florida, Mr. DURBIN, Mr. SANDERS, MS. EDDIE BERNICE JOHNSON, Mr. HORN, Mr. KLUG, Mr. SKAGGS, Ms. NORTON, Mr. MORAN, Mr. JEFFERSON, Mr. BALDACCI, Mr. BROWN of Ohio, Mr. LEWIS of Georgia, Mr. HASTINGS of Florida, Mr. FAZIO of California, Mr. SERRANO, Mr. DIXON, Mrs. CLAYTON, and Mr. JACKSON. H. Con. Res. 51: Mr. STARK and Mr. SENSENBRENNER. H. Res. 359: Mr. DOYLE, Mrs. JOHNSON of Connecticut, and Mr. EVANS. 113.14 PETITIONS, ETC. Under clause 1 of rule XXII, petitions and papers were laid on the Clerk's desk and referred as follows: 53. By the SPEAKER: Petition of Marlene Y. Green, Pittsburgh, PA, relative to the C.Y.S. bill; to the Committee on Economic and Educational Opportunities. 54. Also, petition of Marlene Y. Green, Pittsburgh, PA, relative to national health care; to the Committee on Commerce. 55. Also, petition of Marlene Y. Green, Pittsburgh, PA, relative to the right to access bill; to the Committee on the Judiciary. 56. Also, petition of Marlene Y. Green, Pittsburgh, PA, relative to the true roman bill; to the Committee on the Judiciary. TUESDAY, FEBRUARY 13, 1996 (14) The House was called to order by the SPEAKER pro tempore, Mrs. MORELLA. ¶14.1 APPROVAL OF THE JOURNAL The SPEAKER pro tempore, Mrs. MORELLA, announced she had examined and approved the Journal of the proceedings of Friday, February 9, 1996. Pursuant to clause 1, rule I, the Journal was approved. 114.2 COMMUNICATIONS communica Executive and and other other tions, pursuant to clause 2, rule XXIV, were referred as follows: 2052. A letter from the General Counsel and Corporate Secretary, Legal Services Corporation, transmitting a copy of the annual report in compliance with the Government in the Sunshine Act during the calendar year 1995, pursuant to 5 U.S.C. 552b(j); to the Committee on Government Reform and Oversight. 2053. A letter from the Assistant Legal Adviser for Treaty Affairs, Department of State, transmitting copies of international agreements, other than treaties, entered into by the United States, pursuant to 1 U.S.C. 112b(a); to the Committee on International Relations. 2054. A letter from the Secretary of Transportation, transmitting the Department's second biennial report entitled "Effectiveness of Occupant Protection Systems and Their Use," pursuant to Public Law 102-240, section 2508(e) (105 Stat. 2086); jointly, to the Committees on Commerce and Transportation and Infrastructure. 2055. A letter from the Chairman, Railroad Retirement Board, transmitting a copy of the U.S. Railroad Retirement Board's annual report to the President and the Congress, pursuant to 45 U.S.C. 231f(b)(6); jointly, to the Committees on Commerce and Ways and Means. 2056. A letter from the Chairperson, U.S. Commission on Civil Rights, transmitting the Commission's report entitled "Funding Federal Civil Rights Enforcement," pursuant to 42 U.S.C. 1975; jointly, to the Committees on the Judiciary and Economic and Educational Opportunities. 114.3 COMMUNICATION FROM THE CLERK-MESSAGE FROM THE PRESIDENT The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a communication, which was read as fol lows: OFFICE OF THE CLERK, Hon. NEWT GINGRICH, The Speaker, U.S. House of Representatives, Washington, DC. DEAR MR. SPEAKER: Pursuant to the permission granted in Clause 5 of Rule III of the Rules of the U.S. House of Representatives, I have the honor to transmit a sealed envelope received from the White House on Friday, February 9 at 11:45 a.m. and said to contain a message from the President whereby he transmits an Agreement between the United States and the Republic of Poland concerning fisheries off the coasts of the U.S.A. With warm regards, ROBIN H. CARLE, Clerk, House of Representatives. 14.4 U.S.-POLAND FISHERIES AGREEMENT The Clerk then read the message from the President, as follows: To the Congress of the United States: In accordance with the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.), I transmit herewith an Agreement between the Government of the United States of America and the Government of the Republic of Poland Extending the Agreement of August 1, 1985, as amended, Concerning Fisheries Off the Coasts of the United States ("the 1985 Agreement"). The Agreement, which was effected by an exchange of notes at Warsaw on December 15 and 20, 1995, extends the 1985 Agreement to December 31, 1997. In light of the importance of our fisheries relationship with the Republic of Poland, I urge that the Congress give favorable consideration to this Agreement at an early date. WILLIAM J. CLINTON. THE WHITE HOUSE, February 9, 1996. The message, together with the accompanying papers, was referred to the Committee on Resources and ordered to be printed (H. Doc. 104-172). 114.5. COMMUNICATION FROM THE CLERK-MESSAGE FROM THE PRESIDENT The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a communication, which was read as fol lows: OFFICE OF THE CLERK, Hon. NEWT GINGRICH, DEAR MR. SPEAKER: Pursuant to the permission granted in Clause 5 of Rule III of the Rules of the U.S. House of Representatives, I have the honor to transmit a sealed envelope received from the White House on Friday, February 9 at 11:45 a.m. and said to contain a message from the President whereby he transmits a 6-month periodic report on the national emergency concerning terrorists who threaten the Middle East peace process. With warmest regards, ¶14.6 ROBIN H. CARLE, Clerk, House of Representatives. TERRORISTS-MIDDLE EAST The Clerk then read the message from the President, as follows: To the Congress of the United States: I hereby report to the Congress on the developments concerning the national emergency with respect to organizations that threaten to disrupt the Middle East peace process that was declared in Executive Order No. 12947 of January 23, 1995. This report is submitted pursuant to section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1703(c). 1. On January 23, 1995, I signed Executive Order 12947, "Prohibiting Transactions with Terrorists Who Threaten to Disrupt the Middle East Peace Process" (the "order") (60 Fed. Reg. 5079, January 25, 1995). The order blocks all property subject to U.S. jurisdiction in which there is any interest of 12 terrorist organizations that threaten the Middle East peace process as identified in an Annex to the order. The order also blocks the property and interests in property subject to U.S. jurisdiction of persons designated by the Secretary of State, in coordination with the Secretary of the Treasury and the Attorney General, who are found (1) to have committed, or to pose a significant risk of committing, acts of violence that have the purpose or effect of disrupting the Middle East peace process, or (2) to assist in, sponsor or provide financial, material, or technological support for, or services in support of, such acts of violence. In addition, the order blocks all property and interests in property subject to U.S. jurisdiction in which there is any interest of persons determined by the Secretary of the Treasury, in coordination with the Secretary of State and the Attorney General, to be owned or controlled by, or to act for or on behalf of, any other person designated pursuant to the order (collectively "Specially Designated Terrorists" or "SDTs"). The order further prohibits any transaction or dealing by a United States person or within the United States in property or interests in property of SDTs, including the making or receiving of any contribution of funds, goods, or services to or for the benefit of such persons. This prohibition includes donations that are intended to relieve human suffering. Designations of persons blocked pursuant to the order are effective upon the date of determination by the Secretary of State or his delegate, or the Director of the Office of Foreign Assets Control (FAC) acting under authority delegated by the Secretary of the Treasury. Public notice of blocking is effective upon the date of filing with the Federal Register, or upon prior actual notice. 2. On January 25, 1995, the Department of the Treasury issued a notice listing persons blocked pursuant to Executive Order No. 12947 who have been designated by the President as terrorist organizations threatening the Middle East peace process or who have been found to be owned or controlled by, or to be acting for or on behalf of, these terrorist organizations (60 Fed. Reg. 5084, January 25, 1995). The notice identified 31 entities that act for or on behalf of the 12 Middle East terrorist organizations listed in the Annex to Executive Order No. 12947, as well as 18 individuals who are leaders or representatives of these groups. In addition the notice provides 9 name variations or pseudonyms used by the 18 individuals identified. The list identifies blocked persons who have been found to have committed, or to pose a risk of committing, acts of violence that have the purpose of disrupting the Middle East peace process or to have assisted in, sponsored, or provided financial, material or technological support for, or service in support of, such acts of violence, or are owned or controlled by, or to act for or on behalf of other blocked persons. The Department of the Treasury issued three additional notices adding the names of three individuals, as well as their pseudonyms, to the List of STDs (60 Fed. Reg. 4115253, August 11, 1995; 60 Fed. Reg. 4493233, August 29, 1995; and 60 Fed. Reg. 58435-36, November 27, 1995). Copies of the notices are attached to this report. The FAC, in coordination with the Secretary of State and the Attorney General, is continuing to expand the list of Specially Designated Terrorists, including both organizations and individuals, as additional information is developed. 3. The expenses incurred by the Federal Government in the 6-month period from July 23, 1995, through January 22, 1996, that are directly attributable to the exercise of powers and authorities conferred by the declaration of the national emergency with respect to organizations that disrupt the Middle East peace process are estimated at approximately $2.6 million. (The expenses for the previous period, incorrectly stated in the report of July 27, 1995, to be approximately $55,000, were about $2.5 million.) Personnel costs were largely centered in the Department of the Treasury (particularly in the Office of Foreign Assets Control, the Office of the General Counsel, and the U.S. Customs Service), the Department of State, and the Department of Justice. 4. Executive Order No. 12947 provides this Administration with a new tool for combating fundraising in this country on behalf of organizations that use terror to undermine the Middle East peace process. The order makes it harder for such groups to finance these criminal activities by cutting off their access to sources of support in the United States and to U.S. financial facilities. It is also intended to reach charitable contributions to designated organizations and individuals to preclude diversion of such donations to terrorist activities. In addition, the Congress has pending before it comprehensive counterterrorism legislation proposed by the Administration that would strengthen our ability to prevent terrorist acts, identify those who carry them out, and bring them to justice. The combination of Executive Order No. 12947 and the proposed legislation demonstrate the U.S. determination to confront and combat those who would seek to destroy the Middle East peace process, and our commitment to the global fight against terrorism. I shall continue to exercise the powers at my disposal to apply economic sanctions against extremists seeking to destroy the hopes of peaceful coexistence between Arabs and Israelis as long as these measures are appropriate, and will continue to report periodically to the Congress on significant developments pursuant to 50 U.S.C. 1703(c). WILLIAM J. CLINTON. THE WHITE HOUSE, February 9, 1996. The message, together with the accompanying papers, was referred to the Committee on International Relations and ordered to be printed (H. Doc. 104173). 114.7 COMMUNICATION FROM THE CLERK-MESSAGE FROM THE PRESIDENT The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a communication, which was read as fol lows: OFFICE OF THE CLERK, Washington, DC, February 13, 1996. Hon. NEWT GINGRICH, DEAR MR. SPEAKER: Pursuant to the permission granted in Clause 5 of Rule III of the Rules of the U.S. House of Representatives, I have the honor to transmit a sealed envelope received from the White House on Friday, February 9 at 11:45 a.m. and said to contain a message from the President whereby he notifies the Congress that Japan has conducted whaling activities that diminish the effectiveness of the International Whaling Commission with respect to minke whales. With warm regards, ROBIN H. CARLE, Clerk, House of Representatives. 114.8 INTERNATIONAL WHALING COMMISSION-JAPAN The Clerk then read the message from the President, as follows: To the Congress of the United States: On December 11, 1995, Secretary of Commerce Ronald Brown certified under section 8 of the Fishermen's Protective Act of 1967, as amended (the "Pelly Amendment") (22 U.S.C. 1978), that Japan has conducted research whaling activities that diminish the effectiveness of the International Whaling Commission (IWC) conservation program. This message constitutes my report to the Congress pursuant to subsection (b) of the Pelly Amendment. The certification of the Secretary of Commerce was based on Japanese research whaling activities in both the North Pacific and the Southern Ocean Whale Sanctuary. In 1994, Japan expanded its research whaling activities into the North Pacific by permitting the taking of 100 minke whales, 21 of which were taken. The IWC found that this North Pacific whaling failed to satisfy applicable criteria for lethal research and was therefore inconsistent with the IWC's conservation program. Nevertheless, Japan continued its whaling activities in the North Pacific, taking 100 minke whales in 1995. In addition, during 1995, Japan increased the number of minke whales to be harvested in the Southern Ocean Whale Sanctuary by 33 percent, despite a 1994 finding by the IWC that this lethal research program did not meet all applicable criteria. In his letter to me of December 11, 1995, Secretary Brown conveyed his concerns not only over the whales that have been killed in this program to date but also over any further expansion of lethal research. While noting that the Japanese have informed us they have no plans for a further expansion of lethal research in the Southern Ocean Whale Sanctuary, he expressed particular concern over whaling activity in that area. I share these concerns. At this stage, I do not believe that the use of trade sanctions is the most constructive approach to resolving our differences over research whaling activities with the Government of Japan. However, I have instructed the Department of State to convey my very strong concerns to the Government of Japan. We will also vigorously pursue high-level efforts to persuade Japan to reduce the number of whales killed in its research program and act consistently with the IWC conservation program. We hope to achieve significant progress on these issues by the beginning of the next Antarctic whaling season and will keep these issues under review. I have instructed the Department of Commerce to continue to monitor closely Japan's research whaling and to report promptly on any further inconsistencies between Japanese whaling activities and the guidelines of the IWC conservation program. WILLIAM J. CLINTON. THE WHITE HOUSE, February 9, 1996. The message, was referred to the Committee on International Relations and the Committee on Resources and ordered to be printed (H. Doc. 104-174). ¶14.9 COMMUNICATION FROM THE PRESIDENT The SPEAKER pro tempore, Mrs. MORELLA, laid before the House a communication, which was read as fol lows: OFFICE OF THE CLERK, Hon. NEWT GINGRICH, DEAR MR. SPEAKER: Pursuant to the permission granted in Clause 5 of Rule III of the Rules of the U.S. House of Representatives, I have the honor to transmit a sealed envelope received from the White House on Friday, February 9 at 11:45 a.m. and said to contain a message from the President whereby he transmits a 6-month periodic report on the national emergency with Iraq. With warm regards, ROBIN H. CARLE, Clerk, House of Representatives. 114.10 NATIONAL EMERGENCY WITH RESPECT TO IRAQ The Clerk then read the message from the President, as follows: To the Congress of the United States: I hereby report to the Congress on the developments since my last report of August 1, 1995, concerning the national emergency with respect to Iraq that was declared in Executive Order No. 12722 of August 2, 1990. This report is submitted pursuant to section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c). Executive Order No. 12722 ordered the immediate blocking of all property and interests in property of the Government of Iraq (including the Central Bank of Iraq) then or thereafter located in the United States or within the possession or control of a U.S. person. That order also prohibited the importation into the United States of goods and services of Iraqi origin, as well as the exportation of goods, services, and technology from the United States to Iraq. The order prohibited travel-related transactions to or from Iraq and the performance of any contract in support of any industrial, commercial, or governmental project in Iraq. U.S. persons were also prohibited from granting or extending credit or loans to the Government of Iraq. The foregoing prohibitions (as well as the blocking of Government of Iraq property) were continued and augmented on August 9, 1990, by Executive Order No. 12724, which was issued in order to align the sanctions imposed by the United States with United Nations Security Council Resolution 661 of August 6, 1990. Executive Order No. 12817 was issued on October 21, 1992, to implement in the United States measures adopted in United Nations Security Council Resolution 778 of October 2, 1992. Resolution 778 requires U.N. Member States to transfer to a U.N. escrow account any funds (up to $200 million apiece) representing Iraqi oil sale proceeds paid by purchasers after the imposition of U.N. sanctions on Iraq, to finance Iraq's obligations for U.N. activities with respect to Iraq, such as expenses to verify Iraqi weapons destruction, and to provide humanitarian assistance in Iraq on a nonpartisan basis. A portion of the escrowed funds also funds the activities of the U.N. Compensation Commission in Geneva, which handles claims from victims of the Iraqi invasion and occupation of Kuwait. Member States also may make voluntary contributions to the account. The funds placed in the escrow account are to be returned, with interest, to the Member States that transferred them to the United Nations, as funds are received from future sales of Iraqi oil authorized by the U.N. Security Council. No Member State is required to fund more than half of the total transfers or contributions to the escrow account. This report discusses only matters concerning the national emergency with respect to Iraq that was declared in Executive Order No. 12722 and matters relating to Executive Orders No. 12724 and 12817 (the "Executive orders'). The report covers events from August 2, 1995, through February 1, 1996. 1. During the reporting period, there were no amendments to the Iraqi Sanctions Regulations. 2. The Department of the Treasury's Office of Foreign Assets Control (FAC) continues its involvement in lawsuits seeking to prevent the unauthorized transfer of blocked Iraqi assets. In Consarc Corporation v. Iraqi Ministry of Industry and Minerals, No. 94-5390 (D.C. Cir. Dec. 15, 1995), the U.S. Court of Ap peals for the D.C. Circuit issued its second opinion in this case, finding in FAC's favor on all issues presented to the court. The court ordered the district court judge to direct Consarc Corporation to restore the status quo by returning $6.4 million plus interest to the blocked Iraqi government account from which it was withdrawn after the district court erroneously held that these funds were not blocked Iraqi government property. The court also found that the unsold furnace manufactured for the Iraqi government and sales proceeds of a second furnace were blocked property. Finally, the court reversed the district court's ruling that Consarc held a specific claim against a blocked Iraqi government account for $6.4 million, holding that any claim Consarc had against the Government of Iraq was as a general creditor only. Investigations of possible violations of the Iraqi sanctions continue to be pursued and appropriate enforcement actions taken. Several cases from prior reporting periods are continuing and recent additional allegations have been referred by FAC to the U.S. Customs Service for investigation. Additional FAC civil penalty notices were prepared during the reporting period for violations of the International Emergency Economic Powers Act and Iraqi Sanctions Regulations with respect to transactions involving Iraq. One de minimis penalty has been collected from an organization for unlicensed exports in violation of the prohibitions against transactions involving Iraq. Several other penalty proceedings are pending completion. 3. Investigation also continues into the roles played by various individuals and firms outside Iraq in the Iraqi government procurement network. These investigations may lead to additions to FAC's listing of individuals and organizations determined to be Specially Designated Nationals (SDNs) of the Government of Iraq. 4. Pursuant to Executive Order No. 12817 implementing United Nations Security Council Resolution 778, on October 26, 1992, FAC directed the Federal Reserve Bank of New York to establish a blocked account for receipt of certain post-August 6, 1990, Iraqi oil sales proceeds, and to hold, invest, and transfer these funds as required by the order. On September 5, 1995, following payments by the Governments of Australia ($216,360.00), Denmark ($168,985.00), Japan ($4,075,000.00), The Netherlands ($4,168,745.47), New Zealand ($67,050.00), Switzerland ($265,108.20), and by the European Union ($647,463.31), respectively, to the special United Nations-controlled account, entitled "United Nations Security Council Resolution 778 Escrow Account," the Federal Reserve Bank of New York was directed to transfer a corresponding amount of $9.606.711.98 from the blocked account it holds to the United Nations-controlled account. Similarly, on October 30, 1995, following the payment of $1,504,000.00 by the European Community, and payments by the Govern ments of Germany ($355,871.89), The Netherlands ($698,348.13), Norway ($199,983.00), and the United Kingdom ($2,188,992.67), the Federal Reserve Bank of New York was directed to transfer a corresponding amount of $6,947,195.69 to the United Nations-controlled account. Finally, on December 21, 1995, following the payment of $3,062,197.28 by the European Union, and payments by the Governments of the Netherlands ($1,922,719.00), Sweden ($4,223,178.20), and the United Kingdom ($208,600.44), the Federal Reserve Bank of New York was directed to transfer the amount of $8,313,066.13 to to the United Nations-controlled account. Cumulative transfers from the blocked Federal Reserve Bank of New York account since issuance issuance of Executive Order No. 12817 now have amounted to $200 million, fully satisfying the U.S. commitment to match the payments of other Member States from blocked Iraqi oil payments, and its obligation pursuant to United Nations Security Council Resolution 778. 5. The Office of Foreign Assets Control has issued a total of 618 specific licenses regarding transactions pertaining to Iraq or Iraqi assets since August 1990. Licenses have been issued for transactions such as the filing of legal actions against Iraqi governmental entities, legal representation of Iraq, and the exportation to Iraq of donated medicine, medical supplies, food intended for humanitarian relief purposes, the execution of powers of attorney relating to the administration of personal assets and decedents' estates in Iraq and the protection of preexistent intellectual property rights in Iraq. Since my last report, 28 specific licenses have been issued. 6. The expenses incurred by the Federal Government in the 6-month period from August 2, 1995, through February 1, 1996, that are directly attributable to the exercise of powers and authorities conferred by the declaration of a national emergency with respect to Iraq are reported to be about $1.6 million, most of which represents wage and salary costs for Federal personnel. Personnel costs were largely centered in the Department of the Treasury (particularly in the Office of Foreign Assets Control, the U.S. Customs Service, the Office of the Under Secretary for Enforcement, and the Office of the General Counsel), the Department of State (particularly the Bureau of Economic and Business Affairs, the Bureau of Near Eastern Affairs, the Bureau of International Organization Affairs, the Bureau of Political-Military Affairs, the U.S. Mission to the United Nations, and the Office of the Legal Adviser), and the Department of Transportation (particularly the U.S. Coast Guard). 7. The United States imposed economic sanctions on Iraq in response to Iraq's illegal invasion and occupation of Kuwait, a clear act of brutal aggression. The United States, together with the international community, is maintaining economic sanctions against Iraq because the Iraqi regime has failed to comply fully with United Nations Security Council resolutions. Security Council resolutions on Iraq call for the elimination of Iraqi weapons of mass destruction, Iraqi recognition of Kuwait, and the inviolability of the IraqKuwait boundary, the release of Kuwaiti and other third-country nationals, compensation for victims of Iraqi aggression, long-term monitoring of weapons of mass destruction capabilities, the return of Kuwaiti assets stolen during Iraq's illegal occupation of Kuwait, renunciation of terrorism, an end to internal Iraqi repression of its own civilian population, and the facilitation of access of international relief organizations to all those in need in all parts of Iraq. More than 5 years after the invasion, a pattern of defiance persists: a refusal to account for missing Kuwaiti detainees; failure to return Kuwaiti property worth millions of dollars, including military equipment that was used by Iraq in its movement of troops to the Kuwaiti border in October 1994; sponsorship of assassinations in Lebanon and in northern Iraq; incomplete declarations to weapons inspectors; and ongoing widespread human rights violations. As a result, the U.N. sanctions remain in place; the United States will continue to enforce those sanctions under domestic authority. The Baghdad government continues to violate basic human rights of its own citizens through systematic repression of minorities and denial of humanitarian assistance. The Government of Iraq has repeatedly said it will not be bound by United Nations Security Council Resolution 688. For more than 4 years, Baghdad has maintained a blockade of food, medicine, and other humanitarian supplies against northern Iraq. The Iraqi military routinely harasses residents of the north, and has attempted to "Arabize" the Kurdish, Turcomen, and Assyrian areas in the north. Iraq has not relented in its artillery attacks against civilian population centers in the south, or in its burning and draining operations in the southern marshes, which have forced thousands to flee to neighboring States. In April 1995, the U.N. Security Council adopted Resolution 986 authorizing Iraq to export limited quantities of oil (up to $1 billion per quarter) under U.N. supervision in order to finance the purchase of food, medicine, and other humanitarian supplies. The resolution includes arrangements to ensure equitable distribution of such assistance to all the people of Iraq. The resolution also provides for the payment of compensation to victims of Iraqi aggression and for the funding of other U.N. activities with respect to Iraq. Resolution 986 was carefully crafted to address the issues raised by Iraq to justify its refusal to implement similar humanitarian resolutions adopted in 1991 (Resolutions 706 and 712), such as oil export routes and questions of national sovereignty. Nevertheless, Iraq refused to implement this humani |