Robert Torricelli

Mr. TORRICELLI

Mr. TORRICELLI. Thank you, Mr. President.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I rise today in strong support of the Fiscal Year 1998 military construction appropriations bill, and would like to take this opportunity to thank Chairman Burns and Ranking Member Murray for all of their leadership and hard work on this legislation. I am especially pleased by two items which were included in this bill. First, the $1.3 million which will be spent on the design of a new software engineering center at Picatinny Arsenal in my home State of New Jersey, and second, language in the bill which urges the Army to place the construction of the center on its priority list for fiscal year 1999. I am hopeful that the Army will heed the advice of the Senate, and make this project a priority for next year. Throughout our Nation's history, Picatinny Arsenal has provided our men and women with the high-technology weapons that have helped achieve our military victories. Most recently, during Desert Storm our forces unleashed millions of M-77 submunitions on the Iraqi Army with devastating results. This grenade-like weapon uses a precision guidance system and a mini-computer to locate its target as it descends on a parachute-like device, before it attacks and destroys it. The Iraqis were so terrified of this weapons, that they dubbed it Steel Rain. I am proud to say that this weapon was developed by some of this Nation's finest scientists and engineers at Picatinny Arsenal. As some of my colleagues may know, Picatinny Arsenal is home to the Army Armament Research, Development and Engineering Center [ARDEC]. Virtually every piece of weaponry and ammunition in the hands of our soldiers is developed at Picatinny. In fact, Picatinny is responsible for 90 percent of the Army's lethality. Currently, the Fire Support Armaments Center [FSAC], which conducts the research, development, and engineering for weapons systems such as artillery, mortars, and the technology behind the fire control for the entire U.S. Army, has its functions dispersed at several facilities throughout the base. While our Armed Forces in general, and the Army in particular, have been subject to drastic downsizing in the post-cold- war era, the Fire Support Armaments Center workload has increased as our modern army relies increasingly on ``smart'' weapon technology. However, while the Center is responsible for a critical area of expertise in our national security plan, its economic and productive effectiveness is severely limited because its operations are dispersed throughout the base. This, combined with the limited space available, makes work on the larger vehicles like tanks and armored personnel carriers impossible in all but the best of weather conditions and makes coordination on the many different components of any given project nearly impossible. To remedy this, a new software engineering center has been proposed which would consolidate many of the Arsenal's operations, thus allowing work on these vehicles to proceed year round and enhancing Picatinny's capability to test and upgrade ``smart'' weapons. The proposed Software Engineering Center would also provide the Army with the ability to upgrade-technologically existing weapons systems, respond rapidly to problems encountered in the field, and save the Pentagon money. The Army estimates that this consolidation will also save $5 million a year, allowing the project to pay for itself in 3 years. I am pleased by the Senate's support of the center, and look forward to working with the subcommittee and the Army to ensure that this state-of-the-art facility becomes a reality.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I rise today in strong support of the amendment offered by Senator D'Amato, which would protect funding levels for veterans' health care in New York and New Jersey. I understand that the amendment has been withdrawn, however, I appreciate the assurances given by Senators Bond and Mikulski that the subcommittee will give this request the serious consideration it deserves when this issue is raised in conference. I, and my colleagues from New Jersey and New York, are very concerned about a Department of Veterans' Affairs [VA] initiative which would change the way the agency distributes health care funds to veterans' hospitals. During the next 3 years, the Veterans Equitable Resource Allocation [VERA] Program is projected to divert as much as $148 million away from our region and send it to Sun Belt States in the South and West, whose veteran populations are increasing. I have heard from many of the 760,000 veterans in New Jersey, all of whom have legitimate fears that this funding shift will reduce the quality and availability of veterans' services in our State. Many of these individuals, who have courageously served our Nation overseas in combat, now fear becoming victims of the VA's restructuring and broken promises. The impact of this proposal would be devastating in countless communities across New Jersey. I believe that limiting access to the VA health care system may jeopardize the well-being and the lives of many veterans. This must not be allowed to happen. The House of Representatives has taken a strong stand against the VERA plan by including a provision in their VA spending bill which would delay the proposed funding shift for 4 months, while the General Accounting Office [GAO] examines the impact of this action on the quality of care for veterans in the Northeast. Until the GAO study is completed, the VA would fund our region's health services at 1996 levels, which are $12 million higher than the 1997 levels. I strongly support this course of action, and encourage my colleagues on the subcommittee to adopt this proposal. We simply need to ensure that while the VA is providing much needed resources to certain facilities, it is not doing so at the expense of veterans in other regions. There is no harm in the GAO doing a 4 month study on whether the VA's new funding scheme is equitable. I assure New Jersey's veterans that I will continue to monitor the progress of this provision as it is debated in the conference committee, and will work to ensure that our veterans receive the health care and services that they deserve. Again, I would like to thank Senators Bond and Mikulski for their consideration of this request and look forward to working with them on this and other issues of importance to the veterans' community.

Mr. TORRICELLI

Mr. TORRICELLI. Does the Senator from Florida request the 2 minutes?

Mr. TORRICELLI. Mr. President, on February 24, 1996, under the directions of Fidel Castro, the Cuban Air Force encountered and destroyed a civilian aircraft in the Florida straits. Murdered on that day were four innocent civilians, including Americans. At almost the same time, 100 brave Cuban citizens demonstrating in the streets of Havana were arrested for demanding democratic reforms, and they remain in jail. In response to these actions, President Clinton, with the strong bipartisan support of this country, on that day made several changes in American policy. First, we suspended the very remittances that would be expanded by the Bingaman amendment today, and canceled flights that were encouraging tourism and travel in Cuba. It was a modest response to an egregious act. We were united then; I do not know what would divide us now. Since the murders on that day, there has been no change in Cuban policy. Although the price of progress in American relations has always been clear--a single opposition newspaper, the scheduling of a free election, the allowing of any dissent, the opening of Cuba's jails to anyone; not all of these things, not even in their entirety, but any one of these things, to any extent, would have brought about a change in our policy. I know people are impatient for democratic reform in Cuba and an ending of the embargo. It has been 5 years since we strengthened American law. I know patience is not always our greatest national attribute. But now--in the face of Fidel Castro, 5 years after embarking on this policy, only 18 months after the murder of these citizens, with no Cuban response, no concession and no change--to simply abandon our policy, I believe, would undermine a foreign policy objective of the United States for a free Cuba. Mr. President, does the Senator from Florida--we have consumed 3 minutes, I believe, Mr. President?

Mr. TORRICELLI. Mr. President, I yield myself 3 minutes.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I rise in support of the nomination of Joel Klein because of my confidence in his ability to be the kind of antitrust law enforcer the Justice Department and the country need to protect consumers and ensure vigorous competition. My confidence comes from Mr. Klein's record of great success during the past nine months during which he has headed the Antitrust Division. He has proven to be a strong advocate in promotion of competition. His accomplishments include suing Rochster Gas and Electric for impeding competition for electric power, suing to block a hospital merger that would have raised prices for patients on Long Island, NY, obtaining indictments of an insulation company executive for price fixing, blocking an acquisition that would have created a dominant provider of asphalt concrete in New Hampshire and Vermont, and blocking an acquisition by Gulfstar Communications that would have created unacceptable media concentration. His record also includes numerous guilty pleas and fines and settlements from antitrust violators, including a record $5.6 million penalty from German and Brazilian companies for violating pre-merger notification rules. With an already strong record in an acting capacity, we can look forward to great things from Mr. Klein should he be confirmed by the Senate.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I would like to thank Chairman McConnell and Senator Leahy for accepting this amendment expressing the Sense of the Senate that the State Department should list the Liberation Tigers of Tamil Eelam [LTTE] as a terrorist organization. I believe that the LTTE meets the criteria approved during the 104th Congress to designate terrorist organizations, and I urge the State Department to carefully examine the evidence. Section 302 of the Antiterrorism and Effective Death Penalty Act of 1996 defines a terrorist organization as one which is foreign, engages in terrorist activity, and threatens the security of the United States. There is no doubt that the LTTE is a foreign organization. Its main centers of activity are located in the United Kingdom and France, as well as Canada, Australia, and India. The State Department's Report on Human Rights Practices for 1996 details LTTE abuses which are undoubtedly terrorist activities. The LTTE regularly commits extrajudicial killings, and is responsible for disappearances, arbitrary arrests, detentions and torture. An attack on the army base at Mullaitivu in July 1996, orchestrated by the LTTE, killed more than 1,500 government troops. In the aftermath, an equally important fact came to light. It is clear that the LTTE regularly recruits children into its military forces. In the northern part of the island, the LTTE has expelled almost 46,000 Muslim inhabitants, almost the entire Muslim population, from their homes. These individuals have been threatened with death if they return. Lastly, the LTTE has been held responsible for the assassination of an Indian Prime Minister, a President of Sri Lanka, a Presidential candidate, and senior Sinhalese and Tamil political leaders. It is clear that these activities are of a terrorist nature, and I believe that they threaten the national security of the United States. Section 302 defines national security as that pertaining to ``national defense, foreign relations, or economic interests of the United States''. In this sense, the promotion of democracy, free-market economies, and human rights throughout the world are fundamental to our interests. However, the LTTE does not follow the rules of democratic procedure. In fact, the LTTE espouses socialism and seeks to establish a socialist state in Sri Lanka. This stated ideology is far removed from the free-market policies that the United States promotes. With these facts in mind, I am hopeful that the State Department will move to list the LTTE as a terrorist organization. The safety and security of the United States, and our friends in Sri Lanka, depend upon it. Amendment No. 914 (Purpose: To limit international military education and training assistance for Peru) At the appropriate place in the bill insert the following: limitation on international military education and training assistance for peru Sec. . None of the funds appropriated or otherwise made available by this Act may be provided to the Government of Peru for international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961, unless the President certifies to Congress that the Government of Peru is taking all necessary steps to ensure that United States citizens held in prisons in Peru are accorded timely, open, and fair legal proceedings in civilian courts. Mr. Leahy. Mr. President, I support Senator Durbin's amendment to condition IMET for Peru on timely, open and fair legal proceedings in civilian courts for United States citizens being held in Peru. The Government of Peru deserves credit for the progress in human rights it has made in recent years. The number of extrajudicial killings and disappearances has decreased dramatically. However, freedom of the press, executive interference in the judiciary, the existence of faceless military courts for civilians, lengthy pre-trial detention and abysmal prison conditions continue to be serious problems. This amendment conditions IMET assistance on speedy resolution of the cases of American citizens who are in Peruvian prisons awaiting a fair trial. Jennifer Davis and Krista Barnes each have admitted their guilt on drug-trafficking charges and cooperated fully with the Peruvian police. They have been imprisoned for over 9 months, waiting to be tried and sentenced so they may be transferred to a U.S. prison under our prisoner exchange treaty. They are victims of Peru's excruciatingly slow legal process and life-threatening prison conditions. Lori Berenson was tried, convicted and sentenced almost 2 years ago under a legal system set up to combat terrorism in Peru that violates international standards of due process. In late 1996, the Peruvian military's highest court upheld her life sentence. Ms. Berenson plans to appeal to the Supreme Court of Peru. In the meantime, Ms. Berenson is struggling through another winter in prison in the freezing mountains of Peru. Mr. President, it is my hope that this amendment will encourage Peru not just to take action in the cases of these young women, but that it will spark a vigorous effort to improve the judicial process in Peru so that no one--no Peruvian or American or any other citizen--will have to endure lengthy pretrial detention, wretched prison conditions and a clogged legal docket that violate minimum international standards of due process and the treatment of prisoners. amendment no. 915 On page 43, line 3 after the word ``(IAEA).'' insert the following new section:

Mr. TORRICELLI. Mr. President, I am proud to be an original co- sponsor of the Kennedy-D'Amato amendment, which would restrict aid to those countries which fail to comply with the United Nations sanctions against Libya. I rise today in strong support of its passage. Earlier this month the U.N. Security Council renewed international sanctions against Libya, as they have every 120 days since they were first imposed in 1992. Unfortunately, Mr. President, despite the fact that Libya refuses to comply with the will of the international community and extradite to the United States or Great Britain two Libyan nationals indicted as suspects in the murders of 270 people, the sanctions renewal was challenged by several African states. This challenge is just the latest episode in Libya's arrogant international campaign to avoid the justified opprobrium of the international community. Libya has gone so far as to intrude on the privacy of the victims of its criminality by writing directly to the American families of Pan Am 103 proposing their supposed ``compromise'' with international law directly to the families. Mr. President, I cannot overestimate how damaging it is to the interests of all democratic governments for Libya to be thrown a lifeline by the African members of the security council. Libya's U.N. Ambassador reportedly said after the Security Council vote, ``We can from now on behave as if these sanctions were not there.'' These sanctions are there, and they will remain. There are several episodes over the past two years that highlight the need for this amendment. Earlier this year, a Libyan-registered aircraft flew from Libya to Niger and returned to Nigeria despite U.N. sanctions. Last July, Muammar Qaddafi left Tripoli to attend an Arab summit meeting in Cairo. He arrived in Egypt by plane and left by plane, a clear violation of the ban on air travel. In December, the CIA revealed that Ukraine agreed to three different arms deals with Libya. The first involved the sale of $500 million worth of short-range ballistic missiles. A second deal called for Ukraine to provide maintenance services and spare parts valued at $10 million. The third agreement involved Iran's purchase of Ukrainian weapons with the intent of transferring them to Libya. Today we have made clear our determination to bring to justice those who destroyed 270 lives and brought suffering on countless other loved ones. I am pleased to join my colleagues in sponsoring legislation to deny United States assistance to any countries that violate international sanctions against Libya. We will make it clear to Libya that this pariah regime cannot escape the consequences of its lawless behavior. amendment no. 910 At the appropriate place in the bill, insert the following:

Mr. TORRICELLI. Would it be possible to ask, given the interest of many on this and the impact this would have on American policy toward Cuba, that we might, in this instance, ask for 5 minutes on each side to make our positions clear to Members before they vote?

Mr. TORRICELLI. Madam President, the Bingaman amendment would be a change in policy toward Cuba and we would have only 2 minutes to discuss that relative to its merits.

Mr. TORRICELLI. Reserving the right to object.

Mr. TORRICELLI. Mr. President, I rise today in strong support of the Harkin amendment which restores OPIC, IMET, Trade and Development Assistance [TDA], and democracy-building institutions in Pakistan. This amendment provides us with a unique opportunity to strengthen and solidify our relationship with Pakistan. Pakistan is a friendly country and vitally important to the United States. By restoring these programs, we can influence the course that Pakistan's economic and political reforms take and improve the continuity of its democratic government. Pakistan has made great strides in these areas, and Prime Minister Sharif's election signals a turning point in Pakistani politics. As he moves to improve the quality of his country's government, the United States should provide the support necessary. Prime Minister Sharif has sponsored changes in the Pakistani constitution to end the President's power to dismiss the elected government. In the economic sphere, his government has embarked on an ambitious reform program intended to stabilize the economy. These are positive developments, but we need to encourage Pakistan to go even further. Our own Secretary of State has met with the Pakistani Foreign Minister to discuss options for more extensive reforms. It is in the United States' best interests to train Pakistani officials in how to conduct legislative procedure and build lasting democratic institutions. It is also in our best economic interests to resume OPIC support for investment in Pakistan. Prominent U.S. business leaders have expressed their support for such an initiative, and I believe this option can benefit U.S. industry. The United States will be in a prime position to support economic reform in Pakistan, as well as compete for investment and trade opportunities there. We cannot, and should not, penalize U.S. companies looking to expand into this area of the world. Neither should we jeopardize our stated goal of promoting nuclear nonproliferation. We have worked to prevent the nuclear arms race in South Asia, and future cooperation with Pakistan is now at stake. Restoring IMET in Pakistan is perhaps the best means we have of ensuring that nonproliferation becomes a reality. The Pakistani military controls the country's nuclear programs, but an entire generation of military officers has been denied access to training in the United States. By prohibiting IMET, we have succeeded in reducing our contacts within the leadership and limiting their exposure to U.S. values and institutions. If we allow IMET to resume, we will strengthen our position on nonproliferation by encouraging a Pakistani military that is as pro-United States as possible. Improved relations with Pakistan can only help our future nonproliferation efforts. Mr. President, I am pleased to be a co-sponsor of this amendment, and I look forward to a close relationship with Pakistan in the future.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I rise today to acknowledge the monumental service and dedication of one of Sweden's finest Ambassadors ever to have served in the United States, Mr. Henrik Liljegren. After 4\1/2\ years in Washington, Ambassador Liljegren is being reassigned to Istanbul, Turkey, and I want to take this opportunity to express my admiration for, and gratitude to, this skilled diplomat. Ambassador Liljegren has spent his time in Washington carefully fostering a new level of understanding between our two countries. The end of the cold war has created new perspectives for Sweden's foreign policy, and new opportunities for Sweden and the United States to further their relationship. Ambassador Liljegren is well respected for his willingness to promote closer ties between the people of our two great nations. His strategy for strengthening United States-Swedish ties has been multifaceted and creative. For example, he recently testified before the Senate Banking, Housing, and Urban Affairs Committee to help determine whether or not neutral countries had profited from their policies during the Second World War. Ambassador Liljegren was aware of the State Department's Eizenstat Report, which was stern in its condemnation of neutral states during this period, and was forthcoming in explaining his country's policies vis-a-vis the Third Reich. His testimony was influential in drawing attention to the systematic effort on the part of the Swedish Foreign Ministry to assist the Jews during World War II. On behalf of my colleagues in the Senate and the entire Nation, I want to again express our gratitude for Ambassador Liljegren's service, and wish him the best of luck as he continues his career in Turkey. TRIBUTE TO STEPHANIE A. FRANK AND ERICK N. VIORRITTO, RECIPIENTS OF THE 1997 WHITE HOUSE PRESIDENTIAL SCHOLARS PROGRAM

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I rise today to address two of the current investigations that are taking place within the Federal Government on this day. They are very different and they involve different branches of the Government but are important to this country and many of our citizens. Mr. President, I will address first as a member of the Governmental Affairs Committee what I think is potentially an important new beginning in our investigation of the problems of the financing of the 1996 elections. Members of the committee have for some time had different perceptions about the most serious allegations involved in that investigation. This, of course, involves the question of whether or not there was an attempt by a foreign government, principally the Government of China, to influence our Federal elections in 1996. I believe that there is now a common understanding that while all sides previously acknowledged that there was probably such an attempt and regarded it seriously, there were differences about certain aspects of the allegations. I think the new common understanding is that while there was clearly such an attempt made by the Chinese Government, that it was bipartisan in its goals and primarily designed to influence the Congress of the United States and not exclusively the Presidential candidates in 1996, and that it also at this moment remains unclear whether or not to what extent it might have succeeded in either influencing the elections or more importantly the policies of the United States Government. These have been contentious issues that divided the committee until this day. I am very pleased, based on statements made by both Democratic and Republicans members of the committee, that I believe our investigation now proceeds with a common perception of these facts. I believe that is critical for the committee doing its work and in eventually uncovering whether and to what extent this foreign involvement violated our laws.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, on a separate second issue I want to address this morning the larger context of the continuing downward spiral in the national political dialogue, and specifically how it addresses the case of a single American. We have tragically in our time witnessed this deterioration in the public dialogue. We are now witnessing how its venom can influence the life of a single citizen. I am addressing, of course, the Whitewater investigation and the actions of independent prosecutor Kenneth Starr. Mr. President, I claim no expertise in the question of the Whitewater investigation. Indeed, it is not the focus of my remarks this morning. And I hold no brief for either President Clinton or the First Lady as I address this issue. Indeed, the injustice of which I speak does not involve anyone in the President's family, but rather a simple 42-year- old woman named Susan McDougal. Since September 9, 1996, Susan McDougal has been imprisoned for refusing to testify to an Arkansas grand jury convened by the independent prosecutor Kenneth Starr. And indeed, under the law a witness who refuses to cooperate and testify before a grand jury may be held for a civil contempt of up to 18 months. In this instance therefore the independent prosecutor initially acted within the law and probably appropriately. But that is where the problem begins. Because according to the legislative history of the statute, and indeed under the case law, the purpose of civil contempt and imprisonment ``is to secure testimony through a sanction, not to punish the witness by imprisonment.'' But according to briefings filed with the court, the prison conditions that Susan McDougal has endured up to this point sound more appropriate for a hardened violent criminal than a person jailed for civil contempt. In fact, while serving 3 months in the Faulkner County Detention Center in Arkansas, Susan McDougal lived under the following conditions. She did not see the light of day for 3 months. She was jailed in a unit that was constructed for 10 people but in reality usually held more than 20. As indicated by these photographs, she was usually shackled both by hands and feet whenever she went to court or to the doctor or to the dentist. This was not customary practice. Indeed, no other prisoner in that facility was shackled by hands and feet in this manner virtually at any time, no less when receiving medical treatment. When in transport, marshals were under instructions not to remove her shackles at any time including when she required to urinate. She was allowed one visit per week, and only through glass. She was forbidden any family or friendly contact through visitation. She was denied potable water. She could only drink from a rusty shower or a sink attached to a toilet. She was allowed no reading materials except for the Bible, of which I am sure she would have been grateful except she was forbidden to have any reading glasses, even when she offered to buy them with her own funds. After a brief stint at the Carswell Federal Medical Center in Fort Worth, where she was placed in a work camp with other women, many of whom were serving 30 and 40 years on narcotics charges, she was transferred to California. There in Los Angeles at the Sybil Brand Institute for Women, she was placed in isolation with one tiny slit in a door, the windows covered with barbed wire, with a single peephole where she could see the light of day. She was denied any reading material and was denied a chance to even meet with the prison chaplain. She was later moved to complete isolation from all other prisoners and was allowed out of her cell for 2 hours per day. So for 22 hours a day she was in complete isolation, no contact with anyone, no ability to see the light of day, with a single window covered with barbed wire, nothing to read, no one to talk to, not even counseling from a minister. During the evening hours, she is awakened every 20 minutes by a flashlight that is placed in her eyes. She is served breakfast at 4:30 in the morning where she eats alone in a 5-foot cell. If she should leave her cell, she is handcuffed behind her back and is forced to wear prison uniforms that are colored red, which is the color to indicate a murderer or an informant. She is routinely body searched and forced to strip naked for prison officials. She is escorted by a guard wherever she goes, including to the infirmary or the library. And finally, every time she uses the shower or on those occasions when she is allowed access to a telephone, every other prisoner is forced to be locked into their cells, which has heightened animosity toward her personally and led to dangerous, unlivable circumstances. Mr. President, I do not know Susan McDougal, and I confess I do not know a great deal about the Whitewater case. In many respects I rose today on the Senate floor to speak to neither, but to talk about justice. This is a barbaric set of circumstances that are indefensible and give rise to the question of whether or not Mr. Starr's investigation is being led by someone who seeks justice or is driven on the personal destruction of individuals to vindicate himself and his own investigation. Mrs. McDougal is not imprisoned for murder or robbery or any violent offense. She has faced no jury and is convicted of nothing. But for almost a year, she has been held on civil contempt. The Federal courts have ruled on a variety of circumstances, including in 1983 in the Sanchez case, and in 1984 in the Simkin v. United States case that a court is obligated to release an individual if it becomes clear that she will not testify after continued confinement. Indeed, in case after case throughout the history of this country judges have released individuals who have refused to testify after 6 or 8 months of imprisonment. Susan McDougal has now been imprisoned for 10 months. There is no indication that it will end soon. And it clearly is not going to result in her giving credible testimony. Indeed, it was argued before a Federal judge 2 weeks ago that not only is Susan McDougal's incarceration inhumane, it is counterproductive. If Susan McDougal were released from these extraordinary barbaric circumstances tomorrow, her testimony in the Whitewater case would be of absolutely no value. Her testimony would have no credibility. It clearly would have been coerced. No grand jury, no judge, and no jury would give it any validity. Her testimony is now useless. Any individual held in solitary confinement with no privacy, with no ability to consult with family or friends, denied access to a chaplain, shackled hand and foot, subjected to body searches, awakened during the night every 20 minutes, in some circumstances by a flashlight in her eyes, could not possibly at this point be giving voluntary testimony that would be usable in a court of law. Mr. President, Kenneth Starr should pursue the facts. If they produce further evidence that allows a case to proceed, it is his duty to do so. It is the obligation of every officer of this Government, in any of its branches, to first and foremost, however, pursue justice. Former Senator William Cohen, then a Member of this institution, said, ``The appearance of justice is just as important as justice itself in terms of maintaining public confidence in our judicial system.'' Mr. President, there is no confidence in our judicial system that can come from these facts. There is a cold tyranny on a single American citizen. It is time for the Federal judiciary to intervene to bring justice and to change the circumstances of Susan McDougal's life. I yield the floor.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, countless thousands of American soldiers received their basic training at Fort Dix Army Base in my home State of New Jersey. However, the 1988 BRAC reassigned the basic- training mission of Fort Dix into a much more limited training role for our reserve forces. The economic impact in the surrounding communities was devastating. Local merchants whose business depended upon business generated by the Army personnel at Fort Dix suddenly saw their consumer base gone along with 3,500 jobs and countless others in the subsequent years. With funding assistance from the Federal Government and the Burlington County Department of Economic Development, a new master plan was drafted to reduce the area's reliance on the military and begin development of a downtown shopping area as well as new housing facilities. While the community struggles to re-build, the majority of the land formerly occupied by Fort Dix has been moth-balled and sits idle. For years, the community has been negotiating with the Army to acquire a 35-acre plot of land owned at Fort Dix owned by the Federal Government for use in the downtown development. I am pleased that this transfer now enjoys the support of the Army and that an amendment to transfer this 35 acres to the Borough of Wrightstown along with an additional 5 acres to the New Hanover Board of Education for an expected expansion of the school was included in H.R. 1119 that recently passed the House of Representatives. I had planned to offer a similar amendment to this legislation but after consultations with subcommittee chairman Inhofe and ranking member Robb I have decided to withdraw the amendment and would instead like to engage in a colloquy with my distinguished colleagues. Mr. President, I know you are familiar with this issue and are sympathetic to the plight faced by communities like Wrightsborough who have experienced significant economic difficulties in the wake of base closures. I am confident that based on my conversations with you that when this legislation goes to conference you and Senator Robb will give every consideration to the merits of this issue and the amendment adopted by the House.

Mr. TORRICELLI. I would again like to thank Chairman Inhofe and Ranking Member Robb for their attention to this important issue. section 824

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I rise today to acknowledge the courage and sacrifice of 2d Lt. George A. Ward, of Hoboken, and S. Sgt. William Drager, of Hackettstown, NJ. Lieutenant Ward was the bombadier and Sergeant Drager the gunner on a B-24J airplane during World War II flying missions out of a base near Liuzhou, China. On August 31, 1944, Lieutenant Ward, Sergeant Drager and eight other crewmen off for what would be their second and final mission. The bomber successfully attacked Japanese ships and dropped mines near Taiwan before heading back to base. However, the plane was diverted because their base was under attack, and bad weather at the alternate landing site resulted in orders to circle while awaiting clearance to land. They never made it. Their B-24 crashed into a cliff 6,000 feet up the side of Maoer Mountain, southern China's highest peak, where dense bamboo and grotto-like slashes in the granite face swallowed the wreckage and the bodies of all 10 crewmen. The crash site lay undisturbed for 52 years until two Chinese farmers hunting for wild herbs found it last October. The discovery finally solved the mystery of what happened to the crew, and brought both some comfort and renewed heartache to the families of the airmen. As we approach the 221st anniversary of our Nation's independence, it is appropriate that we remember the bravery and commitment of individuals like Lieutenant Ward and Sergeant Drager. We continue to enjoy the freedoms that we have cherished since the founding of the Republic because of the sacrifice of millions of courageous men and women who heeded the call to duty when our Nation needed them. America is profoundly thankful for the patriotism of these men, and for this reason I stand today to recognize them for their accomplishments.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I rise today to recognize Guyana as it celebrates the thirty-first anniversary of its independence. The Guyanese American community has a great deal of history to celebrate, and I wish to recognize the changes and advancements that have been made in Guyana in the past 31 years. For 32 years, the country of Guyana has worked to improve its standing within the international community and establish itself as a well-respected democracy. I am sure you will agree that Guyana has succeeded in these two goals. Participation in both the United Nations and the Caribbean Free Trade Area have meant better relations with the rest of the world. In addition, the smooth transition of power between President Hoyte and President Jagan in 1992 signify the end of political oppression in Guyana. I have been pleased with the United States' decision to reinstate the economic assistance to Guyana it had suspended in 1982 because it represents our willingness to take an active interest in Guyana. I hope that this partnership between Guyana and the United States will continue to flourish as Guyana capitalizes on the progress that independence has encouraged. Privatization, growth and decreased inflation are only a few of the ways in which the quality of life in Guyana has improved. These reforms can and must continue. The Guyanese have made tremendous achievements so far. With the continued commitment of its population, ongoing growth can be a reality. I look forward to 32 more years of positive news from this country.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, I rise today with Senator Lautenberg to jointly recognize Larry Doby, the first African-American player in the American League. Mr. Doby's lifelong dedication to major league baseball, his community, and his country is truly remarkable and must be recognized. As an ambassador for baseball, Mr. Doby has served the league for nearly 20 years as a player, as a coach, and currently as a special assistant to the president of the American League. Mr. Doby, born in Camden, SC, later moved to Paterson, NJ, where he starred in four sports and ultimately garnered numerous offers for athletic scholarships toward his higher education. Although Larry Doby accepted an offer to play basketball for Long Island University, his collegiate athletic career was shortened as he enlisted in the U.S. Navy to serve our country in World War II. Following World War II, Doby played for the Negro League Newark Eagles, where he led the league with a batting average of .458 and 13 home runs. Some of Larry Doby's major league baseball accomplishments include being the first African-American player in the American League, the first African-American player on a world series team, and the second African-American to manage in the major leagues. Mr. Doby will be recognized by major league baseball at the all-star game in Cleveland. The naming of this post office in Larry Doby's honor in his hometown of Paterson would be a fitting tribute to this great American. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, as the Senate has considered tax relief for people of means to encourage them to invest in a growing economy and people of more modest means to help with their education, I offer an amendment to deal with a different group of Americans, people not of high or medium income, but people of no income. Even in good economic times, through no fault of their own, through mergers, acquisitions, downsizing, or foreign competition, companies need to sometimes reduce their work force. And corporate America is responding responsibly by offering severance pay. My amendment simply takes the first $3,000 of severance pay offered to any American who loses their job through downsizing and makes that $3,000 tax free. It is offset. It is responsible. It is an appropriate Government response to a corporate policy which is the right way to help Americans to adjust to start their own businesses or retirement. I urge the adoption of the amendment.

Mr. TORRICELLI. Mr. President, I thank the Chairman.

Mr. TORRICELLI

Mr. TORRICELLI. Mr. President, today, Senator Kerry and I are introducing the Save America's Forests Act. I rise to draw this country's attention to the management practices that threaten the health of our Nation's forest lands. When this country was founded over 200 years ago, it is estimated that there was 1 billion acres of forest land across this Nation. Today, 95 percent of those original virgin forests have been cut down. Forests are unique and valuable public assets. Large, unfragmented forest watersheds provide high-quality water supplies for drinking, agriculture, industry, as well as habitat for recreational and commercial fisheries and other wildlife. The large-scale destruction of natural forests threatens other industries such as tourism and fishing with job loss. As a legacy for the enjoyment, knowledge, and well-being of future generations, provisions must be made for the protection and perpetuation of America's forests. We must also set an example to poorer developing countries to preserve their vast forests so they do not make the same mistakes we did. We cannot call upon these countries to preserve large portions of their rain forests when we do not preserve the last fraction of our own ancient forests. Clear cutting, even aged logging practices, and timber road construction have been the preferred management practices used on our Federal forests in recent years. These practices have caused widespread forest ecosystem fragmentation and degradation. The result is species extinction, soil erosion, flooding, declining water quality, diminishing commercial and sport fisheries--that is, salmon--and mudslides. Mudslides in Western forest regions during recent winter flooding have caused millions of dollars of environmental and property damage, and resulted in several deaths. An environmentally sustainable alternative to these practices is selection management: the selection system involves the removal of trees of different ages either singly or in small groups in order to preserve the biodiversity of the forest. Destructive forestry practices such as clearcutting on Federal lands was legalized by the passage of the National Forest Management Act of 1976. From 1984 to 1991, an average of 243,000 acres were clearcut annually on Federal lands. During the same time period an average of only 33,000 acres were harvested using the protective selection management practices. Interpretations of forestry laws have also been used by Federal managers to include the promotion of even age logging and road construction. In addition, the laws are not effective in preserving our forests because in many cases judges do not allow citizens standing in court to ensure that the Forest Service or other agencies follow the environmental protections of the law. I am introducing this legislation to halt and reverse the effects of deforestation on Federal lands by ending the practice of clearcutting, while promoting environmentally compatible and economically sustainable selection management logging. It is important to note this legislation would only apply to Federal forests which constitute 20 percent of the country's harvestable timber supply, the vast majority of the 490 million acres of harvestable timber are privately owned and unaffected by the bill. This legislation puts forward positive alternatives that will achieve two principle policies for our Federal forests. First, the act would ban logging and road building in remaining core areas of biodiversity throughout the Federal forest system including roadless areas, specially designated areas and 13 million acres of Ancient Forests. Second, in noncore areas it would abolish environmentally dangerous forms of logging such as clearcutting and even aged logging. The act requires selection management logging practices to be used whereby timber companies would only be allowed to log a certain percentage of the forests over specified periods of time. Further it takes extra steps to protect watersheds and fisheries by prohibiting logging in buffer areas along streams, lakes, and wetlands. The act would also call for an independent panel of scientists to develop a plan to restore and rejuvenate those forests and their ecosystems that are damaged from decades of these logging practices. And finally, the legislation would empower citizen involvement in insuring compliance with environmental protections of forest management laws by making certain that all citizens have standing to pursue actions in court. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.