Chris Smith

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, the Permanent Council of the OSCE has adopted a statement on Chechnya which emphasizes the seriousness of the violation of human rights and international humanitarian law that has characterized the Russian military action in Chechnya. Affirming that respect for OSCE commitments is a legitimate concern of all signatory states, the OSCE has called for an immediate ceasefire and the beginning of negotiations for a political settlement, while respecting the territorial integrity of the Russian Federation. Mr. Speaker, the OSCE had welcomed Russia's stated willingness to cooperate with the OSCE in stabilizing the region and restoring constitutional order and in the early dispatch of an OSCE mission to that country. However, it now appears that the Russians may permit an OSCE peace mission only after the offensive has ceased. That is totally unacceptable. Mr. Speaker, any delay means more carnage, more dead civilians, more dead soldiers. The OSCE mission must be allowed immediate access to Chechnya, and this must be done with dispatch. Mr. Speaker, for many days the administration has called this aggression an internal affair. Thankfully there has been a shift in the administration's position. Next week as chairman of the Helsinki Commission, I plan to hold a hearing on this important matter, and hopefully we will see some progress then and now.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, though the Congress is naturally focused and preoccupied with the historic process of reform, we should not ignore what is going on in the world. As you all know, President Yeltsin has sent the Russian Army to subdue the self- proclaimed Chechen Republic, which declared independence in 1991 under the leadership of former Soviet Air Force Gen. Djokar Dudaev. Last Thursday, I had a meeting with Dr. Elena Bonner, widow of Andrei Sakharov and president of the Sakharov Foundation. She recently resigned from President Yeltsin's Human Rights Commission to protest the military campaign in Chechnya, which she has described as a step on the road back to totalitarianism. Dr. Bonner urged the U.S. Congress to do whatever it can to help resolve the Chechen crisis peacefully. Mr. Speaker, Chechnya's desire for independence from Russia raises questions that are indeed difficult and troubling. The international community [[Page H154]] has not defined the limits and framework of self-determination, and has, in fact, shied away from this vexing issue, which many Governments view as threatening. Moreover, there is reason for concern about the potential breakup of the Russian Federation, which could follow a successful Chechen bid for independence. But, whatever one thinks about self-determination and its possible consequences, the Russian military action has been characterized by indiscriminate shelling and bombing of civilian targets, including apartment buildings, hotels, a chemical plant, stores, and even a hospital and an orphanage. By all accounts, thousands of men, women, and children have been killed or mutilated. Mr. Speaker, the massive killing and maiming of noncombatants are a gross violation of human rights, as even most Russian political leaders have recognized, and can hardly be considered an ``internal matter,'' as the Clinton administration has characterized it. John Maresca, former U.S. Ambassador to the Conference on Security and Cooperation in Europe, succinctly summed up the dire situation in a recent Wall Street Journal article: The Russians' use of brutal force in Chechnya, such as massive bombing of a population center, has no place in today's world, whether used against an enemy or on a segment of a state's own population * * *. Moreover, Russia's military actions are unlikely to resolve the problem. More likely is that these actions will prompt a long and bitter guerrilla war which will be a further drain on Russia's limited finances and political energies. Mr. Speaker, General Dudaev has stated his willingness to negotiate with Moscow, though President Yeltsin seems determined to wipe out all resistance by force. As Chairman of the Commission on Security and Cooperation in Europe, I urge the Russian Government to stop the killing, and initiate serious, meaningful negotiations with the Chechen authorities. On Thursday, January 12, the Permanent Council of the Organization for Security and Cooperation in Europe will meet in Vienna. I urge Moscow to follow through on the willingness it has indicated to let the OSCE help resolve this crisis, to use the OSCE as a framework for political dialog, and to accept an OSCE mission in Chechnya. The U.S. Government, for its part, should convey to Moscow that the eradication of a people and its territory is not an ``internal matter,'' and that pursuing a military solution in Chechnya--which has shown little evidence or prospect of success--could well lead to an immitigated regional disaster.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, today I have introduced legislation that will which the VA presumes to be service connected. This bill is identical to legislation I offered last year (H.R. 4156). Bronchio-alveolar carcinoma is a rare form of nonsmokers' lung cancer which strikes otherwise healthy individuals for no known reason. In 1981, it took the life of Thomas McCarthy, a veteran who was a navigator aboard the U.S.S. McKinley during his time in the U.S. Navy in the 1950's. In 1955, the McKinley was one of several ships to take part in Operation Wigwam, a secret Navy experiment which tested the effects of an atomic detonation under the ocean floor. The blast produced a mist which enveloped the ships on mission and their crewmen. The Navy refused to even acknowledge the test until 1979, and they still refuse to make public the dangers that the mist produced. After Mr. McCarthy's death, his widow Joan applied for benefits through the VA. Unfortunately, she was consistently turned down despite the plethora of information she continued to unearth which confirmed that her husband's death was a direct result of his service connection. I became involved with Mrs. McCarthy's case in 1986 and have been trying to persuade the VA to administratively include bronchio-alveolar carcinoma on the presumed service-connected list. Unfortunately, these requests have been rebuffed. I have been told that the only way to get this done is through legislation. Last year, VA Secretary Jesse Brown promised me that the Department will support my efforts to pass this legislation. With Secretary Brown's help and as vice chairman of the Veterans Affairs Committee, I will be working with my colleagues on the committee to ensure that the bill is brought up quickly and passed. We have held hearings on this matter. I have met personally with Secretary Brown to urge action. The time for talking and debating is over. It is clear that this matter needs to be resolved and the time for action is now. Joan McCarthy, and the few other veterans who suffer from this mysterious cancer and their families, deserve justice. I urge all my colleagues to strongly support this measure.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I rise today to introduce the Community Solvency Act of 1995. This bill represents the final product of a year's worth of negotiation and compromise between county and local governments, the waste industry, and the financial community. This legislation, which passed the House in the final hours of the 103d Congress enables communities in financial trouble to continue to treat and dispose of municipal solid waste in an efficient and cost effective manner, while, at the same time, protecting public health and safety and high environmental standards. While the House was able to take decisive action passing this exact text last year, Senate action was unfortunately obstructed. For this reason, we now revisit this issue and must move swiftly on this bill beginning today. As my colleagues will recall, local governing bodies nationwide suffered a tremendous blow last May when the Supreme Court ruled in C&A Carbone v Town of Clarkstown, New York that waste flow control authority violates the dormant commerce clause of the Constitution. As Justice Sandra Day O'Connor reminded us in her concurring opinion, Congress has implied that States and localities have this authority, but has never said so explicity. Communities nationwide have accumulated an outstanding debt of more than $10 billion assuming their ability to use flow control authority, only to have the Court take it away with the Carbone decision. But technologically advanced facilities require more money than many communities can afford. To meet their waste management responsibilities while protecting the environment and public health and safety, communities have turned to bond financing. These communities have accepted the responsibility of constructing, maintaining, and often operating transfer stations, landfills, waste- to-energy facilities, composting stations, and other solid waste treatment sites. In many cases, these communities have even designed integrated solid waste management plans to meet the full solid waste needs of their residents. We should not punish them for their initiative. Furthermore, this $10 billion in debt jeopardizes far more than the communities' ability to meet solid waste management responsibilities. In fact, it jeopardizes many of their overall community bond ratings. At least two prominent credit rating agencies--Moody's Investors Service and Duff & Phelps Credit Rating Co.--have already begun the combined reassessment of more than 100 communities' credit standings as a direct result of the Court's decision. Duff & Phelps announced that, ``In its review of this issue, Duff & Phelps Credit Rating Co. found that Congress' inability to take action is triggering greater uncertainty in the solid waste sector and, in the long run, may weaken credit quality of solid waste facilities.'' The debate continues, but the stakes are even higher now. The ultimate consequences of our inability to act decisively will be Orange County-like bankruptcies, higher municipal taxes, and outraged constituents nationwide. It is clearly up to Congress to address and remedy this situation. The Community Solvency Act is precisely the flow control language which the House passed on October 7, 1994. This language was supported by a wide coalition including private sector waste management companies; local government organizations, such as the National Association of Counties, the U.S. Conference of Mayors, and the League of Cities; recycling interests; and Wall Street representatives. Congress must move a legislative remedy to Carbone swiftly through the committee structure and the floor schedule to ensure financial security to struggling communities in each of our States. I urge my colleagues to take an this common sense measure--the Community Solvency Act of 1995.