S12900 CONGRESSIONAL RECORD — SENATE October 21, 1998 favorable consideration for the appointment My eager craft through footless halls of air. moved by their testimony, by the per- of Judge Richard Paez to serve on the Ninth Up, up the long, delirious, burning blue sonal accounts of their experiences in Circuit Court of Appeals. Based on a review I’ve topped the windswept heights with easy Haiti, and the brutality that they fled. of his past judicial experience and integrity, grace I had the opportunity to meet others I believe that Judge Paez has both the capac- Where never lark, or even eagle flew in this category on my trips to Haiti, ity and desire to continue to do an outstand- And, while with silent, lifting mind I’ve trod ing job. The high untrespassed sanctity of space, and my visits to Guantanamo Bay, Your consideration in this matter is great- Put out my hand, and touched the face of Cuba. Even in these harsh conditions, ly appreciated. God. the spirit and determination of these Sincerely, By Pilot Officer John Gillispie Magee, Jr. brave individuals was remarkable, PETE BRODIE, No 412 Squadron, RCAF (1922–1941) struggling to liberate themselves and President, ALADS. ‘‘High Flight’’, a poem by John Gil- their families from persecution and lespie Magee, Jr. An American/British brutality. They are following in the DEPARTMENT OF tradition of fighters for freedom and CALIFORNIA HIGHWAY PATROL, fighter pilot. He flew with the Royal Canadian Air Force in World War II. He justice worldwide. Sacramento, CA, April 15, 1998. Our nation has, since its foundation, Hon. ORRIN G. HATCH, came to Britain, flew in a Spitfire Chairman, Committee on the Judiciary, U.S. squadron, and was killed at age 19 on served as a refuge of those seeking jus- Senate, Washington, DC. December 11, 1941, during a training tice and safety. The evolution of our DEAR SENATOR HATCH: I understand that flight from the airfield near Scopwick, country’s current refugee policy is in President Clinton has nominated Judge Lincolnshire. The poem was written on many ways to ensure that we avoid sit- Richard A. Paez to serve on the United uations, such as the one that devel- the back of a letter to his parents States Court of Appeals for the Ninth Dis- oped, close to my home state, in the which stated, ‘‘I am enclosing a verse I trict. time leading up to World War II. The wrote the other day. It started at 30,000 Judge Paez’ long and distinguished judicial vessel St. Louis moored within sight of feet, and was finished soon after I land- career began with his appointment to the the city of Miami for several days, Los Angeles Municipal Court in 1981. He ed.’’ ∑ filled with passengers of the Jewish served as Presiding and Supervising Judge in f that court and as a judge in the Los Angeles faith, fleeing the violence in Europe. Superior Court and California Court of Ap- HAITIAN REFUGEE IMMIGRATION Our country refused them safety. The peal. In 1994, President Clinton nominated FAIRNESS ACT passengers returned to Europe, many him to the United States Central District ∑ Mr. GRAHAM. Mr. President, be- of them to their certain death. Court where he has served with distinction. cause of a tremendous bipartisan ef- Since then, beginning with specific Judge Paez’ education, experience and de- refugee legislation in the decades after fort, and the support of many of our sire to serve make him extremely well-quali- the war and developing into the Refu- nation’s local community leaders, a fied to serve on the Ninth Circuit Court of gee Act of 1980, the United States of step toward justice and fairness for Appeals. His character and integrity are im- America has offered freedom and sanc- peccable. I recommend that his appointment Haitian refugees will be taken by this tuary to those fleeing persecution, bru- receive favorable consideration. Congress. Sincerely, The effort began on November 11, tality, and human rights abuses. The bipartisan effort that led to the D.O. HELMICK, 1997, and will culminate in the passage passage of the Haitian Immigration Commissioner.∑ of this omnibus budget bill. Fairness Act ensures that we maintain f My colleagues, both in the Senate this valued tradition in the United and the House deserve many thanks: TRIBUTE TO LIEUTENANT States. We will treat Haitian national Senator CONNIE MACK, Senator KEN- GENERAL DAVE MCCLOUD refugees in the same manner as we NEDY, Senator ABRAHAM, Representa- have treated similarly situated individ- ∑ Mr. KEMPTHORNE. Mr. President, I tives MEEK, CONYERS, DIAZ-BALART and uals over the last decades. rise today to offer a tribute to Air ROS-LEHTINEN. The support of the Force Lieutenant General Dave J. In relation to one aspect of the legis- White House was instrumental in lation, I wanted to clarify the intent of McCloud who died in a tragic plane reaching the final agreement to in- crash on July 26, 1998 in Alaska. Dave the section dealing with stays of depor- clude this legislation in the omnibus tation. The intent of this legislation is McCloud was an outstanding officer, appropriations bill. In both chambers, husband and father. The nation and the that the INS would not seek to remove with both parties, the Haitian Refugee a qualified spouse or the child of a Air Force lost one of its finest military Immigration Fairness Act gained the leaders when Dave McCloud passed qualified alien who has applied for re- support needed for passage. lief under this legislation, and received away. General McCloud was an ener- In so many instances, this legislation getic, sincere and honest man who I a stay of deportation or removal. meant life or death for the refugees Again, many of my colleagues in the considered a true friend. Like many who came here seeking safety from Senate and the House deserve thanks others, I mourn Dave’s passing every persecution. In the field hearing, held for their tremendous support on this day. in Miami last December, Amnesty effort. It will make a difference in the I know Dave’s wife Anna misses her International stated unequivocally lives of many individuals who are a partner and I know his son and daugh- that the safety of refugees who were part of our vibrant South Florida com- ter, Robyn, miss their father. I offer deported to Haiti could not be guaran- munity. They will no longer be in im- my deepest condolences to all of Dave’s teed. migration limbo, and can continue to family and friends. I was so appreciative, not only of the build their part of the American As a final tribute to fighter pilot bipartisan support that this legislation dream.∑ Dave McCloud, I offer the following received, but of support that crossed f poem, ‘‘High Flight,’’ which epitomizes national lines as well. From the begin- my friend in so many ways. ning, the Hispanic community: SERBIAN CRACKDOWN ON HIGH FLIGHT Fraternidad Nicauaguense, the Bloque INDEPENDENT MEDIA (By John Gillispie Magee, Jr.) de Apoyo a la Unidad Nicaraguense, ∑ Mr. D’AMATO. Mr. President, I rise Oh, I have slipped the surly bonds of earth Unidad Hondurena, the Cuban-Amer- today to call to my colleagues’ atten- And danced the skies on laughter-silvered ican community, and others have tion an ominous and entirely predict- wings; joined together to help their Haitian able development—Slobodan Milosevic Sunward I’ve climbed, and joined the tum- brethren achieve immigration fairness. is closing the independent media in bling mirth The measure of this legislation’s im- Serbia. He is following the time-worn Of sun-split clouds—and done a hundred pact can best be seen through the eyes practice of dictators by trying to con- things of those individuals who were most im- You have not dreamed of—wheeled and trol Serbians’ thinking—and therefore soared and swung pacted by the previous state of affairs. their politics—by controlling their ac- High in the sunlit silence, Hov’ring there, I had the opportunity, the pleasure, to cess to information. I’ve chased the shouting wind along, and meet many of them at our hearing in The Senate and House have declared flung Miami. Every audience member was that we have reason to believe that October 21, 1998 CONGRESSIONAL RECORD — SENATE S12901 Milosevic has committed war crimes, Mr. President, while we cannot save requirements of the international commu- crimes against humanity and genocide. the independent media in Serbia from nity. And he will be making very clear that While offenses like denying freedom of Milosevic’s wrath, we must let them NATO will use military force against the speech, assembly, and the press to his Serbs if he [Milosevic] doesn’t comply,’’ know that we care, that we have not Rubin said. people don’t rise to that capital crimi- forgotten them, that we support them, U.S. and NATO officials have complained nal level, they further demonstrate his and that we understand that a demo- that Milosevic still has not withdrawn all fine disdain for the rules and values of cratic Serbia open to the West and the the special police units sent to Kosovo in the rest of the world, and his iron de- world is the solution to lasting peace February when he launched his crackdown termination to hold power at all costs. in the Balkans. I also want to express against ethnic Albanian separatists of the Kosovo Liberation Army. We are treated to the spectacle of my support for our efforts to sustain Milosevic’s killers conducting ethnic The guerrillas have been fighting for inde- Serbian-language broadcasting into pendence for Kosovo, a province of Yugo- cleansing in Kosovo while he and his Serbia, which is even more important slavia’s main republic of Serbia. Ethnic Al- political allies use the Kosovo conflict now that independent domestic voices banians comprise 90 percent of Kosovo’s 2 as a tool to divide and suppress Serbian are stifled by force. million inhabitants. domestic political opposition. The The people of Serbia are not enemies Under an agreement with Holbrooke, mass public demonstrations aimed at Milosevic pledged to meet a series of U.N. de- of the United States. The Milosevic re- mands—including a withdrawal of special po- the creation of democracy in Serbia gime is not just an enemy of the have ceased. Factions joined together lice and army units, halting the crackdown, United States, it is an enemy of the in opposition to Milosevic have been allowing international agencies to aid refu- world. The sooner those powers that gees and resuming talks with ethnic Alba- split apart, as he has appealed once extend, in some form, comfort and sup- nians on the future of the province. again to extreme nationalist Serbian port to Milosevic realize this, the soon- Meanwhile, recent violence has prompted sentiment. er we can move toward the establish- Yugoslav army troops backed by Serbian po- Indeed, his excuse for closing these lice to maintain a presence. The official independent media outlets has been be- ment of peace in the Balkans. Yugoslav news agency Tanjug said today a cause they have been spreading ‘‘fear, It is in no power’s interest that there Serbian policeman was wounded when ‘‘ter- panic and defeatism’’ and undermining should be lasting war, political insta- rorists’’ attacked a police patrol near Klina, ‘‘the people’s readiness to safeguard bility, and economic depression in the 30 miles southwest of Pristina, the capital. U.S. officials have also warned the Kosovo the territorial integrity and sov- Balkans. Whatever advantage may be gained in the short term by diverting Liberation Army to halt such attacks. ereignty of Serbia.’’ He has been so In Pristina, the rebels issued a statement happy with the results of this effort time, money, forces, and energy to cop- detailing a series of demands, chief among that his tame parliament, according to ing with the results of Milosevic’s un- them the withdrawal of all government a report in the October 21, 1998 edition bridled political ambition can vanish forces from the province. In a statement to of the Washington Post, ‘‘adopted a quickly. If he should miscalculate or if Albanian-language media, rebels also de- new information law today that critics any number of unpredictable events manded a halt to arrests of suspected guer- rillas, release of ‘‘political prisoners’’ and in- say further restricts independent should take place, this conflict could spill across international borders with vestigations of ‘‘crimes against humanity.’’ media and leads the country back to- ‘‘Failure to fulfill those demands will im- ward dictatorship. The law bans broad- incalculable consequences. pose on [the Kosovo Liberation Army] the casts of Serbian-language programs by In conclusion, while expressions of continuation of the war for freedom, inde- foreign media and calls for huge fines our outrage cannot reopen newspapers pendence and democracy,’’ the rebels said. against media editors and owners who or turn on radio or television transmit- Meanwhile, the Serbian parliament adopt- ed a new information law today that critics disobey the decree. It also gives broad ters, we can give hope and courage to those who believe in basic human say further restricts independent media and powers to the authorities and places leads the country back toward dictatorship. further restrictions on working per- rights. Freedom of speech, assembly, The law bans broadcasts of Serbian-lan- mits for media organizations.’’ and the press are essential to the cre- guage programs by foreign media and calls This situation was thoroughly dis- ation and function of civil society. Ser- for huge fines against media editors and cussed in a Washington Post op-ed en- bia and Montenegro have promised in owners who disobey the decree. It also gives titled ‘‘Darkness Over Serbia,’’ by the Helsinki Accords and elsewhere to broad powers to the authorities and places Slobodan Pavlovic, printed in the Tues- respect and protect these rights, and further restrictions on working permits for media organizations. day, October 20, 1998 edition on page Milosevic’s regime is in clear and bla- A19. I commend this article to my col- tant violation of these commitments. I [From the Washington Post, Oct. 20, 1998] leagues. expect the United States and our allies DARKNESS OVER SERBIA Milosevic has carefully calibrated his to make clear to Milosevic that we (By Slobodan Pavlovic) defiance of the rest of the world. He know what he has done and is doing Fortunately, bombs did not fall on Serbia. knows, or at least thinks he knows, and will hold him responsible for these But Serbia still found itself in darkness—a what it would take to trigger a forceful actions. media darkness characterizing totalitarian response to his actions, and he stays I ask that an article entitled regimes. A darkness that never existed even just short of that threshold. The ter- ‘‘Milosevic Told He Hasn’t Met NATO during the time that we are ready today to rible consequences of his determina- Demands’’ be printed in the RECORD. call ‘‘Tito’s dictatorship in Yugoslavia.’’ tion, and the world’s forbearance, are The ruling red-black coalition in Belgrade The article follows: (Slobodan Milosevic’s Socialists, the Com- clear to see in the faces of the refugees [From the Associated Press, October 21, 1998] munists of his wife Mira Markovic and radi- in Kosovo and hear in the silence left MILOSEVIC TOLD HE HASN’T MET NATO cals led by Vojislav Seselj) has imposed a by the suppressed voices of his domes- DEMANDS sort of dictatorship in Serbia. The govern- tic opposition in Serbia. (By Tom Cohen) ment order to close down the leading inde- Just as in Bosnia, the international pendent dailies Nasa Borba, Dnevni Telegraf community, represented by Ambas- PRISTINA, Yugoslavia, Oct. 20.—NATO’s and Danas, to silence a number of radio sta- sador Richard Holbrooke, has gone to military chief warned Yugoslav President tions and to ban transmission of foreign Slobodan Milosevic today he still has not broadcasts, has created legal ground for the Milosevic in Belgrade, looking for met terms of an agreement to avert air- peace in Kosovo. Once again, we have so-called ‘‘Information Bill,’’ which was ur- strikes. gently prepared for the Serbian assembly. made Milosevic the indispensable man, U.S. Army Gen. Wesley Clark delivered the On the battlefield for truth in Serbia there and thereby encouraged him to remain message to Milosevic in the capital Belgrade are left two privately owned tabloids, two difficult, at a level that requires our as a new surge of violence raised fears about independent news agencies and the Associa- constant attention. In addition, in the the Oct. 12 agreement with U.S. envoy Rich- tion of the Independent Electronic Media, process of seeking Milosevic’s agree- ard C. Holbrooke aimed at ending the ethnic led by the popular radio station B92. How ment to abide by the terms of a United conflict in Kosovo province. Their meeting long they will survive remains to be seen. began around 6 p.m. today and ended late in Nations Security Council resolution, The regime is sending threatening signals the evening. that, after the downing of the flagships of our visiting delegations have not met Earlier, State Department spokesman the independent media, it will deal with all with the democratic opposition in Ser- James P. Rubin told reporters in Washington the other ‘‘sources of the enemy propa- bia. This has sent a regrettable mes- that Clark would talk to the Yugoslav leader ganda,’’ including owners of the satellite sage, one that we should not have sent. ‘‘about his failure to comply fully with the dishes and Internet providers in Serbia. S12902 CONGRESSIONAL RECORD — SENATE October 21, 1998 Although Slobodan Milosevic announced There cannot be real solutions for the tion of his nomination, Mr. Hormel last week that the agreement on Kosovo problems in Kosovo and Bosnia without de- himself was subjected to repeated accu- reached with ambassador Richard Holbrooke mocracy in Serbia, and there will not be de- sations in the form of ‘‘morning busi- has eliminated immediate danger of war, the mocracy in Serbia as long as Slobodan closing down of the independent media is Milosevic is in charge in Belgrade. The cur- ness statements’’ and comments to the still being carried out for, allegedly, spread- rent media darkness over Serbia confirms news media. ing ‘‘fear, panic and defeatism’’ and under- that said fact.∑ I can only say, Mr. President, that, in mining ‘‘the people’s readiness to safeguard NOMINATION OF JAMES C. HORMEL my view, the Senate failed to take up the territorial integrity and sovereignty of ∑ Mrs. BOXER. Mr. President, I am the nomination of James Hormel for Serbia.’’ deeply saddened that the Senate will the sole reason that he is gay. Milosevic’s war against truth, which has adjourn for the year without approving The Senate should have debated and been fought since the beginning of the break- voted on this nomination. If it had down of the former Yugoslavia, has contin- the nomination of James C. Hormel to ued on Kosovo. Intentions of the Belgrade be U.S. Ambassador to Luxembourg. done so, I am confident that Mr. despot are clear: He obviously does not want Mr. Hormel’s nomination has been Hormel would have been confirmed. the threat of the NATO force he has brought pending in the Senate, but it has never But, because of the prejudice of a few to Serbia to receive media coverage at home, even been scheduled for debate. individuals, James Hormel has been de- except that provided by government propa- Since James Hormel’s nomination nied the opportunity to serve his coun- ganda. Only that way can he conceal from was favorably reported out of the Sen- try in a position at which I believe he the people who are already generally brain- ate Foreign Relations Committee last would have excelled and made us all washed by official propaganda, the fact that year, many senators have asked the proud. the agreement with Holbrooke represents no Majority Leader to schedule a debate The failure to act on the nomination victory for Serbia (as claimed by the con- and vote. Many have recognized Mr. trolled media in Belgrade) but an ultimatum of James C. Hormel will forever be a from the international community on the Hormel’s extensive knowledge of diplo- blot on the record of this Senate.∑ macy, international relations and the basic issues of Kosovo, which could have f been resolved a long time ago—without war, business world, his outstanding record victims, destruction, refugees and OSCE and of service to his community and his na- CONGRESSIONAL BUDGET OFFICE NATO verifiers. tion, and his leadership qualities—all REPORT—S. 2500 The British prime minister, Tony Blair, of which make him obviously qualified ∑ Mr. MURKOWSKI. Mr. President, I stated a few days ago that President for the post to which he was nominated ask that the following report by the Milosevic is deluding himself if he counts on by the President. using the latest breakthrough in the Kosovo James Hormel graduated from Congressional Budget Office on S. 2500 talks as leverage to undermine the remain- Swathmore College and shortly there- by printed in the CONGRESSIONAL ing political opponents in Serbia. This mes- RECORD for the information of all Mem- sage from London sounds promising, but after earned his Juris Doctorate at the University of Chicago Law School. He bers. would serve even better if the free world The report follows: were to confirm it by taking a few concrete served for several years as the Dean of steps. Students and Assistant Dean at the U.S. CONGRESS, The Cold War was a war for democracy, University of Chicago Law School. CONGRESSIONAL BUDGET OFFICE, which America won without firing one single Since 1984, he has presided as Chairman Washington, DC, October 14, 1998. bullet. Would it not be ironic and tragic that Hon. FRANK H. MURKOWSKI, of EQUIDEX, Inc., an investment firm Chairman, Committee on Energy and Natural lessons in democracy are to be given now by based in San Francisco. dropping NATO bombs on those still living in Resources, U.S. Senate, Washington, DC. the times before the fall of the Berlin Wall? For the past 30 years, Mr. Hormel has DEAR MR. CHAIRMAN: The Congressional Cooperation of the Belgrade regime could been a dedicated philanthropist, gener- Budget Office has prepared the enclosed cost be secured only by threatening Milosevic ously working to support a wide range estimate for S. 2500, a bill to protect the with ‘‘arguments’’ from the commander of of worthy causes. For his unselfish acts sanctity of contracts and leases entered into NATO, Gen. Wesley Clark. However, the of giving, he has received several by surface patent holders with respect to agreement reached later (it would be a mis- awards and honors. In 1996, he was coalbed methane gas. take to characterize it as a peace agreement; named Philanthropist of the Year by If you wish further details on this esti- at best, it is a cease-fire) does not address at the Golden Gate Chapter of the Na- mate, we will be pleased to provide them. all the fundamental underlying problem of The CBO staff contact is Victoria V. Heid. continuing political instability in Balkans— tional Society of Fundraising Execu- Sincerely, the lack of democracy in Serbia. In fact, the tives. JUNE E. O’NEILL, Kosovo agreement strengthens Milosevic’s On the local level, Mr. Hormel is an Director. authoritarian power. He will now quickly es- active member of the San Francisco Enclosure. tablish full cooperation with international community working with several im- CONGRESSIONAL BUDGET OFFICE COST ESTIMATE humanitarian agencies, while proclaiming at portant civic organizations. His cur- S. 2500—A bill to protect the sanctity of con- home that he has done his duty in suppress- rent projects include the San Francisco tracts and leases entered into by surface ing the terrorist rebellion in Kosovo. Chamber of Commerce, the Human patent holders with respect to coalbed meth- Friends of Serbia abroad often say that the Rights Campaign Foundation, the San ane gas Serbian people have to start helping them- selves, before anyone else can help them on Francisco Symphony and the American CBO estimates that enacting S. 2500 would their road to democracy. That is true. But it Foundation for AIDS Research. have no significant impact on the federal is also true that the United States and, gen- James Hormel has the necessary budget in the next five years, although it is erally, the international community have up skills and talents to serve as an ambas- possible that the legislation could result in a to now not paid the necessary attention to sador. He is clearly qualified to rep- loss of offsetting receipts. Because the bill the existing democratic alternative in Ser- resent his country in Luxembourg. He could affect direct spending, pay-as-you-go bia, nor have they offered them the nec- has as clear a record of achievement procedures would apply. S. 2500 contains no essary help required. and service as any ambassadorial nomi- intergovernmental or private-sector man- For example, in the agreement between dates as defined in the Unfunded Mandates nee the Senate has ever considered. Reform Act and would impose no costs on Holbrooke and Milosevic, a condition is set But despite Mr. Hormel’s impressive that within nine months free and fair elec- state, local, or tribal governments. tions must be held in Kosovo, but it is not resume and the favorable recommenda- In many parts of the west, ownership of the noted anywhere that the same regular elec- tion of the Foreign Relations Commit- subsurface estate is split: the coal estate, oil tions in Serbia proper should be one of the tee, his nomination was not even given and gas estate, and hardrock mineral estate conditions for its reentry into the inter- the courtesy of a debate by the full may all be separately owned. Until recently, national institutions. Senate. Why not? Any senator who current law has been interpreted to associate Equally, the Clinton administration has questioned Mr. Hormel’s qualifications coalbed methane (CBM) with the oil and gas for some time been advised to begin diplo- to be ambassador to Luxembourg could estate. Thus, royalties from CBM production matic isolation of President Milosevic, in- have done so in a public debate on the are paid to the owner of the oil and gas es- stead of providing him with the public image tate. of an internationally recognized and re- Senate floor. That is every senator’s On July 20, 1998, the 10th U.S. Circuit spected leader. As the representatives of the right. That is the Senate’s procedure. Court of Appeals ruled that CBM is associ- Serbian democratic alternative said during That is the Constitutional process. ated with the coal estate rather than the oil their recent visit to Washington: ‘‘Milosevic Unfortunately, however, instead of a and gas estate. If upheld, this ruling would is the problem, not the solution for Serbia.’’ debate by the full Senate on the ques- mean that where the coal estate and the oil