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Vol. 131

WASHINGTON, FRIDAY, DECEMBER 20, 1985

No. 178

United States of America

PROCEEDINGS AND DEBATES OF THE

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99th CONGRESS,

FIRST SESSION

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Q:ongrrssional Record United States .j f 1.merica

Vol. 131

PROCEEDINGS AND DEBATES OF THE

99

th

CONGRESS, FIRST SESSION

\VASHINGTON, FRIDAY, DECEMBER 20, 198;

No. 178

Ht;Juse of Representatives (Legislative day of Thursday, December 19, 1985) AFTER RECESS The recess having expired, the House was called to order by the Speaker pro tempore [Mr. WRIGHT] at 1 b'clock- and 30 minutes p.m. on Friday, December 20, 1985.

PRAYER The Chaplain, Rev. James David Ford, D.D., offered the following prayer: Ltt. us pray in the words of St. FranLord. make me an instrument of thy peace, Where there is hatred. hit me sow Jove; Where there is Injury, pardon: Where there is doubt. faith: Where there is despair, hope: Where there is darkness, light: and Where there is sadness, joy.

0. Divine Master, grant that I may not so much seek to be consoled as to consple; To be understood as to understand: To be loved as to Jove.

For it is in giving that we receive; It is in pardanlng that we are pardoned.

And it is in dying that we are born to eternal life.

Amen.· AUTHORIZING THE CHAIR TO DECLARE RECESSES ANY TIME DURING THIS LEGISLATIVE DAY Mr. FOLEY. Mr. Speaker, I ask unanimous consent that it shall be in order for the Chair to declare recesses any time during this legislative day.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Washington?

There was no objection.

CONVENING OF 2D SESSION OF THE 99TH CONGRESS Mr. FOLEY. Mr. Speaker. I ask unanimous consent to take from the Speaker's table the Senate joint resolution <S.J. Res. 255), relative to the

convening of the 2d session of the 99th Congress, and I ask for its immediate consideration.

The Clerk read the title of the Senate joint resolution.

The SPEAKER pro tempore. Is there objection to the request of the gentleman fH•m \Vashington?

There was no objection.

The Clerk read the Senate joint resolution, as follows:

shall begin at 12 o'clock meridian on Tuesday, January 21, 1986.

The Senate joint resolution was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

GENERAL LEAVE Mr. WEISS. Mr. Speaker, I ask Resolved by the Senate and House of Rep- unanimous consent that all Members resentatives of the United Stc.tes of America be permitted 5 legislative days in in Congress assembled, That the second reg· which to extend their remarks and to ular session of the Ninety-ninth Congress include therein extraneous material S.J. RES. 255

NOTICE A final issue of the daily Congressional Record for the Ninety-ninth Congress, first session, will be published on December 30, 1985.

None of the material printed in the Congressional Record after adjournment may contain subject matter, or relate to any event, which occurred after the date Congress officialiy adjourned.

No provision herein shall be construed to supersede the two-page limitation ru!e. · All material must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates, Room HT-60 or &-220 of the Capitol, by December 30. These offices are open Monday through Friday, between the hours of 10:00 a.m. and 3:00p.m.

Members of Congress· desiring to purchase reprints of material submitted for Record printing during the adjournment may do so through the Congressional Printing Management Division located at the Government Printing Oftce. That office may be reached by telephoning 275-2226 between the hours of 8:00a.m. and 4:30p.m. daily.

By <?rder of the Joint Committee on Printing.

CHARLES McC. MATHIAS, JR., Chairman.

0 This symbol represents the rir:ue of dar during the House proceedings, e.g., 0 1407 is 2:07 p.m.

Boldface type indicates words inserted or appended, rather rhan spoken, br a Member of the House on the floor.

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on the Senate bill, S. 1840, travel al- amended by striking out ''December 20, 1985" and inserting in lieu thereof "March lowance to Government emploYees. _ The SPEAKER pro tempore. Is 15, 1986".

OF MEDICARE HOSPITAL AND there objection to the request of the SEC. 2. EXTENSION PHYSICIAN PAY:\IENT PROVISIONS. gentleman from New York?

Section 5<cl of the Emergency Extension There was no objection.

Act of 1985 <Public Law 99-107) is amended EXTENDING FOR A TEMPORARY PERIOD CERTAIN TAX PROVISIONS Mr. ROSTENKOWSKI. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill <H.R. 4006) to extend until March 15, 1986, the application of certain tobacco excise taxes, trade adjustment assistance, certain Medicare reimbursement provisions, and borrowing authority under the Railroad Unemployment Insurance Program, and to amend the Internal Revenue Code of 1954 to extend for a temporary period certain tax provisions of current law which would otherwise expire at the end of 1985," with Senate amendments thereto, and路 concur in the Senate amendments with an amendment.

The Clerk read the title of the bill.

The Clerk read the Senate amendments and the House amendment to the Senate amendments, as follows: Senate amendments: Strike out all after the enacting clause and Insert:

SEC'I"ION I. EXTENSION m' INCREASE IN TAX ON CIGARgTI'ES. Subsection (cl of section 283 of the Tax Equity and Fiscal Responsibility Act of 1982 <relating to Increase in tax on cigarettes) is amended by striking out "and before December 20. 1985" and inserting in lieu thereof "and before March 15, 1986".

SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM. Section 285 of the Trade Act of 1974 <19 U.S.C. note preceding section 227ll is amended by striking out "December 19, 1985" and inserting in lieu thereof "March 14, 1986".

SEC.

3.

EXTENSION OF BORROWING AlJTHOIUTY UNDER THE RAILROAD UNEMPLOY路 MENT INSURANCE AC'I".

Section 10(dl of the Railroad Unemployment Insurance Act Is amended by striking out "December 19, 1985" each place It appears antl inserting in lieu thereof "March 14, 1986".

SEC. 4. EXTENSIO:'ol OF MEDICARE PHYSICIAN PAY路 MENT PROVISIONS. Section 5 of the Emergency Extension Act of 1985 <Public Law 99-107) is amended by striking out subsection <al. and by striking out "December 19, 1985' in subsection <cl and Inserting in lieu thereof "March 14, 1986".

Amend the title so as to read: "An Act to extend until March 15. 1986, the application of certain tobacco excise taxes. trade adjustment assistance, certain medicare reim路 bursement provisions, and borrowing authority under the railroad unemployment insurance program.".

House amendment to the Senate amendments: In lieu of the matter proposed to be inserted by the amendment insert the following:

SECTION

I.

EXTENSION OF INCREASE IN TAX ON CIGARETTES.

Subsection <cl of section 283 of the Tax Equity and Fiscal Responsibility Act of 1982 <relating to increase in tax on cigarettes> is

by striking out "December 19, 1985" and inserting in lieu thereof "March 14. 1986".

SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on December 19, 1985. As an exercise of authority under the commerce, taxation, and other powers under the Constitution, the amendment made by section 1 shall be treated for purposes of all Federal and State laws as enacted on December 19, 1985.

Mr. FRENZEL (during the reading>.

Mr. Speaker, I ask unanimous consent that the amendments be considered as read and printed in the RECORD. The SPEAKER pro tempore <Mr. ALEXANDER). Is there objection to the request of the gentleman from Minnesota?

Mr. PICKLE. Mr. Speaker, reserving the right to object, I want to ask the chairman of the Committee on Ways and Means or the gentleman on the minority side what this motion does so that we can understand what our options are.

Mr. ROSTENKOWSKI. Mr. Speaker, will the gentleman yield?

Mr. PICKLE. Under my reservation, I yield to the gentleman from Illinois, the chairman of the Committee on Ways and Means.

Mr. ROSTENKOWSKI. I thank the gentleman for yielding.

Mr. Speaker, yesterday the House approved and sent to the Senate a bill, H.R. 4006, that extended through March 15, 1986, certain tax, Medicare and other provisions which expired either at midnight last night and others that expire at the end of this year. These provisions are addressed on a permanent basis in the tax reform bill or the reconciliation conference report also adopted by the House yesterday.

The Senate passed H.R. 4006 with an amendment that stripped out all of the House extensions but the four provisions that expired last night: First, the 16-cent tobacco tax; second, the Trade Adjustment Assistance Program; third, borrowing authority for the railroad unemployment fund; and fourth, Medicare reimbursement provisions for physicians. However, the Senate amendment did not include the extension of Medicare hospital reimbursement provisions that also expired last night, and which were included in the House passed bill. Unfortunately, the Senate amendment did not include the extension of many important tax provisions which are scheduled to expire at the end of this year.

Mr. Speaker, I am asking that the House return H.R. 4006 to the Senate with a further amendment which would include: First, the extension of the Medicare hospital reimbursement provision previously passed by the House; -and second, make the exten-

December 20, 1985

sion of the cigarette excise tax effective as of midnight last night. This latter provision is necessary to prevent imposition of automatic cigarette excise taxes increases under various State laws. These provisions are identical to two of the provisions included in the version of H.R- 4006 originally passed by the House last night_ In fact, this will be the fifth time we have extended these identical two provisions. The House amendment does not extend the railroad unemployment fund or trade assistance amendments_ The SPEAKER pro tempore. Is there objection to the request of the gentleman from Minnesota?

Mr. PICKLE. Further reserving the right to object, Mr. Speaker, apparently this resolution extends only two parts of the previous legislation, the tax on cigarettes and the Medicare provision. I take it then there is no inclusion, no intent to do anything about the research and development credits, or solar credits, or other energy credits, or the targeted job credits, or other expiring provisions that we had asked for and so desperately need.

Mr. Speaker, can the gentleman tell me why they are not included in this particular package?

Mr. ROSTENKOWSKI. Mr. Speaker, will the gentleman yield?

Mr. PICKLE. I yield to the chairman of the committee.

Mr. ROSTENKOWKSI. I thank the gentleman for yielding.

Mr. Speaker, we tried last night to provide relief for not just the two items that the gentleman mentioned, but many other amendments, and the other body just refused to accept those. It is my understanding that these two will be accepted and that the others, for some reason unknown to me, are not acceptable.

Mr. FRENZEL. Mr. Speaker, will the gentleman yield?

Mr. PICKLE. Further reserving the right to object, I yield to the gentleman from Milmesota.

Mr. FRENZEL. I thank the gentleman for yielding.

I want to second what the chairman has suggested. We had, I think, 13 items in our extender bill including some very important items, and the most important to me was the extension of the R&D tax credit.

The other body rejected those, sent us back the four. There have been some extended telephone negotiations and some face-to-face negotiations today. We are led to believe that these two, that is, the amendment offered by the gentleman from Illinois, \Vill likely be accepted by the other body.

They are important, they are all that we can accomplish at this time befd're the House adjourns, and, like the gentleman from Texas, I mourn the fact that we cannot do the R&D tax credit, and I hope that we will be able to

December 20, 1985

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CONGRESSIONAL RECORD- HOUSE

extend it retroacti\·ely when the House meets next year.

Mr. PICKLE. Further !"eserving the right to object. I do not think there is anythi1<; more important to. the Nation than a continuation of these R&D credits. There seemed to be gener;:;J consensus amo~;g both sides that they ought to be rene;\·ed. Some 240 Members on the House side endorsed legislation to extend the R&D credits, and yet in the offer going over today we ha1·e none of those except the two that have been mentioned. I wonder if the chairman of the committee or the gentleman from the minority could tell us if there is any prospect that the other body might add some of these credits instead of just the two listed?

Nir. ROSTENKOWSKI. Mr. Speaker, will the gentleman yield further?

Mr. PICKLE. Further reserving the right to object. I yield to the chairman.

Mr. ROSTENKOWSKI. I thank the gentleman for yielding. !Vir. Speaker, I cannot make a judgment about what the other body will do. I do not think they can make a judg:ment about what they are going to do. But I· certainly understand the gentleman's position, and I would only suggest that when we return next year, we can, if it is agreeable, make retmactively the R&D credits and whatever other provisions are neglected to be accepted by the other body.

That is only a commitment that I can make.

Mr. PICKLE. I appreciate that, and I am going to remember that and read the RECORD carefully, because I appreciate that cooperation.

Mr. ROSTENKO'v'iSKI. If the gentleman will yield further, is the gentleman suggesting that the Chair does not cooperate with the gentleman from Texas?

Mr. PICKLE. The gentleman is concerned ti1at this is not in the legislation. The gentleman said he is going to try to get this renewed early next year if 'i.'ie do not do it this afternoon, and to make the renewal retroactive. Now that is a commero.t given in the spirit of Christmas. and I appreciate that.

Mr. RANGEL. Mr. Speaker, will the gentleman yield'?

Mr. PICKLE. Further reserving the right to object. I yield to the gentleman from New York.

Mr. RANGEL. I thank the gentleman for yielding.

Mr. Speaker. I assume our distinguished chairman is including the targeted jobs credit for cor..sideration of this type of priority in the New Year.

But the reason I asked the gentleman to yield was because I do not understand who is talking with the other body. It seems as though there are two different issues that they are considering in the other body. One. of course, is the extensions, and I have to accept the chairman's word that he has done the best he could. and we have no control over the decisions that they have made, and it has to stop somewhere.

But right now somebody in this House is negotiating with the other body as relates to the recor,ciEf'.tion bill. Right now somebody in this House is talking about the value-added tax. they are talking about programs that are essential to the poor of this country, to the sick of this country, and decisions are being made now as to whether or not some agreement can be fashioned that would allow both Houses to conclude their work.

What I am hoping my chairman would be able to respond is: Are we included in those negotiations? Are the extensions included in those negotiations? Or are we operating just on two separate tracks, one for the extension of the tax provisions and the other with Sena!.or PAcKwooD as relates to reconciliation·) Mr. PICKLE. I cannot respond to that.. I can ask the gentleman, though, since I yielded to him from my time and he made reference to the fact that somebody is talking about the valueadded tax, that I would request the gentleman not to use that phrase on my thne. It is an exeise tax, just like about a dozen other excise taxes, and I acknowledge the little chicanery used yesterday to defeat this :measure on that score. But I do not want it on my time.

Mr. DAUB. Mr. Speaker, will the gentleman yield? :Mr. PICKLE. I yield to the gentleman from Nebraska.

Mr. DAUB. I thank the gentleman for yielding.

I know in our mind the results of the debate last night and early this morning are stiil fresh in our memory. I am sympathetic to what my friend from New York said re1ative to other negotiations tt.at may be ongoing at the present time, particularly with respect to programs that \\ill resolve in reconciliation with still yet the opportU.l"lity for the other body to recede and allow that measure to go to the White House. I under;:;tand how important those provisions are to the gentleman from New York. They are important tome.

But on the particular matter before the House at this time, I say to the gentleman from Texll.'l I, too, was very much interested i.<'l the R&D credit. I v:as particularly interested in the energy credits, and I was particularly interested in railroad unemployment and in the educational assistance provisions that the chairman w~ kind enough to include in the extender of present law to March 15 that we had sent from this body to the other body last might.

I understar..d negotiations at this point leave us with only the two in an amendment to the amendment which we are now considering. My question, Mr. PICKLE, to the chairman, if I might have the ability to do that through the g-?ntleman, is whether or not there is a likelihood that the other body may, once we conclude our busi-

ness now, add other matters to this amendment.

Mr. PICKLE. I would be happy to yield to the chairman, the gentleman from Illinois [Mr. RosTENKOWSKI].

Mr. ROSTENKOWSKI. I thank the gentleman for yielding. :Mr. Speaker, once again I say to my colieagues I have no idea; in the discussions that I have had, it has neYer been indicated that they will. These two items that I am bringing up are brought up mainly because of a disruption that would be cat!sed should we not extend the provisions of Medicare and of the cigarette tax.

Mr. DAUB. I thank the gmtleman. I do intend to support this particular unanimous-consent request ard say in conclusion to my friend from Texas I share his concern and would ims.g(r..e that we are not at this point able to predict what the other body may do with this amendment., but perhaps there is still some room for encouragement before the conclusion of the House's business.

I thank the gentleman for his time.

0 1355

Mr. PICKLE. Further reserving the right to object, I will yield to the gentleman .from New York and then I wUI make a concluding statement.. lV!r. R.A..NGEL. Would the gentleman from Texas be kind enough to yield to our c..l-J.airman to see whether I can get some response to my question; and that is. is the extension bill included in the negotiation as relates to the reconciliation package which is being considered by both bodies?

Mr. ROSTENKOWSKI. I have not negotiated in any other area but here, Mr. RANGEL. I do not know of. any other negotiations that are taking place. I am not a part of thern.

Mr. FRENZEL. Will the gentlemar-. yield?

Mr. PICKLE. I will yield in just a minute. Can the gentleman from New York indicate to me what negotiations are going on?

Mr. RANGEL. Well, it is clear to me that v;e had a reconciliation bill going on right now that certain parts of the bill the Senate has disagreed with the House and that we are trying to work out something right now to see whether or not agreement can be reached.

Now, the gentleman on the othe1 side of this aisle are fully aware of the fact, because some of the Members from the other side have come over here to talk with them.

I do not know what is on the bargaining list, but it ·is abundantly clear that some of these extensions are not or: it; and if the chairman of the com· mittee that has jurisdication over these programs that affect the lives of our sick a:ud poor, are not incorporated in the discussion on the other side, then I do not know who the devil is doing the talking.

Mr. PICKLE. I yi;:!d to the gentleman from MinnesotJ..

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_CONGRESSIONAL RECORD- HOUSE

Mr. FRENZEL. I thank the gentleman for yielding.

As far as the minority is concerned, the reconciliation is a dead duck, and it is not our intention over here to do any more work on that or to accept other items from the Senate which would require careful review and analYsis. We obviously are lacking in numhers here today.

There is a question of a veto on the reconciliation and it seems to me that at least_from our standpoint over here, we are not looking to revive the reconciliation until next year.

So I think the gentleman could expect that there would be an objection, were a unanimous-consent request made and in the case of a motion, there would be a request for a roll call vote.

Mr. PICKLE. Mr. Speaker, further reserving the right to object, I will conclude on this statement.

It seems to me a tragedy that the two bodies could not agree on a reconciliation bill. We have a possibility to make savings to start now and in the next 3 years; a savings of approximately $75 to $80 billion.

That opportunity is lost; at least, it is delayed for 30, 60, 90 days. I personally do not believe that the American people are going to understand that, and they are going to take us to task; and they ought to, because we have not met our responsibilities.

It is my further hope that as this measure advances, that the other body would consider adding to this particuJar request those expiring items or the principal items that we had sent to them, as the chairman had outlined originally.

That would specifically include the research and development credits and the solar energy and geothermal energy credits, and the targeted job credit. I would hope the other body would consider that. because if we do not, we leave here on Christmas Eve, so to speak, not having done our duty; and I think that the American people are going to ask us why.

Mr. FRENZEL. Reserving the right to object., Mr. Speaker, I yield to the gentleman from California.

Mr. MATSUI. I thank the gentleman from Minnesota for yielding.

Mr. Speaker, what I would like to find out, if anybody who has been negotiating with the Senate can tell me is, what rationale was given fer not accepting the targeted jobs credit, the R& d D ere its and the solar energy credits. .

W·as the re an Y ra t.wna1e gtven, or was it just that they felt that they did not want to talk about it? · _Mr. FR~NZEL. It is.beyond my a_bilit.r to ascnbe any rat10n3;1e to actwns of. the other body. I th.mk they are gomg to h3:ve to. explam thezr own temporary dtmentta. I cannot.

Mr. MATSUI. I thank the gentleman.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Minnesota?

There was no objection.

The SPEAKER pro tempore. Is there objection to the initial request of the gentleman from Illinois?

Mr. FRENZEL. Mr. Speaker, I reserve the right to object, and I yield to my colleague from Louisiana.

Mr. ROEMER. I thank my colleague for yielding.

The gentleman made an interesting statement that, as far as the minority is concerned, reconciliation is dead.

Mr. FRENZEL. Well, if I might interrupt for a moment, perhaps I overstated that in spreading to the minority; but I do know that there are Memhers here who are going to object if some new version is brought. back.

So it seems to me that it is practically dead if not technically dead.

I yield to the gentleman.

Mr. ROEMER. I thank the gentleman for his statement. I wonder if, in addition, the gentleman inferred or maybe said explicitly, that one of the reasons for reservations on the part of the minority was the fact that there was a veto lurking in the part of reconciliation. Am I right in saying that?

Mr. FRENZEL. No; that was simply an explanation of the conditions. It was not a rationale for a decision to do something or not do something here.

Mr. ROEMER. If the gentleman will yield further, the gentleman speaks so well-Mr. FRENZEL. No, just so often.

Mr. ROEMER. Well, that, too. For the minority, I wonder if the gentleman could assess the minority's feeling on the dollars involved in reconciliation, an involvement that we are not taking advantage of for another 30, 60, 90 days or longer.

For example, if there are $65 billion or $70 billion in savings in the bill, and we delay that kind of savings for a certain length of time, the interest costs on that loss of opportunity savings is enormous; and I know the minority has established an excellent reputation of being concerned about how we spend our money around here.

It seems that we are spending money now by dilly-dallying on the reconciliation, and it could amount to more than the proposed savings from the veto on the part of the President.

Mr. FRENZEL. I thank the gentleman for his contribution; and he has been a great opponent of deficits; and so I know the gentleman means what he is saying.

All we are trying to do in the bill th a t IS · pendmg · b efore us ts · to save a half a b1'll' n d 11 -h· h ··11 , 10 o ars .v.· tc wt. occur by reason of extendmg the c1garette taxes.

With respect to the reconciliation bill, I think we can probably talk about that later on 1 minute or whatever. My personal feeling has been I do not speak for the minority, first of all. My personal feeling is that the bill saves not $80, not $65, but $27 billion

December 20, 1983

over 3 years. I think it has lots of flaws in it.

My personal objection to bringing it back is that we haYe mo\'e to between the two Houses I think three times in the last 24 hours. It is beginning to ge~ complicated. We need the time to look it 0\·er; the whole House deserves a chance to make decisions about it: it would have to be done under unanimous consent. My judgment is that that is a bad way to do it.

Mr. ROEMER. Would the gentleman yield for a final question, and I will leave him alone, I promise.

Mr. FRENZEL. Well, I do not feel you are harassing me. I yield to the gentleman for as long as he wants.

Mr. ROEMER. I would not do that.

Where I am from, $27 billion is a lot of money. We ought to sa\·e it.

Mr. FRENZEL. I thank the gentleman. I Yield to the distinguished gentleman from Nebraska [Mr. DAUB].

0 1400

Mr. DAUB. Mr. Speaker, I say in response to the gentleman from Louisiana [Mr. RoEMER], who is so articulate and who has been such a champion of the opportunity to save and reduce our deficit, that indeed the opportunity to do all that is not lost, for just as we passed reconciliation for fiscal year 1985 in April of 1986, we still have the same opportunity to do so again. It does seem_ to me, however, that reconciliation was resolved by this body. We decided, but for the broad-based excise or value-added tax and the proponents of that idea here in this body, that those savings should go forward. But for that occurrence last night in this debate, l think we would have the savings the gentleman was seeking.

Mr. FRENZEL. Mr. Speaker, I thank the gentleman. and I withdraw my reservation of objection.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Illinois for concurrence in the Senate amendment with an amendment?

There was no objection.

The SPEAKER pro tempore. Without objection, the Senate amendment to the title of the House bill is concurred in with an amendment reflecting the action just taken by the House, as follows: "An act to extend until March 15, 1986, the application of certain tobacco excise taxes and certain Medicare reimbursement provisions."

There was no objection. · A motion to reconsider was laid on the table.

FURTHER MESSAGE FROM THE SENATE A further message from the Senate

by Mr. Sparrow, one of its clerks, announced that the Senate had passed without amendment bills and concurrent resolutions of the House of the following titles:

/

December 20, 1985

CONGRESSIONAL RECORD- HOUSE

H.R. 1404. An act to estatlish the Ea.stern Shore of Virginia National Wildlife Refuge and the National Fish and Wildlife Service Training Center at Cape Charles in Northampton County, VA; H.R. 2651. An act to amend section· 504 of the Alaska National Interest Lands Conservation Act to promote the development of mineral wealth in Alaska; H.R. 3931. To designate the General Services Administration building known as the "United States Appraiser's Stores Building" in Rlston, MA, as the "Captain John Fo:oter Williams Coast Guard Building"; H. Con. Res. 263. Concurrent resolution to rescind the approval of H. Con. Res. 2o2, correcting the enrollment of H.J. Res. 187, and directing the Clerk of the Ho!.lse of Representatives to make a correction in the enrollment of the joint resolution, H.J. Res. 187; and H. Con. Res. 264. Concurrent resolution to correct the enrollment of H.R. 2100.

The message also announced that the Senate agrees to the amendment of the House to the amendment of the Senate to the text of the bill <H.R 1083) "An act to amend the Low-Level Radio?.ctive Waste Policy Act to improve procedures for the implementation of compacts providing for the establishment and operation of regional disposal facilities for low-level radioactive waste, and for other purposes."

The SPEAKER pro tempore. Under a previous order of the House, the gentleman from California [Mr. PANETTA] is recognized for 5 minutes.

[Mr. PANETTA addressed the House. His remarks will appear hereafter in the Extensions of Remarks.]

A RAGING EPIDEMIC THAT CAN BE STOPPED The SPEAKER pro tempore. Under a previous order of the House, the gentleman from Florida [Mr. PEPPER] is recognized for 5 minutes.

Mr. PEPPER. Mr. Speaker, today 52 Americans will die from burns. Seventeen of them are children. Burns, in fact, are the seo.:•.md leading cause of accidental death among children under the age of H. A majority of the others who will die today are the disabled and the elderly. Their danger of dying of burns are five times higher than the chance of our other citizens.

Another 2,7!0 Americans will be injured wiih 371 of them suffering serious enough injuries to require hospitalization. The property damages to American homes and businesses from "'fires today will amount to $57.7 million. And no one can estim1;.te thoe psycho!ogkal harm that the survivors endure as til{'y s<2t about rebuilding their shattered lives ami property. Many of the most seriously injured wiil ne~er fully recover ev.::n ufLer rehabilitation. Burn victims have an alarming record of suicide even long after the fire.

This is a terrible record. It is the worst of any industrialized nation in the world.

Our country faces many serious protterns. Fortunately, we can do something about this epidemic. We can s~we lives, eliminate suffering by educating our eitizens. Recent studies conclude that 75 percent of ail bu.-ns could be prevented if chil-

d:ren and adults knew about proper safety precautions.

For this reason I ha\'e introduced House Joint Resolution 481, designating the week of February 9 ihrough February 15, 1986. as "National Burn Awareness Week". I hope that my colleagues will join me in sponsoring in this important measure.

A SUGGESTED CHANGE IN THOMAS JEFFERSON'S RULE <Mr. FRANK asked and was given permission to address the House for 1 minute.)

Mr. FRANK. Mr. Speaker. I know it is premature to be discussing the question of rules changes of this body for the next session, but I do not want to let the opportunity pass without suggesting that the time has come for us to change that rule which provides that when this House is in session, we are the only people in America who cannot tell the truth about the United States Senate, and vice versa. The constraints in this debate have been obvious, and they are unnecessary.

A couple of hundred years ago there was a proposal that said the Houses ought not to comment on each other.

It has become very clear that it has become difficult to transact business and impossible to transmit intelligent information while v1e have that constraint.

So I hope that in the session that begins in 1987 we v.·ill change that archaic rule and we will be able in the House and Senate to talk about each other and to stop this pretense that each is off on some other planet somewhere uninfluenced by and uniniluenceable by the other.

Mr. Speaker, it is clear the time has come, without any disrespect to the great memory of Thomas Jefferson, to change his rule.

H 13089

tee of the Senate to inform the President that Congress is ready to adjourn and to ask him if he has any communications to make to the Congress has performed that duty. The President has directed us to say that he has no further communications to make to the Congress.

The SPEAKER pro tempore. Did the President seem disappointed that we were adjourning?

Mr. FOLEY. Mr. Speaker, I am sure that my colleague, the gentleman from California [Mr. LEwisj, wiil agree that the President seemed delighted that we were adjourning.

The SPEAKER pro tempore. I hope you wished him a Merry Christmas for all of us.

Mr. FOLEY. Mr. Speaker, in addition to saying that he had no further communications to make to the Congress, the President asked us to express to all the Members of the House of Representatives his warmest wishes from himself and 1virs. Reagan for a merry Christ-mas, happy holidays, and a happy new year.

Mr. LEWIS of California. And ·he particularly wished us to cmwey his warmest wishes to you, Mr. Speaker.

The SPEAKER pro tempore. I am thrilled and delighted. It warms the cockles of my heart, and it makes me feel better in the Christmas season.

AFTER RECESS The recess having expired, the House was called to order by the Speaker pro tempore [Mr. WRIGHT] at 6 o'clock and 30 minutes p.m.

FURTHER ANNOUNCEMENT BY .THE SPEAKER PRO TEMPORE The SPEAKER pro tempore. The Chair could recognize any Member who is swollen up with speech to address the House for 1 minute.

While waiting for a message from the Senate, let me express on behalf of all the Members to all of the staff our grateful thanks for your dedicated and diligent work all year long. You labor in the dim dusk beyond the glamour and glitter of applause and recognition, but without you this institution could not function. So on behalf of all the Members, I want to express to all those who make the work go on from day to day and keep this place functioning our appreciation. It is so infrequently expressed.

We wish all of you and all your families and loved ones a very happy holiday season and a successful year.

The gentleman from Mississippi [Mr. MONTGOMERY] has just returned from Fort Campbell, and the Chair wonders if he might have a report to give us about his journey there.

REPORT OF COMMITTEE TO INFORM THE PRESIDENT The SPEAKER pro tempore. The Chair will receive the report of the commJttee to call upon the President.

Tl1e committee will please come forward and report to the House its findings.

Mr. FOLEY. Iv!r. Speaker, your committee appointed to join the commit-

REPORT ON CEREMONIES FOR 248 AMERICAN SOLDIERS KILLED IN NEWFOUNDLAND AIR CRASH <Mr. It1:0NTGOMERY asked and \';as given permission to address the House for 1 minute and to revise and extend his remarks.)

Mr. MONTGOMERY. Mr. Speaker, you appointed me, as well as Congress-

RECESS The SPEAKER pro tempore. Pursuant to the order of the House earlier today, the Chair declares the House in recess subject to the call of the Chair.

Accordingly <at 2 o'clock and 3 minutes p.mJ, the House stood in recess subject to the call of the Chair.

0 1830

.H 13090

CONGRESSIONAL RECORD- HOUSE

man SKELTG N of Missouri and Representative BLAZ of Guam to represent you, Mr. Speaker, and the House of Representatives at a ceremony today, the last ceremony for the 248 Americans who lost their lives in Newfoundland in the airplane crash.

This was a memorial service, and, Mr. Speaker, it was very, very impressive. We did get to meet the families and talk to some of the families. Of course, it was with great sadness, but I saw a lot of strength in the families there. It was very, very cold weather; it was snowing. The ceremonies took place outside in Kentucky and Tennessee, but all of the families were there.

There were 17,000 10lst Airborne Division personnel lined up in front of us at the platform, and the families of those Americans who had lost their lives were there. The Secretary of the Army made a splendid address, as well as the Chief of Staff of the Army and the commander of the 101st Infantry Division.

Mr. Speaker, let me say that what I saw there today would touch all people of this country that a terrible tragedy like this happened, yet the families have in effect accepted their sadness that has come to them. I saw no bitterness toward anyone pertaining to what happened.

I might say that I saw some of our finest American soldiers and troops there. Not only can they do their jobs, but when something comes up like this, they know how to take care of their own. It was a great privilege for me to go there, and I want to thank you, Mr. Speaker, for giving me the opportunity.

FURTHER MESSAGE FROM THE SENATE A further message from the Senate

by Mr. Sparrow, one of its clerks, announced that the Senate had passed without amendment a joint resolution and concurrent resolution of the House of the following titles: H.J. Res. 495. Joint Resolution to provide for the temporary extension of certain programs relating to housing and community development, ·and for other purposes; and H. Con. Res. 267. Concurrent Resolution providing for a sine die adjournment of the 1st session of the 99th Congress.

The message also announced that the Senate agrees to the amendments of the House to the amendments of the Senate to the bill (H.R. 4006J "An act to extend until March 15, 1986, the application of certain tobacco excise taxes, trade adjustment assistance, certain Medicare reimbursement provisions, and borrowing authority under the Railroad Unemployment Insurance Program, and to amend the Internal Revenue Code of 1954 to extend for a temporary period certain tax provisions of current law whch would otherwise expire at the end of 1985."

The message also announced that the Senate insist upon its amendment

December 20, 1985

to the amendment of the House to the SPECIAL ORDERS GRANTSD bill (H.R. 3128J "An act to make By unanimous consent, permiosion changes in spending and revenue pro- to addres<; the House, following the visions for purposes of deficit reduc- legislative program and any special tion and program improvement, con- orders heretofore entered, was granted sistent with the budget process," and to: request a conference with the House (The fc,Jlowing Members (at the reon the disagreeing votes of the two Houses thereon, and appoints the fol- quest. of Mr. WErssl to revise and their remarks and include exlowing Senators to be conferees on the extend traneous material:) part of the Senate: Mr. PANETTA, for 5 minutes, today.

Mr. PEPPER, for 5 minutes, today.

R~-pub!ic;:~n con!~:~s

Budgel-genenl confe;ees.

Oo:Tlen1ci, Armstwng.

KassP.haum, Bo~chwitt.

Symms.

Agriculture ......

He!ms. Dole. Lugar, Cochran.

A;rned Services... .. . .... Goldwater ................

Banking .. ..................... Gam. Heinz. Heci:L. .. .

Commerce .................... Oailforth, PaLkwood.

Goldwater, P;ess:er, Garton. Siev2~1s Environment and Public · Staliord, Chol?.?. Silfl)iSGn, Works.

Symms.

Finance-ger.eral PaC~~m: Roth. Danforth, conferees. finance-lor PBGC and Pac>wood, Chafee, Hein> ...

C~~~~·r,~~!~i.n~;·JSI;r.

M.:tzer~b~cm

·

Zoirn5::y. leGI"t)o·.

MEit.her.

N:.mn.

PiO,(mlre, R2igle.

Ho:lmg1, loci, Inouye, ford, Riege.

Bcnts2r.. Burdick,

laulenb"g.

Lon~a~~~~~~~~· IOrlchrll. Movnihan

ERISA subalilference on~.

finance-lor CHAMPUS, Ourenberger .....

Medicare subconfeimce on!y Finance-for private health insurance

Hemz, Wallop,

Ourer;berger

Baucus

Baccus. Pl)'or.

~~~~~:fence only.

Governmenlll Afiairs ...... Roth. Stevens, Math1as, Eagleton, le~;m, Gore Cohen. labor and Human Halch, Stallard. Quayle ..... Keonedy, PeiL Resources-general conferees.

labor and Human Hatch, Nrckle'i, Thurmo::d ..

Resources-for POGC and ERISA,

Kenn~v. Metz~;nbiiuft..

subconference only.

Small Business ... · ...... W2icker, Goi!Oil ............... 8umper'i.

VEterans· Affairs..... ...... M!.!r~owski, S!rrpsn!l ..... .... Cr~ns!on.

En2tg'J Co·nmittceMcCIUi:!, O'Jmeni~i. Wai~o::... Johns:on, Fcrd general confereGS.

Energy r.ommiilee conferees on title VI, sec. 6701 only.

McClure. Hatfield.

Commerce conferees on

Danforth. P;ckwoGd,

!rile VI. sec. 5701 only.

Johnston. foro

Oomenici.

Hol!rngs. long.

Gnldw;ier.

DESIGNATION OF MEMBERS TO RESOLVE OUTSTANDING CONFLICTS RELATING TO THE CALIFORNIA OUTER CONTINENTAL SHELF The SPEKAER pro tempore. Pursuant to section 149 of Public Law 99190, the Chair, without objection, designates the following Members of the House to resolve the outstanding conflicts with respect to the future leasing and protection of lands on the California Outer Continental Shelf for oil and gas exploration and development with the Secretary of the Interior: Mr. YATES of Illinois; Mr. UDALL of Arizona; Mr. LOWRY of Washington; Mr. PANETTA of California; Mr. Bosco of California; Mrs. BoxER of California; Mr. LEVINE of California; Mr. REGULA of Ohio; Mr: LUJAN of New Mexico; Mr. FIELDS of Texas; Mr. DANNEMEYER of California; Mr. LUNGREN of California; and Mr. LOWERY of California.

There was no objection.

EXTENSION OF REMARKS By unanimous consent, permission to revise and extend remarks was granted to: (The following Members (at the request ef Mr. WEISS) and to include extraneous matter: J Mr. FASCELL. Mr. KASTENMEIER. Mr. LEHMAN of Florida.

Mr. HOYER. Mr. BARNES in three instances.

Mr. MINETA. Nl:r. SIKORSKI. ENROLLED BILLS SIGNED Mr. ANNUNZIO, from the Committee on House Administration, reported that that committee h~.d examined and found truly enrolled bills of the House of the following titles, which were thereupon signed by the Speaker pro tempore: H.R 1890. An act to provide for an ec;uitable waiver in the compromise and collection of Pederal claims.

H.R. 3974. An act to provide for temporary family housing or temporary housing allowances for dependents of members of the Armed Forces who die on or after December 12, 1985, and for other purposes; and H.R. 4006. An act to extend until March 15, 1936, the application of certain tobacco excise taxes and certain Medicare reimbursement provisions.

SENATE ENROLLED BILL SIGNED The SPEAKER pro tempore an· nounced his signature to an enrolled bill of the Senate of the following title: S. 1706. An act to authorize the ArchitecL of the Capitol and SecrE~ary of Transportation, in consultation with the Chief Justice of the United States. to study alternatives for construction of a building adjacent to Union Station in the District of Columbia. and for other purposes.

ADJOURNMENT SINE DIE Mr. F'OLEY. Mr. Speaker, pursuant to the provisions of House Concurrent Resolution 267, I move that the House do now adjourn sine die.

The SPEAKER pro tempore. The question is on the motion to adjourn Those in favor say "aye," those opposed "no."

In the opinion of the Chair. the ··ayes·· have it.

December 20, 1985

CONGRESSIONAL RECORD- HOUSE

1-:!r. DAUB. Mr. Speaker. would it be in order to request a division on that particular matter?

The SPEAKER pro tempore. Those in fa\·or will rise and remain standing until counted.

The ··ayes'" will be seated. The ··noes" will rise.

There being a considerable number of "ayes" and no "noes," the "ayes" have it.

So the motion was ag·reed to.

The SPEAKER pro tempore. In accordance with the provisions of House Concurrent Resolution 267. the Chair declares the 1st session of the 99th Congress adjourned sine die.

Thereupon <at 6 o'clock and 40 minutes p.m.), pursuant to House Concurrent Resolution 267, the House adjourned sine die.

EXECUTIVE COMMUNICATIONS, ETC. Under clause 2 of rule XXIV, executive communications were taken from the Speaker's table and referred as follows: A letter from the Director. Defense Secu· rity Assistar.ce Agency, transmitting notifi· calion of the Department of the Air Force's proposed lease of defense articles to the Federal Republic of Germany <Transmittal No. 11-86), pursl.!ant to 22 U.S.C. 2796Cal; to the Committee on Foreign Affairs.

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS Under clause 2 of rule XIII, reports of committees were dt";livered to the Clerk for printing and reference to the proper calendar, as follows: Mr. ST GERMAIN: Committee on Banking, Finance and Urban Affairs. H.R. 3498.

A bill to stabilize international currency markets in support of fair global competi· tion; with an amendment Rept. 99-456. Referred to the Committee. of the Whole House on the State of the Ur.ion.

•

REPORTED BILLS SEQUENTIALLY REFERRED Under clause 5 of rule X, bills and reports were delivered to the Clerk for printing, and bills referred as follows: Mr. ST GERMAN: Committee on Bank· ing, Finance and Urban Affairs. H.R. 366'7.

A bill to eliminate unfair and predacious export financing practices; with an amend· ment. Referred to the Committee on For· eign Affairs for a period ending not later than February 7. 1986 for consideration of such Provisions of the bill and amendment as fall withln the jurisdictior: of that committee pursuant to clause l<il, rule X <Rept.

99-457 Pt. 1l. Ordered to be printed.

PUBLIC BILLS AND RESOLUTIONS Und10r clause 5 of rule X and clause 4 of rule XXII, public bills and resolutions were introduced and severally referred as follows:

By Mr. CONYERS: H.R. 4007. A bill to amend section 3500 of title 18, United States Code. to provide more useful discovery rights for defend:mts in criminal cases; to the Committee on the Ju· diciary.

By Mr. STANGELAND: - H.R. 4008. A bill to stimulate er!lployment through the creation of rura.l enterprise zones; jointly, to the Committees on Ways and Means. the Judiciary, and Banking, Fi· nance and Urban Affairs.

PRIVATE BILLS AND RESOLUTIONS Under clause 1 of rule XXII, private bills and resolutions were introduced and severally referred as follows:

By Mr. BRO'W"N of Colorado: H.R. 4009. A bill for the relief of Isaako Uili; to the Committee on the Judiciary.

By Mr. LELAND: H.R. 4010. A bill to provide that section 6248 of title 10, United States Code, shall not apply to an award of a medal of honor to Francisco R. Cortez or Richard G. Perez, and for other purposes; to the Committee on Armed Services.

By Mr. SEIBERLING: H.R. 4011. A bill for the relief of Robert Julius Funesti; to the Committee on the Ju· diciary.

H13091

ADDITIONAL SPONSORS Under clause 4 of rule XXII, spansors were added to public bills and resolutions as follows: H.R. 97: Mr. STDI-dP and Mr. McCAIN. H.R. 469: Mr. F'RAN:.LIN and Mr. ARMEY. H.R. 471: Mr. JoNES of North Carolina.

H.R. 864: Mr. PETRI. H.R. 983: Mr. LEVIN of Michigan, Mrs. BYRON, Mr. DoWDY of Mississippi, Mr. GING· RICH, Mr. ASPIN, and Mr. BARNARD. H.R. 1069: Mr. LAGOMARSINO. H.R. 1345: Mr. DENNY SMITH. H.R. 1625: Mr. WOLPE. H.R. 2520: Mr .. FISH. H.R. 3024: Mr. SLAUGHTER. H.R. 3260: Ms. 0AKAR. H.R. 3465: Mr. HAYES, Mr. BARNES, Ms. MIKULSKI. Mr. GUARini, and Mr. LUKEN. H.R. 3479: Mr. GILMAN. H.R. 3751: Mr. ANDERSON, Mr. BEVILL, Mr. BIAGGI, Mr. CROCKETT, Mr. DYMALLY, Mr. FusTER, Mr. HAVlKmS, Mr. HAYES, Mr. HEFTEL of Hawaii, Mr. HUGHES, Ms. KAPTUR, Mr. KoLTER, Mr. LEVIN of Michigan. Mr. :r-I.:ATSUI, Ms. MIKULSKI, Mr. MITCHELL, Mr. MORRISON of Con..necticut, Mr. MRAZEK, Mr. SEIBERLING, Mr. TOWNS, and Nlr. ViEISS. H.J. Res. 7: Mr. NIELSON of Utah and Ms. SNOWE. H.J. Res. 101: Mr. STGERMAIN and r..rr. EnWARDS of Oklahoma.

H.J. Res. 127: Mr. JONES of North Carolina.

H.J. Res. 336: Mr. HAMILTON. H.J. Res. 345: Mr. MuRTHA, Mr. BREAUX, Mr. ANDERSON, Mr. ROGERS, Mr. MAVROUI.ES, Mr. REID, !·Jlr. NELSON of Florida, Mr. \VRIGHT, Mr. VALENTINE, and Mr. ROEINSON. H.J. Res. 385: Mr. TAYLOR, Mr. O'BRIEN, Mr. AKAKA, Mr. GILMAN, Mr. SCHEUER, Mr. RODINO, Mr. SABO, Mr. MoRRISO}l of Con· necticut, Mr. F'OWLER, Mr. HEFNER, Mr. PANETTA, Mr. SMITH of Florida, Mr. DIXON, Mr. LEHMAN of Florida, Mr. SEIBERLING, Mr. CHAPPELL, Mr. COUGHLIN, Mr. ·ALEXANDER, Mr. F'ASCELL, Mr. MAVROULES, Mrs. COLLINS, Mr. \VoLPE, Mr. McHUGH, Mr. LANTOS, Mr. NATCHER, Mr. NEAL, Mrs. HOLT, and Mr. PICKLE. H.J. Res. 439: Mr. FRANK, Mr. GREEN, Mr. HOYER, Mr. SOLARZ, Mr. McKERNAN, and Mr. CA!L'IEY. H.J. Res. 462: Mr. ROGERS. H.J. Res. 458: Mr. ERDREICH. H. Con. Res. 180: Mr. CONYERS, Mr. SEIBERI.ING, Mr. SHAW, Mr. LEWIS Of Florida. and Mr. F'RENZEL. H. Con. Res. 243: Mr. OWENS, Mr. DE LUGO, and Mr. GARCIA. H. Res. 346: Mr. SOLARZ and Mr. ANDREWS.

Senate FRIDAY, DECEMBER

20,

1~85

(Legislative day of Monday, December 9, 1985)

The Senate met at 11 a.m., on the I can only tell my colleagues that we expiration of the recess, 'and was are meeting at this very moment discalled to order by the President pro cussing the present situation with the tempore [Mr. THURMOND].

White House, OMB, and others concerning their objections to material PRAYER that is now in the reconciliation conThe Chaplain, the Reverend Rich- ference report.

We would hope to dispose of the ard C. Halverson, D.O., offered the folmatter early, but I would not make lowing prayer: any prediction. By early, I mean by 1 Let us pray.

Gracious God, our Holy Father, we or 2 o'clock.

I would guess, based on conversashould not be here today. But here we are! Some Senators went home last tions with the Republican leader in evening thinking voting was over and the House, Mr. MicHEL, and the Demo·adjournment imminent. We need You, cratic leader of the House by teleLord-Your guidance-Your grace- phone, that they might have difficulty Your wisdom. Help the Senators find a in finding a quorum of House Memway which will prevent inordinate bers today. But, again, that is a matter delays and frustrated purposes. Help that they will have to address if, in the Senate to understand itself. It is fact, the conference reoort is returned almost as if it is victim of its own to the House with some amendment. power-as though it uses its own We would appear to have a couple of power against itself. Here are 100 lead- options; one would be to table the ers, each trusted and sent by the ·Senate amendment and send it to the people of his State-each, one among White House, and the other would be millions. It seems inconceivable, Lord, to insist on our amendments, as I unthat a body with such resources derstand. Another would be to amend cannot find a way to remedy a process it and send it back. There are probably with which all are dissatisfied. Great several additional options of which I God, for whom nothing is impossible, am not aware.

I can only tell my colleagues we apwork Your will in our midst. The Senators desperately need rest and preciate their willingness to help rechange. They need their families and solve this matter. In my view, it is very their families need them. Intervene, important. It represents a year's work gracious Lord, transform this next for inany in this Chamber, particularweek-this next month-into a bright, ly the Budget Committee; also, every· happy, beautiful time of renewal and other committee, committee chairman, restoration for Senators and their and ranking member who have been families. In the name of Him who working on Federal spending and the budget process since last January. promised rest unto our souls. Amen.

So it is not something about which we can say, "\Vell, we can just put it RECOGNITION OF THE off. It does not make any difference."

MAJORITY LEADER So far as I am concerned, there are The PRESIDENT pro tempore. The real savings in this package.

There probably are a number of prodistinguished majority leader is recoggrams and other thii1gs tucked into nized. the reconciliation that shourd· not be there. But, overall, it does reflect and THE BUDGET RECONCILIATION represent substantial savings. We hope CONFERENCE REPORT we can resolve our differences so that Mr. DOLE. Mr. President, under the we can leave here l<.nowing we have standing order, the leaders have 10 made a contribution to reducing the minutes each. We are dow-n to one deficit and redueing Federal spending.

Mr. President, I reserve the remainmajor item. That is, how we deal with the reconciliation conference n::port. der of my time.

RECOGNITION OF THE MINORITY LE.~DER The REcORD will reflect the House rejected the report on two occasions. We The PRESIDENT pro tempore. The are now in the process of determining distinguished minority leader is recoghow many Senators are in the area. nized.

Surprisingly, there is a great number.

Mr. BYRD. Mr. President, I sympaMany spend Christimas here and then thize with the distinguished majority go home. leader, certainly. I also sympathize

with all the rest of us. Not only the majority has a responsibility to do whatever is doable~ but the rest of us have some responsibilities also.

For the benefit of the majority leader, I think he should know that. on our side we could prod_uce, in a half-hour or maybe an hour, 21 Senators. We might be able to raise that to 30 or 31, but I am beginning to doubt it. I told the press here this morning that I thought we could produce somewhere between 30 and 35 Democrats.

But two Senators that we thought we might be able to count on. have since peeled off. So I do not think we can gamble too far or too long and hope to get a quorum. I would guess that within a couple of hours we will not only have reached our top strength on this side but we may, by then, be in danger of losing Senators.

- · Several Senators have stayed overnight but some of them will be leaving today and others will not be leaving today. If that information will help the distinguished- majority leader. fine.

I personally think that while we may have a quorum-or we probably can get a quorum within a half-hour-I would think we ought not delay beyond that or there will not be a quorum.

We have sent this package to the House twice, and twice they have rejected it. I personally,feel that to send it back again will be just love's labor lost. It will be an act in futility. In the meanwhile. we here will continue to lose bodies.

We can recede from the Senate's amendment or we can table the Senate's amendment, if we have the votes.

If the distinguished m'ajority leader would want to go either of those ways, that would be an action which, if it succeeded, would send the package straight down to the President for his consideration. It would,save $79.5 billion, I am told.

The distinguished ranking Member, the Senator from Louisiana, [Mr. JoHNSTON] can go into the details far better than I can. He has been in the conference and I am not a conferee.

But here is an opportunity to reduce the deficit by $79.5 billion over the next 3 years. It is the surest thing within our immediate reach that we can do to reduce the deficit. I am af1 aid that if we miss that chance and wait until we come back on January

G This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senare on the floor.

s 13235

s 18286

CONGRESSIONAL RECORD- SENATE

21, Gramm-Rudman will be staring us

right in the face and we will have lost our golden opportunity to reduce the d~ficit by a very sizable figure.

We have experienced similar problems at the end of a session \Vith the House before. It is not anything new from that standpoint.

While I favored the resolution as it went to the House, and I voted for it twice, I do not think there is anything to be gained by continuing to engage in what, up to now, have been very conscientious and sincere efforts but futile ones. I think the handwriting is pretty much on the wall. It seems to me we ought to grasp the opportunity, if we really want to reduce the deficit-and do it now-and send this bill do'J.:n to the White House, either by receding from the Senate amendment or tabling the Senate amendment, and get out of here.

Mr. President, how much time do I have remaining?

The PRESIDENT pro tempore. The distinguished Democratic leader has 4 minutes.

Mr. BYRD. I thank the distinguished President pro tempore, the Cl1air.

I yield to the distinguished Senator from Louisiana [Mr. JoHNSTON], the ranking member of the Committee on Finance.

Mr. JOHNSTON. I thank my distinguished leader.

Mr. President, it is an interesting and peculiar phenomenon, the extent to which personal.and physical limitations affect the course of this country-things like pride and anger and fatigue greatly affect the procedings, both here and in the other body. Late last night, as our pride was somewhat hurt in the Senate, feeling that the House had backed out on a deal, the anger at that having been done and the fatigue overlaying the whole thing made this.whole exercise look almost fruitless and it was easy last night for some of us to say in the deeper reaches of om minds and being_s, "To heck with it, let's say no, bury this piece of legislation, and go home and forget it, and blame them for it"them being the House. And indeed, the House was pointing similar fingers at the Senate, talking about "We cannot let the other body do that to us."

It was really, frankly, Mr. President, somewhat of a sorry spectacle, when you consider the stakes that this Nation has in this piece of legislation.

We have here maybe not our last best chance to cut the budget, but certainly our first best chance to cut the budget since Gramm-Rudman: $83 billion in cuts over 3 years or, if you take out the so-called value-added tax, $79.5 billion in cuts in the budget.

That represents a real and substantial opportunity to get that deficit down.

I think what we need to understand is that we are not going to have unlimited opportunities in terms of time to cut the deficit, to cut the budget. Tl1is

is a capitalistic economy and every capitalistic economy ever known in the history of the world and that ever will exist in the history of the world has been a cyclical one with relative booms and relative busts. The average time of a recovery in this country, I am told, is some 44 months. There are others postwar that have stretched, if I recall correctly, for 8 112 or 9 years. This recovery has already stretched for a much longer time than the average and we all hope it will last a lot longer.

But the lesson of history is strong and it indicates that we do not have an unlimited time to cut this deficit because the only time you can cut the deficit is when you are in a recovery.

Once you get on the downswing, once you get in a recession and slow down, the advice from economists is unanimous: You no longer raise taxes, you can no cut spending because to do so you deeper and deeper into sian. So here, we have a $83 billion U<.,j,J\:UUU include been hours sands of been carefuly put tu!':t:tl.lcl It is not perfect. of course. No major in the history of moved through here without flaws and imperfections. It is as close to a really good bill as we are capable, with our human frailties, of doing. Because of the lateness of the hour, because we are all wanting to get home for Christmas, because of our pride or because of our anger or because of a whole range of human emotions, I hope neither we nor the House will allow ourselves to miss the opportunity to cut $79.5 billion from this deficit.

When the history of 1985 is written, they will not talk about who was right or who was wrong and whether they live up to their deal between the Pinance Committee and the Ways and Means Committee but they may write that this was the Congress that squandered its opportunities, that this was the administration that came in with a strong economy and a relativelY small deficit and squandered it, spent money they did not have, lived on borrowed money, and with every opportunity that came along, they let politics interfere. That is what could be written on the history of 1985 and of this Congress.

I hope that will not be so. It· needs not be so. There are ways to work this out. I am not exactly sure-! have my own views of how it can be done, how · it should be done. But as far as I am concerned, Mr. President, there are a number of a.cceptable ways and I expect there are a number of acceptable ways in the House that they would accept.

The point is, Mr. President, we dare not lose this opportunity because if

December 20, 1985

this reconciliation bill does down, we will have lost the opportunity for reconciliation. We will be coming back here on January 21 and we really will not get going, as Congresses never do get going, for at least a week. The first week we get going, on February 5, the President will drop his bomb. That is the first budget post-Gramm-Rudman, where you are going to see programs wiped out and where you are going to see, I believe, a degree of deep acrimony-at least, if not acrimony, then strong ideological confrontation between the White House and the Congress about spending priorities.

In the process of that, you will have lost the opportunity for reconciliation: No one who knows this process with whom I have talked thinks you can reconstruct reconciliation in January or February. You can have it in December. You can have it today, if we will.

You cannot have it in January or February. All you can have in January or February is a deep ideological fight about Gramm-Rudman, and in the meantime for every day that you lose this opportunity you lose a $50 million cut in the deficit. I hope we will not lose that opportunity, Mr. President. I stand ready, as do colleagues on this side of the aisle, to support any reasonable action to get this bill. Time is awasting. I hope we will not lose our opportunity. · Mr. BENTSEN. Mr. President, I ask unanimous consent to proceed for an additional 5 minutes.

The PRESIDENT pro tempore. fs there objection? Without objection, it is so ordered.

Mr. BENTSEN. Mr. President, I share the concern of my friend from Louisiana concerning reconciliation.

There is no question but what we have brought about some very major savings in the budget and closed the deficit substantially by what we have done. We are talking about a situation where if we do not pass a recon_ciliation bill, you are going to have a $52million-a-day savings that will be lost until the time when we might reconvene and reconsider this bill. We have gone into some areas that are very contentious, changes on Medicare, on education, on black lung. The whole list of such things has been fought out in countless subconference meetings during the reconciliation process. At this point, reconciliation has worked, if we can wrap it up. The unfortunate part of it is that. what you have seen happen on the House side is that they have stripped out Superfund and the means by which to pay for it. They have chosen to try to put that burden on a very limited number of industries and companies.

Actually, toxic waste happens to be a societal problem, and you have an incredible number of companies and industries which contribute to it. People say, "Well, let's put it on the oil industry" or "Let's put it on. the chemical industry." That is not where it stops.

December 20, 1985

CONGRESSIONAl RECORD- SENATE

Now, what you saw in the bill that was passed in the Senate and passed in the Finance Committee was one that kept a major part of the burden of paying for the cle:!.ning up of toxic waste still on the chemical industry, but, then, it spread the- rest of the burden across all manufacturing companies. What you saw come out of the conference is a bill th&t excluded companies that were manufacturing less than $r'O million a y"ear. We _cut out the small manufacturers.

The excise tax is a very limited application and will have less than 30,000 companies affected by it. People will say it is a value-added tax. Well, if it is like a value-added tax,- it is not like v2.lue-added taxes I have ever seen. I \J:orked on this piece of legislation, as the principal sponsor in the Finance Committee. The model that I chose to start with is the Canadian manufac· turers' excise tax, and that is what we worked on.

These toxic waste sites have to be cleaned up, and to see the House version of the Superfund come through with a good amount of it from general revenue is· highly irresponsible. To talk.. about a situation where you have an enormous deficit like we have now and then raise the amount of money from $1.5 billion to $10 billion and say you are going to get a bunch of it from general revenue does not make sense to me.

I think we ought to clean -up these toxic waste sites. ·we ought to address it promptly. We ought to move ahead on it. We ought to accelerate what the EPA has done in that regard but pay for it as we go, and that is what the Senate version did.

Unfortunately, you have the opposition of thousands and thousands of companies which were on the EPA list as contributors to toxic waste and said, "We do not want to p:;.y for it." Take food comp-anies like General Foods, like Beatrice, and you can see toxic wastes that are contributed. You can go to a so-called clean industry, high technology, like you see out in Silicon Valley, and you will find one of the worst toxic waste sites in the entire United States, the Stringfellow site.

Much of the waste there was created by acid and solvents being used to make computer chips. I can give you example after example across this Nation.

So we said, "You ought to pay your share."-And we talked about eight onehundredths of 1 percent. That is not a heavy burden for any of these companies.

Then we did 2.nother thing. We said, "All right, if we are talking about cleaning up these sites and we are having our companies pay for it, then those companies that send in competing products to them ought to p:o:y some of the burden also." So we said that the tax will go on those imports from other countries' manUf2"ctured products that would normally contribute to toxic waste in their manufactur-

ing. And we said on those products that are manufactured by our companies which are shipped abroad, it would be taken off. When you see- the kind of trade deficit we have in this country today, approaching $140 billion, $150 billion-$120 billion last year and $70 billion the year before that, you can see the trend line it is on. It is important that we do as we have been doing, adding additional environmental controls to try to see that we have clean air and clean water in this country. We do things that other countries are not doing in that regard. Then, we ought to try to even the playing field.

This kind of an excise tax does just that.

Now, after we agree to the excise tix on this side and we agree to it in the conference, then the House digs in its heels and rejects it. I think that is unfortunate. I think they do a disservice when they take that point of view. So I feel very strongly that once you give in em a number of things, as we did as Senate conferees-some of us would want to move to a national standard on DRG's, on what is paid under Medicare and move as quickly as we can, but we slowed down on that to take care of the concerns of the House Members. That-is just one measure of the concessions we made in arrivL"r1g at a compromise to try to get something on which we could agree. In turn, they gave in to us in a good part of the Superfund. That was the trade. Now what they are saying in effect, when they say, "Let's take apart Superfund," they are saying, ·_:well, now, you gave us all those things. We want to keep those, but we want to refight the deal on Superfund."

We may end up having to do that at some point because we are losing Members on both sides, and the pressures are with them. The pressures are always with those who want to stall.

That is what we are being subjected to. I have a serious question in my mind whether you still have a quorum on the House side. As this thing continues today, I am sure we will end up without a quorum in the Senate. So those kinds of ,pressures may force us to yield, and we may end up having to have an additional conference next year on Superfund and the means by which we raise the tax to pay it. But if we do that, we will certainly be keeping in :rnind what we did in this conference and the price we have had to pay to arrive at this result.

CLARIFICATION OF STATUS OF TEXTILE LEGISLATION Mr. HOLLINGS. Mr. President, I rise momentarily, while the leadership is about to arrange the business for the day, to correct the record relative to an Associated Press story in the morning Washington Post, entitled "Telecommunications Bill Throttled in the Senate," whereby-and I quote-"HOLLINGS said his objection represented retaliation for DANFORTH's

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refusal to help him get the textile bill approved in the Missouri Senator's Trade Subcommittee."

Mr. President, I ask unanimous consent to ha\·e printed in the RECORD at the conclusion oi my remarks the Associated Press article to which I have referred.

The PRESIDING OFFICER. Without objection, it is so ordered. <See exhibit No. 1.)

Mr. HOLLINGS. Mr. President, that is the exact opposite. That is what Senator DANFORTH said. What I had -tried to do in my interview with the author of that particular AP story, Mike RobLllEon, is relate to him exactly what has been occurring in trade and tell him my objection was not to calling the telecommunications bill.

On the contrary, I encouraged its call because it was my opportunity, when the bill is called, to thereupon add the textile amendment and get a vote.

My intent and my purpose is one of serious·mtent and serious purpose.

After the veto of the textile bill by the President of the United States, a coalition of industry and labor-the business leadership and the labor leaders-have convened once again, with the hope of submitting a slightly changed bill which would enhance the support for the bill on the House side, in the hope of producing a bill that would be veto proof. This iS a matter of ongoing negotiations and draftsmaru;hip. It's currently underway.

Pending the drafting of that particular bill, to be presented as early as we possibly can in January, it is the intent of this Senator to get the vehicle through this so-called filibuster on the Senate side. That vehicle will be our current textile bill.

We faced a filibuster from the word go, since we introduced this bill L11 March of this year. The article is correct, that the textile trade bill has been bottled up in the subcommitte." of the Finance Committee chaired ty the Senator from Missouri.

I relate back now to July, because what we are being ·accused of and is now called retaliation was not labeled so in July. \Vhat really occurred is that, back in July, the distinguished Senator from Missouri said: "Your textile bill will not see the light of day." The distinguished Senator from Missouri is exactly right. It has not seen the light of day, in the sense that it is still in his subcommittee.

I thereupon said: "Well, Senator, playing this game on top of the table, my only recourse is to put my textile bill as an amendment to another bill.

Under a constitutional provision, revenue measures originate in the House.

Necessarily, we have to have a Housepassed bill or a House title. So you have a trade bill, S. 1404. I put the amendment on the desk, to be printed, to S. 1404."

I put the amendment on the Micronesia bill. And I so informed the rna- ~­ jority leader, Senator DOLE, so that he

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CONGRESSIONAL RECORD- SENATE

would be aware of it, that we would¡ offer our textile bill when that particular measure was called. And I so notified the distinguished chairman of the Commerce Committee and the chairman of the Subcommittee on Trade, the Senator from Missourr [Mr. DANFORTH].

I also added this particular point, as I have just stated: He is my chairman in Commerce, and I am the ranking minority member, and we have had the best of working relationships. The truth is that he is very angry. I do not have any doubt that he says it is retaliation, because he told me that over the telephone.

I said: "Jack, you just don't understand that the fight has just begun. I told you at the time, we first discussed this, that we were going to continue to try."

I have been on this particular issue for some 30 years now, and the distinguished Presiding Officer, my senior colleague, Senator THURMOND, has been working on this particular problem for years.

When Senator DANFORTH said that the telecommunications industry has hit a crisis, I said, "Welcome to the club." We hit a crisis back in the 1950's, under the Eisenhower administration. But, be that as it may, I said, "Our only recourse is to get that kind of measure."

To - substantiate the statement I made then to Senator DANFORTH, who was taking it personally as a matter of anger and retaliation, he had the distinguished Senator from Texas [Mr. BENTSEN], who is the ranking minority member¡ on Finance, call me. Senator BENTSEN was on the floor earlier this morning.

I said: "LLOYD, I'm going to call the textile amendment on our Democratic trade bill." We had a Democratic caucus on a trade measure earlier in the yeal:', under the leadership of the Senator from Texas. A good portion of the bill, I think a substantial part, is the trade council measure I've offered for some time now.

I said that on that particular bill, if we call it, I wo'uld want to call my textile amendment. I would call my textile amendment on S. 1404. I would call my textile amendment on any other trade measure, because what we need is one more vote to get it over to the other body.

The purpose is not to delay. The delay is not with the Senator from South Carolina who is now speaking.

The delay is a filibuster on the other side of the aisle.

The request of this Senator is to bring up the telecommunications bill, not throttle it in the Senate. Any thing else is absolutely false. Bring it up, call it now, give me the opportunity, give me 5 minutes to a side, give me a voice vote. I am trying to get the telecommunications bill called up for consideration, not stop it. I am not trying to retaliate. That would be stupid, that would be foolish, that

would hurt our textile cause, if, on one particular turn, in the course of legislation in Congress, we became spiteful and sat back and said, "If we can't pass ours, nobody is going to pass theirs." That's not my approach and I renounce it. If trade is to be discussed on the Senate floor, then I intend to call up my textile bill. The attitude is on this Senator's part, please call your trade bill, so that we will have an opportunity. Because I do not get that opportunity, as a member of the minority, because the majority is holding my bill up in the Finance Committee and have held it up all year long, and they informed me, "It will not see the light of day."

So we are not trying to be spiteful or to retaliate. On the contrary, I pursued this particular course in JulY. I went to the Senator from Missouri, notified him of my intention, and I then put my bill on his bill that was on the desk, S. 1404. No sooner had I left the Chamber, than the diStinguished Senator from Missouri took the floor and asked unanimous consent that in the consideration of S. 1404, only amendments that pertain to Japan would be in order. It was he who made the unanimous-consent request at that particular time, in midsummer, that no other amendments would be in order. Since I had told him about my textile amendment, which would affect all the trading partners, some 34 countries, his request was, ipso facto, that the textile bill would be out of order. He was the one who made the unanimous-consent request at that particular time, and the leadership on the Democratic side objected for me thank goodness because I had left the floor and was walking back to my office.

So much for that. It was not retaliation then. It was a maneuver to try to bring to the floor for consideration a measure we have, of serious intent and purpose, to present one more time so that in the beginning of next year, we can ultimately pass a stronger bill, in. the sense of it being veto proof and perhaps approved. And, on the other hand, we seek to continue the educational process in this body, in the other body, in the administration in the National Government if you will, Mr. President with respect to international trade.

There is a terrible misunderstanding. The whole idea of free trade is out of the whole cloth. It is not free; it is not fair. It is competitive trade-competition.

It was competitive trade under David Ricardo in 1817 when he was talking about the comparative advantage. He was talking about the comparative ad_. vantage with producing countries.

A century later, when talked about under Smoot-Hawley, it was the competitive advantage there, and our friend Cordell Hull picked up the call in reciprocity competition, reciprocal free trade.

December 20, 1985

The goal is always to free the atmosphere and free up the competition as mqch as possible.

I am for free trade. You are for free trade. Everybody is for free trade.

How do you obtain it? .Since World War II, fat, rich, and happy United States of America thought the way to do it was set the example. That if we did not put up any kind of barriers, if we did not retaliate to the barriers placed against us, to the trade practices, to the governmental provisions, to the protectionisms of the trading partners, but if we sat back and said we are not going to retaliate, what we are going to do is set the example, maybe that would bring about free trade. It's been a failure, clear and simple. And it's become progressively worse. Witness the record high trade imbalance. We cannot let it get go much longer or it will doom us all.

It is almost like arms control. If we do not build any arms-like monkeys on the treadmill-the Soviets will not .build any arms.

We know from bitter experience fn arms control it was only when we voted the ABM that we obtained the ABM Treaty. It was only when we said that we are going to build up the SDI and continue with it that they came back to the peace table.

Now in a corresponding way, in international trade we have tried all the cajoling, persuading, imploring, and visits to Japan and the high-level meetings between the heads of state.

It does not work. We are going down the tubes internationally in this particular competition. Clearly we need a different response.

So it has been my suggestion to emulate the example set by Franklin Delano Roosevelt in the days of the Depression when in order to keep the banks open he closed the doors, in order to save agriculture he plowed under the crops.

Herein, in order to remove a barrier, we are going to have to raise a barrier and then remove them both. We are going to have to get down on the playing field and compete through our Government. Competitive trade, not free trade, not fair trade. Let us talk realistically. This is a very dynamic international competition in which we now persist. We must engage ourselves in it.

Our trouble is the United States is not dowri on the playing field at the behest of the multinationals. We are up in the grandstands, shouting free trade, free trade, protectionism, protectionism, and trade war, when the trade war down on the field is in the fourth quarter and we are about to lose it all. We must join the competition.

Why do the multinationals take their plants and jobs offshore? Be¡ cause it is to their economic benefit.

They are not only producing economically without the requirement of a

December 20~ 1985

CONGRESSIONAL RECORD- SENATE

standard of living over in their offshore facilities. They receive protection from Taiwan, \Vhere they produce. Protection where they have joined up in coproduction with the Japanese. Frotect.ion in Singapore.

Protection in Hong Kong. And, instead of retaliation on their part what we Ijnd. for example, looking at what happens is that the Japanese, for ex. ample, taking Japanese textiles as an exampl'e, is that the Japanese sell $1.5 billion in textiles to Hong Kong. But, they import zero dollars in texiles from Hong Kong. Where's the reciprocity in that arrangement? What's fare about that trade?

The· United States of America imports 1.05 billion square yards of textile products from Hong Kong, and we export nearly zero to the "free· trade country," said the Senator from Missouri, "of Hong Kong." Hong Kong is a trading dock out there. That is not a country. It is a shipment point. it is a warehouse and a dock and a boat facility to off load the production of the People's Repub1ic of China. And we import millions of scjuare yards from the PRC in addition to the billion plus from Hong Kong.

To talk spuriously about free competition and let the marl~:et forces operate .. do not forget the governmental and the political requirements in· the cost of procluctic-n.

Speaking to those requirements. let's use the exa:':Ilple before us. V/e are debating today about toxic waste on the reconciliation bill. I think new it is approximately $7~2 billion, or whatever it is, that we arc going to put on American industry. As we pnt the 5>7 1;2 billion, it il?. an additional cost of production that will go on the American textile manufacturer, and any other manufacturer in the· Nation. Republicans and· Democrats all agree we should clean up the toxic waste. Just as we all agree that there should be a minimum wage. We should all agree to social se-curity. We should all agree to unemploment compensation. to a safe place to work, safe machinery, clean air, clean water. This is tlle American standard of living. We're proud of it.

Our people enjoy tremendous benefits because of it. Our Nation is widely re· spected because of it. I don't want to see cur standard of living diminished.

Incidentally, we had no standard of living in 1930 undel· Smoot-Hawley.

You cannot give an historical sense to our colleagues in Congress when they jump up and down and say we are going back to Smoot-Ha\vley if you pass my texWe bill. We did not have cle;m air, clean water, minimum wage, Social Security. None. We dtd not mandr.te a standard of living in 1930 as we do -tOtir,y.

But over the 50-ye~.r period, beginning with Seocial Security in 1935, v-.:e ha~o-e enunciated ovH those 50 years an American standard of living.

Under this American .standard, th>,t \>:e ail belie;;e in so strongly, in the \\~orld of interr1at.ional coro.petition, we

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must gi\·e protection to it. There must m::>.rket. destroy the American standbe a substantial base so there will not ard of living and our capacity as a be any dumping, so ·we will not h::;.ve \"..-orld ·power. That's ,the threat w2 any selling at less than cost, or preta- face. tory p·ricing, or other "sharp pracWe are not a third world com;try. tices," in gm·ernmental trade barriers On the cont.rary, Mr. President, we are t.o us. Otherwise we just continue to a world power and there are certain force America's indu3try to go over- capacities that v,;e must mair.tai'n if we seas. are going to continue , :o.s a world.

Mr. President., ••e take that pa:·ticu- power. We must have the car;ncity to lar stand::>"rd of livL'1g :;.nd we talk produce steel. glass, rubber, and texabout protection. That is the funda- tiles. Under the Kennedy administramental of government here. We have tion we had a series of hearings at the Social Security to protect us from the Cabinet level, and the executive findravages of old age. We have unemploy- ing was that next to steel. textiles \\'ac; ment compensation to protect l'ls from the most important to our national se· the loss of a job. We have safe machin- curity. We could not send the Ameriery and other laws to protect the can soldier to war in a .Japanese uni· worker in the workplace. We have form. clean air. clean water, to protect the So it is, that v;e have to maint;:l.in air we breathe, the water we rh·ink; the this production capacity and not go Army to protect us from without; tlle the way of England as the Ivy League FBI to protect us from enemies from economists tell us. That we should within. look forward to a "Service economy and The fundamental of government is quit producing we;;,lth but handle it to protect, with the oath of the Sena· and b~ a big financ1al center for thf! tor and the President as he took in·the rest of the world. rotunda earlier this year down the We are losing oui. noL in textile;; hall in the Capitol, "! hereby pledge to preserve and protect and defend." He alone. It is telecommunications, it is takes that solemn oath, we under- leather. it is steel, shoes, rubber, sportstand, in the rotunda but we walk 100 ing goods, hand tools, machine too1s, · yards down the hall to the Senate semicor,ductOJ's.

It is Lhe producti•·e capacity of Chamber and if you mention the word "protect," a bunch of Senators just go Amerira and Americans out there, ar.d into. a stitch, "Oh; heavens no, we I have traveled the 50 St8 tes. see it. cannot have protectionism, protection- under::;tand it, appreciate it, and they ism," beca.use the multinationals are totally frustratEd and nonplusoed through the editorialists ha\·e · sold by the actions here of their \'lashingthat shibboleth. l'!o such thing as free ton Government.

They could net. ur.derslrmd hm;; \'.·e, trade exists. It is competitive trade.

But as long as they can contir.ue to a competith-e group, and the only wa:v· persuade the uneducated that it is just you get into this Senate and Con;;r2ss a simple thing and all we need to do is and into the Pre,;idcncy is that you al'c set the ex;;,mple we will cont.inue to a competitor. You fundamentally start slide-that ali \Ve need to do is to put the day either tempting fr<.te too muci~ in a bill like this telecommunications or his dessert is small wllo fails to pst bill 'i'vhich says, "Go to Japan, just to it to the test and win_ or lose it all.

Japan. and in 13 months if Jaoan does That is the creed of competition here. not do something about this, -then we Tlln.t is what made America great and are going to start enforcing our laws." continue>: to l:.o1d it stlong. Competi· _ That says to the Japanese competitor, ti1:e free enterprise~ But. we have tl1e ·wrong le~tder511ip and I do not b_lame Japan, "I have 18 more months to continue to violate. to on thi;; part.i('ular sc.o.~e. They think ir. continue to protect, to continue to give is 2. rnotnentary political t"!1Jng, peradvantage, to continue to extinguish haps, against the- President. They Amerkan markets that have been es- think it is a mornentHi'Y · De:mocr::;t~r: tablished over this 30-ye:J.r period."' n·s iss\:e for the 1!186.. or 1988 c?_J<W2.it;n:'.

They thhk it is a .litt1e, old, small in· a green light to continue.

So that is the wrong message to send dustry bill that comes from a soutl-;ern to MITI, the Ministry of International State. '"'~Lie had the dhst~nguished SPnalot· Trade and Industry in Japan. They know how to tr3.nslate ali of these so· from the State of \VH::hington. stand called high-level meetings and implm· up and say v.-e a:re pitting the Ea:o.t ations and so-cailed threats. They just agail~5t the \Vest, starLing ~~- ch·i1 '''2. r. take it out ·of the \\:hole cloth 2.nd they T11at is a total mi:>lmderslancling.

This i:) a ;t_atiQna1 industr,y of ls.l:·c·r watch the legislation, and as long as the Japanese lP.\<;yers can g-et into the and rnanage!oent) {_yf E~'-st r.n,_! \Vest.. .White House. reported in the uress No;"th and SoU,lJ, rend that Ls -,•;h;. :t on last Saturday moming less than a :has olr·c:rco;-,1e f!.H of ihe.;:;G par~icu~~~t~ week ago, and change around the deci- po:rlic,ment:::.ry 6bsb;.ci0s B~-~d oh:;~ f!r t(: sion of the Secretary of Cori1merce: as coursf·.s 1hey ~-;.~_,·r: lllit r~-~- .:-;ur ~..-:;·:1~- -long a!> they contim12 to nm through tr-.. e~e procedur:d h.urd1es. 'Tl:~t.t is ;,~. L~· the halls of Congre3s and into the v2.r· ious hearing rooms. and protect .Jap~So. 1:·/[r. Frcsijsnt !-r~ -(J)~-~·t:·r-1 iJ.~:_r i i ·j~ nese production and do it so su-::ces.o- parti,.:ular Ye-::ord, ,-,s ii e 1",f' '·"''' ,~. fully, the Japanese will coni.i::me to. wrti:':'s, in ht2 ~:r•c\·y, !::;~ ?r,yo:. ' ;-3,_;1 !"·•: ~: pre·vail. take oYer the tnt.Prnational · eri!1~ in th~ aftt~rtnatn··: .. -LJ;~:; is nn:

a.s

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the aftermath, this is the "foremath.'' ous matter that fits right into our This is the beginning, not the after- Gramm-Rudman-Hollings initiative. If math. This is the beginning of the tex- we are going to start-and that was tile debate. It continues on. We are the decision made by both bodies _and just starting the fight. the President of the United States, The article stated that Senator DAN· that we are going to retun1 the fiscal FORTH said that he would "be curious affairs of this Government to the to know whether or r.ot the adminis- black-here we have, son1e say $66 bil· tration asked the Senator to take this lion, others say $79 billion, but there is position." no doubt that there are many billions The administration has asked this of dollars to be saved in this reconciliSenator to take his position outside of ation bill. And we should press forthe U.S. Senate. The President of the · ward with this bill and get those criti· United States has been on the tele· cal budget savings, and not bog it phone trying to get an opponent to re- dovm to a peripheral matter with re· place this Senator from South Caroli· spect a highly contt::sted, highly inna. So that is the position that the flammatory issue like toxic waste.

White House has asked this Senator to take-not any position whatever on We should keep our eye on the trade and competition and textiles and target. And the target is to follow jobs. I have never conferred with through and keep the word, say what them. I am not granted that opportu- we mean and· mean what we say. The nity with respect to these important U.S. House of Renresentatives and the matters.

U.S. Senate both. said we should save "Hollings said his objection repre- these moneys. So 98 percent of reconsented retaliation for Danforth's re· ci!iation really is ready to_ be agreed fusal to help him get the textile bill upon. This particular body has voted approved," says the article. The truth overwhelmingly, with only two disis that is what the Senator from Mis· senting votes. souri sa.id. He feels like it is personal So I appreciate the Senator from and it is retaliation. I can assure him it Loui:;iana the Senator from Texas, is not. Call up a Democrat trade bill, and those handling the reconciliation call up S 1404, call up the bipartisan bill for sticking to their guns and bill. I put everybody on notice. This is seeing if we catmot compromise in the the only ·recourse, when you are a context of at least rescuing these savMember of theminority, to take every ings. If not, dreadful and really trauopportunity to get a vote. When the matic action will be required at the U.S. Senate discusses trade then this very, very beginning here of 1986, in Senator will being up textiles. It's too January and in February-draconian important and integral to trade not is the word they use in Washingtontoo. of cuts that have to be made and that It is not to hold up the bill of the sets us off on almost, again, another Senator from !•il:issouri. He is holding impossible political task. up his own bill. All he has to do is We want to see Gramm·Rudmanagree I get a vote. He can call up tele· Hollings work. We want to see the dis· communications. It is not mu filibus- cipline get set. Let us not upset this ter. It is not a filibuster on this side of possibility for success here at the last the aisle. I am not holding it in his minute with respect to throwing over subcommittee. I am not holding it in a $ 66 billion savings in reconciliation the Finance Committee. My request is that both bodies have agreed upon. reasonable. Give me a vote. No time, Let us try our dead level best to get tojust vote on both sides; take a voice gether here, if nothing else but under vote. You can pass the telecornmunications bill and I would welcome it. I am the Christmas spirit. not throttling it. I would welcome the I noticed in the news reports where telecom1nunications bill to be called some prisoners escaped from the up, then it-would afford an opportuni- prison yard on yesterday afternoon or just to get me a vote on what has yesterday morning in Greenvilie, SC, fh·e times, up with the use of a helicopter. Maybe in this u.s. my wife can hijack a helicopter and get me out of this "prison" and get me throttle or to home for Christmas. I do not know along and help how you get out of this place. I am floor. It is going to stick with you, I say to the that is Senator from Louisiana, but I do not by throt- know how long. This body does believe subcommit- in Christmas, does it not?

I have a note from the distinguished support even get it Presiding Officer, and I ask unanimous consent that the various amend· ments that I have placed on the desk to these bills with my particular name also include my senior Senator's name, the Senator from South Carolina, and our President pro tempore, the THE RECONCILIATION BILL I commend the Senator from Louisi· present Presiding Officer. ana on another- point in his handling The PRESIDENT pro tempore. of our reconciliation bill. This is a seri· Without objection, it is so ordered.

to

December 20, 1985

I EXHIBIT No. 1) [From tile Wa.>hington Post, Dec. 20. 18351 TELECOl\I~WNICATWNS BILL THROTTLED IN

SEN AT!':

<By Mike Robinson> Last-minute efforts to bring up leg!sl::;.tion to a1d the telecommunications industry v:ere swiftly throttled in the Senate yesterday in the aftermath of a fight ovcr textiJ.o imports.

The move followed a call Wednesd-3-Y b-; Majority Leader Robert J. Dole \R.-Kan.> for quick a!:tion on the telecommuncations bill b~;cat:se "the trade imb8.lance with Jaoan has been escaiating at an alarr.1ing rate" and that nation·s import barrier~ "remain in place."

But bickering in the aftermath of the textile debate defeated efforts by Sen ..John Danforth <R.·Mo.), chairman of the Senate Finance Committee's interr.ationa! tra.de panel, to bring up the telecommunimtions bill fo;· a vote.

Under Senate rules. actwn on the bili. sponsored by Danforth and Sen. Lloyd Bentsen (D-Tex.l, was impossible withont unanimous consent. Sen. Ernest Ho!ling:o \D-S.C.l, who was a chief sponsor of the vetoed textile bill, objected to coru;ideration of the measure, in effect killing ch'lnces of any further major trade action before the Senate's recess.

"Some of tile senator's positions will be greeted with delight by the Japanese,'' said Danforth, who is planning to visit .Japan. He said he would "be curious to know ·whether or not the administration asked the ser..1tor to take this position."

Hollings :;aid he agreed that telecommunications equipment exporters need help from Congress if! penetrating the Japanes<> market. ·-rm a cmponsor of this bill,'' Hollings said. But he added that the telecorr.munications industry ws.s one of many. including textile and apparel makers, that deserve trade relief. , Hollings said his objection repoesented retaliation for Danforth·s refusal to h<oiP him get the textile bill approved in the Missouri senator's trade subcommittee.

President Reagan vetoed the textile bi11 Tu<;sda.y after the Senate bypassed Dsnfcrth's subcommittee and passed the measure.

The telecommunications bill, opposed by the White House, would require the admif!lstration to open talks aimed at ~reaking down alleged Japanese barriers to U.S. equipment imports and retallate unless they produced results.

THE BUDGET RECONCILIATION . CONFERENCE REPORT Mr. JOHNSTON. Mr. President. if I may answer my distinguished colleague, first of all I would like to thank him for his generous remarks. which I am sure were activated by the spirit of the Christmas season. I do appreciate that generosity.

Yes, we do believe in Christmas. But there is a grinch around here somewhere that is trying to steal the spirit of Christmas and kill this reconciliation bill. I hope, instead, that we can bury Mr. Grinch, in the spirit of not only the holiday sea.::on but in the spirit of trying to help this country out, which needs a nice present in the form of a cut in its gargantuan-sized deficit. The best Christmas present we could give this country, its economy

December 20, 1985

CONGRESSIONAL RECORD- SENATE

and its people, is to pass the insta~t legislation.

Mr. President, I might say that there are a number of motions that can be made at this time, the first of which, of course, would be to move to the conference report. which is highly pnvileged and nondebatable. There is also a motion that can be made to table the Senate amendment, which also would be nondebatable. And through two quick sli~es we could be at the question at hand. I would like to say we are not doing that. and we are not doing that because there is a bipartisan effort to try to find a way to pass this bill.

So I want simply to remark to my coileagues who are listening on the squawk boxes that we are trying every way possible to find a way to pass reconcili.ation that will be both agreeable to the House, that will preserve the great savings-some $79 billion altogether. if you take out the value-added tax, or $83 billion if you leave it in--to keep those savings and to allow us to pass the legislation.

And I simply want to underline the fact that it is bipartisan, that it is an effort where on this side of the aisle We are not trying to use any legislative tricks, and certainly not even the arsenal of weapons that are available, and legitimate. And, indeed, our friends on the other side of the aisle, I think, are totally confident that we will not, which is the reason they have left the floor to go off to negotiate, and leave us to our own devices.

But I simply mention that becaCise we want to find a way to make this bill become law, and to do it I hope before we lose too many more of our colleagues to the holiday travel schedules.

Mr. President, I see the distinguished Senator from Nebraska.

I yield the floor.

Jl,.!r. EXON. Mr. President, I think we are all too much short-tempered today, due to the fact that we have been working very long and very hard to come to some kind of an agreement, to still handle a series of measures.

This Senator, as the Senate knows very well, was most unhappy, and not pleased with the farm bill that was passed. There was some consideration given at that time whether or not to have extended debate on the farm bill.

It seemed to me while that might have attracted some headlines around the country and it may have been good for publicity back home. it was not t.he rational, reasonable thing to do becaCise at one time or another after we exhaust all the parliamentary procedures of the U.S. Senate and all of the parliamentary procedures of the House of Representatives in that regard. when the two parliamentary procedures of the two Houses get into the middle of a fray, we have the debacle that we have right now.

I think this whole procedure is very unfair. It is very unfair to the principals. It is very unfair, I think, to those

of use who have stayed here while, according to some of the remarks on the floor this morning, maybe we would have difficulty in even getting a quorum in the U.S. Senate.

Last _night the parade of our colleagues in the House of Representatives who were over here tuning in on what we were doing, and justifiably so because they were concerned, told me that after the gavel fell last night, even though the House of Representatives has not adjourned sine die, there is no way that they could get a quorum in that body. It seems to me this is, indeed, taletell lesson in how not to legislate.

It seems to me the suggestion that was made earlier this morning on the floor of the U.S. Senate by the minority leader, the distinguished Senator from West Virginia, is the only way out of the morass that we are in at the present time. I simply do not understand-and I would like to ask the question of the Senate and the Senate leadership. Why are we not taking the reasonable way out of this difficult situation as outlined by the minority leader this morning?

I simply say the same suggestion \vas made last evening, but we could not do that because of some strongly held views and some strongly held wills relating back, of course, primarily to some disagreement with regard to what the conference committee did or did not do, and who was in good faith and who was in bad faith with regard to agreements that were supposedly tentatively worked out in the conference between the House and the Senate.

There are an awfui lot of personalities involved in this, :r,'Ir. President, I am not sure that personalities should be that strongly involved when we are taking meaningful legislation of this type.

Dming the debacle and cotmtering debacles last night, this Senator had the first chance ever to watch the debate in the House of Representatives on television. While this Senator has generally been a supporter of television in the U.S. Senate, after watching the so-called debate in the House of Representatives last night where there were cheers, there were hisses, there were boos, and there was handclapping, I do not !mow about television in the U.S. Senate. If it is as bad as that, then I am very fearful¡ there may be some youngsters around the United States that stayed up late enough last night to see that program.

If they did, it probably had more of an ill-effect on them as far as representative government is concerned than if they stayed up late watching x-rated movies. [Laughter.]

Mr. EXON. It just seems to me, Mr. President, very seriously that the system here, checks and bal::mces, if we will, between the House and the Senate have deteriorated primarily as a result of the clash of strong person-

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alities, and that we are almost threat¡ ening to bre2.k down the system.

I wonder what the Founding Fathers would have thought of a system today \Vhere we may or may not have n. quorum in the United States Senatf, ::md we probably do not have a. quorum in the House of Representatives if we were considering passage and how to get around the pa.ssage of a fundamental piece of legislation.

This piece of iegislation would make, I guess, the largest cuts in Government, and we are all concerned about reducing the deficit and getting on with the business of attacking reduction in the national debt. but it seems to me that the founders would have been shocked. They would have been surprised. They would have been dismayed. They probably would luwc taken time out even if the Christmas Day was upon them to make corrections to stop the kind of nonsense that seems to be going on here between the supposedly most deliberative body in the world, the United States Senate, and our colleagues across the way.

A.Tiother thing strikes my mind in that regard. Basically, it has been my feeling that fundraising measures should basically originate in the House of Representatives. Here we are in the U.S. Senate tied up today on whether or not we are going to have a valueadded tax for the first time in our history as a part of our fundraising mechanism.

I have not made any final determination as to whether I azn for or against a value-added tax per se. But I remind all that it is a significant step across a significant line that we have never done before. Here we are still moving to see if we cannot by hook or crook or parliamentary procedures, or one chicken being stronger than the other chicken in our game of chicken ¡ not before Easter, but before Christmas, try to do things that we should not be doing.

It seems to me whether you are for or against a value-added tax, that pales. by comparison with the situation that confronts us. The reconciliation package that has been generally agreed on-and while it is not perfect, I support it, and I think Members in both bodies support reconciliationhas in it other important legislation.

I wonder how it looks to the people of America today when by failure to act by midnight last night we have in effect repealed the 8-cent tax on tobacco products now at a time when we . need more revenue in this Government. Are we wise in not acting to preserve at least a tax on tobacco products as a means of legitimate revenue?

That is not new revenue. That is revenue that we have had for a long, long time. But by our fumbling, by our bungling, and by our faiiure to at some time recognize the Congress has to work its will, we fumbled that away.

I do not know what all of the controversies are with r~gard to this legisla-

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CONGRESSIONAL RECORD- SENATE

tion. But I would just say that there seems to be quite a test of wills. It is not of any interest to this Senator whether Mr. PACKWOOD or Mr. RosTENKOWSKI becomes the next Speaker of the House of Representatives. I do not believe that should be a legitimate part of a discussion, ii it is, as to whether or not we continue to pitter and patter, and mumbling and bumbling through here now.

It seems to me, with a questionable lack of a quorum in the U.S. Senate, that we could simply suggest that we could probably dispense of this whole matter in a hurry if someone insisted on seeing whether or not we have a quorum present.

Likewise, such action could be taken in the House of Representatives.

So before someone comes up with that particularly wise move that might be necessary, I would think it would be in the interest of all parties to move as expeditiously as possible on the suggestion made by the majority leader.

The suggestion made by the majority leader would only allow us to pass reconciliation as generally agreed to by both bodies. The only thing it would eliminate would be the valueadded tax.

Once again, I think that is a tax that deserves a lot of consideration, a lot of committee action, first in the House of Representatives and then over here in the Senate.

It seems to me that we would best follow the dictates of the procedures and best follow the dictates of wisdom if we would take action quickly on the suggestion made by the majority leader and then move about our business, which is sine die adjournment.

Having said that, like all of my colleagues I would very much like to go home to Nebraska where all of the family \Vill be gathered this evening, except the father and the grandfather. That is important.

But more important, Mr. President, is the obligation that we assumed when we took our oath of office to move ahead with the business of the Senate. It seems to me that until we move on the suggestion made by the minority leader. which is the only way out of the morass that we are presently in as far as is known at this moment, until maybe something else is hatched in the closed-door sessions going on right now, we are going to continue to be looked upon as a body that seems never to know where it is going and when it gets to a place where it thinks it is does not know what to do.

Mr. President, although some of the remarks I have made this morning are in jest, it does seem to me that we ought to try and destroy, if we possibly can, the videotape recordings of the House of Representatives last night. I think we should, as best we can, assure that the people would not see things of that nature. I believe the people of the United States, while in polls they do not seem to hold the

December 20, 1985

Members of Congress in particularly utes ago, there was a staff discussion high esteem, expect us, by and large, with the President about the reconciliin retrospect, to do a more manageable ation conference report. I am at liberjob of passing laws than they saw last ty to indicate that the President adnight in the House of Representatives vised the staff, in particular the Chief and which they will be hearing about of Staff, Don Regan, that if, as he said through actions or no actions today on before, certain objectionable provithe floor of the Senate. sions are removed from the conference Mr. President, I suggest the absence report, he would accept it, with one of a quorum. caveat. Apparently, there are a The PRESIDING OFFICER. The number of little new entitlement proclerk will call the roll. grams buried in the conference report The bill clerk proceeded to call the and they may not have all been discovroll. ered-a new vision care program, other Mr. DOLE. Mr. President, I ask Medicaid Programs for unwed parents, unanimous consent that the order for and perhaps a number of programs the quorum call be rescinded. that they are not quite certain of. But The PRESIDING OFFICER (Mr. basically, these are the same programs WARNER). Without objection, it is so that the President has called to our atordered. . tention a number of times: The trade adjustment tariff, the OCS Lands Act, RECESS SUBJECT TO THE CALL section 8<gY, AFDC, Medicaid and food OF THE CHAIR stamp quality control revisions, elimiMr. DOLE. Mr. President, I move nation of Medicare cost-saving regulathat the Senate stand in recess subject tions. the value-added tax on Superfund; Medicaid Program expansion to the call of the Chair.

The motion was agreed to, and at which will increase State and Federal 12:59 p.m., the Senate took a recess, costs; and, as I said, the ones that we cannot quite identify completely are subject to the call of the Chair.

The Senate reassembled at 3:52 p.m., the various expansions of Medicare when called to order by the Presiding and Medicaid that may have been added by Representative WAXMAN in Officer [Mr. GoRTON]. the conference.

Mr. President, this has been a biparOMNIBUS BUDGET tisan effort and I hope it continues to RECONCILIATI.ON ACT be a bipartisan effort-most of us in Mr. DOLE. Mr. President, I ask that the Senate have struggled with this the Chair lay before the Senate a mes- process all year long. Too long-! sage from the House of Representa- think most of us would agree, particutives on H.R. 3128. the distinguished chairman of The PRESIDING OFFICER laid larlyBudget Committee and the distinbefore the Senate the following mes- the guished Senator from F1orida [Mr. sage from the House of RepresentaCHILEs], who is necessarily absent, and tives: also Senator JoHNSTON, who has been Resolved, That the House disagree to the amendment of the Senate to the amend- substituting for Senator CHILES since ment of the House to the amendment of the his illness.

Senate to the bill <H.R. 3128) entitled "A._n We have three or four options. ProbAct to make changes in spending and reve- ably none of them are very good. I nue provisions for purposes of deficit reduc- assume the easiest one, which would tion and program improvement, consistent get us out of here the quickest, would with the budget process.". be simply either to recede to the Mr. DOLE. Mr. President, first, let House or to strike the Senate amendme apologize to my colleagues for this ment and send it to the President.

Friday afternoon session. I hope we But, based on information that I have, can dispose of the remaining business that would probably ,meari a Presidenin a fairly brief time because I know tial veto. It would mean that our efthe weather is not good and I know forts and the efforts of all the others many Members have to change their on the House side, Democrats and Replans. This is, I think, a most impor- publicans. would have been fo.r tant issue, one that I understand we naught. shall have some debate on. We shall There may be other options. One have the experts on both sides who have been the real principals in this would be to have unanimous consent. effort over the past 11 months speak which I shall propose in a few moments, that the Senate recede from its to some of these specific issues.

We have had a series of meeting amendments and concur in the House today, and a series of conversations amendment with a further amendwith White House officials and, OMB ment consisting of the conference officials. I have just spoken with Don report on H.R. 3128 with the following Regan, the President's Chiei of Staff, sections stricken-then I shall repeat in an effort to determine what the those later.

That would take unanimous consent President's attitude might be toward and I am advised that we not obtain this bill in its present form.

The President is presently on his such consent. I believe the option that way by car to Camp David because of we should pursue, then, because I still weather. Shortly before he left the ¡hope we can achieve some savings, the White House. less than 30 or 40 min- third option. That would be to insist

December 20, 1985

CONGRESSIONAL RECORD- SENATE

on the amendment-and request a conference with the House.

That is not for the purpose of going back and trying to sustain c·ur position or the Senate pvsition on financing the Superfund. As the diotinguished S-2n2.tar from Oregon. the Chairman of lhe Finll.nee Committee <Mr. PiiCKwooD'l wm Explain, that is.:;u::: has been decided. He is willing to give that up.

But it is an elfort to go bact to conference with :Niembe:·s of the Houst to try to resolve these five issues-five Ol.lt of hundreds-that will permit the President to sign this bill and permit us to act.ieve some saving::;.

To be verv realistk:. then: is a rather broad difference between OI-.1B figures and our figures on the savings in the recondliation conference report.. We are advised that OMB has advised the President that the total savings over a 3-yc-ar period is 2.round $8 billion, and maybe another $8 billion in revenues. \Vell, we have bfen ad1·ised by the CBO 2nd the Budget Cc·mmit.tee that the savings amount to about $55 billion now based upon the fact that the farm bill is passed and t11cre are $7 billion savings in the farm bill that c:m no longer be credited hsre. There-are a couple of other similar insta.n-::es, as t lw budget chairman will di~cuss later.

So our range goes from $55 billion to ~:; bigh as $82 bill.ion. But we have to keep in mind that some of those have :>Jre?.dy been achie\'ed in other legislation. so they l•ave to be subtracted.

We happen to believe that. we may be more accurate than Oiv'fB, but they are the ones who advise the President.

So the President is faced with the decision on whether or not to sign a bill which saves only $8 billion m·er 3 ye~rs and has about the same amount of increased revenues--whether he should sign that bill if it includes a lot of new programs and goes back ·and undoes a lot of the reforms v;e made in 1£81.

penalty mor:Jtorh.:m; s.::cond, sections 13001 thrc·u;:;h 13011 rEl&ting to trade adjustment. a:>sistance; third. section 13203\b) relating to a 5-year moratorium en interest accruals with respect to the indebtedness of the bl:lck ll..:.ng disability trust fund; fourth. subtitle B of title XIE relating to Superfund and i>:s re-ienuc:= sour~'"s; and fifth, !Sectk!ls tOOl through 8101 relating to 0-:.1tn Cc.ntinent:;l Shelf Lands Act. The PRESID!NG OFFICER (Mr. GoF.Tom. Is there objection?

Mr. JOHNSTON. :Mr. President, reserving the right to objectThe PRESIDING OFFICER. The Senator frorr. Louisia;;a res~rves the right to object.

Mr. JOHNSTON. Fdr the last almost 24 hours, we have been enga.ged in this negotiation abot:.t how we were going to get this deficit down. On this side of the aisle, I do not think there is :lllyone who can say we have not been cooperutlve. We have not been particularly brought into the process, I must say, but to the exter;t we have, \Ve have offered the hand of cooperation. repeating that over and over again privately, here Oil the floor, and in the majority leader's office, when permitted to come at our request-at every instance of the time offering the hand of cooperation. It was not Senators on this side of the aisle who made the decision as to the strategy last night in sending back to the house the bill with the same amendment which they had turned down previously. This strategy was available to us last night when we could still amend. Rather than using that strategy of amending and putting these amendments back on the bill and sending it back to the House, we used up on motion of the majority leader and the chairman of the Senate Finance Committee our chance to amend by insisting again upon the same amendment.

Full cooperation, we tried that. It did not work. It lost by an even larger margin.

Now, this morning, we came in again offering full cooperation, saying, "We need a bill; the American people need a bill. \Ve will do what we can to get .:• ,. !L. This strategy was suggested to us earlier. I personally said, "I will do what I can to help get it"-not because I lLli;e these amendments. Indeed, it was a different package when previously discussed. This is the first time I have even heard about an the elements of this package.

That is the kind of bipartisanshlp you get. You get something sprung at you out on the floor of the Senate without even discussing it with you.

Nevertheless, as the package last existed, we were asked, "Will you try to sell it?'' I said, "I will do the best I can."

The leader, BoB BYRD, said he would do the best he could. and indeed we convened a caucus for that purpose. In the meantime, 'I'Je called the leadership of the House and they say they have lost a quorum, it takes unani-

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mous consent, and a r:.umbt?r have 2-l· ready announced publicly and otbers privately. Congre~sman F-RENZEL ha.s already made a speech saying he would object to any char.ge.

So. l-;Ir. Presider;t., make no mistake about it, this strategy, however good 1t. might have been Rt a:iY one time. is no s!rat~gy no\v. It does not get :yOu 2. bilL It is some kind of t::-"ctic, and I do not know 'l'iha.t the ts.2tic is or v,·hat its purpose is other than tc. elicit 2,r1 objection Ircm us, \Aihich \Vi11 soon be coraing because we are not going to be a p~rty to bearing this bill, not after all the t:me and effort we have put in on this side of the a~sle, nc.t to mention the gargantuan efforts that Senator DoMHliCI and others have put in in f&..shiorung whz..t is not a perfect bill but it 1s a good bill.

that res<'!n I object.

The

lieve Enough is not one Do we so, because partisan vote. which member real deflelt that at that now

point agreement?

The PRESIDING OFFICER. It is a 30-mirmte motion equally divided.

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CONGRESSIONAL RECORD- SENATE

Mr. JOHNSTON. That is to insist on the Senate amendment and return it to conference?

Mr. DOLE. It is the first part. Then I would request the conference, appointment of conferees following this.

The PRESIDING OFFICER. Who yields time?

Mr. PACKWOOD addressed the Chair.

Mr. DOLE. Mr. President, let me yield such time as he may consume to the Senator.

First, let me designate the distinguished Senator from New Mexico to allocate the time.

Mr. DOMENICI. How much time does the Senator desire? Fifteen minutes?

Mr. PACKWOOD. Five or six minutes.

Mr. DOMENICI. I yield 5 or six minutes.

Mr. PACKWOOD. Mr. President, let me explain partially the situation we find ourselves in today and why we got here and why the Senate feels a bit unfairly treated.

I feel very bad that we are going to give up not only just the Superfund funding, we are giving up on the Superfund Program. It is out, gone. It is going to be funded. It is not going to be funded under the tax that expired for the last 5 years. It is not going to be funded under the taxes for the next 5 years until it is resolved. That the funding of Superfund is now out, the Senate is not going to insist on its position on-this issue when we go back to conference.

But as we were bargaining in conference with the House, as in all conferences, there is a give and take.

The House had very close votes in committee and on the floor on its method of funding the Superfund. In committee, the chairman of the Ways :J.nd Means Committee lost the vote as to the way he wanted to fund Superfund. On the floor of the House, as I recall, by only a 14 vote margin, he won it.

There was a slight anomaloy, I thought, in the entire reconciliation process when there was no Superfund provision at all in the House bill, but under the rules, the Ways and Means Cornmittee was credited with the revenues to-ward meeting their total. No bill, no revenues, a credit toward meeting their total.

So, if anyone wonders how you can come up from $3 to $13 billion, understand how funny money moves very easily in this body.

We went into negotiations and had the Superfund provision in our reconciliation bill.

In what I would imagine to have been a very dicey situation among the House conferees on Superfund. by a 9to-4 vote. the House conferees offered to the Senate in essence what had been very close to the ·ways and Means Committee position, absent only the fact that there was no fund-

ing out of gener2.l funds and no waste end tax.

The House said, ""We '-''ill go along with the Senate,'' and the Senate really was going along with the House Ways and Means COlillllittee position.

InvGl•;ed in all these situations were the issues of black lung; Medicaid; AFDC; poor persons in families with unemployed parents and whether they were going to be eligible for welfare; whether or not State and local employees were going to be covered under Medicare; and trade.

There were other issues which the President does not like, such as intercontinental shelf, but I had nothing to do with that.

There was give and take, and the Senate gave on positions it would not otherwise have given on, such as black lung, State and local government coverage under Medicare, in which the Senate position raised $4.7 billion and the House provision $500 million. But in the give and take, we ga'i<o. \Ve conciuded the conference. · As with all conferences, you win some and you lose some. We came back to the Senate and we acted on the conference report, 78 to 1.

The House then went back and, in an irritation and fit of pique because they WE:re mad, having lost their Superfund tax method among their own conferees, the majority asked for a rule in the House to strip out the method of Superfund financing that had been agreed to in the conferencestripping only that out-sending to the Senate a bill that now had things in it that tl1e Senate would not have agreed to had the bargain of the conferees not been broken.

We gave up things to get things; and the House said. "No, we're going to throw out the things we gave up because we didn't like it anyway, and you can take it or leave it, with all the provisions you never would have given."

It is going to make it difficult for the Finance Committee and the Ways and Means Com.tnittee and other committees to reach honorable conclusions if, at the end, one can say, ''We are not going to honor the contract.

So I am prepared to give up on the Superfund. That is for another day.

We will fight that another day. But we need to go back to conference now basically on spending issues that were added in the conference, which would not have been added but for the Superfund financing agreement. and see if we can undo those so that the bill is acceptable to the President. I hope we can. I hope the conference concludes an agreement and that the agreement will be honorably kept by both sides.

The PRESIDING OFFICER. Who yields time?

Mr. JOHNSTON. I yield myself 7 minutes.

Mr. President, in recent days and weeks, we have had a lot of conversation in this body about the quality of life, about the deterioration in the Senate and its customs and its great

December 20, 1985

traditions. We all feel, in a very real sense, that that which has made this the greatest deliberative body in the world has somehow been lost or degraded or destroyed or that, in the process of modern times somehow we are losing it.

I can tell you that last night, as I watched the House of Representatives, I was not proud of that institution. All the pettiness of politics, it seems to me rose to the surface last night in the House of Representatives-personal interest, deep partisanship, a challenge to the Senate, like the comment over and over again, "We are not going to let them do that to us," and that kind of thing.

The national interest, it seems, got lost last night in the House of Representatives-somehow buried in what seemed to be a political contest or personal contest, will against will, political future against political future. The tiredness of the moment or the emotion of the moment seemed to have gotten lost last night, and we all know what happened in the votes.

It seems, Mr. President, that, in ?. little more dignified way, we may be ready -to do that and again demonstrate that in the U.S. Senate today. I hope not. My words today would go to appeal to the national interest, to appeal to Senators on the basis of not whether it is good for the President or whether it is good for this party or that, but whether it is good for the country.

In my judgment, the motion that the majority leader has made would kill this bill. Make no mistake about it.

You can argue that. You might sell it to such part of the American people as reads newspapers. Maybe it would not be interpreted like that. But we know that is so.

Why is that so? Because it comes back in February or late January or early February, and then what happens? February 5, the President's budget comes up. Prior to that time there will be all kinds of leaks about all these programs that will have to be eliminated or decimated because of the requirements of Gramm-Rudman.

We all know that. We know the acrimonious atmosphere, the deep ideological differences.

We are going to be at a watershed, a crossroad, when we come back in January or February, and we are going to decide, for the first time, whether all this rhetoric about cutting budgets is . real, whether people can really measure up to that. It is not going to be easy.

All these easy things we have done in these past few years. like cutting taxes, raising defense, spreading the goody bag out for everyone and not really cutting anything, all that is in the past. Now it is going to be tough, and it is in that kind of atmosphere that this conference committee would have to deal.

December 20, 1985

CONGRESSIONAL RECORD·- SENATE

What is the House going to do? The House would be asked in that conference to cut further, to do away with such goodies, if that is the word, that are contailled in this bill in order that you cfm have a lower starting point for Gramm-Rud::nan. Ar2 they going tv want to do tha.t? The House thinks that domestic programs have been cut too much already. And so v.·11at happens if they turn this conference dov,·n? You move it frc'nl about 95 to 1, domestic <Jver defense cuts. to 50-50 domestic-defense so you can move a lot of these uncomfortable cuts over to defense just by defeating this conference report.

Ia the atmospllere of January and F'ebruary, do you not think that is going to be done? Do you not think someone along the way is going to figure this out? Of course. they are. vVe are going to be we!! into the budget process by January and February. and it is going to be impossible to cut this thing.

If your real motive is to save the President embarrassment of having to veto. go along with it. It is a nice cute way. I mean, it is a nice neat sort ot· way. Say let us go back and cut some more and go to conference.

But we know that is not so. We know it is going to kill the bill if we do that. . Vie a::"e going to have a chance when this debate' is over in one fell swoop to send this bill to the President. By moving to table, and we will at the end of this debate, you can. without going to the House; it will go straight to the President. You would pass any other inte!Tening action. And that blll would sa1·;; $79.5 billion. according to CBO, and it would not cor,tain the Superfund tax which is the President's No. 1 objecton. It may not be his whole objedion. But it is his No. 1 objection. 't-hny of us have talked privately and publicly to the effect th8.t the President would not dare veto this bill, not t;79 1h billion right on t11e eve of the inaugl!rati!:ln of Gramm-Rudman.

I do not believe he would unless he gfts n:ry bad advice.

Mr. President, we Ri'e going to have a chance to do that, $79'·~ billion. Oh. you can call it $8 bilEo:n. If you ca1l it only S8 bBlion, co yo:.1 :realize ><.'hat tl1cct. says about the reput.Rticn of CBO? Has CBO been denigrated in their reputation£. around this nlace? . The PRESIDING OFFICEH. The Senator is recognized for 3 additional n1inutes.

Mr. JOHNSTON. So far we say their $79 billion in saving:s are only $R billion. I m,?an. do we really beli'C've that?

Of course we do n0t.

We have been acti;,g on the recommendaiions of CBO bipartisan and with a solid track re~~ord aronnd here th~ '"hole v;hilP. They say $'l'9 v" bil· lion. It is $50 million a day savings.

For every day we wait. jlJst since last night we lose $50 million. In anoti1er 30 do.ys \Ye 'rillliave lost Sl Vo biEion.

Y·Ju say th8.t is not mu.;:·!1. Well. it is a lot more than >'.'e lmve sa\'ed l.at.ely.

Mr. President, we have a chance to have some real savings, not phony savings, real savings. savings now, not savings off somewhere in the future.

That has been c'lr nroblem around here. It is always talk -savings now but not save now, not cut now. This is a cut now today, December 20. We can cut today. Or at least we can give the President the chance to sign these cuts.

If we miss the opportunity, Mr. President, we have hurt this country, in my judgment.

You may be able to escape the politic:ll blame for it by saying "I didn't mean to kill this bill, I only wanted to make a better bill. I w:::mted to make it a better bill, send it back to conference." Inside the beltway, at least inside. this body, we know that means the kill the bill.

Mr. President, I hope we will not do that. It is not a perfect bill. There never was a complicated perfect bill that I know anything about that has passed this body. · If you want to wait for a perfect bill, you will not get it between now and next Christmas. They do not come like that. They are political compromises.

But this one meets the targets. It has been a great bipartisan product.

The distinguished Senator from New Mexico has led us well on this matter.

I hope we will not let it go down the drain here on the eve of Christmas.

I reserve the remainder of my time.

Mr. DOI~t!ENICI. Mr. President, let me make a couple of points. First of all, the distinguished Senator from Louisiana makes one point that I think we ought to all agree on. It is in the national interest that a substantial portion of this bill become law.

I am convinced. I was beginning to wonder about it 10 or 12 days ago, but I am convinced totally today that unless we do what the distinguished majority leader recommends here, the n&tiom;J interest will not be served because I am convinced we will not get a bill. We mt:st send this bill to conference, even if that conference may not begi11 until late .!anua;y or early February.

I am now s.bsolutely convinced that r~ga:rdless of what we say and regardle:o:s of what we contend, the President will veto this bill if we adopt the amendment, if we follow the path he suggests, and that is when the motion to table is made, if we vote for it. we a!·e all· finished. I am com'inced we well may have no bill.

I <HTl not cne who shies away from a legitimate confrontation with the President. But I do not think we gain an awful lot by running around for 3 or 4 months and say he should not have vetoed it.

Let me tell you. ladies and gentlemen of the Senate, we are some1vhat to blame for the position we are iP...

Do you remember late in the debate \Vhen the distinguished minority leader raised the concern about extran<'ous material? He v;as concen1ed

8'18295

that he said we ought to amend the Budget Act because. as a matter of fact, the reconciliation bill has no limits as to what people can do with it in their respectiv·e committees so long as they add some and subtract some and perform the accounting and estimating pursuant to the CBO baseline rul.:s.

And we and the House, aside from the problem that the distinguished chairman of the Finance Committee raises that we have $4 billion in program add-ons as a compromise for the no·,v removed Superfund program, but with the spending increases still in the bill, aside from tha.t, there are literally scores of programs that do not belong in this bill.

J\.;s I say, some will say, "Well, where have you been?" Let me tell you the way the rules are there is nothing we could do about it.

The distinguished chairman of the Budget Committee and his entire en- . tourage of Members turned this bill over to the committees and they worked their will. I might sa.y, considering the nature of the problem. there is an awful lot of good reform in this bill that is going to go down the drain if we do not send it back to conference and at least let them try to salvage a s:Ibstantial portion in January.

There is reform in the veterans· program that is totally acceptable to the Hou:;:e that will never be done in an election year. There is reform that was done by the Government Operation Committee with reference to the Federal employees that will never occur, and I could go through a list of 15 or 20 like that that are gone. As a matter of fact, let me talk a moment about the argument about how much do you save. Frankly, the $8 billion that the OMB director is talking about in savings and $8 billion in taxes for a tot~.l of $16 billion in reduction are patently absurd, but they do make a point, that since we have now passed three or four other bilis that take cr-edit for portidns of these savings a.nd cl1ange the law, it is probably somewhere between $50 billion and $60 billion. in· eluding the taxes, that we will save ii v:e pass this bill.

But I am convinced that when we added scores cf new programs. in particular tho!'.e that the distinguished majority leader suggests we take out of t.his bill by unanimous consent, which was ob.iected to, we put this in the position where the President not only will veto it bnt I think he will have at least a,n eqnal opportunity and perhaps more convincing the American people that •Ne should not have put all those things in this bill !.<.nd that to some extent by doing it the way we have. and the House is guilty al;;;o-I am n0t saying just the Senate-that we have made somewh;;.t of a mockery out of a process that is supposed to be saving mom:y and curtailing programs oi this Govern:rnent.

"8路18296

CONGRESSIONAl:

If I were not .convinced of that, I would be here arguing the other way.

I ask unanimous consent to have printed in the RECORD for anyone who is interested a list of the disputes as to how much we are actually saving and how much they contend in 路the White House through OMB that V.'e are saving, and I will repeat that I think the savings is about $50 billion over the next 3 years giving credit to some things that have already passed in appropriations or in the farm bill that should have been in this when we started this process.

There being no objection, the material was ordered to be printed in the RECORD, as follows: Possible disputes on scoring resolved

Savings (gross).................................

Offsets and minor registration already passed...........................

$83.038

Subtotal ................................ ..

Agricultural credit <in farm

74.022

billl.. .......................................... ..

-6.8

Subtotal..................................

OCS <8g): <not a Policy change)

67.2 -1.4

Subtot~l..... .... ............. ............

Highways <in app. bill)...............

65.8 -2.5

Subtotal ................................ ..

Medicare hospital reimbursement <can be done by regulation) .......................................... ..

63.3

-9.016

-------

Subtotal..................................

IRS and Customs collections <dispute on scoring) .......... :......

-4.0 59.3 -3.3

----

Subtotal ................................. .

Out-year civilian pay <can be done later, in theory) ............ ..

-5.0

Total savings (if all allowances made for scorekeeping)...............................

Net revenues....................................

51.0 10.2

56.0

----

Mr. DOMENICI. Having said that, I do not want to mislead anyone. It will be very diffic.ult in January and February to get this job done. We will be engulfed in a new budget. GrammRudman will be staring us in the face in terms of a $144 billion deficit target for fiscal year 1987. The President will have already sent us a budget, but I am convinced that even if there is a slight chance we should do it, we should. Because I do not think there is any chance that we will get it by passing this bill as it now stands.

So I believe that, while there are many good reforms in it, v;e clearly should not have passed trade adjustment in confrontation with a 6-weekold letter of the President saying, "Do not put it in." I do not think we should have passed the 5-year moratorium on interest and accruals on the black lung indebtedness that will cost $2 billion. I do not think we should have changed the quality control under Medicaid and AFDC. Those were savings. We changed them.

I do not think we should have put the Superfund, as we planned to do it in this bill, in the manner that it originally came to us. But we did not take the Pn'sident very seriously until

RE<~ORD-..;...;

SENATE

about now. I think that is kind of too bad. I think we have to do what the majority leader suggested and give it at least a chance to survive.

Mr. President, how much time do I have remaining?

The PRESIDING OFFICER. The Senator has 1 minute remaining.

Mr. DOMENICI. I reserve the remainder of my time.

Mr. JOHNSTON. Mr. President, I yield 1 minute to the distinguished Senator from Colorado.

Mr. ARMSTRONG. Mr. President, I think the chairman of the Finance Committee got a raw deal, but that is not the issue. I think there is a lot of junk in this bill and I pointed that out last night just before we all voted on it, and that is not the issue, because we knew there were a lot of things in there that were not so good.

There are two issues. One is that by sending this back to a conference committee, do we avoid a Presidential veto? And the answer to that is, no. If we send it to the conference, the bill is going to be dead. It is a new form of Presidential veto. It is a veto without sending a bill to路 the White House.

Some of the President's people come up and say, "Look, we are going to veto this," so we shunt it off to conference.

The real issue, as far as I am concerned, and the reason I am going to vote for the motion to be propounded by the Senator from Louisiana, is very simple. This is the same bill we voted for last night 78 to 1, except for one thing. We are taking out a tax provision. It is, in every other respect, the same bill we voted for last night.

So the only reason to vote against it is that we are that much in love with the tax provision, and I am not. So I am going to support the Senator from Louisiana.

Mr. JOHNSTON. Mr. President, I yield 1 minute to the distinguished Senator from Nebraska.

Mr. EXON. Mr. President, obviously we are so restricted on time that we cannot debate this. I cannot begin to say what I wanted to say in 1 minute, but then that will make everyone happy.

I associa.te myseif with the remarks of my distinguishd colleague and member of the Budget Committee, the Senator from Colorado. If you vote the way the leadership has asked you to vote, you kill the bill. I cannot understand how the same people that recommended that we vote for this 78 to 1, the same people who asked us to send t-his back over there twice-and I was here both times and agreed to send it back by voice vote, although I had some serious concerns about the value-added tax-the same people now are telling us this would be a disaster unless we make three or four changes that the President of the United States has to have before he signs the bill. It is all nonsence. Let us not go along with the majority leader.

The PRESIDING OFFICER. The Senator's time has expired.

December 20, -1985

Who yields t-ime?

Mr. STEVENS. Will the Senator from Louisiana yield to me for a question to him'?

Mr. JOHNSTON. Yes, I yield.

Mr. STEVENS. Mr. President, the Senator from Louisiana has worked long and hard to solve some of the problems for the States that have substantial oil and gas production. But I would ask him this question: If we do not find a way to get this bill down to the President, it is my understanding that, when he submits his budget in January, all of the savings that would come by virtue of the entitlement changes that are in this bill must go into his budget. because he is compelled to spend that money. When he does that, he has to make corresponding changes to the budget in order to comply with the target of GrammRudman-Hollings, a:s I understand it.

That means that the Coast Guard is going to lose money, all of the parks in the Bureau of Land Management, all of the civilian agencies that the Senator from Louisiana and I have worked very hard on, and the Department of Defense, also, that he and I worked very hard on, are going to be cut, cut down because of the real savings in this bill.

Now, is there not some way that we can find a way to get together here before we vote on the majority leader's motion and find some way to see if we can get this bill in a fashion that we can agree on in a bipartisan wa;y to accomplish the objective the minority leader wanted to accomplish weeks ago and take advantage of the reduction in that budget that is going to come in January? Has the Senator really thought about the impact on the programs we have worked so hard on if this bill is not signed?

The President says he is not going to sign it. The Senator from Louisiana says, "Send it down to him so he will veto it." I happen to believe that man at 1600 Pennsylvania Avenue. He never told me he was going to do something and then did not do it. I tell you, I think he will veto it. I think the Senator from Louisiana would like to see a solution and I would like to see a solution. Is there not some way we can work out that solution tonight?

Mr. JOHNSTON. Mr. President, I believe the answer to that question is路 by voting for the motion to table the Senate amendment and sending this bill down to the President, I believe that cooler heads and he will sign the bill.

Mr. President, I yield the remainder of my time to the distinguished Senator from West Virginia.

The PRESIDING OFFICER. The Democratic leader is recognized.

Mr. BYRD. Mr. President, how much time do I have?

The PRESIDING OFFICER. The Senator has 2 minutes.

Mr. BYRD. Mr. President, in 2 minutes, Jet me just say that tv.-ice we on

December 20, -1985

s 1'82~)7"

CONGRESSIONAL RECORD -'SENATE

this side have supported the effort to s.ond the Senate amendment to the House of Representatives for conference action. Twice the House has rejected the Senate amendment, and the House is going to reject it if we send it back again. It is a \vay to kill this bill.

It is a way ·to let Mr. Reagan avoid having to face up to the question as to whether he will sign a bill making budget deficit reduction now.

A motion nov: to table the Senate amendment will send this measure to the White House immediately. We are fa.st losing a quorum. We may still have a quorum here now. But this is the 20th day of December. Does anyone around here really believe that there will be more Senators here tomorrow; that there will be more Senators here on Monday; that there will be niore Senators on Tuesday? Does anyone here really believe the House of Representatives 1.vill take this up again? They have twice spoken. They have twice rejected this amendment.

Does anyone really believe the House will establish a quorum and take this amendment up again? No.· If we send this back to conference, that is the end of this measure, because the House is not going to accept this Senate amendment. In the meantime. we will have lost a auorum.

I say, let the President veto this measure if he wishes to do so. He has that power under the Constitution.

But \;;;e have a responsibility, too. This is our chance to pass a budget deficit reduction that. will amount to $79 billion. according to the CEO; there is some question, but what baselines are the OMB using? That is what I would like to know. They can come up with different positions and different figures anytime it suits their convenience.

But I say the responsibility is on this Sel'iate now to act and to act decisively. I hope the distinguished Senator from Louisiana will move, when the time has expired on both sides. to table the Senate amencLment. We have tried it. We have stood by it. We cio not want to see this bill killed.

The question is: Do we want deficit reduction, and do we want it now?

This is our chance.

The PRESIDING OFFICER. The time of the Senator from Louisiana has expired. The Senator from New Mexico has 1 minute remaining.

Mr. DOMENICI. Mr. President, I am going to use my 1 minute and tell the Senate I do not think anybody around here has worked harder to make this process work than the Senator from New Mexico. I did not put all these provisions in this bill, and everybody knows that. Our procedure is that the committees do their work. If there is any blame, it is that we, 3 or 4 weeks ago, on this side and on that side, de· cided •.w could use this reconciliation to do anything we wanted. \Ve decided we '.l.;ould add new prog1·ams so long as the a.ddit.ion of programs did not eat up tllC savings that we found some-

where. Maybe we have learned a lesson; maybe we have not.

Frankly, the issue is no longer the Superfund tax. It is the five or six or seven programs that we probably either should not have put in or went a little bit overboard on. But, at least, I believe the President will veto it and we will not get a chance to realize any of those.

I want to say to the Senator from Louisiana that I appreciate his work.

He did a masterful job all the way through, I wish we could be here today getting it finished. I think we might in January and February.

So I hope the Senator's motion does not prevail.

The PRESIDING OF:PICER. All time on the motion has expired.

Mr. JOHNSTON. Mr. President, I move to table the Senate amendment and ask for the yeas and nays.

The PRESIDING OFFICER. Is there a sufficient second?

Mr. DOLE. Mr. President. I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The assistant legislative clerk proceeded to call the roll.

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

The PRESIDING OFFICER. Without objection, it is so ordered. ·Mr. JOHNSTON. Mr. President, I ask for the yeas and nays.

The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second.

The yeas and nays were ordered.

Mr. BYRD. Mr. President, I ask unanimous consent that the Chair secure order, maintain order, and that the clerk ani10unce the vote of each Senator as it is called.

The PRESIDING OFFICER Without objection, it is so ordered.

The question is on agreeing to the motion of the Senator from Louisiana to lay on the table t11e amendment of the Senate to the reconciliation bilL On this question, tbe yeas and nays have been ordered, and the clerk will call the roll.

The assistant legislative clerk called the roll.

Mr. SIMPSON. I announce that the Senator from Maine. [Mr. COI-IEN], the· Senator from Alabg,ma [Mr. DENTON], the Senator from :r.'Iinnesota Lrvl:r.

DuRENBERGER], the Senator from North Carolina [Mr. EAST], the Senator from Washington r:M:r. EvANS], the Senator from Utah [Mr. GAim]. the Senator from Iowa [Mr. GRASSLEY], the Senator from Oregon [M:r. HATFIELD], the Senator from Florida [l\:!rs.

HAWKINS], the Senator from New Hampshire [Mr. Hm.n'HREY], the Senator from Idaho [Mr. McCLURE], the Senator from Alaska [Mr. MuRxowSKI], the Senator from Virginia [Mr. TRIBLE], and the Senator from Connecticut nvfr. NICKLES] are necessarily absent.

I 2.lso announce that the Senator from Maryland [Mr. MATHIAS] is absent on official business.

I further announce that, if present and voting, the Senator from Florida [Mrs. HAWKINS] would vote "nay."

Mr. BYRD. I announce that the Senator from Delaware [Mr. EIDEN], the Senator from Oklahoma [Mr. BoREN], the Senator from North Dakota [Mr. BuRDICK], the Senator from California [Mr. CRANSTON], the Senator from Illinois [Mr. DixoN], the Senator from Connecticut [Mr. DoDD], the Senator from Missouri [Mr. EAGLETON], the Senator from Colorado [Mr. HART], the Senator from Massachusetts [Mr. KENNEDY], the Senator from New Jersey [Mr. LAUTENBERG], the Senator from Montana [Mr. MELCHER]. the Senator from Ohio [Mr. METZENBAUM], the Senator from New York [Mr. MoYNIHAN], the Senator from Georgia [Mr. NuNN], the Senator from Rl1ode Island [Mr. PELL], the Senator from Arkansas [Mr. PRYOR], the Senator from Michigan [Mr. RIEGLE], the Senator from ·Maryland [Mr. SARBP.NES], the Senator from Illinois [Mr. SIMON], and the Senator from Nebraska [Mr. ZORINSKY] are necessarily absent.

I also announce that the Senator from Florida [Mr. CHILEs] is absent because of illness.

I further announce that, if present and voting, the Senator from Rhode Island [Mr. PELL] and the Senator from North Dakota [Mr. BuRDICK] would vote "yea."

The PRESIDING OFFICER. Are there any other Senators in the Chamber who desire to vote?

The result was announced-yeas 29, nays 35, as follows: [Rollcall Vote No. 38Q Leg.] YEAS--29 Armstrong

Baucus Bentsen BingRman

Bradley Bumpers Byrd DeConcini Ex on Ford

Abdr.N Andrews

Boschwitz Chafee Cochran n·A.mato Danforth Dole Domenici Gold\vater Gorton Gramm

Glenn Gore Harlzin Hefli!l Hollings Inouye Johnston Kerry Lenhy LeY in

NAYS-35 Hatch Hecht Heinz Helms Kassebaum KRsten Lax a It Lugar lviatUngly Packwood Pressler Quayle

NOT BidE·n Boren Burdick Chiles Cohen C1anston Denton Dixon Dodd Duren berger Ea.glelon Enst

Long Mat:mnaga McConn~ll

rvlitchell Nickles Proxn1ire Rockefeller Sasser Stennis

Roth Rudman Slf!lpson Specter Stafford Stevens Symms Thurmond Wallop Warner Wilson

VOTING-~6

Evans Garn Grassley Hart Hatfield Hawkins Humphrey Kennedy Lauten berg Mathias McClure

Metzenbaum Moynihan Murko\vski Nunn Pell Pryor Riegle Sarbancs Simon Trible Weickcr

p,.~f~kber

Zorinsky

s 18298

CONGRESSIONAL RECORD.....:. SENATE

So the motion to lay on the table was rejected.

Mr. DOLE. Mr. President, I move to reconsider the vote.

Mr. GRAMM. I move to lay that motion on the table.

The motion to lay on the table was agreed to.

The PRESIDING OFFICER. The question recurs on the motion to insist.

Mr. BYRD. Mr. President, how much time remains on the vote?

The PRESIDING OFFICER. All time has expired on the vote.

The question is on ¡agreeing to the motion.

Mr. BYRD. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Mr. DOLE. Mr. President, I ask that further proceedings under the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered. the Senate will be in order.

The question is on agreeing to the motion to insist.

Mr. JOHNSTON. Mr. President, I move to recede from the Senate amendment and ask for the yeas and nays.

The PRESIDING OFFICER. Is there a sufficient second? There is a sufficient second.

The yeas and nays were ordered.

Mr.¡ DOLE. Mr. President, I ask that there be a time agreement of 10 minutes, 5 minutes on a side.

The PRESIDING OFFICER. Without objection, it is so ordered.

The Senator from Louisiana.

Mr. JOHNSTON. Mr. President. what this motion would do would be to have the Senate- concur in the action of the House of Representatives, which is to say we would adopt the action the Senate approved here by 79 to 1, with one exception, and that is to excise or take from our bill the socalled Supefund tax, the excise tax that was objectionable in the House of Representatives. That is all this motion would do. If passed, this motion would send to the President a bill directly so that he by his signature could save $79 1/2 billion. Every day delayed is $50 million in the meantime.

I reserve the remainder of my time.

The PRESIDING OFFICER. Who yields time?

Mr. DOMENICI addressed the Chair.

The PRESIDING OFFICER. The Senator from New Mexico.

Mr. DOMENICI. Mr. President, we are going to check to see if the distinguished chairman of the Finance Committee desires some time but let me just say to the Senate, If I understand this correctly, this is just another way of voting on the same issue we disposed of on the motion to table. If the motion of the distinguished Senator from Louisiana prevails, and if the

House approves it, this bill goes to the President just as it would have gone to the President had the motion to table prevailed. I think we made the arguments that that would be an act of futility and in the national interest we ought to salvage whatever opportunity we have to get a major reconciliation bill and that it is far better served if we send this bill back to conference.

They will have time in January and February to decide whether we can get a conference report that would salvage substantial portions of the amount of money saved and taxes imposed in this measure.

I reserve the remainder of my time.

Mr. JOHNSTON. Mr. President, I yield 1 minute to the distinguished Senator from Texas.

Mr. BENTSEN. Mr. President, what we are talking about is that if we do not do it this way and we come back and try to change this reconciliation measure in any way, we are told that there is no quorum in the House of Representatives. They are operating under unanimous consent. So what we have done in this situation, I think, is a rather cynical move to get it over there and let it die. When you do that, you give up 74 billion dollars' worth of savings. It is the same vote we had the other day by 78-to-1, and we are sending it there to die, supposedly, to put the responsibility on the House of Representatives.

Frankly, that is what brought about Gramm-Rudman. I saw a lot of people who voted for it and said they were against it but had to vote for it to exercise discipline. This shows that we are not exercising our responsibility in the U.S. Senate, and it brings discredit to this institution. .

I can tell you what the press is going to write: "Once again, the Congress of the United States ended up quarreling with itself and would not face up to making the cuts that have to be made in a responsible way to save money for the taxpayers of this country."

Mr. LONG. Mr. President, will the Senator yield?

Mr. BENTSEN. I yield.

Mr. LONG. If this motion carries, we will be receding on the amendment of the Senate. That is the Superfund tax.

Mr. BENTSEN. That is right. I say to my friend that I do not think anyone worked harder than I did on the Superfund. I feel very strongly about it. But I feel that we will fight that one another day. I think that with all the work we have done in the subcommittees, and arriving finally at a compromise and an agreernent, we should carry it out.

Mr. LONG. I supported the Senator in that matter every step of the way, as did most of us on this side of the aisle, but it is obvious to me that we cannot preavail on that. There is no way on Earth we can prevail on that matter. The House voted on it twice and defeated it by a larger vote the second time. Apparently, the House is not going to have a quorum, any\'liay.

That means it is the end of it.

December 20, 198/i

Mr. BENTSEN. We should understand that, as we cast this vote, we are sending it over there to die, because they do not have a quorum.

Mr. EXON. Mr. President, the inconsistency of the Senate Republican leadership on this issue is amazing.

Last night, the Republican lea.dership in the House successfully led the effort to knock out the VAT. thus making it possible for the President to consider signing the bill to cut up to $80 billion.

Now, today, the confused Republican Senate leadership lead the Senate fight to scuttle the Republican leadership in the House. These are the same people who claim they want budget reductions and balanced budgets. They invented and gave birth to the Gramm-Rudman fraud.

The Republican Senate leadership, when it came to put their votes where their rhetoric was, ignored these budget cuts and put it all off again.

Budget reduction leadership is not talk and posturing. It can only be ac.complished by the courage to do and not delay.

The PRESIDING OFFICER. Whu yields time?

Mr. DOMENICI. I yield to the Senator from Oregon.

Mr. PACKWOOD. Mr. President, let us not be mistaken about this being sent to die. It is being sent to conference, and there are four or five issues.

This is not something that is going to take weeks and weeks, and it is not going to take the legion-sized number of conferees we had to do it. Will the House recede on AFDC, quality control? Will they recede on unemployed parents? Will they recede on some of the new spending prog-rams that were added? I do not know. But this is not being sent back to die, so far as this conferee is concerned. I hope it is going back to strike an honest bargain.

The PRESIDING OFFICER. Who yields time?

Mr. DOMENICI. I yield the remainder of our time to the majority leader.

Mr. DOLE. Mr. President, I want to indicate that I hope we will all 'i.'Ote "no" on this and see what we can salvage in another conference.

I think the President made it rather clear that he would like to accommodate us if we would knock out some of these spending programs.

I think that those talking about Gramm-Rudman should be looking at spending programs, the additional money for black lung. It was a. House provision. A lot of new programs were added on the House side in reconciliation.

So I hope the motion will not prevail.

I want to determine whether or not we can assume that this will be the last rollcall vote. Members on both sides have been asking me, and I do not know. We are prepared to suggest that we can do all the rest by voice vote. I am not certain.

CONGRESSIONAL RECORD- SENATE

s 18299

lVIr. BUMPERS. Mr. President, I do setts [Mr. KENNEDY], the Senator from not presume to take over the job of New Jersey [Mr. LAUTENBERG], the the majority leader, but would he en- Senator from Montana [Mr. MELtertain the suggestion to have unani- CHER], the Senator from Ohio [Mr. mous consent, so that some of us can METZENEAUM], the Senator from New votes on leave, so that we will !<...now that this is York [Mr. MOYNIHAN], the. Senator from Georgia [Mr. NUNN], the Senator to leave the last rollcall vote? properMr. DOLE. Yes. I make that unani- from Rhode Island [Mr. PELL], the mous consent request, that following Senator from Arkansas [Mr. PRYOR], this mean we will the disposition of-well, I do not know· the Senator from Michigan [Mr. voice vote the black lung provision whether we can do that. I do not know RIEGLE], the Senator from Illinois that you want to take out of the who is going to prevail.

[Mr. SIMON], and the Senator from Mr. BYRD. That is a constitutional Nebraska [Mr. ZoRINSKY] are necesHouse bill?

Mr. DOLE. No, we are going to con- matter. I do not think we can enter sarily absent. into any consent agreement that" the ference.

I also announce that the Senator Mr. FORD. We are going to confer- vote must be by voice. I will not insist from Florida [Mr. CHILES] is absent ence on that. We do not vote on black on rollcall votes. I want the record to because of illness. show that I will vote against the I not going to vote motion to insist on the Senate amendextension, either. ment and go back to conference. understand that, but it Mr. DOLE. Let us all keep our hands down, and nobody will get the yeas and nays.

OFFICER. W,ho Mr. LONG. Mr. President, will the Senator yield? .

Mr. DOLE. I yield.

The announced-yeas remaining?

Mr. LONG. I will support the idea of nays 35, as follows: OFFICER. One a voice vote, but can we have it under· [Rollcall Vote No. 381 Leg.] rninute. stood that we will simply have the YEAS-30 Mr. JOHNSTON. Mr. President, I same conferees we had before? That Long yield to the distinguished minority way, there will be no need for a vote. Armstrong Glenn Matsunaga Gore leader.

Mr. DOLE. There is a slight differ- BP~UCli.S Harkin McConnell Mr. BYRD. Mr. President, let there ence, because I think Senator CHILES, Bentsen Bingaman Heflin Mitchell be no doubt about it: If this loses, we at the request of that side, has been Bradley Hollings Nickles Bumpers Inouye Proxrnire wm go to the motion to insist;- and substituted. He will be here in Janu- Byrd Johnston Rockefeller that will send the reconciliation pack· ary. That is the only change.

DeConcir.i Kerry Sarbanes age back ever there, and that will be Mr. LONG. That is fine.

Leahy Ex on Sasser the cemetery. That is where reconciliThe PRESIDING OFFICER. All Ford Levin Stennis ation will die. time having expired, the question is on NAYS-35 The distinguished majority leader agreeing to the motion of the Senator Hatch Roth Abdnor said it is "not our problem" as to from Louisiana.

Rud;nan Hecht Andrews v;hether the House has a quorum. It is On this question, the yeas and nays Boschwiti Simpson Heinz Specter Helms a problem for those of us who want to have been ordered, and the clerk will Chafee Kassebaum Stafford call the roll.

Cochran ~ee budget deficit reduction now.

Stevens · D"Amato Kasten Some Senators say the President will The legislative clerk called the roll.

Danforth Symms Laxalt Mr. SIMPSON. I announce that the Dole Lugar veto this bill if it goes to him. We can Thurmond Mattingly Waliop say that is "not our problem"; let the Senator from Maine [Mr. CoHEN], the Domenicl Packwood Warner President make the decision. Is that Senator from Alabama [Mr. DENTON], g~~~~~ter Wilson Pressler what we are trying to avoid? the Senator from Minnesota [Mr. Gramm Quayie If we want budget reduction now, DURENBERGER], the Senator from NOT VOTING-35 this ls the easiest and quickest way of Nortl1 Carolina [Mr. EAST], the SenaMetzenbaum Evans getting it. If we vote it down. remem- tor from Washington [Mr. EvANS], the ~~~~~ Moynihan Gam ber, Gramm-Rudman will be here, and Senator from Utah [Mr. GARN], the Burdick Grassley Murkowski it will be all the tougher because we Senator from Iowa [Mr. GRASSLEY], Chiles Hait Nunn Hatfield Pell did not take the right action to send the Senator from Oregon [1\'[r. HAT- Cohen Pryor Hawkins this bill immediately to the President FIELD]. the Senator from Florida [Mrs. g~":t~~n Humphrey Riegle of the United States.

HAWKINS], the Senator from New Dixon Kennedy Simon La.utenberg Trible I will not press for rollcall vote, but I Hampshire [Mr. HUMPHREY], the Sen- Dodd Weicker Mathias will have the record show that I voted ator from Idaho [Mr. McCLURE], the Durcnberger Zorinsky McClure against the motion to insist.

Senator from Alaska [Mr. MURKOW- ~~~eton Melcher Iv!r. DOLE. That would be true on SKI], the Senator from Virginia [Mr. So the motion was rejected. the request for a conference and the TRIBL.E], and the senator from ConMr. DOLE. Mr. President, I move to appointment of conferees. · necticut [Mr. WEICKER] a 1·e necessarily reconsider the vote by which the Mr. BYRD .. On the motion to insist. absent.

I also announce that the Senator motion was rejected.

I will vote "no.. on the motion to from Marvla.nd [Mr. MATHIAS] is Mr. BOSCHWITZ. I move to lay insist. that motion on the table. :r<Ir. DOLE. I assure my colleagues absent on official business.

Mr. BYRD. I announce that the_ The motion to lay on the table was that following that, I will request a conference.

Senator from Delaware [Mr. EIDEN], agreed Mr. BYRD. I \Vi!! support the the Senator from Oklahoma [Mr. The Pii:.ESIDl'N 1G motion to name conferees. The die will BoREN], the Senator from North have been cast. The Senate will have Dakota [Mr. BurmicKJ. the Senator. to reappoint them. from California [Mr. CRANSTON], the Mr. DOLE. After this vote, there will Senator hom Illinois [Mr. DixoN], the be a voice vote on a motion to insist, -Senator from Connecticut [Mr. DoDD], and a voice on requesting a confer- the Senator from Missouri [Mr. EAGLEence, and a voice vote on appointing TON], the Senator from Colorado [Mr. conferees.

HART], the Senator from Massa~hu/

s 18300

CONGRESSIONAL RECORD- SENATE

want that same privilege. I ask unanimous consent that they may show that in the RECORD. The PRESIDING OFFICER. Without objection, it is so ordered.

The following Senators asked that they be recorded a.s voting "No" on the motion to insist: Senators RocKEFELLER, EXON, JOHi'\fSTON, and DECO!'ICINI.

The PRESIDING OFFICER. The question is on agreeing to the motion to insist.

The motion was agreed to.

Mr. DOLE. Mr. President, I request a conference with the House and that the Chair be instructed to appoint conferees.

The PRESIDING OFFICER. Without objection, it is so ordered.

The Clerk will state the names of the conferees.

Mr. DOLE. Mr. President, are the conferees the same as ha.s previously been appointed, with one exception?

The PRESIDING OFFICER. With one exception, they are-Mr. DOLE I ask that they be approved 1Nithout further reading.

The PRESIDING OFFICER. Without objection, it is so ordered.

The PRESIDING OFFICER <Mr. WALLOP) appointed: From the Committee on the BudgetGeneral conferees: Messrs. Domenici. Armstrong. Mrs. Kassebaum, Messrs. Basch"itz, Symms, Chiles, Hollings, Johnston. and Sasser.

From the Com.>nittee on Agriculture, Nutrition and Forestry: Messrs. Helms, Dole, Lugar. Cochran, Zorinsky, Leahy. and Melcher.

From the Committee on Armed Services: Messrs. Goldwater and Nunn.

From the Committee on Banking, Housing and Urban Affairs: Messrs. Gam. Heinz, Proxmire, and Riegle.

From the Committee on Commerce, Science and Transportation: Messrs. Danforth, Packwood. Goldwater, Pressler, Gorton, Ste· vens, Hollings, Long, Inouye. Ford, and Riegle.

From the Committee on Commerce, Sci· ence, and Transportation for the consideration of sec. 6701 of title VI only: Messrs.

Danfart.h, Packwood, Goldwater, Hollings, and Long.

From the Committee on Energy and Natu· ral Resources: :Messrs. McClure, Domenici.

Wallop, Johnston, and Ford.

Frum the Committee on Energy and Natu· ral Resources for the consideration of sec.

6701 of title VI only: Messrs. McClure, Hatfield, Domenici, Johnston. and Ford.

From the Committee on Environment and Public Works: Messrs. Stafford, Chafee, Simpson, Symms, Bentsen, Burdick, and Lauten berg.

From the Committee on Finance-Gener· al Conferees: Messrs. Packwood, Roth, Da.n· forth, Chafee, Long, Bentsen. and Matsunaga.

From the Committee on Finance-For PBGC and ERISA Subconference only: Meosrs. Packwood. Chafee, Heinz, Mitchell, and Moynihan.

From the Committee on Finance-For CHAMPU's Medical Subconference only: Messrs. Durenberger and Baucus. · From the Committee on Finance-For priv&te health insurance cover&ge subconference only: Me~srs. Heinz, Wallop. Durenberger, Baucus. and Pryor.

From the Corrunittee on Governmental Affairs: Messrs. Roth, Stevens, Mathias, Cohen, Eagleton, Levin, and Gore.

From the Committee on Labor and Human Resources-General conferees: Messrs. Hatch, Stafford, Quayle, Kennedy, and Pell.

From the Committee on Labor and Human Resources-For PBGC and ERISA subconfereEce only: Messrs. Hatch. Nickles.

Thul'mond, Ken.11edy, 2.nd Metzenbaum.

From the Committee on Small Business: Messrs. Weicker, Gorton, and Bumpers.

From the Committee on Veterans· Affairs: Messrs. Murkowski, Simpson, and Cranston.

Conferees on the Part of the Senate.

Mr. DOLE. Mr. President, I want to thank again my colleagues for their patience and understanding. I really believe that we have reached the right result. I know it is difficult for those who have been conferees to look forward to going back to conference. But I am advised by the distinguished chairman of the Finance Committee, and the chairman of the Budget Committee that they believe there may be some opportunity to still achieve some savings. .

The President is on record now of indicating that he will sign the measure if we take care of these six programs, with one caveat. There may be some more entitlement programs which are added that have not yet been discovered by the President's advisers.

So it seems to me that we ha\'e an opportunity, and I hope we can reach a quick agreement when we come back. Or, if the House is prepared to go to conference now, I assume we can round up a few people that might even do that. But that would be highly unlikely.

In praise of Senators RocKEFELLER and BYRD for their effort-S to achieve compromise on financing of Black Lung Trust Fund.

Mr. MATSUNAGA. Mr. President, as a member of the Senate Finance Committee, I have worked long and hard with my colleagues on the reconciliation legislation that we are attempting to pass in final form today.

One issue that has been especially difficult is the large deficit of the Black Lung Disability Trust Fund. For many months, Senate and House members have disagreed over what approach should be taken to solve this problem.

My distinguished colleague, the junior Senator from West Virginia, Mr. RocKEFELLEJ'!., entered into the deliberations as soon as the problem was identified. For many months. he has played a pivotal role in bringing concerned Members of Congress, coal industry officials, and the United Mine \Vorl~ers of America together to form a consensus on an equitable and responsible solution to the Black Lung Trust Fund deficit.

As a conferee on reconcilifl,tion legisj lation, I was constantly briefed by Senator RocKEFELLER in the recent months on this important matter. Although the coal industry and coal miners are not part of my fine State of Ha\vaii, I have sympathized with my colleagues who represent Sta.tes whose

December 20. 1.985

economies are directly linked to the coal industry. In particular, I felt that our Nation should not retreat from its obligation to provide relief to the victims of the crippling disease of black lung.

With Senator ROCKEFELLER's advice and assistance. I decided to back a compromise that is now in the final reconciliation bill. It was nuclear whether the Senate and House leadership would agree to the compromise until the final hours of our deliberations. But fortunately, the arguments on behalf of the compromise plan con"inced the conferees to adopt it.

I supported this compromise-because I was convinced it will restore the solvency of the Black Lung Trust Fund.

Thanks to the leadership of concerned Senators including Senator RocKEFEL· LER, we have taken responsible action in time to avoid significant harm to the Black Lung Program.

There are others to congratulate for the efforts that were made on behalf of this provision of the reconciliation legislation. In particular, our distin· guished minority leader, the senior Senator from West Virginia. Mr. BYRD. who helped a great deal to reach this positive outcome.

The people of West Virginia are indeed well represented in the U.S. Senate.

Mr. SASSER. Mr. President, as we now await final resolution of the conference report on the budget reconciliation bill, I would like to take just a few minutes to talk about one provi· sion in the bill that I feel is both a major disappointment and ill-advised: namely, the banking provisions dealing with the Urban Development Action Grant Program.

I support the reconciliation bilL Overall, it represents much needed deficit reduction to the tune of some $83 billion over the nex.t 3 years; $20 billion this year alone.

Differences between the Hoc:se and Senate bankL.ig conferees regarding major housing authorization provisions has led to a situation where UDAG formula changes, which have tediously been negotiated over an extended period of time, are basically being held hostage. This is most unfor· tunate to the many communities around this Nation which have been bypassed over the past several years by a formula which unduly works to the advantage of cities in eertain regions of the country to the detriment of other regions such as cities in the sunbelt, including my State of Tennessee.

A tremendous amount of time and effort has gone into assuring formula changes which will guarantee both the continuation and efectiveness of this important public/private partnership initiative. Those of us who wanted to restore UDAG's original mission, to restore its definition as a truly action· oriented program, undertook these negotiations some 2 years ago. \Ve have

December 20, 1985

CONGRESSIONAL RECORD- SENATE

u.s. SE~:ATE, finally produced a compromise which Washington, DC, December 6, 1985. is a compromise in the truest sense of the word, it is bipartisaJ::, spa:n..s all re- HO'J. WILLlAM V, ROTH, Jr., Ser.ator, Washington, DC. gions of the country, and crosses phil- U.S. DEAR BILL: I'm •.vriting to let you know my osophic&l and ideological lines. concern that Amendment 857 to the Senate UDAG's original hlission has not budget reconciliation bill-de3,ling with fedch;:mged. It is to provide a chance for eral motor vehicl;: expenditme controldistre5scd ubran cor:mmnities to stem would have a substan~ial adverse eliect on the tide ot' dec&y, :?.,nd to do it \Vith a the Bormeville Fower Adm!n\strativl"' unicpJe pub!ic-r,riv~ite partnership ap- lBPAJ. an effect that I dnn't beii;:ve the spons0r of the amendment inte1ded. Pc>.r proar.h. It is "to assist cities and coun- these rc·a..sons rrn askt~g ycl.A.r support for a ties Khich an: experiencing sev.:.re eco- clartficatiDn of the d2flnltion of "n.1otor ve· z;,}n~ic distress to he~p stimub.te ecohic1es" co:ctained in th~ B.raend.."'TT.-::nt.

As you know, the BPA !sore of six fede;;;,l nomic development activity needed to aid iT{ econotnlc reeovery.'' 'fhi.:: com- power marktting age:~c.:l~s. It co~·1st~ucts, cpmit;rent would come from a communi- e~·ates a.Ed mal~tz.li!s t!1e €leetrical tran.smis· ey:>tem in the Pacific North:;J<>St. Apty's own citizens, its ov.n businesses, >ion pic.xi~nate1y 90% of it.s tleet is off-ro9.d and its G'J.'Il St2.te rond local go..-ernments.

Epeclal purpose vehicles, nzed in the Held.

In t:rn.;s of fiscal and budgl':tary aus- The:::e vehicles ?.re requii·erJ ty the BPA in t':!rity, this is exa(:tly the kind of initia- order to provide a re112.hie regjcnal tran::;tive th::;,t VJe should be striving for. I mission network.

It is BPA policy to tun1 first to the Ger:::rregret that the ch~'1ges that I and Services Ac'.mlnistra'.ion [QSAJ fo!' their others including Senators RIEGLE, al vehicle need:;, and to purchase only those HEINZ, G?.ASSLEY, and D'AMATo have vehicles which GSA does not have a.vaiiab!e. v.-o:·J.:ee! so hard to achieve l'..re not in- There is no private sector alternative source cluded in tili.> bilL

I do not know whether this reconciliation bill wm be passed befm·e we adjourn ~;ine die tcday. But I would just like state for the record that whatever happens here today, I will be back on this floor at the earliest possi· ble time next year pressing for changes which will preserve the essential mission of the UDAG Progmm while at the same time trying to make changes in the distribution formula which are fairer and more equitible.

Mr. GORTON; Mr. President, one of the provisions of the reconciliation bill is intended to control Federal motor vehicle costs, so as' to produce bUdE"et savings. I am concerned about the impact. of this proposal on the Bonneville Po'\ver Administration <BPA). The BP A is principally financed by electric rate r;harges, and so reductions in its cosi.s would be passed on through lower rates, rather than showing up as Fecieral budget savings. Given the exemptkm oi the Tennessee Valley Authority and the Postal Service from this provision, as well as report language indicating that the purpose of the provision is to produce budget savings, I would anticipate that the Administrator of General Services would apply the act's requirements to vehicles the elimination of which would produce budget savings.

In addition, many of the vehicles of the BPA are special purpo~e vehicles used for electric system operation and maintenance, and are not supplied by GSA nor readily available for lease in the private sector. Such vehicles are clearly intended to be e;,empt from the act.

I ask unanimous consent that a letter from mys;;lf to Senatcr RoTH, the chairman of the GO\'ernment Affairs Committee, a!!d his reply to me, agreeing with this point. appear at this point in the RECORD. There being no objection, the letters 'l'.'ere ordered to be printed in the RECORD, as follows:

to

~·..:ch sped2Ji:led equipment. In add1Lion.

EPA is alree.dy in the proce2s or condt!:ting an A-76 study of its motor vehkle m~t!nte­ nance activities, to analyze Vlhet!lt:l" these ceu!d be contracted to the privP_t.e sedor.

Gi\·en the unique charac~erist.ics of the BPA fleet, applying the requii'ements of Amend.ment 857 would r<osult in. :. substantial paperwork burden to the agency with no real benefits through lowe!' vehicle costs.

I therefore ask your help in modifying the language to exclude such specialized field vehicles required by the six federal power marketing agencies from this a.mendment.

Att&hed is proposed bill and report which would seem to solve the problem.

Thank Y0'-1 for your attention.

Sincerely, SLADE GORTON.

for

U.S. SENATE, Washington, DC, December 17, 191J5.

Hon. SLADE GoRTON, U.S. Senate, Washingto7'.., DC. DE.~R SLADE: I am responding to your Decemt•er 6, 1985 letter regarding the Fedeml motor vehicle expenditure control provision included in the Senate budget re-:ionciliation bilL You mid ti1is proYision c:mld have a 511b;;ts.ntial advErse impact on t.J::e paperwo:rk burden to the agency with no rea! benefits through lower vehicle costs. v.-e have reached agreement with the House, and I wa.t1ted to let you know the result now because o! the un('ertainty about when the conference report will be approved by the Cong<ess.

The motor vehicle expenditure control provision in the final bill contains modifications that should allay your concerns. First, we simplified the data collection, study a!ld reporting requirements which should reduce the paperwork burdi'n, not only on BPA but also all Federal ugencie.s subject to the provision. Second, we provided in the definition of "motor vehicle" that the Admi!1istrator of General Senices con!d exempt from the provision's l'equire.ments "any other special purpose Vt'hicle." This language was incl'-lded to permit exclusion of field vehicles such as those req\.lired by Bonneville Power and the other five power marketing agencies.

Therefore. I would expect the Administrator to act favorably on any request from these agencies for an exemption of their spechl purpose ·;ehicles.

Sincerely,

\VILLL\M R01'H, JR.

Cl!ainnan.

s 18301

M:r. BENTSEN. Mr. President. there is no one in this Chamber more disturbed than I am by the failure of the other body to abide by the conference agreement, which was negotiated in good faith over many weeks.

But we must be realistic ·and deal with the options that confront us, and from wh~t I c2.n see those opt!ons are very limited. To be more precise, I beli~ve they have been narrowed dcwn to two.

We can either s<:nd a budget reconciliation bm 'to the White E·:,use or not.

Let me tell you what it means if tl~e U.S. Senate fails to send a bill to U1e White House.

It means that the U.S. Senate will be respcnsible for adding $52 million to the Federal defkit every day that legLslation is not signed into la'.v. \"/e're talking here, after ali, ::bout legislation that will reduce the Federal deficit by more tltan $Hi bmior. duri.J)g the currer,t fiscal year and by $74 billion over the next 3 years. <So fa.r as my O\nl State> of Texas is concerned, the budget reconc.iliEtiDn bill also ends a long contnlver~y O'/er revenues fro:n offshore oil and gas.

My State's eco!lomy is struggling 1'!.nd our State finances are strained. This legis1ation would pro\-ide $456 million to our State treasury immediatelymoney we need i:m..rnediately-and a total of $'772.4 million over the next 10 years. I fought hRrd in the Senate to insure Texas a fair share of these funds. We v;on that detcte and 'we should carry cu.t that decision.

It was only 1 week ago that the Senate approved legislation intended to eliminate the Federal deficit by 1991. Yesterday we voted for this legislation by a vote of 78 to 1. We are today facing our first h2.rd choices on budget reduction since GrammRudman was signed into law and a f~ilure to act now-however persuasive the arguments might st-Em--would get this effort off on the wrong foot.

Mr. President, in my view we have no choice but to bring about this saviT.g to the taxpayers and approve the budget reconciliation legislation sent to the Senate by the House of Representatives.

Thank you.

ROUTINE MORNING BUSINEE'S Mr. DOLE. Mr. President, I as!;, unanin>.ous consent that there be a period for the transaction of routine morning business for not to extend beyond the hour of 6:30 p.m. this evening.

The PRESIDING OFFICER Without objection, it is so ordered.

CONRAIL Mr. DOLE. Mr. President, when ;;,;e return in January, lLTlless there is something unforeseen which happens, and I do not anticipate anything, it

s 18302

December 20, 1985

CONGRESSIONAL RECORD- SENATE

will be the intention of the majority leader to turn to Conrail as the first order of legislative business.

That is a matter of extreme interest to many of my colleagues, and to the Secretary of Transportation.

I think the distinguished chairman of the Commerce Committee wanted to make.some comments.

Mr. DANFORTH. Mr. President, let me express my appreciation to the majority leader for that announcement.

The offer of Norfolk Southern Corp. to buy Conrail expires at the end of the year. I met recently with the CEO of Norfolk Southern, Robert B. Claytor, to discuss the status of the sale of Conrail legislation <S. 638). I told Mr. Claytor that while the Senate will not have time to consider the matter fully this session, it is my intention to bring S. 633 to the floor as the pending busine:"s when we reconvene in January.

On the basis of this assurance, Mr. Claytor has indicated that he considers this to be substantial progress and has committed that Norfolk Southern is willing to extend its agreement with the Department of Transportation long enough to allow the necessary consideration and a vote on S. 638.

SINE DIE ADJOURNMENT Mr. DOLE. Mr. President, I ask unanimous consent that the Senate tt.:rn to the consideration of House Concurrent Resolution 267, the adjournment resolution.

The PRESIDING OFFICER. Without objection, it is so ordered.

The clerk will report.

The bill clerk read as follows:

There being no objection, the Senate The concurrent resolution <H. Con. proceeded to the immediate considerRes. 267) was agreed to.

Mr. DOLE. Mr. president, I move to ation of the joint resolution. reconsider the vote by which the conThe PRESIDING OFFICER. The current resolution was agreed to. question is on the joint resoldion.

Mr. BYRD. I move to lay that The joint resolution was agreed to. motion on the table.

Mr. DOLE. Mr. President, I move to The motion to lay on the table was reconsider the vote by which the joint agreed to. resolution was agreed to.

Mr. BYRD. I move to lay that motion on the table.

ORDERS FOR TUESDAY, The motion to lay on the table was JANUARY 21, 1986 agreed to.

Mr. DOLE. Mr. President, I ask unanimous consent that when the Senate- convenes the 99th Congress, TEMPORARY EXTENSION OF the 2d session, on Tuesday, January CERTAIN TAX PROVISION 21, 1986, that the reading of the JourMr. DOLE. Mr. President, I ask that nal be dispensed with, that no resolu- the Chair lay before the Senate a mestion come over under the rule, and sage from the House of Representa· that the call of the calendar be dis- tives on H.R. 4006. pensed with.

The PRESIDING OFFICER laid THE PRESIDING OFFICER. With- before the Senate the following mes· out objection, it is so ordered. sage from the House of RepresentaRECOGNITION OF SENATOR PROXMIRE tives: Mr. DOLE. Mr. President, I ask Resolved, That the House agree to the unanimous consent that after the rec- amendment of the Senate to the bill <H.R. ognition of the two leaders under the 4006) entitled "An Act to extend until standing order, the Senator from Wis- March 15, 1986. the application of certain consin, Mr. PROXMIRE, be recognized tobacco excise taxes, trade adjustment assistance, certain medicare reimbursement for not to exceed 15 minutes.

The PRESIDING OFFICER. With- provisions, and borrowing authority under the railroad unemployment insurance proout .objection, it is so ordered. gram, and to amend the Interna.l Revenue ROUTINE MORNING BUSINESS

Mr. DOLE. Mr. President, I ask unanimous consent that following the special order, there be a period for the transaction of routine morning business not to extend beyond the hour of 1 p.m., with Senators permitted to speak therein for not more than 5 minutes each, and, provided further, A concurrent resolution <H. Con. Res. that the morning hour be deemed to 267>, providing for a sine die adjournment have expired.

THE PRESIDING OFFICER. Withof the first session of the 99th Congress.

There being no objection, the Senate out objection, it is so ordered. proceeded to the immediate considerr.tion of the concurrent resolution.

FILING OF COMMITTEE Mr. BYRD. Mr. President, may I ask REPORTS the distinguished majority leader a Mr. DOLE. Mr. President. I ask question?

Does this resolution have in it the unanimous consent that during the common provisions that have been put adjournment of the Senate over until into such adjournment resolutions re- January 21, 1986, that committees be cently allowing the House and Senate authorized to file reports between the hours of 10 a.m. and 3 p.m. on to call themselves back?

Mr. DOLE. It does contain that lan- Wednesday, January 8. 1986.

THE PRESIDING OFFICER. Withguage.

Mr. BYRD. I thank the distin- out objection, it is so ordered. guished majority leader.

Mr. DOLE. Mr. President, can we TEMPORARY EXTENSION OF have that portion of it read? I think it CERTAIN PROGRAMS RELATis important.

ING TO HOUSING The PRESIDING OFFICER. The Mr. DOLE. Mr. President, I ask clerk will report. unanimous consent that the Senate The bill clerk read as follows: SEc. 2. The Speaker of t11e House, after turn to the consideration of House consultation with the Minority Leader of Joint Resolution 495, relating to housthe House, and the Majority Leader of the ing programs.

The PRESIDING OFFICER. With· Senate. after consultation with the Minority Lea.der of the Senate, acting jointly, shall out objection, it is so ordered. notify the Members of the House ~.nd The clerk will report.

Senate. respectively, to reassemble whenThe assistant legislative clerk read ever. in their opinion, the public interest as follows: s!1all warrant it.

The PRESIDING OFFICER. The question is on agreeing to the concurrent resolution.

Code of 1954 to extend for a temporary period certain tax provisions of current law which would otherwise expire at the end of 1985", with the following amendments: In lieu of the m2tter inserted by lhe amendment of the Senate to the text of said bill, insert: SECTION J. EXTENSION OF INCREASE CIGARE'ITES.

I~

TAX 0:'\'

Subsection <cl of section 283 of the Tax Equity and Fiscal Responsibility Act of 1982 <relating to increase in tax on cigarettes) is amended by striking out "December 20, 1985" and inserting in lieu thereof "March 15, 1986".

SEC. 2.

EXTEI'SIO~

OF MEDICARE HOSPITAL A~m PHYSICIAN PA DtEN1' PROVISIONS.

Section 5<cl of the Emergency Extension Act of 1985 (Public Law 99-107) is amended by striking out "December 19, 1985" and inserting in lieu thereof "March 14, 1986".

SEC. 3. EFFECTIVE DATE.

The amendments made by this Act shall take effect on December 19, 1985. As an exercise of authority under the commerce. taxation, and other powers under the Constitution, the amendment made by section 1 shall be treated for purposes of all Federal and State laws s.s enacted on December 19.

1935.

In lieu of the matter inserted by the amendment of the Senate to the title of the aforesaid bill, insert: "An Act to extend until March 15, 1986, the application of cer· tain tobacco excise taxes and certain medi· care reimbursement provisions."

Mr. DOLE. Mr. President, I move that the Senate concur in the House amendments.

The motion was a.greed to.

Mr. DOLE. Mr. President, I move to reconsider the vote by which the motion was agreed to.

Mr. HELMS. I move to lay that A joint resolution <H.J. Res. 495>. to pro· vic!.:: for the temporal'Y extension of certain motion on the table.

The motion to lay on the table was programs relating to housing and communi· agreed to. ty development, 2nd for ot11er purposes.

December 20, 1985

CONGRESSIONAL RECORD·_ SENATE

M:r. MATSUNAGA. Mr. President. will the majority leader yield?

Mr. DOLE. I <trn happy to yield to ti1e distinguished Ser~ator from Hawaii.

Mr. MATSUNAGA. Mr. President, I had intended to aff0r to this bill an amendment to e;.;tend the tax credits for renewHble energy such as solar and geothermal proj<::cts. But, after consulting with the chairman of the Fin::tnce Committee, with the majority leader, and with the minority leader, I decided against offering the amendment because it would haye put the tobacco and Medic::'.re tax extensions in jeopardy. This is true because the House does not ha·.-e a quorum, and it would have taken just one single voice to defeat the bill.

I was told that we could take up the matter of the renewable energy credits early next year which would be mB.de retroactive to January 1 anyway.

I wish to express my deep appreciation to the chairman.

Mr. PACKWOOD. Mr. President, could I address the point raised by the Senator from Hawaii? As he !mows, I have been a long supporter of this program. There are a good many other programs that are expiring. It would be my hope that any of those that are kept would be kept retroactive when they expire at the end of this year.

Mr. MATSUNAGA. I thank the chairman. I yield· the floor.

Without objection the nominations are considered and confirmed en bloc.

The nominations confirmed en bloc r..re as follows: The following named officers for posthoumous promotion to the grade indicated under the provisions of article II, section 2, clause 2 of the Constitution of the United States of America: ARMY

To be captain

Lt. John K. Kosh. 20'2-44-7<372 Lt. Paul D. Long. 422-80-7593 Lt. Joey ]',1cCarty, 457-96-4868 Lt. Barry C. Powell, 226-08-0757 To be CW0-4. CW0-3 Robert A. 231-64-9922.

Bowen,

s'18303

cial reporters and those in the Parliamentarian's office who work under the fine direction of Bob Dove; the Sergeant at Arms, Ernest Garcia and everyone in his office; the secretary to the msjority, Howard Greene ar1d his staff, John Tuck, Elizabeth Baldwin, and the entire legislative scheduling and Cloakroom staff. And or course, the pages.

Rev. Richard Halverson, the Senate Chaplain, provides solace and inspiration to us day after day, and for this I offer my appreciation.

Finally, a special word of thanks to my staff, both those in my personal oHice and the majority leader's staff.

Without their efforts, many of the achievements the Senate can point to would not have come about, or fallen short.

Mr. DOLE. Mr. Presid·ent, I move to reconsider the vote by which the nominations were confirmed.

Mr. BYRD. Mr. President, I move to lay that motion on the table.

The motion to lay on the table was ACCOMPLISHMENT OF 1985 agreed to.

Mr. President, I think the Senate, Mr. DOLE. M:r. President, I ask and Congress for the matter, has unanimous consent that the President many reasons to leave Washington be immediately notified that the feeling proud. This was a year when Senate has given its consent .to these Congress took the initiative, set the nominations. agenda, and grappled with difficult.

The PRESIDING OFFICER. With- controversial, but imperative issues. out objection, it is so ordered.

When we convened last January each of us had our personal legislative agendas. But I believe all of us shared LEGISLATIVE SESSION one overriding goal-a goal imposed Zvir. DOLE. Mr. President, I ask upon us, I might add, by the American unanimous consent that the Senate public. That was to finally come to return to legislative session. tenns with the perilous Federal defiThe PRESIDING OFFICER. With- cit. out objection, it is so ordered.

For some months, it may have looked like the Senate was on the road EXECUTIVE CALENDAR YEAR-END WRAP-UP to nowhere. But after many twists and President, I would Mr. DOLE. Mr. President, I know turns, we finally adopted a budget resthe distinguished mihe is in a position to that most everyone is tired and anx· olution calling for historic deficit refollowing military no:mi- ious to leave. But before we adjourn, I ductions. And in response to continued posthumous promotions would like to say a word of thanks to frustration over the deficit, passed the balanced committee today: In some of the many, many people who Gramm-Rudman·Ho1lings captain, Lt. John K. help lighten my workload, and make budget plan. The capstone to the D. Long, Lt. Joey being majority leader, if not a cake- year's deficit-cutting efforts ca;ne just today, when we agreed to the budget walk, a more pleasan.t experience.

Barry C. Powell.

First, ALAN Sn.iPSON, the assistant reconciliation package-putting into wanant officer 4, CWOmajority leader, whose ready sense of effect as much as $83 billion in deficit . President, I believe l:.umor and canny insights have helped reductions-approximately $69 billion tl1at these were officers v;:ho were on us out of many legislative thickets. in outlays over 3 years, and $i4 billion the plane which crashed. Not only do And whose willingness to step in for in additional revenues. I am very diswe not have any objection on this side, me, when necessary has been of im- appointed that we were unable to reach final agreement with the House but we also support the request that measurable help.

All of the Republican leadership, because of the debate on the financL.;g the. nominations be confirmed for STROM TEURMo:tffi, President pro tem- of Superfu....'1d. .posthumous promotion.

The whole tone and tenor of this Mr. DOLE. Mr. President. I want to pore, JoHN CHAFEE, the chairman of join the disti!lguished minority leader the Republican Conference, BILL ARM· session was set by the deficit.. Almost in urging the confil'mation of the pro- STRONG, the chairman of the R.epubli- every action we took; whether it was can Policy Committee, and JOHN authorizing defense programs or promotions.

HEINZ, the chairman of the Senatorial viding credit for Aln.e:dcan farmers, Committee, all have been of enormous was touched by the deficit.

EXECUTIVE SESSION Gone are the days when Congres.s assistance through this session.

Mr. DOLE. · Mr. President, I ask And while we have had our differ- had the luxury of creating new Federunanimous conseat that the Senate go ences, I want to offer my gratitude to al progra.<!lS. Today we must live with into executive session to consider ar;.d · the Democratic le2.0.er, the distin- the realities of retrer.chment. We, like confirm the nomin:;.tions just identi- g'.lished Senator from West Virginia it or not,· are charged .with deciding fied.

Bo:a BYRD. Throughout the session he >•;hat the Federal Government's role The PRESIDING OFFICER. With- has been both approachable and really is. Those decisions are not easy out objection, it is so ordered. forihri:;ht. Because oi thi::-. and his wil- ones. JL'1d we h<we only just begun to Mr. DOLE. Mr. President, I ask lingnesss to act as a mediator we were confront them.

Next ye:,o.r's challenges will be monuunanimous consent that the nomina- able to come to resolution on many mental. But we si1ould not give short · tions be considered and confirmed en difficu!t issues. bloc.

Thanks also to the Secretary of the shrift to what Congress, through its deThe PRESIDING OFFICER. With- SenatE., Jo-Anne Coe and her staff, in- termination, achieved this ye::;,r. No out objection, it is so ordered. cluding those in the office of the offi- longer can the American people doubt

s 18304

CONGRESSIONAL RECORD"'""""- SENATE

that we are serious about putting our fiscal house in order; 1981 marked a turning point in our Nation's economic history. Congress did not change course in 1985, but it shifted into high gear. And we wiil stay in high gear until we have guaranteed, through responsible fiscal policies, that economic growth and prosperity are here to stay.

While economic concerns were the focus of this session, questions of national and world-wide security were also central. And I believe our record, on the defense budget, aid to the Nicaraguan Contras, South Africa, the Jordan arms sale, the compact of free associations, and many others, is one that sustains our country's commitment t;o perserving world peace.

Congress also passed historic reforms in agriculture policy. The farm bill, which we cleared yesterday, sets a new directton by reducing support for basic commodities, increasing funds for export-promotion and farm credit programs, and extends the Food Stamp Program. And the farm credit bill, should provide farmers with the credit aid they need by shoring "P," the multibillion dollar Farm Credit System.

The Senate also dealt with issues long overdue for action-the foreign aid authorization bill, gun control, nominations to the Legal Services Corporation. And while Congress did not complete work on several major issues, the Senate-passed Superfund. immigration, and clean water legislation.

Mr. President, the list of measures and issues, considered or adopted by the Senate is long and impressive. And rather than go on, at this point I would ask unanimous consent to insert in the RECORD a summary, prepared by each of the committees, of this session's accomplishments.

There being no objection, the summary was ordered to be printed in the RECORD, as follows: 8UMMhRY OF AcTiVITIES OF THE COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY DURING THE 1st Session Of the 99th CON-

GRESS The Committee on Agriculture, Nutrition, and Forestry guided by its distinguished chairman, Senator JEssE HELMS, has developed in the first session of the 99th Congress agricultural programs t11at will signficantly affect the Nation and the world. Congress has an important role to play as partner with the farm community in strengthening the farm economy and in assuring fanners and ranchers t.he greatest possible opportunities for operating profitable farm Rnd ranching businesses. · During the first session of the 99th Congress. the committee conducted nine confirmation hearings on Presidential appointments, and reported favorably on every nomination.

The committee received a.nd reviewed 25 reports on various Department of Agriculture functions; 99 bills, resolutions, and amendments were referred to the committee and its six subcommittees; and six reports on legislation were filed. The committee conducted 27 hearings, six field hearings, and four subcommittee hearings relating to farm legislation and executive branch ap-

pointments. The committee conducted 49 legislative drafting sessions over 38 different days, and 12 sessions in conference over 8 days.

The committee·s work during the first session of the 9Dth Congress was centei"ed around the Food Security Act of 1985, oth· erwise known as the farm bill. Other legisJa· tion included a bill to defer the wheat refer· endum, and the r-eporting of several measures which were subsequently incorporated into the farm bill.

The farm bill reauthorized price and income support and production control programs for the 1986-90 crops of wheat, feed grains, unplant cotton. rice, soybeans, sugar and peanuts. as well as for production of dairy products, honey and wool and mohair.

It also included major legislation and reauthorization for: Public Law 480, the Food for Peace Pro· gram; Other key farm export programs, including authorization of an intermediate farm credit program; Authorization of a 40-million acre conservation reserve to retire highly erodible acres from producing a compromise on the status of clear title regarding mortgaged commodities; The Food Stamp a.nd Nutrition Programs; Major modifications in annual welfare legislation; and The first restructuring in legislation governing application of the cargo preference laws to agricultural exports.

In addition. the committee reported legislation fulfilling its obligations under the reconciliation procedures of the Budget Act, reducing spending in agricultural functions by $7.9 billion over 3 years. This legislation included modifications in export ·programs. agricultural credit programs. and the Food Stamp Program. These provisions were subsequently included in the farm bill.

Also, legislation reforming the Farm Credit System was passed by the Senate under committee direction. This legislation provided for the restructuring of the Farm Credit System revamped and increased the regulatory authority of the Farm Credit Administration and authorized Federal assistance to the system should that prove necessary.

Further, under the committee direction the Senate-passed legislation to extend certain expiring child nutrition programs, with ·a conference on similar legislation passed by the House of Representatives to be held early in the second session of the 99th Congress.

SUMMARY OF ACTIVITIES OF THE COMMITTEE ON APPROPRIATIONS DURING THE 1ST SESSION OF THE 99TH CONGRESS .

The 1st session of the 99th Congress has been an extremely busy one for the Committee on Appropriations. During the year.

18 separate appropriations measures were considered and passed by the Senate.

Although none of the 13 regular appropriations bills were enacted prior to the start of the fiscal year, 6 of these measures have subsequently become law. These included: the energy and water development; Commerce, Justice, State. judiciary: legislative, Housing and Urban D·evelopment: Transportation; Labor, Health and Human Services; and finally, the military construction appropriations bills. Extreme budgetary constraints confronting the Congress, and the attendant difficult choices and pri· orities, have resulted in prolonged delays in the consideration of budget and appropriation legislation.

It was not until September that the guidance on overall budgetary allocations was

December 20, 1985

Lions Unfortunately. the very heavy Senate schedule this fall precluded final action on all these separate measures. During debate on the final continuing resolution. however, the Senate was able to express its will on the remaining appropriations legislation and again the actions recommended by the committee have yielded approprial.jons for fiscal year 1986 within the total budget allocation for budget authority within its juris· diction.-

December 2'0, 1985

CONGRESSIONAL RECORD- SENATE

bill. These hearings focused on U.S. strategic offensive force programs; the Strategic Defense Initiative; strategic command, control and communications; theater nuclear forces; and the binary chemical modern!za· tion program. The memters received several classified briefings on Soviet capabilities.

This Subcommittee also conducted t'>'.'O hearings on the serious issue of Soviet treaty violations. These hearings addressed the actual violations and their implications for U.S. national security. The Subcommittee began to focus on the issue of how the U.S. should respond to Soviet treaty violations, and will continue to study this issue next year.

The meetings of the Subcommittee on Preparedness concentrated on the readiness of the United States 'military capability.

The readiness review was conducted in conjunction with the oversight of the operation and maintenance and ammunition portions of the DOD budget request. In making recommendations on the level of DOD authoiizations for these two areas of the budget, military capability was also examined. Specific areas of the concern upon which this subcommittee focused during 1985 were: the incr<'asing O\'erhead costs involved in supporting the expanded defense buildup; the shortfalls in amnmnition stockpiles and production base; procedures for estimating current and future O&M funding requirements. trends in military capability;. force readiness and force sustainability; and review of potentia.! cases of waste and abuse in the accounts under the responsibility of the Preparedness Subcommittee.

Then~ were 8 hearings of the Subcommittee on Sea Power and Force Projection in 1985. The full Committee was also briefed in January on the Navy's "Forward Ma.ritime Strategy." During February and March, the Sea Power and Force Projection Subcommittee held additional hearings beginning with a classified uEsessment of the current global maritime threat to U.S. interests.

Subsequent hearings addressed such issues as the Navy's global commitments, the U.S. fleets· readiness and sustainability, and the ·Air Force airlift program. The subcommittee a1so held a hearing on October to con· sider Senate Bill S. 535. the "Nationr,l Shipbui:ding Industrial Base Act of 1935."

In the 15 meetings of the Subcommittee on ~:Ianpowcr and Personnel, the Committee embarked upon a course to make more efficient use of compensation funds. The committee recommended that military retirement be restructured so that more com· pensation would be avaiiable for use during acti\·e duty careers. Specific legislation to effectuate these changes will be considered by the Committee early in 1936. At the same time, the Committee took action to improve a number of special and incentive pays and to impro\·e the quaiity of life for military personnel. The Committee also conducted a number of hearings on the military health care system. and continues to ·.vork with the Department of Defense in the formulation of programs which will improve that system's ability to provide top quality health care to military personnel and their families.

The Defense Acquisidon Policy Subcommittee held tEn hearings in a 1985 on de· fense acquisition issues. The fir.st two hearings, on January 30 and FebmRry 20, were devoted to receiving testimony on the strengths and weaknesses of the .defense ac· quisition system from defense indu;;try ex· ecuti\·es and procurement experts. Four Rd· diticnal hearings in March addressed the issues of increasing the professionalism of the acquisition \l'orkfo;-ce. the audit practices of the Departmer:t of Defense. the emplonnent of forme< DOD acquisition per·

sonnel and the cost estimating procedures used by the Department of Defense. Finally, the Subcommittee held four oversight hearings during October and November on the implementation of the 1984 defense acquisition legislation.

The Subcommitee on Military Construction analyzed the Fiscal Year 1986 Military Construction Authorization Bill, which. as enacted, authorized $9.2 billion to replace outmoded and dilapidated operations, maintenance and training facilities as well as much needed family housing. Construction in support of new weapons as well as new missions accounted for $3.5 bi!Eon of the total. This year the Congress also passed legislation making it easier to close down unneeded and inefficient military bases and legislation promoting innovative alternative financing methods.

In May 1985, Senator Goldwater and Sen· ator Nunn formed a Task Force on Defense Organization to focus the work of the Armed Services Committee on the organization and decision-making procedures of the Department of Defense and the Congress.

The Task Force is co-chaired by Senator Goldwater and Senator Nunn and consists of Senators Cohen, Quayle, Wilson, Gramm, Bingaman. Levin and Kennedy. Almost two years earlier, Senator John Tower and the late Senator Scoop Jackson, directed the Committee staff to prepare a comprehensive study of this complex issue. Under the guidance of the Task For~e. the staff completed and released its study, entitled Defense Organization; The Need for Chang·e. on October 16, 1985.

In November, the Armed Services Committee initiated a lengthy series of hearings on the organization of the Defense Department and the Congress. The Committee held a total of 10 hearings in which it took testimony from 27 witnesses, and expects to consider legislation on this issue early in the second session of the !?9th Congress.

Over the course of the past y.;ar the Committee re\·iewed the qualifications of and made recommendations to the Senate on thirteen Presidential nominees. Among these nominees were Admiral William J. Crowe, Jr. tu be Cha.irman of the Soh:t Chiefs of Staff and John E. Krings to be the Director of Operational Test and Evaluation, a new pe;sition created by Public Law 98-94. The Committee also acted on 52.310 military nomimtions in the Army, Navy, Marine Corps and Air Force. All of the~e nominations '\",'ere confirm~d by the Senate.

SUMMI\RY OF ACTIVITIES OF THE COMMITTEE ON BANKING, HOUSING, AND URBI\N AFFAIRS During the first 5ession of the 99th Con· gress tile Senate Committee on Banking, Housing, and Urban Affairs, under the Chairmanship of Senator Jake Garn <RUtah) continued its efforts to address signif'cant issues raised in the rapidly changing financial services marketplace.

At the end of the 98th Congress the Senate Banking Committee brought together S. 2851, The Financial Services Cornpet.ith'e Equity Act, which passed the Senate 89 to 5, and sent the ps.ssed version on to the House but ended with tile adjo;.ll'nment of the 98th Congress.

The size of the passing margin reflects the pressing need for legislation to continue addressing the competitive issues. consumer protection. and the regulatory issues raised by the constant changes in our financial senices industry.

Chairman Gam says the Senate Banking Committee does not have to start all ov:~r again. Most of The iswes defined in S. 2851 have not changed since the 39 to 5 \'de ll'.st September. Modifications. if any. \Yill be considered.

.s 18305

Members of both Houses consider the deposit insurance reform issue as the priority in the 2nd session and will command detailed attention at the full Committee level. n11rinP' thP l.<t. SP!<sion of the 99th Congress the full Committee and its Subcommittee held a total of 52 days of oversight and legislative hearings, havir:g 289 witnesses testifying and contributing ideas to proposed legislation.

The Senate Banking Committee continued its oversight hearings on monetary policy for the first session of the 99th Con· gre~s in the calendar year of 1985. Two hearings were held, the first on February 20, 1935 and the second on July 16, 1985.

Discussions were centered on Domestic and International economic developments, monetary aggregates, interest rates and velocity. The Committee continued its practice of mviting officials from the regulatory agencks and private economists to assist the members in their deliberations. Reports of the two hearings conducted by the Committee are: Senate Report 99-22, April 2, 1985.

Senate Report 99-149, October 4, 1985.

The 52 days of hearings not only included the deposit insurance reform issue but also 9 days of oversight hearings on the Comprehensive Re.form in the Financial Services Industry, etc.

In view of the fact that no banking legislation passed into law durin~ the 1st session of the 99th Congress, the Stonate and House Banking Committees emphasize that the legislative pace during the 2nd session will pick up around April 1987, with a bill hopefully being signed into law by the President in July 1986.

AcTIVITIES OF THE SuBCO!V!J>.'!ITTEE ON HOUSING .~ND 'URBAN AFFAIRS During the firEt hulf of the 99th Congress the Subcommittee focused its attention on all areas of housing and U!'ban affairs. Every aspect of the issues charged to the Housing Subcommittee was examined in light of the President's budget proposal and the crippling deficits currentiy facing the United Stales.

The full Cornmittee held three hearings: March 22, March 25 and April 15, on housing and urban affai1·s. Numerous representatives of transportation, community development, rural hou~ing, as well as the Secre· tary of EUD and the head of the Office of Management and Budget testified before the Committee.

Under the Budget Reconciliation Act <S. 1730J, four issues 1Nithin the SubconL"Tlittee's area of responsibility were addressed: (1) Section 108 CoiT'~rnunity Development Loan Guarantee Program: This saves the Federal Government $250 million annually, the same result as eradicating the program <the Adninistration 's original proposal). It prohibits the Federal Financing Bank from purcha~ing notes or other obligations guar· an teed under Section 101! of the Corrununity Development Block Grant Program after June 30, 1986, and requires the Secretary of HUD by July 1, 1986, to take the actions nec<OEsary to provide for the financing by the private sector of loans guaranteed under Section 108. It also authorizes $1.279 billion in fiscal year 1!?86 ior Pl.!blic housing operati!1g subsidies.

(2J Rural Housing Authorization: This sec· tion provides that the aggregate princip~J amount of loans that may be guaranteed or insured in fiscal year 1986 may not exceed $2,146,600,000 to be allocated as follows: Sec. E>02 homeov;nership loans $1,209.6 mil· lion: Sec. 515 rental loans $900 milliov: Sec. 514 farmworker housing loans $19 rnillhm;

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CONGRESSIONAL RECORD-~ SENATE

Sec. 524 site loan:; $1 million; and, Sec. 504 repair loans $i 7 million.

Management of Insured and Guaranteed Loans: <al Prohibits rural housing loans made directly by private¡Jenders and insured by the Farmers Home Administration from being so!d to the Federal Financing Bank; (b) Provides that each insured or guaranteed loan contain an agreement by FmHA to pay the difference between the interest rate paid by the borrower and the full private market rate of interests. <cl Provides for protection of the borrowers' rights by requiring that the loan be assigned to the Secretary in the event of a substantial default but before foreclosure. Congress intends that the FmHA follow the practices of private mortgage bankers and lenders with regard to defining substantial defaults and that the full forebearance provisions under existing law be extended to the borrower; (d) Provdes that the rights available to the borrower prior to the enactment of this provision will continue; <el further provides for a loss reserve account of not less than 5 percent of the loans sold to the public and makes other conforming changes in existing law.

(3l Operating Subsidies: The level of funding for public housing operating subsidies for fiscal year 1986 was set at $1.279 billion <the same amount as provided in the HUD Appropriations Act 99-160). <4l Public and Indian Housing Loan Debt Forgiveness: Provides that loans made for public and Indian housing, as well as modernization assistance, will be forgiven at the end of each fiscal year. It also gives direction for the use of the budget authority in the HUD Independent Appropriations Act of 1986, P.L. 99-160, which provides funds for new public housing development and modernization on the basis of long-term financing through sales of tax-exempt securities issued by public housing authorities.

The conferees action in meeting the reconciliation directive concerning public housing debt forgiveness leaves open the possibility that if tax-exempt financing is not possible in the future the financing mechanism provided for in this section will be used. if this approach is used the conferees intend that any budget authority not needed to fund the 7,000 additional public and Indian housIng units or provide the level of modernization activity assumed by the Appropriations Committee will be rescinded.

These nratters were settled when the Budget Reconciliation Act was voted on and passed, December 19, 1985.

Many of the Federal Housing Act mortgage programs, Home Mortgage Disclosure Act, crime and flood insurance programs, and entitlement conununities were scheduled to, and did expire on September 30, 1985. The Senate voted on a temporary extension of these programs on October 20 to extend through Noâ&#x20AC;˘1ember throught November 14 and 15. When that extension ran out, the Senate once again extended the same programs through December 15 and 16.

A third proposal to extend these programs through March 17, 1986 was voted and passed on December 19, along with the other requirements under the Budget Reconciliation.

The Subcommittee did not consider any Presidential nominations. Any nominations considered were taken up by the full Committee on Banking, Housing and Urban Affairs.

SUBCOMMITTEE ON INTERJS'ATIONAL FINANCE AND MONETARY POLICY REAUTHORIZATION AND AMENDME."iT OF THE EXPORT ADMINISTRATION ACT OF 19i9

Authorities under the Export Administration Act of 1979 expired on March 30, 1984.

The Committee gave priority to enactment of reauthorization legislation early in this session. On July 12, 1985, the President signed Public Law 99-64, renewing authorities under the EAA through September 30, 1989 and making numerous amendments to the Act. These amendments would .significantly tighten up the enforcement of national security export controls, improve the organization among Government agencies for administering and enforcing export controls, remove outdated controls, streamline the processing of export license applications, and provide greater predictability to export administration, thereby promoting the reliability of U.S. exporters.

The legislation adopted reflected work begun in the 98th Congress but which was still in conference at the time of sine-die adjournment in 1984. These amendments represent the most extensive revision of our export control laws since the adoption of the Export Control Act of 1948.

ANTI-APARTHEID ACT OF 1995

One of the first items of business before the subcommittee was consideration of legislative options to address the growing problem of apartheid in South Africa. One hearing was held in the full com..'Ilittee, on April 16, and two hearings were held in the Subcommittee on International Finance and Monetary Policy, on May 24 and June 13.

Legislation reported by the Committee on Foreign Relations and adopted by the Senate, and the imposition of sanctions against the Government of South Africa by President Reagan, made further action by the Committee during the Session unnecessary.

LENDING TO SOVIET BLOC COUNTRIES

The dramatic resumption of private bank lending to the Soviet Union and its alliestotaling approximately $1.7 billion loaned or syndicated by U.S. banks in 1985-and the lack of non-emergency authority for the President to regulate such lending prompted Senators Gam, Proxroire, D'Amato, Mattingly, and Hecht to sponsor S. 812, the Financial Export Control Act. This bill, introduced on March 28, would amend the Export Administration Act of 1979 to give the President discretionary authority to control the making of loans and other transfers of capital to the countries to which exports are prohibited for national security purposes under the Act. Tv1o hearings were held on the legislation in the Full Committee, on September 26 and December 4, with further action to be taken in the Second Session.

MIXED CREDIT WARCHEST

Significant progress has been achieved in recent years to limit official export credits as elements in international export competition. One area where progress has not been seen is in efforts to eliminate the practice of promoting export sales by offering credits witll very concessional terms, made pssible by mixing foreign aid grant money with the official export credit. As competition has been regulated in other areas , of official export credits recourse to mixed credits has increased. The UrJted States, which traditionally has offered very few mixed credits, has failed to obtain progress in negotia,tions on mixed credits within the Organization for Economic Cooperation and Development <OECDl. France, Italy, and Belgium in particular have opposed efforts to raise the minimum allowable grant element in mixed credits, which would make tt1em truly foreign aid and too expensive to be used as a tool for cornmercial purposes.

In September President Reagan adopted an approach to this problem that had been proposed in legislation by Members of the

December 20, 1985

Committee as early as the 97th Congress.

The President submitted legislation to the Congress that would authorize the creatio;:1 of a $300 million warchest to allow the United States to combat mixed credit offers by initiating a temporary mixed credit program of our own.

The legislation was introduced on October 10 by Committee Members Heinz. Gam, and Dixon, as weir' as by Senators Danforth and Chafee. A hearing was held on October 30. in the Subcommittee on International Finance and Monetary Policy. Further action is expected early in the Second Session.

EXPORT-IMPORT BANK PROGRAMS

On February 5, the Subcommittee on International Finance and Monetary Policy held an oversight hearing on the programs of the Export-Import Bank. The President's FY 1986 budget submission had called for the elimination of the Bank's direct loan programs, replacing them with an interest subsidy program. Witnesses in the hearing focused on this proposal in particular. No action was taken on the proposal during the Session, the Congress choosing instead to continue with the Bank's direct loan program, thought at a level less than one-third of the authorization for fiscal year 1985.

EXCHANGE RATE MISALIGNMENT

The Subcommittee on International .Finance and Monetary Policy conducted a hearing on October 23 on the exchange value of the dollar, the causes of its high value, the consequences for U.S. trade, and proposals for addressing the identified problems. The United States is experiencing record trade deficits, caused in large part by a high value of the dollar that acts as a tax on U.S. exports and as a subsidy for imports. This erosion in our international competitive position jeopardizes the industries with a major dependency on export sales, among which are industries important to our national security and defense production.

Legislation was introduced <S. 1860, and S. 1866) on November 20, which would support the steps undertaken by the Administration to enhance coordin~.tion of macroeconomic policies by the major industrial countries and also encourage coordinated intervention by these countries in the foreign exchange markets. That legislation will be taken up in the Second Session.

JAPANESE TARGETING OF U.S. SEMICONDUCTOR INDUSTRY

The United States semiconductor manufacturing industry is in the midst of a major recession. The Subcommittee on International Finance and Monetary Policy held a hearing to review allegations that this business decline was due in large part to unfair Japanese trade practices, both in terms of closed access to the Japanese domestic market for U.S. producers and in tenns of unfair marketing practices by Japanese companies in the U.S. market. Substantial evidence was presented to substantiate these claims, and a strong record was established.

In a related step, the Commerce Department announced on December 6 that it was self-initiating an anti-dumping investigation on 256K Dynamic Random Access Memory Components (DRAMsl from Japan, which situation had been discussed in detail in the Subcommittee hearing.

SUBCOMMITTEE ON SECURITIES IMPACT OF CORPORATE TAKEOVERS

One of the first items of business befor~ the subcommittee was consideration of legislation to halt corporate raiders resort to coercive and unfair tactics in takeover attempts.

December 20, 1985

s 18307

CONGRESSIONAL RECORD- SENATE overPublic Law 99-185: S. 1639.-To provide SUMM.\RY

The subcommittee held 4 days of sight hearings with Chairman D'Amato presiding and with a distinguished group of witnesses that appeared for these hearings, helped to indicate the magnitude of these problems and suggested ways that can better protect hostile takeovers.

REGULATION OF GOVERNMENT SECURITIES

On May 9, 1985 Senator D'Amat.o called to order a hearing to consider legisiation on the recent problems associated with auditing practices and accounting standards of the Government securities market. The current problems include customer education possible changes in accounting practices, as well as a regula:tory scheme to require registration and changes in standards fer capital adequacy in dealer practices.

REAUTHORIZATIONS FOR THE SECURITIES AND EXCHANGE COMMISSION, 1986-83

On April 17. 1985, Senator D' Amato chaired a hearing to consider the SEC request for reauthori;~ation for fiscal years 1986-83.

Tile second purpose of the hearing was to use it as a forum to explore some of the recent problems associated with Lhe Government securities market such :c.s the series of failures in the unregulated Government securities market.

S. 919 was introduced by Senator D'Amato to help prevent bankruptcies and save the depositors confidence in the securities market. Legislation is still pending.

THE SHAREHOLDER COMiv!UNICATION ACT OF 1985-S. 918

S. 918 passed the Senate on December 18, 1985. this legislation that invests the Securities and Exchange Commission with the authority to promulgate rules regarding the dissemination of proxy materials to shareholders whose shares are held in certain trust accounts by bonus and other financial institutions. Prior to the enactment of this legislation. the SEC did not have the authority to promulgate regulations in this area that applied to banks. The House passed identical legislation (H.R. 1603) this surr1mer. l'.MENDMENT TO THE PUBLIC UTILITY HOLDING COMPANY ACT-S. 727

S. 727 exempts three nataral gas companies from the provisions of PUHCA by allowing them to engage in cogeneration activities. This legislation was needed to real· ize tl1e legisltive intent of the Public Uti1ties Regulatory Policy Act. The Senate passed S. 727 in November and identical legislation was passed by the House in December.

Bills introduced and referred to the Committee totaled 235 with 12 being reported out of the committee and 7 becoming public law as of December 19. 1985.

PUBLIC LAWS Ei'ifACTED IN THE FIRST SESSION OF THE 99TH CONGRESS

Public Law 9.9-4: H.R. 1251.-Ma.>S Transportation projects for fisca.l years 1984 -and 1985 enacted March 13. 1985.

Public L~.w 99-61: H.R. 47.-Coin co;nmemoration of the centennial of the Statue of Liberty enacted July 9. 1935.

Public Law 99-64: S. 883.-To extend the Export Administration Act of 1979 enacted July 12. 19e5.

Public Law 99-86: H.J. Res. 251.-Enacted August 9. 1985. Gold medal honoring George Gershwin.

Public ·Law 99-120: H.J. Res. 393.-Enacted October 8. 1985. To provide for temporary extension of certain programs relating to housing and community development.

Public Law 99-156: H.J. Res. 449.-Enacted November 15, 1985. To provide for the temporary extension of certain programs re· lating to housing community development.

for the minting of four gold bullion coins enacted December 17, 1985.

SUMMARY OF THE ACTIVITIES OF THE COMMITTEE ON THE BUDGET

The Budget Committee faced perhaps the most difficult challenges of any committee in the Senate. If we have the will to follow through on our 1985 achievements, 1985 may prov-e to the yeP"r that launched the final assault on our number one domestic problem: the Federal budget deficit.

As early as January, Senator Domenici began working with the leadership in establishing the budget deficit as the top priority for the 99th Congress. We introduced S. 1, which set firm deficit goals for the Congress, getting the budget deficit down to 2% of GNP by 1988. That legislative proposal laid the groundwork for the extended negotiations over the 1986 budget-including the submission of the President's budget, the development of a Senate budget, and very detailed discussions with our com:nittee chairman about how we could achieve our budget targets.

In May of this year. by a one-vote margin the Senate agreed to a very tough-but realistic-budget that would i1ave met our deficit goals with real spending cuts. That budget would have terminated many programs and put real restraint on entitlements, as well as restraining defense and other discretionary spending.

There is no point at this late date in lamenting the Senate budget of last spring.

Many members remain disappointed that we could not reach agreement with the House and the Wl1ite House on the ki:r.d of deficit-reduction plan we needed. But the Senate showed courage and determination in· tackling the budget issue.

The disappointment of our first try at the budget was not the last word for 1985. In consultation with the leadership, the Senate conferees on the budget decided to go for whatever savings we could get out of the budget process. In so doing, the Senate produced the largest reconciliation bill in history. The savings in that bill were reduced by the conference agreement we passed today, but that does not diminish the magnitude of the Ser.ate's achievement.

F'OLLOWING THROUGH

We also followed through on the budgetat times with considerable difficulty, be· cause the role of the Budget Committee necessarily generates friction with other Memb<.;rs-by working to ensure that the appropriations bill came in line with the budget targets we set for ourseives. The large majority of the appropriations measures we have passed have been kept within the budget targets because of the work of the Budget Committee and with the cooperation of our colieagues.

Finally. the Budget Committee played an important role in setting the stage for a major deficit reduction effort over the next 5 years. The Budget Committee gave critieal advice and counsel in developing and refining the Gramm-Rudma.n·Hollings deficit ·control measure, a!ld in working with the Finance Committee to secure agreement with our House colleagues on this important reform of the way we do our budget business.

Whatever happens from this point, it is gratifying to note that, despite the ups and downs we have seen on the budget this year, \;;e have ended up very close to our original budget goais. The mandatNy deficit targets of GraiT'Jn-Rudman-Hollings will being us essentially to the deficit targets we set at the beginning of the year. Following through to meet those targets is the challen::;e of 1986.

OF THE ACTIVITY OF 1HE COMli!If· TEE ON Co;vfMERCE. SCIENCE, A~-lD T:HA!-iS?O?.· TATION FO?-. THE 1ST SZSS[ON CF THE 99TH CoNGil.ESS

Du!ing the 1st Session of tlle 99th Con· gress a total of 139 S0na.te Bills and ResoJu. tions. 4 amendments and 14 Hou.se passed measures were referred to th€ Committee on Commerce for consideration.

The Committee has reported 34 different measures. Ten bave become public lrt.W. One bill is in Cf)nftrence. Ten neazures hal'e pa,ssed the Senate fi.nd E\V?..it House r;,ction.

T\.!\:eh·e bills rep.;:;:rted out of Comn1lttee remain on U1e Senate ca·ten:--h:;,r awaHing Senate Con~iderRtioB. Several bills reported or passed \\"ill be part of the report on Budget Recor:cilia.tior;.

The Con-un!~tce held. 26 day.s of hearings on legislation ;·eferred to the Corpmittee and 70 days of hearings were !!1 connection with the Cotnrttitlee·s nven;~ght responsibil· ities and on Presidentjo.l no1ninations before the Committee.

A tot.al of 30 non1ina.tions. C:Xi.-:luding rou~ tine National Oceanic and Atmospl;eric Administration ::..nd Coast Gur:rd norninat.io!"ls. were referred to the Committt•e in the 1st Session of the 99th Coi'lgress. Twlonty-seven of these 1;10n1.inaiions \Ven~ reportl~d out of the Coinlnitt.:.e and twenty-six ;vere cor:firn1ed by the Senate; one noro.inat.ion re· mains pending on the Sen!l.t.e C3.lendar.

The Corn.Inittee heid 13 days of markup sessions to consider and report out matters within its jurisdiction.

A co1nplete listing of tile Co~H11erce Con1mittee's activities foHows: PUBLIC LA\VS ENACTED DURING THE 1ST SESSION

OF THE 99TH CONGRESS

Public law, billJ da.te: and l-dle.

99-5. H.R. 1093, :March 15, 1985. Pacific Salmon Tre2.ty Act of 19~'5.

99-36, S. 597, May 15, 1985, Technical and Conforming Changes in the Shipping Laws.

99-45, S. 661, March 24, lSS5, George Miiligan Controi Tower.

99-59, S. 413, JlJly 3, 1935. War Risk Insurance Act. 99-62, H.R. 2800, July 11, 1985, Land Remote-Sensing CommercializD-tion Act Reauthorization.

99-73, H.R. 1617, July 29, 1985, NationCJ.l Bureau of Standards Authoriz:;.tion Act for Fiscal Year 1986.

99-97, S. 318, September 26. 1985. Federal Fire Prevention and Control Act .Authorization.

99-105, S. 817, Septernber 30. 1935, National Earthouake Hazards Reduction Act Authoriz2.tion. · 99-159, H.R. 1210, November 22. 1985, Na· tiona! Science Foundation Authorization Act for Fiscal Years 1986 and 1937.

99-170, H.R. 1714, December 10, 1985. National Aeronautics and Space AdminisLration Authorization Act, 1986.

99-171, H.R. 3235, December 10, 1985, Mississippi Technology Transfer Center Act. BILLS IN CONFERENCE

S. 1078 (Federal Ti·ade Commission Act Amendments of 1985>-A bill to amend the Federal Trade Com<·nission Act to provide authorization of appropriations. and for other purposes.

PASSED SENATE AND AWAITING HOUSE ACTION

The following Commerce Cornmittee bill.-; have passed the Senate and are pending in the House of Representatives: S. 63 <In-Flight Medical Emergencies Actl-A bill to encourage the rendering of in-flight emergency care aboard aircraft by requiring the placement of emergency firc;t aid medical supplies and equipment aboard aircraft and by relie-ving appTOpriate per-

s 18308

CONGRESSIONAL RECORD- SENATE

sons of liability for the provision and use of such equipment and supplies.

S. 475 <Motor Vehicle Information and Cost Savings Act Amendmentsl-A bill to amend the Motor Vehicle Information and Cost Savings Act to require certain information to be filed in registering the title of motor vehicles, and for other purposes.

S. 679 <Maritime Appropriation Authorization Act for FY 1986l-A bill to authorize the appropriation of funds for certaln maritime programs for fiscal year 1986.

S. 813 <Pipeline Safety Programs Authorizationl-A bill to atnend the Natural Gas Pipeline Safety Act of 1968 and the Hazard· ous Liquid Pipeline Safety Act of 1979 to authorize appropriations for fiscal years 1986 and 1987, and for other purposes.

S. 990 <National Oceanic and Atmospheric Administration Program Support Authori· zation Actl-A bill to consolidate and authorize program support E.nd certain ocean and coastal programs and functions of the National Oceanic and Atmospheric Administration under the Department of Commerce.

S. 1073 <Japanese Technical Literature Act of 1985)-A bill to amend the Stevenson-Wydler Technology Innovation Act of 1980 for the purpose of improving the availability of Japanese science and engineering literature in the United States, and for other purposes.

S. 1077 <Consumer product Safety Commission Authorization Aet of 1985l-A bill to amend the Consumer Product Safety Act to provide authorization of appropriations for 1985.

S. 1103 <National Oceanic and Atmospheric Administration Atmospheric and Satellite Program Authorization of 19851-A bill to authorize certain atmospheric and satellite programs and functions of the National Oceanic and Atmospheric Administration. and for other purposes.

S. 1574 <Comprehensive Smokeless Tobacco and Health Education Act of 1985l-A bill to provide for public education concerning the health consequences of using smokeless tobacco products.

H.R. 2796 <Foreign Air Travel Security Act of 1985l-A bill to improve security standards for international air transporta· tion.

PENDING ON SENATE CALENDAR

The following Commerce Committee measures were reported out of Committee and are pending on the Senate Calendar at the end of the 1st Session· of the 99th Congress: S. 259 <Professional Sports Community Protection Act of 1985l-A bill to protect the public interest in stable relationships among commm1ities, professional sports teams and leagues and in the successful opemt.!cn of such terms in communities througl;.out the Nation, and for other pur· poses.

S. 374 <U.S. Travel and Tourism Administmtion Authorizationl-A bill to provide authorization of appropriations for the U.S. Travel and Tourism Administration.

S. 638 CComail Sale AliJcndments Act of 1985l-A bill to amend the Regional Rail Reorganization Act of 1973 to provide for the transfer of ownership of the Consolidated Rail Corporation to the private sector, and other purposes.

S. 863 CNatiomtl Highway Traffic Safety Administration Authorization Act of 1985)A bill to amend the National Traffic and Motor Vehicle Safety Act of 1966 and the Motor Vehicle Information and Cost Savings Act to authorize appropriations for fi~cal years 1986 and 1987. and for other purposes.

S. 958 <Magnuson Fishery Conservation and Managen1ent. Act Rea.uthorizationl-A

bill to provide authorization of appropriations for activities under the Magnuson Fishery Conservation and Management Act. S. 959 <Coastal Zone Management Act Re· authorizationl-A bill to amend the Coastal Zone Management Act of 1972 to provide authorization of appropriations, and for other purposes.

S. 999 <Federal Communications Commission Authorization Act of 1985l-A bill to amend the Communications Act of 1934 to provide authorization of appropriations for the Federal Communications Commission, and for other purposes.

S. 1017 <Metropolitan Washington Airports Transfer Act of 1985>-A bill to provide for the transfer of the Metropolitan Washington Airports to an independent airport authority.

S. 1079 <National Teleco;nmunicatioris and Information Administration Authorization1-A bill to provide authorization of appropriation!> for activities of the National Telecommunications and Information Ad· ministration.

S. 1084 <Corporation for Public Broadcasting Authorization Act of 19851-A bill to authorize appropriations of funds for activities of the Corporation for Public Broadcasting, and for other purposes.

S. 1097 <Methanol and Ethanol Vehicle Incentives Act of 1985l-A bill to amend the Motor Vehicle Information and Cost Savings Act to provide for the appropriate treatment of methanol.

S. 1218 (International Air Transportation Protection Act of 1985l-A bill to amend the Federal Aviation Act of 1958 to provide for the revocation of certain certificates for air transportation, and for other purposes.

COMI\!ITTEE HEARINGS

Full committee !also includes National Ocean Policy Study [NOPSjJ

S. 259, S. 287-Professional Sports Community Protection Act of 1985 CS. Hrg. 9936).

S. 516-Pacific Salmon Treaty Act of 1985 cs. Hrg. 99-25l.

S. 959-Coastal Zone Management Act Reauthorization and S. 990-National Oceanic and Atmospheric Administration Progr_am Support Authorization Act <S. Hrg. 99-173).

S. Res. 178, S. 1097-Auto Fuel Economy and Methanol Fueled Vehicles.

S. 1097, S. Res. 178-Methanol Fueled Vehicles and Automobile Fuel Economy Standards.

S. 1312-Federal Communications Commission Network Acquisition Approval Act of 1985 <S. Hrg. 99-292).

S. 747, S. 1245, Amendment No. 529 to S. 1245, S. 1386-Magnuson Fisheries Conservation and M3"nagement Act. S. 1310-Clean Campaign Act of 1935.

Oversight hearing on the use of pelagic driftnets bY Japanese, Korean and Taiwanese fisherman in the Nortl1 Pacific Ocean and their adverse impacts on fish. seabirds and marine mammals.

Oversight hearings on the problem of escalating costs for insurance for commercial fishing vessels.

Aviation

S. 586-Internatlonal Air Route Certifi· cates <S. Hrg. 99-2001.

S. 1218-Internr,tional Air Transportation Protection Act of 1985 <S. Hrg. 99-192).

S. 1321, S. 1326, S. 1343, H.R. 2796-AntiHijacking and Airport Security.

S. 1017, S. 1110-'l'ramfer of National and Dulles Airports.

Oversight hearing on airline computer reservation systems <CRSl. O\·ersight hearing on international airport security and teiTorism.

December 20, 1985

Oversight hearing on aviation safety, and the Federal Aviation Administration's <FAA> efforts to improve it.

Oversight hearing on safety issues in the regional airline industry.

Oversight hearing on aviation labor issues.

Bus-iness, Trade, and Tourism

S. 193, S. 374-U.S. Travel and Tourism Administration Authorization <S. Hrg. 99951.

Oversight hearing on the promotion of domestic tourism.

Oversight hearing to examine the aqtilability and affordability of insura.nce in ,·arious property and casualty lines.

Communications

Oversight hearing on the issue of explicit rock music and proposals that sound recordings be rated or labeled to inform consumers of potentially objectionable content.

The Communications and Sicence Subcommittees held a joint oversight hearing on the results of the first of two World Administrative Radio Conferences on use of the geostationary satellite orbit for radio communications.

Consumer

On March 21, 1985, the Subcommittee on Consumer held a hearing on S. 100, the Product Liability Act. A motion to report this measure was defeated at a Commerce Committee executive session on May 16.

1985, by a vote of 8-8. On June 18 and June 25, 1985, the Subcommittee on Consumer held hearings on amendments to S. 100 that had been introduced by Senator Dodd and Senator Gorton. Subsequently, at the directio.n of the Chairman of the Commerce Committee, Senator Danforth, the Subcommittee staff prepared a working draft of product liability reform legislation. This staff draft was released for public comment on July 15, 1985. After review of the comments received from the public, a second staff working draft was released for com· menton November 27. 1935.

Merchant Marine

S. 679-Maritime Administration Autllori·

zation and FMC Authorization and S. 102Construction of Differential Subsidy i\u· thorization. {S. Hrg. 99-80).

S. 664-Competitiveness of U.S. Agricultural Exports (S. Hrg. 99-269).

S. 1461-Docurnentation of Ce1·tain U.S.· flag Vessels Act. S. 1832. S. 1833-Establishment of M,~r­ chant Ship Revolving Fund Act. Science, Technology and Space

S. 240. S. 1433. H.R. 2095-Exten;:;ion

o[

D::tylight Saving Time.

The oversight hearings on the effect of new technologies on economic. competith·eness.

Over~ight hearing on the earthquake in Mexico and its implications for our domestic Earthquake Hazards Reduction Program.

Oversight hearing on the stale of the satellite insurance industr'y.

Oversight hearing on the commercialization of the Landsat earth remote sensinJ! system.

Surface Transportation

Three oversight hearings on trucking dcregulation.

Oversight hearing on Motor Carrier Safety Act of 1984.

Two oversight hearings on the Stac:gt>rs Rail Act.

December 20, 1985

In addition. the Committee published one committee print dealing with the Committee's rules. membership and jurisdiction.

(James A. McClure, Chairman) During the 1st Session of the 99th Congress a total of 177 biils and resolutions were referred for consideration to the Senate Committee on Energy 2nd NP.tural Resources (129 Senate bills. 3 Senate REsolutions, 19 Senate Joint Resolutions, 29 House bills, and 6 Ho•.1se Joint Resolutions).

Three over bills and resolutions under the Committee's jurisdiction were conside1ed and passed by the Senate without Committee rderral. The Commil.t.ee reported a total of 21 measures to the Senate. An additional measure has been ordered reported by Committee, but no written report has been filed to date.

The Cori1mittee held 64 days of public hearings (inducting 9 field hearings) during the 1st Session of the 99th Congress. These heE.rings encompassed 33 days of oversight hearings, 19 days of legislative hearings, and 12 days of hearings on nominations. The Committee also held 24 business meetings and one conference.

Twenty-two measures within the Committee's jurisdiction Passed the Senate, and of these, the Congress enacted five public laws.

In addition, there are six measures awaiting the President's sigilature . .Some five other measm·es reported by the Committee were ·pending on the Senate Calenc!ar.

During the 1st Session of the 99th Congres>, the Committee on Energy and Natural Resources conducted 33 days of oversight hearings on a variety of issues pertinent to the jurisdiction of the Committee.

OVERSIGHT ,ACTIVITIES

Budget o&ersight

The full Committee conducted three days of hearings on the President's proposed budgets for the Departments of the Interior and Energy, the Synthetic Fuels Corporation, the U.S. Forest Service, and the Federal Energy Regulatory Commission for fiscal year 1986. In addition, the Subcommittee on Energy Hesearch al'.d Development conducted five days of hearings on the Department of Energy Research and Development Programs. Following this review of the proposed budgets, the Committee filed its report to the Senate Budget Com..-nittee.

The report set forth the anticipated legislative program of the Comrnittee for the First Session of the 99th Congress and reflected the Committee's concern regarding the Budget Committee's assignment of committee jurisdiction, specifically over activities, including cor..struction, on the national forest system lsnds created from the public donr.in.

On September 26, 19S5, the Committee, in accordance v,ith S. Con Res. 32, the First Budget P.esolution for Fiscal Year 1986, reported the legislative reconunendations necMeasures enacted into la.w essary to comply with its reconciliation in>;.;<:·1k Law 99-24 (8. 781 l Amends the Bio- structions. The SE.Vings exceeded the Comc,a.'T EnErgy and Alcohoi Fuels Act of 1980 mittee's targets in its reconciliation instructc e::tend through September 30, 1985, all tion for fiscal year 1986 by $575 million in conwtional commitments for loan guaran- budget authority and $516 million in outte;c, which were in existence on September lays. In addition, the savings exceeded the ~tJ:·, i&B:4 targets .for the aggregate 3-year period of Public law 99-58 <H.R. 1699> Energy fiscal years 1986 to 1989 by $550 million in Policy and Conservation Amendments Act budget authority &ctd $476 million in outlays of 1985 The recomrne.ndations of the Committee Public Law 99-68 (H.R. 1373> Designates were consistent with the assumptions in the the Wilderne3S in the Point Reyes National Budget Resolution in two areas. First, the Seashore in California as the Phillip Burton Committee suggested achieved savings in Wilde;-ness DOE's Strategic Petroleum Reserve pro..'t~!C Law 99-96 rs. 444) Alaska Native gram by reducing the minimum average ..:·lc ':T.' Settlement Act Amendment. annual fill-rate from 159,000 to 35,000 bE.rP~,':;:ic Law 99-110 CH.J. Res. 299) Recogrels per day. Second, the recommendations niz:o:.g the accomplishments over the past 50 of the Committee included legislation to :; 2~.~~ resulting from the pasEage of the Hissettle the legal dispute between the Pederal tcrlc :..;:~es Act of 19350 Government and several States regarding the disposition of escrowed revenues from Norn.inations During the 1st Session of the 99th Con- the 8(g) zone of the Outer Continental gress, 26 nominations were submitted by Shelf. In the midst of considering t!i\s legisPresident Reagan and referred to the Com: lative proposal. the Committee schtcduled a mittee. Of these, 21 were reported favorably hearing to receive testimony regarding this by the full Committee, and 22 were con- 8(g) issue. Secretary of the Interior Donald P. Hodel and Governor Mark V/hite of firmed by the Senate.

Texas appeared. As assumed In its re('oneiliPresidential messa.ges ation instruction. the recommendation of Fifteen Presidential meEsages were trans- the Committee distributed 27 percent of mited to the Committee durh'::.g the 1st Se~· .such bonuses and rents to the affeded sion of the 99th Congress deal1Eg wich a \'3· States as well as intere~t accrued thE~con. riety of subjects within the Cc,mmitt."e'E ju~ The Committ~e recom.l'nendc.tion also inrisdiction. cluded the disposition of other OCS revenues in dispute. specifically, royaltl.-,s. t-oth E:1·ecutive commurzicafious The Committee received a tctal of 195 Ex- retrospectively and prospectively.

In addition, the recommendations of !-he eccltive communications transmitting legis· lative recommendations and relating- tc tt:e Comn1ittee achieved savings in budret au· th-ority and outlays in two area.~ not asCommittee's oversight respf)::.sil.)U ;! h~s. sumed in its reconciliation in~truction.. Firr,r.

Reports and publicatioas the Committee suggested an auU:o:-t:at.ien During the 1st Session of the 99d1 Con- for the Department of Energy's uran1•.1m en~ gress the full Committee filed 21 S~Cnate He- richment program, requiring the program t0 ports on measures reported by tl;e Comm;t- operate at no addition cost to the TJ>':iGury. tee.

Second, the Committee achieved sa\ir:~s in The Committee also published 23 hec.ring the DOE energy conEervation progra;:;_s by records. Five of these dealt with PresideE- authorizing Federal agencies to el:!ter in•o tial appointees, and the remaining 18 pubii- certain contracts for energy efficiency im~ cations provided background material perti- pro\'ements in Federal buildings. Under nent to the Committee's legislative activities such co:-~tract.s the contractors will be paid hom money saved as a result of the energy and oversight re~ponsibilities.

0

s 18309

CONGRESSIONAL RECORD- SENATE

SUMMARY OF THE AcTIVITIES OF THE COMMIT· TEE ON ENERGY AND NAT'URAL RESOURCES DURING TP.:E FIRST SESSION OF THE 99TH CONGRESS

Fllt!s

ment on the Senate floor.

The Committee did not report a legislative proposal regarding FERC fees and annual charges as assumed in its reconciliation LTlstruction. We were able to achieve the instructed savings without need for such legislation.

In conference on the reconciliation measure, the Senate receded to a House provision terminating the United States Synthetic Fuels Corporation. The conference agreement provides for (1) termination of the authority of the SFC to award financial assist~ ance as of the date of enactment; <2> termination of the Board of Directors of the SFC within 60 days after enactment of this Act; and <3> tmnsfer within 120 days of enactment of this Act. the duties and responsibilities of the SFC to the Secretary of the Treasury in accordance with subtitle J of title I of the Energy Security Act. Archeological and paleontological. sites

The Subcommittee on Public Lands, Reserved Water and Resource Conservation held a field hearing (1 day) in Albuquerque, New Mexico on the Preservation of Archeological and Paleontological Sites and Objects. · Coal imports

The Committee held a lJearing on the impact of coal imports on the domestic coal industry. The hearing was precipitated by the signing of contracts with Columbia for 500,000 tons of coal per Year for power generation. The threat was perceived to be twofold-displacement of domestic coal production by imports, u.nd the direct loss of employment attributable to imports. The Committee examined the public policy implications of additional coal imports, including trade policy, energy policy, employment policy E.nd transportation policy.

DOE's Nt!ciear ,"rfission Plan

The Subcommittee on Energy Research and Development held a hearing (1 day) on DOE's Mission Plan for the Civilian RaMoactive Waste Management Program. The "Mission Plan" is a comprehensive report which shall provide sufficient information to permit decisions to be made in carrying out the repository program for acceptance of nuclear waste by January 1998. As a result of this hearing, a number of questions garnered from the testimony ·have been submitted to the DOE. It is expected that the answers will provide the departmt;_nt and Congress with the necessary information to insure that the plan addresses all the concerns of those parties most aff.-,cted. The GAO has also been requested to identify early on weaknesses in the program and to address communications between the Etates and the federal goveiTl!Ilent.

IMPACT OF IMPORTED PETROLEUM PRODUCTS ON THE DOMESTIC PETiiOLEUM INDUSTRY

The Subcommittee addressed concerns by major oil companies and independents alike that imports of petroleum products-gasoline in particular-are adversely affecting the domestic refining industry_ and U.S. energy security. These concerns are based on the fact that more than 100 U.S. refineries with a capacity of 2.5 million ba!'rels per day have shut down since 1981, and many

s 18310

CONGRESSIONAL RECORD- SENATE

others are now idle or running at partial capacity.

The hearing addressed <a> trends in U.S. refining capacity; <bl what types of refineries are closing-old and inefficient, or new, efficient refineries; <cl do these closings provide us with any indication as to what we may expect in the future; <dl at what point will a decline of U.S. refinery capacity have material impact on-our energy security; (e) trends in foreign¡ refining ca.pacity, and how much of this is for exports; <fl impact of foreign experts capacity on U.S. refiners; <g) are foreign countries subsidizing petroleum product exports; and Chl what. if anything, should be done to assure the United States an adequate amount of refining capacity, and what would be the costs and benefits of such action.

NATIONAL PARK SERVICE

The Subcommittee on Public Lands. Reserved Water and Resource Conservation held a hearing (1 day> which focused on issues affecting the National Park Service.

First. the Conservation Foundation, a nonprofit environmental research organization, issued a major report on National Parks. Second, a new Director of the National Park Service was appointed in June of 1985 and upon his taking office issued a "12-point plan" for the future of the system. Third, after a legislative impasse with the House over "Park Protection" legislation, the Department of the Interior made a series of recommendations on June 21, 1985, to address the issue of managing lands adjacent to limits of the National Park Service. And fourth, the President's Commission on Outdoor America was expected to be appointed. This commission has the opportunity to use the proceedings of the Subcommittee hearings as a tool in compiling their report where it applies to the National Park Service.

OCS leasing and revenue sharing

The Committee conducted two days of oversight hearings related to Outer Continental Shelf oil and gas leasing. One day was dedicated to leasing moratoria and one to the division of revenues from the Section 8<gl the zone. On leasing, for the past four years, the Department of the Interior has been forbidden from leasing OCS tracts off the California coast by a Congressionally mandated moratoria. The hearing was to discover whether such an agreement was in the national interest. On revenue sharing, under Section 8(gl of the OCSLAA of 1978 states were to receive a "fair and equitable" share of revenues derived from OCS leasing in a zone extending from the boundary of state submerged lands extending three miles into federal submerged lands. The hearing solicited tesLimony on the Committee-proposed distribution formula.

O}fice of Surface Mining permit fees

One day of hearings was dedicated to examining the effects of proposed permit fees by the Office of Surface Mining on the do- mestic coal industry. The Committee reviewed the coal industry's contention that these additional costs would only exacerbate the problems of the already depressed coal market and whether such a charge has public policy implications beyond the collection of fees.

Recreation fees

The Subcommittee on Public Lands, Reserved \Vater and Resource Conservation held a hearing ( 1 day l on Recreation fees as authorized in the Land and Water Conservation Fund Act of 1965, as amended. The purpose of the hearing was to provide an opportunity to examine the matter of increasing the money received by the Federal Government and its park, forest, reservoir

December 20, 1985

and public land areas used for recreation purposes. Because budget recommendations submitted to the CongTess this year placed heavy reliance upon the increase of existing fees and the imposition of new fees upon recreation users as a means of generating additional income. the hearing would serve to prepare etJngress to deal with an Administrative legislative proposal to implement these budget recommendations, should it be forthcoming.

At the end of the first session the Senate had passed a total of 14 of the bills reported by the Committee. It is expected that in the second session the Committee will continue to direct its attention toward completion of much oi the work commenced in the first session.

Stockpile "modernization"

From January through December. 1985 was, indeed, a year of great activity and landmark legislation for the Senate Committee on Finance.

The Committee on Finance played a major role in House Joint Resolution 372, or the Gramm-Rudman-Hollings amendment. as we have come to describe that truly historic piece of legislation.

Just la:st on four

The Full Committee held a hearing <1 day) on the President's Juiy 8 National Defense Stockpile "Moderization" Proposal and its Potential Impact on the Domestic Mining Industry. Chairman McClure addressed two concerns regarding the proposal: <ll The stockpile goals in the President's Tier I which purportedly consists of those materials that would be required during a protracted military conflict, and <2> The reationale behind creating a "Supplemental Reserve'' on Tier II.

SUMMARY OF ACTIVITIES OF THE FINANCE COMMITTEE DURING THE FIRST SESSION OF THE 99TH CONGRESS

Water supply in mid-Atlantic region

The Committee held three days of hearings on water supply issues in the mid-Atlantic states; one in Washington and two field hearings in Ne:111 Jersey. The three major foci: were water availability, water quality and institutional and management issues in each of the States. The hearings were precipitated by the serious drought conditions in the Delaware basin and efforts to mitigate its effects.

SUMMARY OF THE ACTIVITIES OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS DURING THE FIRST SESSION OF THE 99TH CONGRESS

During the fir~t session of the 99th Congress, the Conunittee on Environment and Public Works reported a total of twentyfour bill~ to the Senate. including major legislative initiatives in both the areas of environment and public works. The Committee also reported eleven nominations and conducted 20 days of oversight hearings, including four days of budget hearings on those programs which fall within the jurisdiction of the Committee.

The Committee focused particular attention on several environmental programs. On March 18 the Committee reported the "Superfund Improvement Act of 1985," which was passed by the Senate on October 1.

Major legislation amending the Clean Water Act <S. 1128) and the Safe Drinking Water Act <S. 1241J were also reported and were passed by the Senate.

Legislation prc1¡iding authorizations for programs under the Disaster Relief Act, the John F. Kennedy Center Act. and for the Public Buildings Service of the General Services Administration we~e reported and were passed by the Senate.

In the area of nuclear regulation, the Committee reported. and the Senate passed, authorizations for the Nuclear Regulatory Commission and Legislation for the disposal of low-level nuclear waste.

The Committee also rep01 ted an omnibus water resources development bill <S. 1567) and legislation providing funding for the nation's system of interstate highways.

During the year, the Subcommittee on Regional and Community Development held oversight hearings to review the programs and policies of the Tennessee Valley Authority. The Toxic Substances and Environmental Oversight Subcommittee conducted five da:;s of oversight hearings on ground-water problems in the United States.

The Committee also conducted field hearings on acid rain. exposure to radon gas. endangered species. and highways.

gram tee on Finance.

Additionally, the Committee provided for needed program reforms by adopting more than 70 other proi'isions under the reconciliation act.

In this legislative 12-months. the Committee continued its work on health care fi-

December 20, 1985

CONGRESSIONAL RECORD- SENATE s. Res. over 30 ment Cooperation Act in May 1985; this leg-

nancing issues which directly affect million of our fellow Americans.

While the majority of the Committee's ti1:1e was devoted to budget-related concerns. the Committee also exercised its oversig-ht verogative on progrcun:> within its I:·U:tVi€W.

The Subcom:nittee on Health conducted hc:o..·ings, addressing a wide range of b.ealt,h pe>licy questions. These included: Medicare payments for Graduate Medir.al Etlucation, Medicare paymer,ts for hospitals servir:;g a disproportionate share of poor and elderly patient, the status of Peer Review Organizations, health proraotion and dis· ease prevention. patient abuse and anti· f,·aud i.ogislc.tion, expansion of Medicare ber,eficiary appeal rights, capital payment rdG;-rr., and options for Medicare physician payment reform.

Beyond the activities of the Subcommit· tee on Health. the fuH Committee on Fi· nance conducted two hearings to examine t·calth policy concerns. The first of those dealt with third-party liability for Medicaid recipients and the second examined Medi· care's skilled nursing facility <SNFl benefit.

One the tax front, the Committee on Finance conducted 33 hearings in preparation for its markup of the long·awaited tax reform bill from ·the other body. The distin· guished Senator from Oregon, Mr. Packwood, personally chaired all of these hearings. Between May 9 and October 10, over 350 witnesses from virtually every state in the Union and every segment of society came to air their views on the proposed changes in our tax code.

In <.ddltion to the previously-mentioned tax bills. which have become law after clear· ing the Committee on Finance, the panel also \Hote the revenue component of S. 51, a bill to extend the Comprehensive Environmental Respome. Compensation and Liabil· ity Act of 1930, or Superfund.

While 1985 certainiy was not a slow year in the tax area for the Committee on Fi· nance, it·is a fair understatement to suggest 1936 will be the year of tax for the 20 Mem· bers on that p2.nel.

In the area of income maintenance and Social Security, the Committee on Finance conducted two he~.rings, one reviewing foster care and adoption assistance, and the other reviewing the disinvestment of securities held by the Social Security Trust Funds. e~gi,L

islation was enacted on August 8, 1985 and is the first such authorization bill for for-

eign a.ssistance in four years.

On regional issues, the CorP.mitte;; and sub-cornmittees held extensive hearings on Ce;:;tral Aiherica, particularly on a supplemental authorization to combat terrorism with!n the regior.. It held numerous hearings and rec:o>ived several briefings by the administratian on Middle East arms sales and the role of arms transfers in promoting stability in this volatile region. Several hearings were also held on the Philippines on the difficult political. economic and security problems it faces. Several hearings preceded passage of legislation defining U.S. economic relBJions with South Africa.

In the arms control area, thz CoiP.mittee conducted hearings on U.S. nuclear strategy, the Geneva Summit and on the nuclear agreement with the People's Republic of China.

The Committee and subcommittee also held hearings on a range of subjects pertaining to U.S. trade, regional turmoil, fi· nandng of foreign military sales. interna· tiona! narcotics, embassy security, interna· tiona! terrorism, African famine relief and many other international issues.

The following is a summary of the Com· mittee's workload during the last session: BILLS AND JOINT RESOLUTIONS: REPORTED

S. 457: Sub·Saharan assistance.

S. 684: Internatior.al Bank for Reconstruction & Development, International Finance Corporation and African Developmeni.

Fund.

S. 947: Overseas Private Investment Corpm·ation.

S. 960: Amending Foreign Assistance Act. S. 998: Sanctions against South Africa.

S. &95: Opposition to apartheid in South Afri::;a.

S. 1003: State Department, USIA, BIB, National Endowment for Democracy authorization.

S. 1132: Supplemental appropriations for FY '85 and authorizing appropriations for '86 & '87 for ACDA. S. 1166: Claims against Iran.

S. 1308: Economic assistance for Jordan.

S. 1831: Congressiona.J vetoes of arms export propomls.

S. 1915: Counterterrorism assistance.

S.J. Res. 98: Condemning U.N. Resolution 3379.

S.J. Res. 161: Release of Soviet .Je\very.

S ..J. Res. 177: Internatfo;·,2.l Space Year in 1992.

S.J. Res. 277: Commending Switzerland.

S.J. Res. 238: Nuclear Cooperation Agreement with.China.

S.J. Res. 240: Soviet. inva.:oion and occupation of Afghanistan.

CONCURflEHT RESOLUTIONS AND SIMPLE RESOLUTIONS: REPORTED

session of of he2.rings Foreign C'c:•rr.prehensive policy goalS,

the United

S. Con. Res. 46: Americans missing in Southe::..st Asia.

S. Con. Res. 76: Rights of Polish People.

S. Con. Res. 8Z: Support for Chile's Na· tiona! Accord. s. Con. Res. 37: Rest0ration of democracy in Philippines.

S. Con. Res. 93: Commending Ireland & U.K. regarding peaceful resolution.

S. Res. 68: Congn;.tulating people of Cyprus.

S. Res. 73: Waiving section 102<al of Con· gression:.l Budget Act. S. Res. 80: Authorizing expenditures by Committee on Foreign Relation3.

S. Res. 158: Authorizing printing.

S. Res. 161: Waiving sectio!1 of Congressional Budget Act. ..

S. Res. 185: Emigration from Cuba.

s 18311 227: Worldwide disease immuniza-

tion. s: Res. 237: A.merican concerr.;s with Soviet presence in Afghanista.'1.

S. Res. 244: Authorizing printing.

S. Res. 268: Waiving section of Congres· sional Budget Act. S. Res. 271: Regarding assistance to Liberia. <As of December 18, 1985!

Treaties: Reported and approved (6l: ProtGcols f.:;r further extension of Inter: national Wheat Agreement.

Tax Convention with Italy.

Tax Convention with Cyprus.

Treaty with Can:~.da concerning Pacific salmon.

International Telecommunication Conven· tion and Final Protocol.

Treaties: Reported-not approved (4J: Genocide Convention.

Tax Convention with Denmark.

Protocol to amend 1980 Tax Convention with Denmark.

Tax Agreement with People's Republic qf China.

NOMINATIONS

Referred..................................................

Reported/confinned .............................

Withdra\lril by President......................

Representatives to conferences: Referred...........................................

Confinned ........................................ service promotions:

117 102 1· 14 14

'P-r,,c0'c,N'rvi

SE3S!ON OF THE 99TH CONGRESS

In the first session of the 99th Congre;os, the Senate Governrnental Affairs Cormnit· tee pursued numerous legislative and oversight activities in ll broad range of al'e2.S. The Committee focused its attention on new aspects of fainlliar topics such as go;rern· ment man'l,gement and defense, and initiated ne·•• activities on such subjects as the recommendations of the Grace Commisston.

The first session of the 99th Congress aLso saw the Governmer:tal Affairs Committee at the forefront of a suceessful effort to craft a new supplemental retirement plan for federsl workers hired after Jan nary 1, 1984.

LEGISLATIVE ACTIVITlES

Federal retireme;'!t reform

The "Federal Retirem10nt Reform Act of 1985'' began as S. 1527, introduced on July 30 by Chhirman Roth and Senator St~vens.

The bill establishe~ a comprehensive retirement plan, in conjunction with social security, to cover all federal workers hired after January 1, 1984. In a strong bipartisan effort, S. 1527 wr.s unai'limou:;;ly rep·Jrted by the Goverrunent><l Aff?.irs Committee on Odober 2, 1(185. Upon consideration by the full Sem.te, H.R. 2627 was renorted in lieu of S. 1527 and Gubsequer;tly passed by a vote of 96-1 on November 7, 1[185. At the close of the first sessior; of the 99th Congress, H.R. 2672 is currently in conference committee <>.waiting further action.

Ben£/il3 to farmer Presidents S. 1047 was int.·edt;ced by Senators Roth a:-!d Chiles en May 1, iSe5. Tills legislation, in three parts, provided for reductions in office and staff allowances and Secret Service protection afiardo:d to former Chief Executives. It also established limits and guidelines pertaining to the size and maintenance

s 18312

CONGRESSIONAL RECORD- SENATE

of all future Presidential libraries. On October 2. the Presidential libraries section was reported. with H.R. 1349 inserted in lieu of the Senate bill. The remaining two sections of S. 1047 were ordered reported by the Committee on November 19, 1985.

Program fraud civil remedies

S. 1134, the '"Program Fraud Civil Remedies Act."' is the latest version of legislation which was first initiated by the Governmental Affairs Committee in 1981. The bill provides executive branch agencies with the means to independently pursue set.tlement in cases of false claims and statements entered against the government. S. 1134 allows agencies to utilize administrative law judges for the purposes of regaining revenues lost through false claims. and provides stiff monetary penalties for those found guilty of perpetrating such claims and statements.

1134 was introduced by Senators Roth and Cohen on May 15. The Committee favorably reported the bill on December 10, 1985.

Federal employees health benefits refunds

H.R. 3384, a bill to include federal retirees in the group of individuals eligible for refunds under the Federal Employees Health Benefits Program <FEHBPL was referred to the Governmental Affairs Committee on October l, 1985. The Committee reported _ this measure on December 6, and the Senate passed it on December 19. federal ]7.exitime schedules

H.R. 153.4 was referred to the Goverrl1Tiental Affairs Committee on May 22, 1985. This measure converts the temporary authority to allow federal employees to work on flexible or compressed work schedules to permanent authority. On July 11, the Committee reported H.R. 1534, and the bill passed the Senate on December 11, 1985.

OTHER REFORM MEASURES

Associate Judges of the Superior Court of the District of Columbia; Harold L. Cushenberry Jr., Herbert B. Dixon, Richard A. Levie, Curtis E. Von Kann, Michael L. Rankin.

Commissioners of the Postal Rate Commission: Henrietta F. Guiton. Patti Birge Tyson.

Inspectors General: Paul A. Adams, Department of Housing and Urban Development: William R. Barton, General Services Administration; Bifl D. Colvin. National Aeronautics and Space Administration; James L. Richards, Department of Energy.

Members of the Board of Governors of the U.S. Postal Service: J.H. Tyler McConnell. Robert Setrakian.

OVERSIGHT ACTIVITIES

The Committee undertook a variety of oversight activities during the first session of the 99th Congress. These included hearings on the recommendations of the Gtace Commission. federal retirement reform, infant mortality, non-smokers· rights, and continuing investigations into the deglamorization of drugs and the effect on our nation's youth, money laundering, and U.S. involvement in the United Nations.

CONCLUSION

The Governmental Affairs Committee experienced a slight shift in the emphasis of its activities during the first session of the 99th Congress, with the focus on executive branch nominations and more first-time investigations. During the second session of this Congress, the Committee will continue its efforts in these areas. but it also plans to step up its activities in other oversight areas such as defense, waste and fraud, and management improvement.

Budget reconciliation

In its budget. reconciliation activities during the first session of the 99th Congress, the Governmental Affairs Committee was mandated to derive $12.6 billion in savings over the next three fiscal years. When the Committee reported its recommendations on October 2, the total savings in the Committee package totaled $13.2 billion over three ·years. The major areas from which these savings were achieved included a federal employee pay freeze for fiscal year 1986 and reforms in the postal subsidies program. The Committee also reported recommendations for improvements in civilian contracting practices through multi-year contract agreements. After the conference agreement, the total savings from the Com-, mittee's budget reconciliation activities was $12.5 billion over the next three fiscal years.

NOMINATIONS

The Committee received a total of 25 nominations during the first session of the 99th Congress, of which 22 were confirmed hy the Senate. They are as follows: ' Julius Becton, Director of the Federal Emergency 'Management Agency.

Jerry Lee Calhoun, member of the Federal Labor Relations Authority.

Terence C. Golden, Administrator of the General Services Administration.

John N. Griesemer, Governor of the U.S. Postal Service.

Constance J. Horner, Director of the Office of Personnel Management.

James P. McNeill, Associate Director of the Federal Emergency Management Agency.

Barbara Jean Mahone, Chairman of the Special Panel on Appeals.

James C. Miller III. Director of the Office of Management and Budget.

John M. Steadman, Associate Judge, District of Columbia Court of Appeals.

SUMMARY OF AcTIVITIES OF THE SELECT CoMMITTEE ON INDIAN AFFAIRS DURING THE 1ST SESSION OF THE 99TH CONGRESS

In the fi1st session of the 99th Congress 19 bills were referred to the Select Committee on Indian Affairs; 7 Executive Communications were received; and one Presidential nominee was referred. Bills before the Committee included legislation to extend the Indian Health Care Improvement Act of 1976; two bills to amend existing legislation relating to educational programs operated by the Bureau of Indian Affairs; a bill to regulate gaming activities within Indian reservations: a bill to decommercialize and regulate the fish!ng of steel head trout; a bill to· extablish a program for the detection and prevention of alcohol and drug abuse among Indian youth; a bill to resolve clouds on title to certain lands on the White Earth Indian Reservation in the State of Minnesota; a bill toprovide for settlement of wat~r claims of tribes on the Truckee. Carson and Walker Rivers in the State of Nevada; and legislation to provide for the use and distribution of jud~ment funds awarded various Indian tribes in the States of Minnesota, Wisconsin, a.nd Michigan.

Of the 19 bills referred to the Select Committee on Indian Affairs. 11 were reported out of Committee and 9 favorably acted upon by the Senate. Two bills, one amending the Indian Education Act of 1965 and the other providing for the use and distribution of judgment funds awarded the Mdewakanton and Wahpekute Eastern or Mississippi Sioux, have been signed into la.w. The nomination of Ross 0. Swimmer to be As· sistant Secretary of Indian Affairs was reported by the Committee and he was. confirmed by the Senate by unanimous consent.

December 20, 198/i

SUMMARY OF ACTIVITIES OF THE COMMITTEE ON JUDICIARY DURING THE 1ST SESSION OF THE 99TH CoNGRESS

During the 1st Session of the 99th Congress, reflecting the wide variety of subjects within its jurisdiction, the Committee on the Judiciary ·oonsidered, deliberated, and acted upon an impressive array of matters.

Fifty-seven hearings were conducted by the full Committee 'and Subcommittees on legislation .. In- addition, 47 oversight hearings were held. The Committee met in Executive Session on 28 occassions, reporting to the Senate 149 of the Senate and HousP bills and resolutions which had been referred to it.

Again in the 99th Congress, the Committee reported, and the Senate passed by a vote of 69 to 30, the Immigration Reform and Control Act. S. 1200. Still central to the bill are employer sanctions against those who knowingly hire illegal aliens and a legalization program for certain illegal aliens who can demonstrate they have resided in the United States continuously prior to January l, 1980. S. 1200 contains no change in the existing legal immigi'ation system, nor does it deal with immigration asylum procedures. In addition S. 1200 contains a temporary seasonal worker provision ba.sed on the compromise reached by the conference committee in the 99th Congn~ss. The Committee also favorably reported S. 1262, the Refugee Assistance Extention Act of 1985.

In recognition of the problems facing the Nation with regard to the budget deficit, as in the last two Congresses, the Committee reported "balanced budget" constitutional amendment legislation. The two measures reported in this Congress are S.J. Res. 13 and S.J. Res 225, both of which are pending on the Senate calendar.

Another social issue dealt with by the Committee was school prayer. On October 29th, the Committee reported S.J. Res. 2, proposing an amendment to the Constitution of the United States relating to voluntary silent prayer or reflection, to the full Senate. That measure is also pending on the Senate calendar.

Pursuant to the Low-Level Radioactive Waste Policy Act of 1930, seven regional compacts <Southeast, S. 44; ·Northwest, S. 356; Rocky Mountain, S. 442; Central Interstate, S. 655; Central Midwest. S. 802; Midwest, S. 899; and Nort11east S. 1798) were introduced in the 99th Congress. The full Committee held a hearing on three of these measures in March. All seven were reported to the Senate. Since the cut-off date contained in the 1980 Policy is near, these measures were part of a substitute amendment offered to H.R. 1083 and sent back to the Hou~e for approval.

In the area of criminal law, the Committee reported S. 104, to regulate the manufacture and importation of armor-piercing bullets; S. 1437, the "designer drug•· bill; S. 850, the "intoxicated common carrier" bill; and H.R. 3511, the Bank Bribery Amendments Act of 1985. Both S. 1437 and S. 850 have passed the Senate by unanimous consent. In addition. the Committee has ordered reported S. 1236, which would make technical amendments to provisions of theComprehensil'e Crime Control Act of 1934.

That measure will be reported to the Senate during the .2nd Session of this Congress.

Due to the increase in the. number of hijackings and terrorism conducted against Americans abroad, the Committee participated in three days of hearings held jointly with the Committee on Foreign Relations on international terrorism. In addition to the hearings, the Committee reported S. 274, the Nuclear Power Plant Security and Anti·terrorism Act of 1985. and has ordered

December 20, 1985

CONGRESSIONAL RECORD- SENATE

reported S. 1429. the Terrorist Prosecution Act of 1985.

In the area of juvenile issues, the CommitLPe reported S. 1174, to amend the Juvenile Justice and Delinquency Prevention Act of 19·74 to provide States with Rssistance to estal.JE;;h or expand clearinghouses to locate misooing children. and S. 1818, to prevent SeXU3l molestation of chi.ldren in Indian country. Bath of these measures have passed the Senate.

The patent, copyrigbt. and trademark areas we1·e addressed by the Committee with the reporting of S. 1002, to amend the Lanham Act to imoro,·e provisions re1ating to concurrent registrations, and S. 1230, to amend th-e patent laws implementing the Patent Cooperation Treaty.

Holdmg hearings concerning several antitrust issnes. including the sale of Conrail. the vertical re~tmint guidelines of the Justice Department. and treble damage liability. the.CommittH· lw.s apprm·ed for reporting S. 412, the Malt Beverage Int.erbrand Competition Act. In the area of administrative practice and procedure. the Committee reported H.R. 1890, to provide for an equitable waiver in the compromise and collection of Federal cl~.ims. al'Jd has approved for reporting S. 1562. the False Claims Ref:)]"m Act of 1985.

Even though the Committee did not have a sufficient time of referral in which to act, the Committee held two days of bearings on S. 51, the Superfund legislation, and offered a Pli.ckage of amendments on the Senate floor dealing with the right to contribution. pre--enforcement review, and judicial review.

These amendments were adopted and became a part of the final measure adopted by the Senate.

In addition to tlle foregoing, the Committee reported S. 40, the Constitutional Convention Implementation .Act of 1985, S. 86, the Sex Discrimlnation in the United States Code Reform Act. ;;.nd S. 1916, preserving the authority of the Supreme Comt Police.

S. 86 has passed ti1e Ser,ate. The text of S. 1916 was inserted in the House companion measure. H.R. 3914. which now has been approved by both Houses of Congress and will soon become public l:;w. The Commiitee also reported four Fedeml charter bills, two measures amending interstate compacts and two private relief bills.

During the 1st Session of the 99th Congress. the Committee received, and the Senate confirmed 128 executive nominations for the following positions: 22 for U.S. Circuit Judgeships; 62 for U.S. District Court Judgeships; 1 for U.S. Claims Court Judgeship; 1 for International Trade Court Judgeship; 13 for U.S. Attorney; 7 for U.S. Marshal; 1 for Attorney General; 1 for Deputy Attorney General; 1 for Associate Attorney General; 1 for Solicitor General; 5 for Assistant Attorney General: 1 for Administrator. DEA: 7 for membership on the Sentencing Commission <including Chairman); 1 for membership on the Foreign Claims Settlement Commission; 2 for membership on tile Copyright Royalty Tribunal; 1 for Chairman of the Administrative Conference of the United States; and 1 for Commissioner of Patents and Trademarks.

International Labor Organization, nutrition and fitness-and their effects on health promotion and disease pren'ntion, to the impact of 8pace technology on human resources. Fourteen measures referred to the com!-:1ittee for action have ·subse(j•Ient!y been signed into public law. (see attached listl A total of 133 nominations were referred and of these 105 received Senate confirr:utlion. Thirty-one bills under the committee's jurisdiction were approved by the Senate.

Some of the major pieces of legislation to become public law include the Orphan Drug Act Reauthorization, S. 1J.74/P.L.99-91: Nurse Training Reauthorization, S. 1284/ P.!...99-92; Health Pro.fes::;ions Education Reauthorization S. 1283/P.L.99-129; Health Research Extension Act, H.R. 2409/P.L.99158; Walsll-Healy amendment to the DoD authorization. P.L.99-145; Fair Labor Standards Public Employee Overtime Compensation Act, S. 1570/P.L.99-150: and the National Science Foundation Authorization. S. 801/P.L.99-159. <see news releases for description of measures) Significant items reported by the Committee which were approved by the Senate by not yet acted upon by the House (excluding those mentioned above) Primary Care Block Grant/Community Health Centers and Migrant Health Centers. S. 1282; National Health Service Corps Amendments, S. 1235; Adoption Assbtance Amendments of 1935, S. 1628 \incorporated in the Deficit Reduction Act) and the Comprehensive Smokeless Tobacco and Health Educatiml Act, S. 1574.

Major nominations to be acted upon by the Comm.ittee include: William Brock to be Secretary oi Labor; Dr. Everett Koop to be U.S. Surgeon General; WilliRm Bennett to be Secretary of Education: 1985 PUBI.IC LAWS lAS OF DECEMBER 13. !9851

1. S.J. Res. 4/H ..J.Res. 85/P.L. 99-6. Skin Cancer Prevention Week <OGHJ., Page 3. item 1.

2. S. 484/P.L. 99-46. Saccharin Extension Act <OGH>. Page 3, item 2.

3. S. 1174/P.L. 99-91. Orphan Drug Act Reauthorization <OGH/EMKl. Page 3. item

3.

S<r:vr~IARY oF

4. S. 1234/P.L. 99-92. Nurse Training Reauthorization <OGH/EMKl. Page 3, item 4.

5. S. 1283/P.L. 99-29. Health Professions Education Reautlwrization <OGH/EMKl. Page 3, item 5.

6. H.R. 2409/S. 1309/P.L. 99-158. NIH Reauthorization. Page 3, item 6.

7. S.J. Hr:;. 51/P.L. 99-153. National Adoption Weeh P;;>ge 3. item 8.

8. S.J. Res. 36/P.L. 99-2. "National DECA Week'" <Cochran-OGHl. Page 13, Item 1.

9. S.J. Res. 186/P.L. 99-100. "Nationally Historically Black Colleges Week'" <Thurmond/ OGH>. Page 13, Item 2.

10. S.J. Res. 158/P.L. 99-126. "Nation:-.!

Community Colleges Month'" <Murkowski/ OGH>. Page 13, item 3.

11. S.J. Res. 218/H.J. Res. 336/P.L. 99135. Resolution for National Dll.y of Fasting.

Page 19. item 1.

12. S. 1570/P.L. 99-150. Bill to overturn Garcia. Page 19, item 4.

13. P.L. 99-145. \Valsh Healy. Page 19, item 4.

14. S. 80t/P.L. 99-159. NSF Authorization for FY 86. Page 24, item 1.

During the first sess~0n of the NinetyNinth Congress. the Senate Labor and Human Resources Committee has held more than forty hearings on a broad spectrum of issues. The subjects ranged from labor union violence. yomh unemployment. barriers to special needs adoptions. the role of t.!1e United States as a member of the

15. Dr. Everett C. Koop, Surgeon. Public Health Service coi1firmed 11/1/25. Page 14. item 1. · 16. John Erthein. Nation~] Council on Handicapped, confirmed 10/25/85. Page 14. item 2.

17. Francis Hodsoll. Chairman, National Council for the Arts. confirmed 10/28/85.

Page 17. item 5.

AcTIVITIEs oF TEE LABOR AND HUMAN REf>OIJl<CES COMMITTEE DURING THE FIRST SESSJON OF THE 99TH CONGHESS

1985 NOMlNATIONS

s 18313

18. Barbara Taylor. Member, National Commission on Libraries and Information Sciences. confirmed 11/30. Page 18, item 7.

19. Lee Edwards, Member, National Commi:;swn on Lii:Jraries and Information Sc-ie<lces, confirmed 11!30. Page 18, item 7.

20. Frank Gannon. Memb<Or, National Commission on Libraries and Information Sciences. confirmed 11/3ii. Page 18, item 7.

21. Jim Stephens. Member, NLRB, confirmed 10/16. Page 23, item 1.

22. Roger Semerad, Asst. Secretary DoL. confirmed 10/16. Page 23, item 2.

23. Joyce Doyle. Member. MSHA. confirmed 10/25. Page 23, item 3.

2-t. Dennis Whitfield. Under Secy. oi Labor. confirmed 10/25. Page 23. item 4.

25. Dennis Kass. Asst. Secy, for Pensions.

DoL. confirmed 11/14. Page 23, item 7.

26. William Merrell. Asst. Director, N.S.F .. confirmed 10!16. Page 25, item 1.

27. Charles Hosler. N.S.F. Board Member. confirmed 10/16. Page 25, item 1.

28. Craig Black. N.S.F. Board Member. confirmed 10/16. Page 25, item 1.

AWAITING PRESIDENT'S SIGNATURE

29. S.J. Res. 139. National Home Care Week. Page 4, item 9. ,.

30. S.Con. Res. 71, Commemorate lOth Anniversary of P.L. 94-142. Page 3, item 11.

31. S. 1264, National Foundation of Arts & Hum::mitie.s of 1985. Page 13, item 4.

Tl1ose that have passed the Senate from LHR Com1nittee: S.J. Res. 4, Skin Cancer Prevention WeelL S. 484, Saccharin Extension Act. S. 1174, Orphan Drug Act. Reauthorization.

S. 1284, Nurse Training Reauthorization.

S. 1283. Health Profe.ssions Education Reauthmization.

S. 1309, National Institutes of Health Reauthorization.

S. 425, Att.hr:tis Institute <included in S. 1309) S.J. Res. 51, National Adoption Week.

S.J. Res. 139, National Home Care \Veek.

S. 1282, Primary Care Block Grant/Community Health Centers.

S. 1285, National Health Service Corps.

S. 415, Handicapped Children·s Protection Act.

S. 974, Weicker Mental Health Initiati\·e.

S.<T. Res. 147, National Infection Control

w~~

-

S.J. Res. 189, Fetal Alcohol Syndrome Awareness Week.

S.J. Res. 202, American Liver Foundation National Liver Awareness Montl1.

Am. to farm b, Cholesterol/Calcium Studies by USDA. S.J. Res. 36, National DECA \'leek.

S.J. Res. 186, National Historically Black Colleges Week.

S.J. Res. 158, National Community Colleges Month.

S. 1264, National Foundation on the Arts and Humanities Amendr:::ents of 1985.

S.J. Res. 52, National School Library Month.

S.J. Res. 48, Year of the Teacher.

S ..J. Res. 219, National Humanities Week.

S. 1570, To Overturn the Garcia Decision.

Atn. to DOD au. Walsh-Healy. · S.J. Res. 386, Nationai Fast Day. S. 801. NSF Authorization for PY 86.

S. Con. Res. 71. Commemorate lOth Anniversary of PL 94-142.

S. 1628, Adoption Medi~aid Legislation.

S. 1574, Comprehensive Smokeless Tobac· co & Health Education Ad. Significant nominations: Dr .. Everett C. Koop. 1"<1blic Health Service.

John Ert11ein. National Council on Handicapped.

s 18314 Francis

CONGRESSIONAL RECORD- SENATE Council for the

COMMITTEE DURING THE

Conmmss 99th Conand AdminisMcC. Mathe Senate

Subsequently, the Department of Justice was asked to investigate certain questions regarding the nominee's background. The Justice Department had the FBI conduct the investigation, and on November 14, 1985, the Department of Justice submitted the FBI's findings to the Rules Committee.

At a business meeting of the Rules Committee on December 10, 1985, a rollcall vote was taken on a motion to favorably report the nomination of Mr. Kennickell to be Public Printer. The nomination was ordered reported by a vote of 8 to 4.

As of this writing <December 19, 1985), Mr. Kennickell's nomination is pending on the Executive Calendar.

SMITHSONIAN INSTITUTION OVERSIGHT

FEDERAL ELECTION CAMPAIGN ACT OVERSIGHT

in the camthe Federal been introSenate Commit!ls;.ra.l!cm in the first Three of these s. 1072 by Senator for the most the Commithearings in

In exercising its oversight over the Smithsonian Institution, the Rule Committee considered and favorably reported the following measures: S. 583, a bill to authorize renovations to the Cooper-Hewitt Museum in New York City; S. 582, a bill to reauthorize museum suppport activities under the National Museum Act; H.R. 1483, a bill to authorize construction and repair of facilities for the Smithsonian Tropical Research Institute in Panama and the Whipple Observatory in Arizona.

Hearings were held on S. 1311, a bill to authorize the construction of a museum for very large aircraft and spacecraft at Dulles Airport, but no further action was taken.

The committee held hearings on an original measure to authorize new construction at the Freer Gallery of Art. The Committee also CDnsidered and favorably reported the following joint resolution: S.J. Res. 214, reappointing Carlisle Humelsine to be a member of the Smithsonian Board of Regents, and S.J. Res. 215, reappointing William G. Bowen to be a member of the Smithsonian Board of Regents.

LIBRAR' OF CONGRESS OVERSIGHT

also change procedures Commission. Under its provisions, committees receiving and expending funds to draft individuals as candidates w0uld be brought under the limits of the FECA. Senator Boren in biil he introduced Pnfnc•t•s,·n"""'t

1563. Senator and a later version 1806.

S. -1787, Senator finance general on November 5,

background check June 12. 1985. a the nomination. meeting to conCommittee deterinn:stigation into Mr. '"''"klmrmnrl was warranted.

The Chairman and other members of the Rules and Administration Committee conducted an oversight meeting <as Senate members of the Joint Committee on the Library) on the Library of Congress-specifically the plans and progress of the Library with the renovation and restoration of the Jefferson and Adams buildings, construction of the lJcok deacidification facility at Fort Detrick, Maryland, and the Library's printed card. microform. and computerized catalogs-the U.S. Botanic Garden Park, renamed the Frederick Auguste Bartho!di Park, in honor of the sculptor of the park's fountain-and the final plans for the dedication of the Dr. Martin Luther King, Jr., memorial sculpture in the Unit-ed States Capitol.

BROADCAST OF SENATE FLOOR PROCEEDLli[GS

The Committee on Rules and Administration reported favorably Senate Resolution 28 with amendments and recommended that the resolution as amended by agreed to.

S. Res. 28, as reported by the Committee on Rules and Administration. provides for a test period implementation of live, gavel-togavel radio broadcast cm·erage of all proceedings in the Senate Chamber, and a closed circuit test of television coverage cf all proceedings, except, in toth cases. when a clo~ed-door session is ordered. The Architect of the Capitol, the Sergea.nt at Arms and Doorkeeper of the Senate. the Librarian of Congress. the Archivist of the United States. and the Committee on Rules and Administration are given certain specified duties by th..is resolution. Regulations for this co\·erage are also provided, and a sum not to exceed $3,500,000 for the Architect of the Capitol to carry out the purpose;; of this resolution is authorized to be expended from the contingent fund of the Senate.

December 20, 1985 LINE ITEM VETO

Senate Bill 43, which provides that each item of any general or special appropriation bill and any bill or joint resolution making supplemental deficiency, or continuing appropriations that is agreed to by both Houses of Congress in the same form shall be enrolled as a separate bill or joint resolution for presentation to the President, was referred to the Rules and Administration Committee on January 3, 1985. This measure, which was introduced on January 3, 1985, by Senator Mattingly, was co-sponsored by 46 Senators, six of whom, Senators McClure, Helms, Warner, Dole, Stevens, and Garn, are members of the Rules and Administration Committee.

The ~V"""'0'•' on this receiving ce:,:uuuuy from Senator "-'"'01","'"" a.nd telitllcno,ny Senator u<n1n:c1.u Louis Fisher, "'''<"'"''"'" al search of Public land as a terprise stein, AEI H:cs!<:!el1t thias, Ford, and spoke tioning the Statements in favor of the bill were received from Senator Thurmond, Senator Dole, Howard Jarvis <American Tax Reduction Movement>. John C. Datt on behalf of the American Farm Bureau Federation, 13 groups and associations led by the U.S. Chamber of Commerce, and Professor Judith Best of the State University of New York at Cortland. Statements for the Record in opposition to S. 43 were received from Common Cause, the AFL/CIO Executive Council, and the National Council, and the National Council of Conservation Districts. Also received for the. record was a statement from Johnny H. Killian, CRS Specialist in American Public Law, who concluded that the courts would decide the contitutionality of S. 43, if enacted and implemented by the Congress, on the basis of how much power shifted from Congress to the President.

The Rules Committee held a mark-up session on Thursday, June 20, 1985, and voted to report S. 43 unfavorably, without amendments, and with a written report.

The motion to proceed to consideration of S. 43 was debated in the Senate from July 17 to July 24, 1985. After three unsuccessful cloture votes, the motion to proceed was withdrawn on July 24.

SENATE COMMITTEE OVERSIGHT

S. Res. 85 th.e Omnibus Committee Funding Resolution of 1985

The Rules Coinmittee reported annual authorization for the expenditures of the Standing, Select, and Special. Committees of the Senate for the period of March 1, 1985 .. through February 28, 1985, oi $44,878,353.

PRINTING FOR THE SENATE

The Rules Committee reported favorably the following printing resolutions for Senate committees: · S. Res. 30, to authorize the printing of the report entitled "Developments in Aging: 1964" for the Special Committee on Aging: S. Res. 244, authorizing the printing of background information on the Committee on Foreign Relations for that committee; S. Res. 181, authorizing the printing of the report entitled "Highway Bridge Replacement and Rehabilitation Program, Sixth Annual Report to Congress" for the Com-

December 20, 1985

s 18315

CONGRESSIONAL RECORD- SENATE

Demonstrations were arranged and con- SUMMARY OF ACTIVITIES OF THE SENATE SMALL BUSI:ci'ESS COMMITTEE DURING THE ducted In the Wa.shington offices of three 1ST SESSICN OF THE 99TH CONGRESS customers to permit AAs, of.fice man::.gers, and receptionists to review desk sets in a I. Sllil AUTHORIZATION LEGISLATION working environment. <August 28-29J Their The Committee reported out and the comments were considered in the evaluaSenate passed, by vote of 94-3, a three-year tion. authorization bill to fund the SrnBJl BusiAll bidders were 2.,~ked to review their pro- ness Administration's <SBA'sl basic core of posats in the light of discus;sio:ns and submit credit. management as~istance and disaster best and final cost proposals by September lean p!·ograrf'..s for fiscal years 1986-1938.

5. 1983. All complied. while achie~'ing substantial agency savings All contracts with bidders were coordinat- of $2.5 blilion. The bill. S. 408, \ms then ined by the contracting officer and meetings corporated into the Omnibus Reconciliation with bidders were held whh representatives Act, which p::;ssed the Senate on December THE C.\PII'OL of both hm;ses in att~ndance. The two 19, 1985.

The Ninth Edition of The Capitol, a picto- teams performed their evaluations separateThe final budget plan for t.he SBA attains rial history of the Capitol 2.nd of ti1e Con· ly, concentrating on aspects of the bids that significant outlay savings through a budget gress. is now in production. Dellvery to affected their respective house and items freeze in fiscal year 1936, tecm~nation of that were related to coordination of services SEA's Direct L-oan Prog1·am (ex<::ept for ecoMembers is schedul·~d for early 1986. between the two houses. nomic opportunity loans, loans to MESBICs U.S. CAPITOL HISTORICAL SOCIETY CALKmP.RS The Sergear;t at Arms presented his rec- Veterans and, the hancUcappedi. eli;nination ecrdncted a survey Senate regarding ommendation for telephone service for the of the Non-physical DisastEr l,c-an Pn.. grmn, Nov. 12, 1985. Additional informa- and the following policy chances: removing · We The People" Senate tion meetings were held for the committee farmers from SEA's Di:;a.-sier L0a..n ProrTam . With 89 Sena- memt.ers_ and requiring them to obtain assistance q•Je::;tionnaire, the re· The Committee considered the recommen- from the Farmers Home Adn;i.nistration 1or overwhelming rnadelivery of the dations on Dec. 4 z,nd Dec. 10. After pro- disasters declared after September 30, 1985. traditionally been longed discussion, the Committee voted to and permitting the Small Business Investof Senators ex- reject all the pending bids, to rebid it within ment Company <SBICl Program to be fi. the calendars are 90 days, and to Epecify that on evaluations nanced through private capital markets inreiatiuns tool. Cum- the technical points would receive 80 per- stead of through the Federal Finan~e Bank.

The following programs were maintained in the process of cent of the weight and the cost 20 percent, to Senator's of- as opposed to the 75/25 ratio in the previous through FY 1983: bid.

C1-edit programs

mittee on Environment and Public Works: S. Res. 231, authorizing the printing of a reYised edition of the "Standing Hules of the Senate" for the Committee on Rules and Administration; S. Con. Res. 80, to auttwrize the printing of 2,000 additic.nal copies of the prim entitled "Defense Organization: The Need for Change" for ~he Committee on Armed Services; and S. Con. Res. B5. to authorize the compilation m1d printing of the EiceP.tennial Edition of the Biographical Directory of the United States Congress for the Committee on Rules and Administration.

on

ADMINISTRJ\TION OF THE SER\TE

MASS Mi\IL REGULATIONS

Of/ice automation systems for Senators·

The committee amended the regulations offices governing mass-mail with the following proP...15 of December 19, 1985, office automa- \'isions: (1) increased the minimum pa:per altion equipment has been installed in the lotment from 1.2 million to 1.8 million Washington offices of 94 Senators. The sheets per !'lear per sen~to:r, (2) excluded staff of these offices believes this program to>'m meeting notices from the paper allothas been a g-res.t help in providing them ment if the Senator Is at the toVIn meeting, with tools for increasing their productivity. (3) excl\tded "dear friend" letters in reTllere are now requests for an expansion of sporue to organized m11i! camoaigns from this pro~ram ii'1 ~i'ashington and fer an ex~ th~ paper allotment, (4) provided fl•f the tension of these services to home siate of· pub:Ucat:on on a quarterly basis of Senators' individual mass/mail costs, (5) defined a fices.

The committee recein'd and considered paper allotment yef'.!:, and (6) provided for office automation plans for twenty commit- the printing of pictm:os of mis.siBg children tees and offices of the Sena.te. 15 of these on Senate ma~-s-mail and on letters prepared plans have been approved and are installed with the Senate Correspondence Manageor In the process of being installed. The re- ment syste1n. maining five are stm being reviewed.

The committee also repo;-ted an original Procurement of new telephone sy.slem for.the measure, Senat~ Concurrent Re.>olution 91, to provide for the c:uarterly reporting of the Senaie mass-mail costs of members, committees and offices of the Home of Representatives and the Senate.

Contingent fund expenditures

investigation .douse Admin· of ChairHouse and and representthe Office of a joint e;,-alattended ail such as oral and site

specificacapacity to acother purposes Response;; to the on July 24. two declined a!iiYnnnl request and

The Rules Committee auditors precessed 40,000 vouchers this year for contingent fund expenditures, representing a 5% increase over the previous year.

Administration of Senate Office Buildings

Under the direction of the Rules Cornmittee. with the assistance of the Office of the Arr:hitect oi the Capitol, the following administrative actlo:ls concerning the Senate Office Buildings occurred i..i1 1985: New modular office furniture was assigned to 10 Senator~ in the Hart Building: Plans to locate the Senate Employees' Child Care Center from the Immigration Building to a new loc;;tion were finalized; Capitol cffiees were reassigned to 42 Senators; a total of 73 Senators have now been provided with office space in the Capitol.

New space in tl:e Capitol for the media is presently nearing completion; Studies associated with acquiring the Old Po:;t Office Building at Massachusetts Avenue and North Capitol have been completed.

The 71ai Loan Guarantee Program will continue to allow banks to provide longterm financing, otherwise u...1available, to small firms. The'Se leans can he up to $500,000 with terms usually 7-10 years in length. Two important reforms viere made in this program. First, the fee to tlle herrower was incre::o.sed from 1% to 2%; and second, SBA's rnaJ:imum loan guarantee was decre~.sed to 85%. for FY 1936 program levels: $2.5 billion.

Small fSB!CJ and ity Com_pany to fill the

CompGn:!J

a r;;.d fi!Iinor·

lY;veslment

small buEiness sm::>.U firms SEA-licensed 1986 program and $41 million The 503

D"''H'''''

continue !lability of by providing er:pi~ ::;d through FY

SBICs

rn ':;:J< tn:s "bricF.s healthy

small businA::c:;':;(cS

p1<n-tned ex;:vln:slon aLld

job cre12tion through a partnership among federal, state ll..'1d local governments. and the private sector. FY 1983 program level: $400 million.

Through its SuTety Bond Guarantee Program, SBA will continue to assist qualified small businesses by extending a guarantee to a surety of up to 90% a~ainst los<>, thereby m~king bonding more easily obtainatle for them. This is important as small business cont>acto.rs and ::;ubcontractors m'.!St often furnish surety bonds in order to obtain public and private sector construction contracts. FY' 1986 program level: $1 billion.

All the FY 1986 levels fer the loan gu~r­ antee programs described above will be adjusted for inflation in the outyears.

Disaster

a.~sistance

Through its Physical Disaster Loan Program. SBA will continue to provilie critical and timely a3sistance to businesses and homeowr;ers who are victims of physical disasters. SBA will continue making loans at fa\'OTable terms to property owners to cover uninsured losses resulting from natural dis-

s 18316

CONGRESSIONAL RECORD- SENATE

asters. Farmers, ho>;ever, v:ill be removed from this program as of October 1, 1985.

Management a.ssistance

SEA's management assistance programs, including Small Business Development

Center ISBDCJ, Small Business Institute ISBD. Serv'ice Corps of Retired Executives ISCOREJ. and Active Corps of Executires 1.4CEJ, will continue to utilize private sector

resources to meet the wide-ranging needs of small businesses. These programs, through a delivery system composed of retired volunteers, universities and the private sector, will continue to provide affordable training and counseling to small business entrepreneurs. which will be funded through the sal. aries and expenses portion of SEA's budget.

SvMMARY OF ACTIVITIES OF THE COMMiTTEE ON VETERANS' fu"FAIRS ACTITITIES DURING THE FIRST SESSION OF THE 99th CONGRESS

I. INTR.OD"D"CT!ON

!hlth ConVeterans' tnany imface the year the to be lhrough proAdminisad-

II. TAX HEARINGS

The Committee conducted 13 field hearings in seven states as part of a comprehensive se1ies of forums to examine the impact of tax reform on small business. The hearings focused on the Administration's November, 1984 tax simplification proposal and the most updated version of their package, as well as the Bradley-Gephardt and Kemp-Kasten tax reform proposals. Of particular interest to the Committee and to the witnesses who testified were those provisions which affect small business' ability to attract and retain capital. Examples of such provisions include those dealing with the Investment Tax Credit <ITC>. depreciation, and the taxation of capital gains. A Committee report detailing the proceedings will be issued in January.

III. NATIONAL ADVISORY COUNCIL ANNUAL

MEETING

The Committee's National Advisory Council. at its annual meeting on October 23, unanimously approved eight resolutions, including measures c?.llL'lg for the President and Congress to take immediate action on the budget crisis, endorsing cuts in all areas, including entitlement programs, social security, defense spending and tax increases, if necessary; to oppose comprehensive tax reform. with the exception of a minimum corporate tax; and to maintain the Small Business Admii!.istration as an independent agency. In its fifth annual meeting, the Council, "hich is composed of 25 small business persons from around the nation, also declared its support for \'igorous enforcement of U.S. antitrust la\lrs; stronger implementation of the Prompt Payment Act; called for hearings and a federal standard on the issue of liability insurance, in light of the current crisis in availability and affordability for small firms; and asked the President, the U.S. Trade Representative, the International Trade Commission and the Commerce Department to reduce imports from any cotmtry whose unfair trade practices contribute to our trade deficit with that country.

December 20, 1985

ber 13. The hearing was held in order to determine whether SBA has been fulfil.ling its mandate to give "special consideration" to veterans in all agency programs, as directed

by Public Law 93-237. the Committee is formulating recommendations to the agency for improving their veterans outreach efforts based on the hearing record :::nd responses to follow-up questions.

care.

on and 1 of Secretary of Labor for Veterans' Employment.

The Conunittee met in open session 5 times and reported 5 bills to the Senate. the provision of one of which. wi.th modifications, was ultim~.tely enacted into 1 public law. nr,"rmâ&#x20AC;˘'~

<ll The

IV. PROMPT PAYMENT ACT OVERSIGHT

The Committee conducted the first of two hearings to oversee the implementaton of the Prompt Payment Act of 1982 to ensure that small contractors doing business- with the federal government receive timely payment. The initial hearing took place in Norfolk. Virginia, with the second planned for early next year in Washington, DC. The hearings were called in response to reports from small business contractors that some federal agencies are failing to fully carry out the objectives and Congressional intent of the Prompt Payment Act. V. OVERSIGHT OF SEA'S VETERANS PROGRAM

The Committee conducted an oversight hearing into the veterans as~istance programs and Office of Veterans Affairs at the Small Business Administration on Novem-

LEGISLATIVE ACTIVITIES

Veterans' heailh care

During the First Session of the 99th Congress, 4 days of hearings were held and a major legislative initiative wa.s enacted which concerned veterans' health-care programs.

On June 12, 1985, the Committee ordered reported favorably S. 875 which was ultimately enacted on December 3, 1985, as

Reconciliation

The Committee met on June 20. 1985, to consider Administration's legislative proposals which included a means test, and reimbursement from health insurers for the cost of health care furnished by the VA. Pursuant to section 2(1) of S. Con. Res. 32, the First Concurrent Resolution on the

December 20, 1985

CONGRESSIONAL RECORD- SENATE

Budget for Fiscal Year 1986, the Commitee. on September ·26, 1985, ordered report-

E.rpect<:d action by the committee during the 2d session of the 99th Congress

ed favorably legislation and report language certain budget savings, Pursuant to its reconciliati')n ir,structior;s, tl1e Committf"e recommended changes in tile law sufficient to reduce bud;:-et authority and outlays for veterans' pro;;·arns by $1.15

During the next session of Congress. the Committ-?e will continue its overiig-ht of the major prngratns admtnister.::-d by tl;e v-A. Specir,l emph3.sis is exp€-cted to be pla·~ed

reco,~mend\ng

biBion during FY

l~J86~FY~

on several prcgrarn areas i!""1ciudLGg: 0) alternat\ves to institutior;;;.l"izat.ion for a2~:!g and chronically rntntan~· ill veterans.

C2 1 a contim1ed review of the VA's loan gu~railty pro~ran1.

CJ l a review of the VA's financial man:J.gem€nt and resource allo,:ation sy~t.em and tb.c use of, arncng other things, d~agnostic­ relatc-d-groups <DRG'::l.

(4l an ex:emination cf the VA's automatic

data processing< ADPJ

s~·stem.

AM:ENDM:ENT TO INCREASE LIMIT ON DISTILLED SPIRIT PLANTS EXEJ'J.[pT FROM BOND REQUIREMENTS Mr. DOLE. Mr. President, during a rec~nt town meeting in Garden City, KS, I wa.s approached by two men who Ow"Il a small alcohol fuel producing plant in Leoti, KS. These men were concerned that as of .Tanuary 1, 1986, they would be forced to close their plant and lay oif approximately 12 employees because of a Federal law requiring them to furnish a $110,000 bond. Officials with the Bureau of Alcohol, Tobacco and .Firearms L11form me that this bonding requirement is to guarantee that an alcchol fuel producing plant will pay any Federal tax liability accruing on the distilled spirits produced by the plant. It seems rather strange to me, Mr. President, that such a bonding reouirement should result in the closing an alcohol fuel producing facility, as there is no Federal tax liability on alcohol fuel.

According to the t\vo men operating this plant, it has been impossible for them to obtain the federally mandated bond. Their bank is a small agricultural-oriented facility and due to the sad shape of the agricultural economy these bonding companies have no interest in underwriting such a bond.

I do understand, Mr. President, that at one stage in the alcohol distillation process there is some concern that the alcohol produced by an alcohol fuel plant could be diverted and U'3ed for bBverage purposes.

Should this happen there would be Federal excise taxes due on the product. However, President, I have been assured by officials with the Bureau of Alcohol, Tobacco and Firearms, that Public Vitw 96-223 sets out specific criminal penalties for any such illegal activities-thereby providing the Government with a form of recourse ag:>.inst those diverting the product illegally.

Today, I would have offered an ainendment to incre?.se the limit on di:,:tilled spirit plants exempt from bonding requirements when producing alcohol fuels if there had been a realchance for enactment. This amendment would have raised the threshold for those plants in for at least 2 years, from the gallon level to a 2,500,000gallon level. for 1 year. It will

of

s 18317

allow those small alcohol fuel production plants experiencing bonding problems to remain open next year, and would ha\·e given Congress enough time to fully disc1::;:s the merits of the bondirlg requirement. u:Jfortunately, it v;as not possible to gei the Houze to comider this measure today. I hope to be able to move this legislation very quickly in the next session.

I ask unanintous consent that the text of the amendment I intended to offer be printed immediately following my remarks.

There being no objection, the amendment was ordered to be printed in the RECORD, as follows: At the appropriate p!ace in the bill, insert the following new section: SEc. . In the case of any distilled spil"it.s plant which, for each calendar quarter during 1934 and 1985, was required to obtain. and obtained, a bond under section 5181 of the Internal Revenue Code cf 1954. section 5181<c> of such Code shall, for each · calendar quarter during 1986. be applied l:y substJtutmg "2,500.000 proof gallon:;" fr;r "10.000 proof gallons".

APPOINTMENTS BY THE CHAIR The PRESIDING OFFICER <Mr. WALLOP). The Chair, on behaif of the President pro tempore, pursuant to Public Law 94-118, appoints the Senator from Hawaii [Mr. INOUYE) to the Japan-United States FreL."1dship Commission.

The Chair, on behalf of the President pro tempore, pursuant to Public Law 99-83, appoints Rabbi Chaskel Besser to the Commission for the Preservation of America's Heritage Abroad.

The Chair, on behalf of the President pro tempore, pursuant to Public Law 99-93, as amended by P'u.blic Law 99-151, appoints the following Senators to the United States Senate Caucus on International Narcotics.

Control: the Senator from Delaware <Mr. BIDEN), Co-Chairman; the Senator from Arizona [Mr. DECONCINI]; and the Senator from Illinois [Mr. DIXON].

The Chair, on behalf of the Vice President, pursuant to Executive Order 12131, sig.n.ed by the President on May 4, 1979, as extended, appoints the Senator from Texas [Mr. BENTSEN] to the President's Export Council.

s 18318

CONGRESSIONAL RECORD- SENATE

tion, the National Committee for Adoption, to gather this important data and make it available to policymakers, to those who offer services to women with crisis pregnancies, and to the tens of thousands of families who would like to adopt but can't. This data was published as part of the "Adoption Factbook."

The person who is primarily responsible for the data gathering is lone J. Simpson. She found the right resources and worked with States to obtain this information without a costly and cumbersome Federal program. lone is a career social worker and long-time employee of the LDS Social Service system who did the data-gathering design, while on sabbatical, as a staff member of the National Committee for Adoption. lone is a resident of Salt Lake City, and my staff and I had the opportunity to meet and work with her while she was in Washington for a year's work as Director of Public Policy and Professional Practice for the National Corr..mittee.

Those of us in Utah take pride in our willingness to look at all the facts and make decisions based on those facts. In the case of adoption, thanks to Utah resident lone Simpson, we now have the facts we need to make better decisions affecting all children who need homes-healthy infants, special needs children, and children from other lands who look to America as th~ir only chance for permanence.

IN SUPPORT OF THE ll:J"CREASE IN BENEFITS OF SERVICEMEN'S GROUP LIFE INSURANCE Mr. COCHRAN. Mr. President, I support enthusiastically the proposal to increase the servicemen's group life insurance benefits from $35,000 to $50,000. I think this increase should be retroactive to include those brave Americans who were killed in the Beirut bombing in 1983.

The recent tragedy in Gander, Newfoundland, which took the lives of 250 members of the lOlst Airborne Divi. sicn, including 2 young soldiers from my State of Mississippi, is being felt by families throughout the Nation.

This increase in insurance benefits would not replace the departed loved ones, but could help provide for those families now facing an uncertain future.

Each and every day, American soldiers, sailors, airmen, and marines risk their lives for their country. Major tragedies such as the Gander crash an.d the Beirut bombing focus our attention, but there are lives lost by service men and women almost daily which do not receive the Nation's attention. The loss of the surviving families, however, is just as real.

On August 19, 1981, two Navy F-14's from the U.S.S. Nimitz were attacked and subsequently shot down two Libyan fighters. The F-14 squadron

commander and lead pilot was Comdr.

Hank Kleeman. A 1965 Naval Academy graduate, he had served his country wherever he was needed, and when called upon this August night, he did not hesitate. His actions made all Americans, including his wife and four children, proud. He was subsequently promoted to captain and assigned as commanding office of Air Test and Evaluation Squadron Four in California. On the morning of December 3, fifteen days ago, Capt. Hank Kleeman was killed in an aircraft accident.

The increased insurance will not provide financial security for the survivors of Hank Kleeman, but it will help to provide a promise of education for his four children. It will do the same for the families of those who were killed at Gander, at Beirut, and throughout the world. This legislation would have a major positive impact on the families who deserve our support the most. ¡ THE OIL BUST Mr. BOREN. Mr. President. as I have previously mentioned on the floor, I have written Finance Committee Chairman Senator RoBERT PACKwooD requesting hearmgs early next year on my proposal to put in place an oil import fee.

Mr. President, as I said then, we should be prudent and put in place a safety net for the goals we have achieved in energy conservation, for America's Domestic Energy, and the country's financial system which funds that industry.

We should act now to prevent the disasterous effect sudden sharp drops in the price of oil would have on our economy. Prices may not fall dramatically, and the tiers of an oil import fee may not ever be necessary. But we should protect against the possibility of that happening, and not wait until a potential problem becomes a fullblown crisis.

Mr. President, I urge my colleagues to read the column written by Charles Krauthamrner and printed today in the Washington Post, and I ask that the column be printed in the RECORD .

There being no objection, the column was ordered to be printed in the RECORD, as follows: THE OIL BUST

If the strain of all the good will, cheer and

generosity of the season has left you thor¡ oughly exhausted, I offer relief: a few minutes of sweet, unmitigated vindictiveness.

OPEC is dead. Time for rejoicing.

Astute observers detected the first sign of the end of the oil era not in the financial pages, but in the sudden disappearance from TV screens of the Santa Gertrudis cattle. You remember: the Exxon ads that, years ago, showed the happy herd milling about in peaceful coexistence with a Texas refinery, living proof of Big Oil's neighborliness.

When oil was king, ads could disdain anything GO crude as product promotion. No more tigers in the tank. Ads were for image.

Seen the ads lately? The Santa Gertrudis are gone. And the tiger, promising better

December 20, 1985

performance and symbolizing good old grasping competition, is back. So is the oil market.

For almost 10 years OPEC was the market. No longer. Earlier this month OPEC collapsed as a carteL The beauty is that OPEC destroyed itself. The massive oil shocks of 1973 and 1979-80 stimulated so much energy conservation and non-OPEC production that OPEC now sells only a third of the free world's oil, down from almost two-thirds in Its heyday. Thanks to its greedy formula of curtailing production to raise prices, OPEC gratuitously forfeited much of its market share-the measure of economic power-to others, such as Mexico, Britain and Norway.

Ah, greed. A recent analysis by the London-based Economist shows that had OPEC raised prices merely non-extortionately, say, in accord with GNP increases in the West, it would over the past six years have accumulated exactly the same total income <$1.3 trillioni. But it would now have <1 l a steadier and higher price, C2l a onethird greater, and probably controlling, share of the world market and C3l reason to smile. Instead of being at -the edge of a rising income curve, it is now at the edge of a cliff. Who says there is no justice In the world?

OPEC, of course, has another word for greed. At the December OPEC meeting, Tamunoeni David-West, Nigeria's oil minister, said, "Nigeria has made enough sacrifices tD promote the ideals of OPEC." The beneficiaries of past OPEC idealism-the battered economies of the West and the ruined economies of the oil-poor Third World-\\'elcome OPEC's retreat from highmmdedness.

The news, however, Is not unequivocally good. Oil prices, now at $28 per barrel, are perched for a free fall. Since Persian Gulf crude costs about $2 per barrel to produce. there is no telling how great the fall could be.

That is very good news for the "orld's econ0mies, but it carries a threat.

Chevron Chairman, George Keller, once called it the Velvet Trap scenariOi a sharp drop in oil Prices leads to an increase in consumption, a slowdown in energy substitution out of oil, and a decrease in marginal production from expensive non-OPEC, wells. such as those in the Arctic and the North Sea. Ga.s is guzzled, wells shut down, the market tightens, and, in the 1990s. the trap closes: a crisis. a panic, another oil shock.

What to do? The solution is an oil import fee. Let it go into effect only if the price falls below the current $28. If the world price is $18, the tax is $10. If it is $23, the tax is $5. If it is $28, the tax is zero. That way no one pays a penny more for gas or heating oil than he does today. Adjusted, say, every three months to reflect the average world price, such a tax would soak up windfall only.

The effects are clear. It would keep consumption from rising. C!n 1984, with prices falling, U.S. oil consumption rose 3.2 percent.) l'.nd, by maintaining at $28 the price offered domestic producers, it would keep a lot of marginal wells from shutting down. <Already the expectation of lower oil and gas priees has caused the number of U.S. rotary drill rigs in opentional to fall to the lmvest level since 1976.)

Why would anyone oppose such a boon?

The president because he has a tax 2J1ergy and supply-siders be.:ause they don't want to take away the stiinulative effect of an oil price drop.

Tax allergies are ir1curable, but perhaps one can reason with supply-siders. An oil import fee does not abolish the stimulate

December 20, 1985

CONGRESSIONAL RECORD- SENATE

effect of an oil price drop. It merely reallocates it. The money-at $10 per barrel. $15 billion per year-is not lost. It simply gets collected by government ii-.stead of being passed on directly to oil uG€T3 a.> a reward for energy waste.

The point of an oil in:l)ort fee ia to r~ise the <relative price of oil. The windfall does nvt. disappear, nor the sti:nulil.tlve effect. In theory, the oil tax money could be ;·tfundcd in the form of lower ir.come tax ratEs. The Gramm-Rudman era, even the most starryeyed supply-sider will concede. is not a very good time for that. Well. then. an oil fee could narmw the deficit and obuiate the need for corresponding-anti-stimul::.tin'spending cuts.

If there ever was a best-of-both-worlds idea. this is it. The last time it was broached in Congress was by Senate Budget conferees in July. One colleague put it to Sen. David Boren: "The oil import fee makes so much sense that Congress probably won't pass it."

It didn't. It should.

MYTH OF THE DAY: TERROR· ISM, IT CAN HAPPEN HERE Mr. PROXMIRE. Mr. President, the myth of the day is something very basic to all of us. To you, to me, to all Jl...mericans, namely the threat of international terrorism and the feeling that it can't happen here.

Terrorism, I'm sorry to say, is going to be a fact of life for us and will loom like a dark, deadly shadow over the international political landscape for the rest of the century. And that is not a happy thought.

Am I being some sort of Cas3andra, bringing warnings that no one heeds?

I sincerely hope not. Let's take a look at the facts.

From 1975 to early 1985. terrorists struck more than 5,000 times world· wide. And the tragic legacy: 4,000 dead and 8,000 wounded. Last year alor,e, the U.S. Government counted nea!"ly 600 international terrorist acts.

Now, if those numbers are not r;rim enough consider this: a recent study by the Rand Corp. says terrorist acts are rising at an annual rate of 12 to 15 percent. And in that same report there is something that could be even more ominous: that terrorism is becoming commonpiace, even routine or ordi· nary. What an outrageous thought that something as heinous as the hi· jacking of the cruise ship Achille Lauro and killing of an elderly, para· lyzed American could become routine.

No decent person, anywhere on this planet, can :>occept such acts as routine.

And we have other things to worry a bout: state sponsored terrorism. I guess it is not enough that individual madmen murder the innocent, now we have the specter of outlaw states aiding and abetting these blood-thirsty killers.

Share another nightmare with me: nuclear terrorism. Preposterous, you say? I think not. Nuclear proiiferation has brought atomic materials and the knowledge of how to build a bomb to more countries. Now imagine for a moment an outlaw nation giving a ter· rorist band an atomic bomb. That would be a catastrophe! If you added

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all the world's terrorist acts from istration. He concluded that whereas Munich 1972, to the Achille Lauro, it could ne\·e:r equal the horror of a citydestroying atom tomb in the hands of terrorists.

The fact b we have grown compla· cent about ter•orism. That could be tragic. vVe see the pictures from Lebanon and assume what. happens there can't happen here. I wl:>h that were true.

Alas, it is not.

How many remember last year's terrorist bombing right here in the U.S. C&,pitol? We ha\'e been very. fortun::;te so far. The U.S. Capitol bombing killed no one. But what about next time? There is absolutely no indication that terrorism will vanish overnight.

So, what is to be done? Do we cower in fear, ignoring the problem, hoping it will go away? Hardly! There are several concrete, relatively simple steps we can take.

We should continue to beef up pr,ysical security. That means checking more bags, inspect!ng more briefcases.

Inconvenient? S~re it is. But it is far simpler and far cheaper to· make these checks rather than wishing we had after some strategy.

We need better security for our Americar1s abroad. The United States is always going to be a prime target with our extensive official and co:nmercial ties overseas. We don't need another Lebanon with an Embassy de· stroyed or Marines blown up.

Better intelligence efforts to root out these enemies of decent people is another step. And based on that close cooperation with other countries to identify terrorists before they strike. \Ve must label those rogue nations who help terrorists.

Most of all we must realize it can happen to us. Terrorism can strike here. That doesn't mean living in fear.

Absolutely not! It doea mean being aware that we could have serious problems if we don't work vigorously to stamp out this scourge of internaticnal terror.

WARS" WILL INCREASE THE LIKELIHOOD OF NUCLEAR WAR Mr. PROXMIRE. Mr. President, there are a series of reasons why t11e SDI or "star wars" program can devel· op into one of the most tragic mistakes in this cmmtry'shistory. First, it now seems clear that there is an overwhelming co-nsensus on the part of the most knowledgeable supporters of this program that it can never protect American cities. The President has ·said that SDI can eventually do this.

He apparently believes it. But the President is virtually :;.lone in this conviction. In December in a series of three lengthy reports Charles Mohr wrote a detailed analysis of the SDI or star 'i'Jars in the New York Times.

Mohr talked with virtually all the top experts on star wars both in the administration and outside of the admin· "STAR

18 months ago some star wars support· ers still thought that a "near perfect" defense WRS possible. this is no lGn[er tEe case. Mohr reports: .

Ins\ o:-ad of stressing the goal of a d~ feJ::o<e that is nearly perfect b:v the :;tandDrd of how many Soviet nuclear warheads it coEld :;hoot down. Admini~n at ion figures r.ow stress th:?.t if "Star Wars" cocld only dtDY the Russians the abil!ty to destroy the key military targets. which th.; Administration perceives to be the Russians' culy goal. it would bE· good enough.

The study by the Office of Technol-

ogy Assessment found a series of r£a· sons why the SDI would be more likely, not less likely, I repeat more likely to bring on a superpower nuclear war. First, if both superpowers had similar but limited defenEes, whichever .superpower struck first would have a major advantage because it could knock out much-though not all of its· opponent's nuclear arsenal.

Why is this? Consider: What does the SDI need to succeed? Any chance of successful star wars defense depends on a sharp reduction of the adversary's nuclear arsenaL How can this be achieved most surely? Answer: A preemptive attack could provide precisely that. This is why the Office of Technology Assessment has concluded that if both sides deploy and SDI system, as the President has proposed, the prospect of a preemptive So·.-iet strike would sharply increase. As OTA observes:

a

Even a limited Soviet defense would ha1·e to de:ol only with a "ragged response·· f~com a diluted United States retaliatory arsenaL Of course a dangerous po::;sibility is a situation in which the defenses of ea~h nation are vulnerable to a preemptive strike by the other side. \Vhat happens under those circumstances?

What happens is that whichever adversary strikes first has a huge advantage. Result: mutual deployment of SDI will make a super power nuclear war far, far more likely.

Mr. President, one of the most revealing disclosures in the OT A report as described by Charles Mohr in the New York Times is the result of a w.r,r games scenario that simulates star wars defenses. One Soviet affairs specialist described it this way:

We found we were playing against defense contractor personnel and others who knc.w nothing about Soviet doctrine. It took our whole team, the Red team. less than 20 minutes to a.gr.se that our first counter to ''Star W?.rs" would be to increo.se offensive missile numbcr.s. Their team, the Blue team, said, "No, that is not how the Soviets thfnk."

Every step we took surprised them.

In a later speech I intend to discuss the cost of ''star wars" as it will affE·ct not only the research. the production and the deployment. of immensely expensive hardware, but the additional cost of supplementing an SDI syst{'m with a new immensely costly air de· fense and a vast new. hugely expensi•·e civil defense system. What a tragedy! \Ve may be on the verge of pouring

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CONGRESSIONAL RECORD- SENATE

the economic, scientific, and manpower resources of this great Nation into far-and-away the most costly system the world has ever seen. What happens when we ,have it? We will find it will not work except on one terrible condition. It will work only if we irJtiate the first strike. We will know that our adversary, the Soviet Union, will face the same dilemma. They too will have some kind of a..Tt SDI which they also know means their bes-t chance of survival will be to strike before the United States does. 'Wnat does that kind of situation do to the prospect of nuclear war? Will we be better off?

Consider what the President's preeminent spokesman on foreign policy, our - Secretary of State Geroge Shultz, said just last December 10. He said: In the 1980's and beyc.nd, most likely we will never see a world in a total state of

peace or a state of total war. The west is relatively very well prepared to deter an all--out war, or a Soviet attack on western Europe or Japan; that's why these are the least likely contingencies.

The Secretary of State was telling us that the prospect of super power nuclear war right now is remote, and it will remain remote for years to come.

But all that changes with Star Wars.

The real tragedy is that our multitrillion-dollar folly will sharply increase the likelihood of nuclear war. What a way to throw away a few trillion dol· Iars.

GENOCIDE CONVENTION: ANOTHER MfSSED OPPORTlJ""NITY rvir. PROXMIRE. Mr President, as the gates of 1985 begin to close, we see once again that Congress has failed to act upon the Genocide Convention.

This should have been the year for passage. The administration had given its full support. Ominous develop-ments abroad in the form of brutal human rights abuses indicated that ratification was vital and absolutely necessary. The year 1985 even marked the 40th anniversary of the end of the Second World War and the Holocaust.

If ever there seemed an opportune time, it was this year.

The legislative agenda for next year appears busier than ever. Lool;;:ing ahead, we can expect to face such heavyweight issues as Conrail, tax reform, campaign reform spending, and provisions implementing GrammRudman.

Is there any room for the Genocide Convention, which has been sidestepped and brushed aside for more than three decades?

We must make room for this treaty.

We must. demand a firmer commitment for ratification of the Genocide Convention. For what we need now more than at any time before is stronger leadership in the cause of human rights and against genocide around the world.

Mr. President, it is essential that we move ahead early next year if the Genocide Convention is to have a real-

istic chance for consideration next year. \Ve need a commitment here and now from the leadership of the Senate to set a ds.te certain for consideration of the treaty. We need ?. commitment no·.v from the \\-'hite House to put the full weight of the President's authority behind this effort. \Ve have waited an entire generation for the Senate to act on this treaty.

We must not wait any longer. · DEATH OF FRANK ARTHUR CAMPBELL Mr. FORD. Mr. President, it is with great sadness that I relay to the Senate news of the untimely death of Mr. Frank Arthur Campbell. Since 1978, Frank served within the Educational Services and Support Division of the Senate Computer Center. As an instructor and consultant for the Senate's legislative computer applications, Frank was well known and highly esteemed by staff members from many corners of Capitol Hill.

Frank distinguished himself as an honors graduate of Paul Quinn College in his native Waco, TX. He later became an elementary school teacher, first in Waco and later within the Waterloo, IA, school system. His teaching expertise and personable manner were well applied in his years at the Senate; many a staff member learned how to use the Senate's LEGIS system under Frank's carefl\l and caring guidance.

Painful as they were, Frank's last days were considerably brightened by the closeness of the many family members and friends who traveled to be with him in illness. On behalf of the Senate, I wish to extend special condolences to Frank's mother, Mrs. Dora L. Campbell, and to his sister Alma Faye and brother Larry who traveled from Waco to comfort Frank.

I am sure I speak for the entire Senate in saying that Frank's warmth and eompassion '\\rill be sorely missed.

December 20, 1985

Berry, one of its reading clerks, announced that the Speaker pro tempore [Mr. WRIGHT] has signed the following enrolled bill: S. 1706. An Act to authorize the Architect of ihe Capitol and Se~.retary of Transporta· tion, in consultation with the Chief Justice of the United States, to study alternatives for construction of a building adjacent to Union Station in the District of Columbia. and for other purposes.

The enrolled bill was subseGuently

signed by the President pro tempore [Mr. THURMOND].

At 2:40 p.m.. a l!lessage from the House of Representatives, delivered by Mr. Berry, one of its reading clerks, announced that the House agrees to the amendment of the Senate to the text of the bill <H.R. 4006) to extend until March 15, 1986, the application of certain tobacco excise taxes, trade adjustment assistance, certain Medicare reimbursement provisions, and borrowing authority under the Railroad Unemployment Insurance Program, and t-o amend the Internal Revenue Code of 1954 to extend for a temporary period certain tax provisions of current law which would otherwise expire at the end of 1985, with an amendment, in which it requests the concurrence of the Senate, and that the House agrees to the amendment of the Senate to the title of the bill, with an amendment, in which it requests the concurrence of the Senate.

The message also announced that the House has passed the follo'W~mg joint resolution, without amendment: S.J. Res. 255. Joint resolution relating to the convening of the second session of the Ninety-ninth Congress.

ENROLLED BILL SIGNED The Vice President announced that on today, December 20, 1985, he signed the following enrolled bill, which had previously been signed by the Speaker of the House of Representatives: S. 1884. An act to amend the Farm Credit

Act of 1971, to restructure and reform the MESSAGES FROM THE Farm Credit System, and for other purPRESIDENT poses.

Messages from the President of the United States were communicated to the Senate by Mr. Saunders, one of his ENROLLED BILLS AND JOINT secretaries.

RESOLUTIONS PRESENTED The Secretary of the Senate reported that on today, December 20, 1935, EY..ECUTIVE MESSAGES she had presented to the President of REFERRED As in executive session, the Presid· the United States the following ening Officer laid before the Senate mes-- rolled bills and joint resolutions: S. 170G. An act to authorize the Arcb.itect sages from the President of the United the Capitol and Secretary of TransportaStates submitting sundry nominations of tion. in consultation with the Chief Justice which were referred to the appropri· of the United States, to study alternati1:es ate committees. for construction of a building adjacent to <The nominations received today are Union Station in the District of Columbia. printed at the end of the Senate pro- and for other purposes.

S. 1884. An act to amend the Farm Credit ceedings;)

MESSAGES F'ROM THE HOUSE ENROLLED BILL SIGNED

At 2 p.m., a message from the House of Representatives, delivered by Mr.

Act of 1971, to restructure and reform the Farm Credit System, and for other purposes; S. 1918..An act to change the date for transmittal of a report; S.J. Res. 189. Joint resolution designating the week beginning January 12. 1986, as

December 20, 1985

CONGRESSIONAL RECORD- ~ENATE

and light trucks of the tax they pay.

Damage to our highways cannot be attributed to these people at all, and cor-rective action must be taken.

These people bought these dieselpowered vehicles when the energy crunch was real. They now wind up paying for their innocent attempt to conserve fuel. I urge my colleagues to support this measure, so the injustice EXECUTIVE REPORTS OF can be corrected. My colleague on the COMMITTEES House side, Mr. ScHULZE already has The following executive reports of legislation introduced. If we want fairness in our legislation, then this bill committees were submitted:

By Mr. GOLDWATER, from the Commit- will receive the due consideration it tee on Armed Services: deserves.•

"National Fetal Alcohol Syndrome Awareness Week"; S.J. Res. 198. Joint resolution to designate the ·year of 1986 as the "Sesquicentennial Year of the National Library of Medicine"; and S.J. Res. 235. Joint resolution to designate the week of January 26, 1986, to February 1, 1986, as "Truck and Bus Safety Week".

The following named officers for posthumous promotion to the grade indicated under the provisions of article II, section 2; clause 2 of the Constitution of the United States of America: ARMY

To be captain

Lt. Lt. Lt. Lt.

John K. Kosh, 202-44-7672.

Paul D. Long, 422-80-7593.

Joey McCarty, 457-96-4868.

Barry C. Powell, 226-08-0757.

To be chief warrant officer W-4

CW03 Robert A. Bowen, 231-64-9922.

INTRODUCTION OF BILLS .AND JOINT RESOLUTIONS The following bills and joint resolutions were introduced, read the first and second time by unanimous consent, and referred as indicated:

By Mr. SPECTER: S. 1998. A bill to amend the Internal Revenue Code of 1954 to provide for the repayment of the tax imposed on fuel in dieselpowered automobiles or light trucks; to the Committee on Fina.1ce.

By Mr. DANFORTH: S. 1999. A bill to regulate interstate commerce by providing for a uniform product li· ability law, and for other purposes; to the Committee on Commerce, Science, and Transportation.

By Mr. BYRD <for Mr. RocKEFELLER <for himself and Mr. BxrtDll: S. 2000. A bill to clarify the exemptive authority of the Securities and Exchange Commission; to the Committee on Banking, Housing, and Urban Affairs.

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. ABDNOR S. 1998. A bill to amend the Internal Revenue Code of 1954 to provide for the repayment of the increaSed tax imposed on fuel used in diesel-powered automobiles or light trucks; to the Committee on Finance.

REPAYl'i!ENT OF INCREASED TAX ON DIESEL FUEL

o Mr. ABDNOR. Mr. President, when the 1984 Deficit Reduction Act was passed, the diesel fuel tax was raised 6 cents per gallon to repair tlie damage created by large trucks on our highways. Unfortunately, this tax was also levied against ovmers of automobiles and small trucks. This places an unneeded financial burden on these owners.

My legislation would correct this injustice by providing a rebate to consumers who own diesel-powered autos

By Mr. DANFORTH; S. 1999. A bill to regulate interstate commerce by providing for a uniform product liability law, and for other purposes; to the Committee on Commerce, Science, and Transportation.

PRODUCT LIABILITY VOLUNTARY CLAIMS AND UNIFORM STANDARDS ACT

e Mr. DANFORTH. Mr. President, I

rise today to discuss the issue of product liability reform. As chairman of the Senate Committee on Commerce, Science, and Transportation, I believe that there is no more important sub· ject before the cornmittee than the cost and scarcity of liability insurance, and the underlying need for product liability reform.

Traditionally, product liability has been a matter left to State law, but today the morass of product liability law is a problem of national concern that requires congressional action.

The product liability system is costly, slow, inefficient, confusing, and unpredictable. It hurts business, consumers, and our competitive position in world markets.

The present patchwork of inconsistent, often contradictory State laws makes it difficult for manufacturers to know what standards they will be held to in manufacturing a product. It delays justice to those victin;s truly deserving compensation, and it encourages lawyers to solicit half-hearted plaintiffs in the hope of recovering windfall contingent fees.

The confusion in product liability laws leads not only to excessive litigation but to unt3redictable insurance costs. The result is that an increasing number of Americ&.! firms cannot purchase insurance coverage that is adequate to protect against potential liability. At the same time, many consumers who are injured by defective products and deserve compensation are unable to recover damages or must wait years for recovery. They find themselves caught in a legal lottery in which identical cases can produce different· results in different jurisdictions. When they recover, they sometimes find that they receive less in damages than the total legal costs and expenses involved in the case.

Manufacturers seek certainty about th·e scope and extent of their ~iability.

Consumers seek swifter, more certain recovery, and both groups seek to

s 18321

avoid the high transaction costs of litigation. It is time for a new approach to the problems of our product liability system that unites manufacturers and consumers, in recognition of the fact that their interests, while different, are not necessarily conflicting.

After Senator KASTEN's product liability reform bill, S. 100, became deadlocked in the Commerce Committee, the Committee held hearings on alternatives to S. 100 proposed by Senator DODD and Senator GoRTON. I then directed the Commerce Committee staff to begin the formulation of such a new approach to product liability reform that ~ombines uniform product liability standards, along the lines of the KAsTEN bill, with an alternative claim or compensation system, similar to those proposed by Senator DoDD · and Senator GoRTON. I did so, because I believe that such an approach is essential to ·product liability reform and the only way to develop viable legislation that would have a broad base of support from manufacturers, consu·mers, and labor.

The basic idea is to establish uniform Federal standards for product liability litigation and, at the same time, to get as many people as possible out of the courts and into a simple, expedited claim system that provides swift and more certain recovery without the costs of protracted litigation.

Mr. President, this approach now is embodied in a staff working draft of product liability legislation that originally was released for public comment last July. This draft, which since has been revised, gives a person injured by a defective product a choice between a new, expedited claim system and traditional litigation. If the injured person chose to litigate, he could seek recovery for damages, including pain and suffering and punitive damages, in a traditional lawsuit that would be governed by uniform Federal standards that preempt State law and that would be based primarily on negli. gence or fault-not strictly liability. As an alternative, without going to court, a person seeking recovery for harm caused by a product could file a claim directly with the manufacturer to recover only net economic loss-actual out-of-pocket expenses incurred as a result of the harm, which are not reiznbursed by other sources.

No recovery would be permitted within the claim system for pain and suffering or punitive damages, but the burden of proof for recovery would be much lower than that of the traditional litigation system. This would not be an absolute "no-fault" claim system, but the standard for recovery would be much easier to meet and there would be greater certainty of recovery.

Under this proposal, once a claim is submitted, a manufacturer must respond within 90 days. If the manufacturer only disputes the amount to be paid for net economic loss, this 1ssue goes to binding arbitration. If the

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CONGRESSIONAL RECORD-SENATE

manufacturer denies liability or fails to respond to the claim, the claimant has a choice. The claimant may initiate a traditional lawsuit under new uniform Federal standards. As an alternative, the claimant may seek expedited limited judicial review within the claim system. Such revie1v would be under the claim system liability standard without a jury and with recovery limited to net economk loss. Once judicial review has been sought within the claim system, it cannot be pursued in traditional litigation for the same harm. Likewise, once traditional litigation has been initiated. a person cannot use the claim system to seek recovery for the same harm.

Mr. President, this staff working draft also gives special treatment to toxic ha-1-m caused by long-term exposure to products. The particular concern here is to address the problems many individuals have with respect to identification of the manufacturer and with respect to proof of causation in long-term latency disease cases, particularly those involving occupational diseases. We are seeking a simplified mechanism to resolve the disputes as to causation that now make it very difficult and costly to assess liability in such cases.

The response to this proposal has been encouraging. A very constructive approach· was taken by all those who commented on the first draft, and after these comments were reviewed a second staff working draft was {·eleased on November 27. This draft clarifies the provisions of the original and addresses concerns raised in many of the comments on the first draft submitted to the committee by manufacturing, labor, and consumer groups, as well as by others.

Of course, it is important to remember that this is only a staff working draft and it still would be premature to endorse specific provisions of the draft, but I think that we are making real progress in addressing the problems of product liability in a fair and comprehensive manner, and I ask unanimous consent that the second staff working draft be printed in the RECORD for review by my colleagues and all those interested in product liability reform.

The current crisis with respect to the availability of liability insurance only underscores the urgent need for product liability reform. It is my hope that the Commuce Committee can begin hearings on this new draft early L11 the next session and that we can move ahead as expeditiously as possible to fashion product liability reform legislation that efffectively and fairly addresses the problems of manufacturers. product sellers, workers. and consumers. It is my hope, as well, that those who study this draft proposal will share their views and concerns with the committee as soon as possible.e

ADDITIONAL COSPONSORS

December 20, 1.985 s.

1912

At tllC request of Mr. DANFORTH, the name of the Senator from Alaska [Mr. At the request of Mr. HEINZ, the STEVENS] was added as a cosnonsor of name of the Senator from Arkansas s. 1912, a bill to provide for 6-month [Mr. BuMPERS] was added as a cosponextension of certain temporary provisor of S. 837, a bill to amend the Social sions relating to the Internal Revenue Security Act to protect beneficiaries under the health care programs of Code of 1954. s. 1940 that act from unfit health care practiAt the request of Mr. DENTON. the tioners. and otherwise to improve the name Of the Senator from Idaho [:Mt·. antifraud provisions of that act.

SYMMS] was added as a cosponsor of S. s. 1373 At the request of Mr. DURENilERGER, 1940, a bill to protect the security of the name of the Senator from Minne- the United St~tes by creating the ofsota [Mr. BoscHWITZ] was added as a fense of international terrorism, and cosponsor of S. 1378, a bill entitled the for other purposes. s. 1941 "Long Term Care Insurance PromoAt the request of Mr. DENTON, the tion and Protection Act of 1985.'' name of the Senator from Idaho [Mr. s. 1710 SYMMS] was added as a cosponsor of S. At the request of Mr. BYRD, his name was added as a cosponsor of S. 194.1, a bill to protect the security of 1710, a bill to establish a motor carrier the United States by providing for administration in the Department of sanctions against any country tha.t Transportation, and for other pur- provides support for perpetrators of acts of international terrorism. poses. s.

837

a

s.

1721

s. 1942

At the request of Mr. DENTON. the At the request of Mr. RIEGLE, the name of the Senator from Ha.waii [Mr. name of the Senator from Idaho· [Mr. INOUYE] was added as a cosponsor of SYMMS] was added as a cosponsor of S. S. 1721, a bill to amend the Socitd Se- 1942, a bill to amend title 10. United curity Act to provide for improved pro- States Code, to improve the security of cedures with respect to disability de- U.S. military installations. s. 1966 terminations and continuing di:;ability At the request of Mrs. KASSEBAUM, reviews and to modify the program for providing rehabilitation services to in- the names of the Senator from South dividuals determined under such act to Dakota [Mr. PRESSLER], and the Senabe under a disability, and for other tor from Tennessee [Mr. GoRE] were added as cosponsors of S. 1966, a bill purposes. to provide for efficient and equitable S. I 855 At the reque:;t of Mr. QU.'I.YLE, the use of operating rights at congested name of the Senator from Iowa [Mr. a-irports, and for other purposes.

SENATE JOINT RESOLUTION 237 GRASSLEY] was added as a cosponsor of At the request of Mr. GRAMM, the S. 1855, a bill to revise the provisions of the Public Health Service Act relat- names of the Senator from Illinois [Mr. Drxo:-~J, and the Senator from ing to health planning.

North Carolina [Mi'. HELMS] and the s. 1860 At the request Of Mr. MOYNIHAN, the Senator from South Carolina [l\'Ir. name of the Senator from Tennessee HoLLINGS] were added as a cosponsors [Mr. Go:aE] was added as a cosponsor of Senate Joint Re1"olution 237, a joint of S. 1860, a bill to amend the Trade resolution to designate the month of Act of 1974 to eliminate barriers and January 1986 as "United States Savdistortions to trade, to provide author- ings Bonds Month."

SENATE JOINT RESOLUTION 249 ity for a new round of trade negotiaAt the request of Mr. DENTON, the tions, to promote U.S. and for other name of the Senator from Idaho [Mr. purposes.

SYMMS]. was added as a cosponsor of s. 1880 At the request of Mr. GoRTON, the Senate Joint Resolution 249, a joint name of the Senator from Indiana resolution to proclaim October 23, [Mr. QUAYLE] was added as a cospon- 1986, as "A Time of Remembrance" sor of S. 1880,-a bill to amend the In- for all victims of terrorism throughout ternal Revenue Code of 1954 to cla.rify the world.

SENATE CONCURRENT RESOLUTION 94 the treatment of travel expenses in At the request of Mr. DENTON, the the case of construction 1vorkers. name of the Senator from Idaho [Mr. s. 188g At the request of Mr. DENTON, the SYMMS] was added as a cosponsor ·or names of the Senator from Nevada Senate Concurrent Resolution 94, a [Mr. LAXALT], the Senator from North concurrent resolution expressing the Carolina [Mr. EAST], the Senator from sense of the Congress that the PresiNorth Carolina [Mr. HELMS], and the dent should declare a State of national Senator from Idaho [Mr. SYMMS] were emergency with respect to terrorist added as cosponsors of S. 1889, a bill acts committed against nationals of to amend title 11 of the United States the United States.

AMENDMENT NO. 1423 Code, relating to bankruptcy, to prevent discharge of administratively orAt the reQUest of Mr. HOLLINGS, the dered support obligations. name of the Senator from South Caro-

December 20, 1985

CONGRESSIONAL RECORD- SENATE

lina [Mr. THURMOND] was added as a cosponsor of amendment No. 1423, intended to be proposed to S. 1404, an original bill to require the President to · respond to unfair trade pr'lctices of Japan.

Merchant Marine Act, and we are amending that act with the compromise.

In fact Mr. President, the description of the amendment circulated by the Merchant Marine Committee's Chairman WALTE:« JONES, stated both the purpose and the reason for the change, and I quote from his text: "Strike redundant paragraph; covered in Merchant Marine Act.."

Given this, I want to make the point clear that nothing in this bill should be construed as changing the definition of availability, and further, this legislation is not intended to interfere with any pending litigation de~Jing with the legal issues surrounding the availability exception of the act.e THE CONGRESS-BUNDESTAG YOUTH EXCHANGE PROGRAM • Mr. LUGAR. Mr. President, I would like to share with you several letters which were received from hi.gh school students from Germ~my who spent a year in the United States as participants in the Congress-Bundestag Youth Exchange Program. Each student lived with a host family and attended an American high school.

These letters are evidence that youth exchange programs such as the Congress-Bundestag Youth Exchange Program encourage a better understanding between young people throughout the world.

ADDITIONAL STATEMENTS

First of all I want to express again my th:mks for making my stay here in the United States possible. It has been a fantastic experience and I'm especially grateful because I would not have been able to come as an exchange student if it wouldn't ha~·e been with the CongreE.s-Bundestag Youth Exchange Program.

Since I'm very interested in politics, this year has been a fortunate one with the election last fall, the arms talks, discussions about Central America, the 40th anniversary of Wwll or President Reagan's visit to the cemetery in Bitburg. It was great to get to know so many vital political issues of the American point of view <that is often similar as it was regarding farm problems for example) because 1 got to see a whole new span of aspects in most of them <American involvement in Central America). This is so extraordinarily great because U.S. politics are so world-important! If I came to J>..merica with a neutral position towards this country I go bac!i as Pro-American, in most respects anyway, and sa.y that our relation in the Western Alliance is an enormous val· uable one!

• But I did not only get to love America, I got to love my oVJn country also. After the first few weeks I saw my own background so clearly, I got to understand my own culture and it became so obvious how I became what I am. It became evident how much each country's culture develops and ow each . country is the immediate product of its his· tory. · During this period of understanding I started for the first tlme in my life to be proud to be German-because we are in a way unique and special ... At the same time I accepted the American way for here but still felt more comfortable with our way and was glad Germany is the way it is ...

Pretty soon my attitude changed into loving this country, its uniqueness, its orlgi-

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nality. I love it because it is so young and consists of so many different peoples-which are all Americans. You could not judge or determine somebody's nationality by race or skin color ... there's such a variety of Americans. <Unfortunately I understand that there's a lot of racism especially in the South though ... I myself did not meet many black people in the Midwest.)

There's so much space around here-you go miles and miles without seeing anybody else ... <In Nebraska anyway ... ) And I was so much "into America" that I forgot my own language to a large degree ... By now this extreme mood has gone over into loving both countries, this and mine. There are negative things here and there and I feel "in place" in boloh nations.

I don't think my personality has changed very much during my stay. but this is difficult to judge for myself! If it has. it will show as soon as I am home . . . I am more self-aware though and !mow more about myself as whe>re or what I want to be and I'm more comfortable in asking favors of other people. Going back I'll leave a home and many friends and since I'm pretty attached to everything I'm going to miss it a lot. But I'm looking forward to going home, too.

MELANIE GRIMM.

Melanie Grimm from Worth. West Ger· many, 17 years old, hosted by Mr. and Mrs. Tim Mattson, Holdridge, Nebraska.

First of all, this year will be unforgettable for me. This year was a full success. I experienced a new way of life, very different from the way at home. I have made new friends. I have a second family which loves me as much as my family at home in crer· many .... ·'

s 18324

CONGRESSIONAL RECORD- SENATE

It is very good that the Congress of the . United States and the German Bundestag support such student exchange. I like to thank YFU and the Congress-Bundestag Program for a wonderful, filled with experiences year.

Cordula Buengener from Stukenbrock, West Germany, 17 years old, Richard and Kathy Fitzgerald, Wyoming, Ml.e

THE CHANGING VIEWS ABOUT . FOREIGN RELATIONS IN KANSAS CITY e Mr. SIMON. Mr. President, whether we want to acknowledge it or not, people in our country are gradually acquiring more and more of an international sensitivity just as people in other countries are.

I visited recently with Eugene Trani, .vice chancellor for academic affairs at the University of Missouri-Kansas City, and he handed me a document about Kansas City and foreign relations.

While Kansas City is some distance from my State of Illinois, my guess is that what he has written about Kansas City could be written about cities in every State in the Nation.

The more open our citizens are to this type of international development, the more likely they are to advance economically.

I believe my colleagues will be interested in Dr. Trani's comments. I ask that they be printed in the RECORD. The comments follows: THE CHANGING VIEWS ABOUT FOREIGN RELATIONS IN KANSAS CITY '

<By Eugene P. Trani) Because the Royals won the World Series, the American people have just discovered Kansas City.- But in this discover'y the Americans have finished behind the Rus· siam and the Chinese. 'The Soviet people learned about Kansas City in an hour-long documentary, "In the Middle of America," shown on Soviet television in 1933, and the Chinese from a documentary, "Edgar Snow's ·Hometown," shown earlier this year on Chinese T.V. Therein 11es a tale worth analyzing. Kansas City is in some ways better knO\vn outside the United States than in New York City, San Francisco, or Los Angeles. And certainly Kansas City is more heavily involved in foreign relations and demanding a greater voice in the making of the foreign policy than ever before.

Years ago this section of Lhe country prided itself on its isolationist tendencies. It was the center of the isolationism that was so influential in the 1920s and 1930s. Active opposition to the spread of Communism was generally supported in Kansas City and surrounding communities, as were the activities of Sena,tor Joseph McCarthy and his colleagues. Even though President Harry Truman, a major architect of modern American foreign policy, came from the Kansas City surburb of Independence, people here · in 1940s, 1950s, and 1960s had little interest in foreign policy and little involvement in foreign relations themselves. What involvement they had was based primarily on moral, idelogical, cultural. or ethnic consid· erations.

All that has ·changed in the 1970s and 1980s. Today, Kansas City and the two · states-Missouri and Kansas-,.which make up the metropolitan area now have multiple

foreign interests and a great stake in foreign . policy.

Much of today's interest and involvement is, of course, economic. Kansas City is t.he home of the Board of Trade, the world's leading hard red winter wheat · trading center. At least 50 percent of U.S. wheat ex- · ports at·e in hard red winter wheat, and the U.S. accounts for 30 percent of the -world wheat export trade. The Board of Trade has attracted a complex of agricultural enterprises to Kansas City; all multinational grain companies have offices here. In addi· tion, Kansas City is the home of the Milling and Banking News. the weekly "bible'' of the grain industry, which in 1972, first re· ported the large grain purchases of the Soviet· Union. American grain sales-or em' bargoes-to the Soviet Union or The People's Republic of China are thus a major concern in Kansas City. Agricultural exports from this section of the country have in fact increased dramatically. According to the latest available State Export Reports of the International Trade Administration of the u.s. Department of Commerce, Missouri's · agricultural exports 'grew from $174,000,000 in FY 1968 to $1,404,000,000 in FY 1982, while Kansas' agricultural exports rose from $296,000,000 in FY 1968 to $1,628,000,000 in FY 1982. In both states. $1 out of every $3 in agriculture came from farm exports. There also has been signifcant growth of exports of manufactured goods for both Missouri and Kansas <$634.000,000 in 1969 to $3,013,000,000 in 1981 ·for Missouri and $241,000,000 in 1969 to $1,517,000,000 in 1981 for Kansas, according to the same source).

This economic interest in exports has led to the creation of a Foreign Trade Zone in Kansas City, and international division of the Kansas City Chamber of Commerce, and the establishment of a number of diplomatic consuls in Kansas City. Kansas City's Foreign Trade Zone, one of the ten largest and the first inland Foreign Trade Zon.e in the United States, now totals more than three million square feet and is operated totally by private enterprise, with no government funding. The increased importance of exports has also led to annual trade missions by the Governors of Kansas and Missouri, with Kansas's John Carlin just returning from Europe and Missouri's John Ashcroft just coming back from the Orient.

It also has led to much greater interest in foreign policy on the part of Senators Thomas Eagleton, .,John Danforth, Robert Dole and Nancy Kassebaum and Missouri's and Kansas's members in the House of Representatives. Senator Dole, for example, was a major force in the decision of the United States to drop its grain embargo against the Soviet Union, instituted by President Carter because of Afghanistan and strongly objected to in Kansas City because of damage to Midwestern agriculture. Senator Danforth has become a leading spokesman on the issue of domestic protection. Finally there has been a significant increase in direct for· eign investment in both Kansas and Missouri.

But it is not just in the economic area that this increased involvement in foreign affairs is obvious. Kansas City has a very active International Relations Council, with more than 1,000 members. Sister City relationships ·with a number of cities around the world, including Seville in Spain, Kunishiki in Japan, Tainan City in Taiwan, Freetown in Sierra Leone, and Morelia in Mexico, and a number of cultural and educational relationships. Kansas City's Missouri Repertory Theatre ha.~ recently presented the English· language premiers of major Soviet and Cl'\i· nese plays. And Kansas City. like the states of Mfssouri and Kansas more generally, has

December 20, 1985

a significant number of foreign scholars studying at its institutions of higher education.

Nowhere is the changing attitude towards foreign relations more obvious than in Kansas City's attitude toward The People's Republic of China. In 1949, Kansas City was a hotbed of criticism for "America's loss of China to the Communists," criticism that extended to favorite son Harry Truman.

But Kansas City was also the hometown of the journalist Edgar Snow, author of "Red Star Over China" and a revered figure in _ modern China. Snow's origin, as well as the activities of some significant Kansas Citians, has led to a special relationship with The People's Republic of China. Thousands of Kansas Citians have visited China and Kansas City is a pilgrimage for many Chinese visiting the United States, leading to close personal relationships.

Kansas City and Xian are in the final stages of formalizing a sister city relationship, and grammer schools, high schools, the University of Missouri-Kansas City <UMKC), hospitals, art galleries, theatres, and many other Kansas City institutions have formal relationships with similar insti· tutions in .China. UMKC has formal.- ex· cha.nge relationships with such leading Chi· nese Unfversities as Peking University, Wuhan University, the Beijing Foreign Studies. University, the Central Conservatory of Music, and the University of Science and Technology of China. UMKC has a significant number of Chinese· students and t:A-ofessors studying and doing. research in Ka.t1sas City, including the son of a former foreign minister. the daughter of Deng Xiaoping's ·personal physician, and the son of China's leading actor. Even Kans.as City's Chinese community, which has strong ties to Taiwan, supports Kansas City's relation· ship with "Communist China."

What do all these Kansas City-based contacts with China and other sections <if the world mean? To be sure, they are not unique. All across America, individuals, companies, marketing associations, colleges and universities, ci.ties, and states are involved in similar activities. These involvements have certainly lessened the "control" of the State Department over American foreign policy.

Collectively, all these non-Washington relationships are beginning to affect the fornmlation and implementation of American for· eign policy. As economic considerations become an even more critical factor in foreign relations, the private, institutional, and corporate involvements with the world can only grow in significance. The old Logan Act, which prohibits private individuals from negotiating with foreign governments, -needs to be updated. Kansas City, and many cities in this section of the country, are be· ginning to develop foreign policies. Watch out Foggy Bottom!e

INTERNATIONAL EDUCATION EXCHANGES e Mr. SIMON. Mr. President, my predecessor, Charles Percy, had an article in a special international education supplement to the Christian Science Monitor.

It is an excellent commentary pointing out the importance of international education exchanges.

I ur-ge my colleagues, and the former colleagues of Charles ~ercy, to read it.

I ask that the article be inserted in full in the RECORD. The article follows:

December20, 1985

CONGRESSIONAL RECORD-SENATE

STUDY ABHOAD: V/E STILL HAVE A LOT TO LE.~m;

\By Chaies H. Pel'~Yl _'\:::. a student a.t the iJEln:·rsity of Chicago 1~·~ ti!t 194&.:;, I exp~rienced fir~t-ha.nd the t·xciif:'!!i.ent thn.t the uni\ ersHy's IE~.erna­ tion~:~.1 House :.t!1.d its foreign rc.::.~dt::;1ts bJ(Yug·tJt to our carnpu.s a:nd (:Gnhnunity.

Fro~n heading th~ ec.r1~· i!1terr1flUonaj ef~

fcrt.s of Bell & HOi'.cell Co. tc lwadir.g the Uf'i Sen:::. te F·oreign ReJatiGns ConU!1ittee. rr1y intf'tT:::t and colnn1iirn.:nf to t.ht ~Ja!1~e of ir'!teror:_ti:)nal cultur::J nnd ~duc:1.t if1n s:xchri!ISf h2s rern(l.ineO sh ;ldf2sr.

'Thc:·e iS nt, qeestion ·:Jf the tremf'ndous i~1:pact intcn1::>J.rnr~ 1 e.ducat.innE! exf:ilanf;·e can !1a.ve in th-e field of forchT!1. PD~ir·:L I het.Vt> seen Urt1t and again l1C1W a pc~sit!ve stud:; -a!Hoad expsrier.~.cc, nu i!l:J..ttcr ho ..J.r brief vr mode:..;t., can ha\·? a life~long i:::HJGct. on an irtdlvictuPtl's at.tit. 1Jde;:; ro\::ard t.he host country. If t.h0sr:- i.r.!didd·..::.:.L;; one d.;.y bf-(Dff!_€> world leaders. the :1npar.t h; e•.:en nHJ.rt ~trildr..~. In J2,p~-1n, fot PXHtnple. rnore than ~o of tile 100 current..Japanese an1.ba~~ saDor:J around the world a.re §.raduates of programs .sponsored by tl·d: InstitHte of Ints··rf!ational EdHcat.ion OlE). Jr..pn!Jcse Prirne Minister Yasnhiro ·r~alca:.one kn.i:"\~,;s p-cr;<:,o:lally the va.1t~e of t'Xch:=t£1ge progra!!1S through his chught.er Me!lc:«·s experience ~'" r•n f·xchangf' student ::it Ebton l-Iigh Scl1oo1 in Indians, son:e 20 ye:irs

~go.

These private- and pubHc-.-:.~cun· expetiencc.s have afforded rr1e the opportt~_nity to devot~ a great d<:al uJ Umf' to tv:v j~)tf.:)rna~ tional educational nrgJ.nizfl.tions-11E. \Vl-~ich thr.)ugh its 14 ofnces wo:ldv.:ide offErs sen/ices to foreign students stuctyir~g l.n ttte Vr~HE·d St2.tes and to US 5tuJcntG abi·cai, r.nd the I-Iariri Foundation. v.:hich sncr~~nrs t.hcn.~sands of undergraduate. gr?..dtu~te . .2nd postgraduate LEb~ne.~t students io the United States, Can~da, and Europe wbo nf'ed financial a~sistanct; and 11·ho will cent.ribut.e a \'Jhole nev; generation of leadership to rebuild Lebanon. 'l''hrough -my a~;sociadon v;Hh t.h~-.st· tv:o groups, I ha\·e seer. i.nternntlor~al students ach~eve greater a1.:varer.e~s of our ct~H.ure and their own. I have seen students :reach for a better understanding of soci~u~:s in tbE, world. and I have seen ~tudenls gain a Hew perspective on their own personal ra1ues. _ 1-et.. while n1or-e than 340,00C i.nternation·

a! .stt<dents are taking ad\·antage of educational programs in L\oe United States, ft'-wer t.hcon 1 percent oi· American students arc adva.nciflg their O\•./n international a•,:.·areness t.l"lTough study·-abroa.d prograrns or cro~5--cu1· tural education.

Thi~ apparent lack of interest ai1d a\,·arenc•3s i;; maniiest througl'!out Amcric8.r: socie-

t:,•:

Th~·

UnitHi Natim:s Stlr·:eycd 30.000, 10diff~?rent countries, Hn,j ~he rt:~:::ult~ placed the Arneric2.:1s next tc• Ja~t in their c-ornprehen::;ton of ~oretg:n cultures.

A recent pol! abo found th:.1l 49 percent of A:.:"!erk:;,ns apparenU?· bel~e··_,e that foreign tncde i.s either irrelev:mt or lumnful to t.he Hlid l<i·ycar-olds in r.:ine

Uuittd SL2Jes.

A Calif:Jrnia profes:oor of ,,·orld g,c·ogmphy wes shocked to find the results cr a map (;~;iz giYen to freshr.·w.n r,tud2nts. One~third GI the cl~.s did not know 1}.~here France is.

'7 :t Pf'!·cer.:.t e:)H~d not fJnd El Snl\·ador, ~~ P!.:rcelJ.t could not fi~1d .Jc,pan Onany ~tE~ o:~Fnt".~

r-oP.fused it wlth Ne\-..- ZE-aland). '-.15 Pf'!'u-:nt. eotild not. find 1r~n. and f14 pc:rc~:)nt co;.ii.d not find Atlanta.

Tb~s la:-:K of cross-cuEura1 a\:. ~:T;:·r.Ess, ho~;.:f·Yer. comes at z t.irr~e ~,yl·!en c.. ur soc.lal, c:~H.uraL and econ0mic en•'in)!1tnent i:; be~ cc;?tlPg increasin~1y intern2.i.ional and ln~:er~ de~:•t:1Hif·nt.

Four out of fi-.re new jobs in the United States are gcr.erated as a direct result. of foreign trade. In agriculture, one out of three 2.cres of tTS farn1land i;:, cultivated for e~:port, ::o.nd a]C;.n·oxirnately one-third of all US corporat.e profits cor:1e fror.L1 interr.c.tion· al activities.

Governrnent ufftcials and ac:;.d·?-~nk:s 'xarn that. US security and int~rnationa1 stancLng are increasingly threat':!ned by o·,Jr own in· a~ility to train incHviduals in jiplornacy,

area 5tudies. and

lan~;uagf'~.

s 18325

Through efforts like ihese and other initia.t.i\'es, we can significantly increaze pubEc a\VE.rene5s a:ad unde!·standing o~· t.he i!npor~ tnnce of cros~~cgltui-u1 training. \Ve can nlso nv1re fully appreciate our O'-"".:n plsc~ in a global society.

I11 recent years our nat~on's dFfense bt.H:IgPt hns inr:rea.sed fa')tt:r than r-.ny other ~rea. Bat wh2.t better "defens~·· c:Jn this n-;.tion. or BY!Y other. build th~;,n through investn~l2.l1l in ft.tu;·e good will and understancllng between 0ur p-2-ople and future g-'?neration.3 of ot.her !;ation:::-?e

Clearly, all le\:e!s of A1nerican education, bu.sines;;, and goH·rnment need bdivicluals who can Sli~-::::essfu1Jy !unction i:1 an interna· tiona! ,;6lt.ing. !NNA MEIMAN New arid creative v.:2.ys of r~.i.sing the o .Mr. SU.-10N. Mr. President, I caU atAmerican public a\l.·a.reness of the goals <tnd benefits of foreigr;..exchange programs· must ten!.ion to the case of I1ma Meiman, a per,snnal friend of mine in the Soviet be fouad.

In the fid<l oi H1ucation. Americ;,n youth Union. Inna's health is poor and detemust. be expooed to international ed1JCa.tion riorating quickly_ She needs medic;;d and l~nguP.ge at an E~.rlier age. New York a.Ltention that only the West can proCity ha.s Jaunch2d a pilot. project to teftch vide_ French, Spanish. and ItaJi~.n to kinderg:>.rTo increase public awareness of ten.· first-. &.nd ::econd-gr<>.de st.udel!ts.

Ir.na's plight, a young Minnesota M~.n:r major US rities now requb·e all highv3chool g;.-adu3.te3 to complete at lt:'ast woman is conducting a hunger strike, or.e year ot foreign-language study. The Lisa. Paul spent 2 years in Moscow and NeV.' York State Bo!lrd of Regents recently ·struck up a friendship with Irma. Lisa passed n proposal t.hat is aimed at. making has been so preoccupied by Inna·s situ· 5\J percent of all high-school students in the ation Lhat she decided to mr.ke a stat" proficient in a foreie,"'l ianguage. public protest, In h1gher ednr;ation. tna.ny col1egf:ls and I commend Lisa for this courageous unl\"crs!t.ies are teif:!Siit.uting lB,ngit~.ge re· act of friendship and wish her well. quirements for gn:.daation.

I ask to print the following article Across the US, educators Rre trying t.o b~oad-=n the base of cuitures and areas stufrom the Minneapolis Star and Tribdents choose for study abroad. Tr~.ditional· une in the RECORD. IY. international educEtion has been orientThe article follows: ed t.o,_,.ard EuTOpe. Emphasis now is also CF'fom the Minneapoli~ Star and Tribune, bei1;g directed to ·;Lud:,'·abroad programs in Dec. 14, 19351 third~v:o1·1d countries.

Pril'at.e organizations like th<o IIE can help "U" STUDENT 8TAR'rs Hl'!'iGER STRIKE FO:ii A to i~crea3e community participv.t!on in SICl{ SOVIET FRIEND inte1·national edut:ar.icn~.1 exchange and pro<By Neal Gendler) vide information End iunding for pubiic un!nna Meiman of Moscow is dying of derst.anding of the rewards. cancer, unable to get treatment in the West, Organization~ t1·1at have country-specific goals, such as the Hariri Foundation, can and Lisa Paul of Minne:o.polis is st&.rting a help lJeP.:r the responsibility for financing hunger strike today in pro~est..

Paul, 23. is a University of Minnesota and directing the career development of senior from Appleton. Wis., majoring in. their own students.

US I:;J.ultinationa1 companies can increase Russhn -area stuc!i;,s. She :met Meiman, who· their contributio!'l by developing scholarship is about 55, while ln :i'./Ioscow for tv.'o year-s programs for st1.:dents in countries in which ·working as a nanny for an American bt:siness exec.utive. Melman W<l.:i Paul's Russianthey at·e doing- business.

All of us e>ln h;~Jp create a resurgence of language tutor and, soon. he1 frle::~d and volunteer et!oct,;. inr.luding international entree into the w·orld of ··refusnif".::~. ·· people who have been refused visas t.o eP:Jigrat.e. student he<LG~:s end rwme-stay programs.

Paul said that Meiman t•ecmne ill in 1983.

Advanc;:d t<:C:llnology is also working to improve the enviwnment 'of international She has had four operations on a growth on education. Groups such as the National the back of her neck, but ti'le tumor continCommittee for Internatior:al Education ues to grow.

"She has been invited by several hospitals through S;:;.t.ellites <NCIESl are helping to int.e;-nati<i!l;clize education by using live, In the West," Paul ~aid this week. "Sweden. ir:;te::-active satellite broadca~t.s to teach ap- Israel, France and the U.S. all have offered pliE"d skills and t.l1eoretic~l knowledge across her treatment, so the action I'm taking is to protest this refusal. It's not to stan·e myseE nationa.l and cult:;ra.l boLmdaries.

Tl:e NCIES learnit~g system provides for until they Jet her go." Paul will take f,·uit juice and vitamins, and she plans· tc end her Jive illl.-o;action by placing stud'o'nts in contact with other cultures via tv:o-way tele1'i- fast Jan. 4. in time for winter quarter; by sion. Nat.ive speakers are shown in an over· then, shr. hopes that Americans will be more S€as n;arketpla.ce. schr,oJ. farm. factc:ry. reli- a•Nart> of Meiman's situation.

Meiman already Is known to Soviet augiml~i celebration. or home. !n language educ<>.tion, for ezample, Sp;;.nish classes in thorities. Paul said that in 197£1, when more Maiyland can be Jir,k.ed with Spanish-speak- Jev:s were being allowed to leave. Melmc,n ing f'Olnmurdt~e;:; in Miami, or Gerrnan class- and her son applied. They "'ere refu>ed. In es i.:n Pennsylv3.n\a can be linked v;ith 1!:'81, Paul said, her friend married Naum Bremen. Wesi G<crrtl:otnv. The NCn::s ~ystem IvieirrlRil, a n1athematidan who belonged tD c::m work both ways-by teaching American the persecuted and disbanded HeLsinki English to foreign studc·nts or by teaching Wateh Committee that monitored Soviet compliance \Vith the Helsinki accords. foreign langnsge~ to A~te~iC2!l 3tudents.

This innovatin• tcchnClogy may prcve as He. too, had ~.pplied to leave and been revnluab.!.e to interrr2tional education as com- fused. The Meiman's mq1 problems might puter technology has been for American in- be characterized in their remarks in the du~try.

Dec. 16 Newsweek about. Yelena Bonner,

s 18326

CONGRESSIONAL RECORD- SENATE

also a member of the watch committee and wife of exiled physician Andrei Sakharov.

"The very fact that a big man like Sakharov had to starve himself to get his wife treatment is indicative of how things are in the Soviet Union," Naum Meiman is quoted as saying.

"Her release is not a concession." Inna Meiman is quoted as saying. "We have not seen a single concession yet."

Inna Meiman needs a concession.

"What this is really all about is about Inna, ail iabels aside," Paul said. "It's about this woman who is very involved in the society, and not come across these people.

"I don't think you should live there and not meet these people because then you can't come back and talk about Moscow and all its people." One of the people she met was a woman who'd spent years in prison and exile for protesting the 1968 Soviet invasion of Czechoslovakia. · "She stood up, with everything t~ loseand she did lose it all," Paul said. "That's what those refusniks are about. Inna said that in some respects these people are the bravest people in the world. You're standing up because you're totally committed to something but you know you'll lose everything ... it makes what I'm doing relatively easy in comparison.

"People· here have told me they admire me, and that's nice to hear, but having those people as a comparison, it's not that hard to make a commitment."

Paul has been training for about three weeks, reducing intake of certain foods.

She's also talked with a physician who once fp..sted for 40 days. Paul said that her family supports her plans.

"My mother met lr,na when she visited me in Moscow, so she really understands," Paul said. Paul plans to go home for Christmas and hopes to get into the news there, too.

"I encourage other people getting sick. . . . Inna has thanked the Soviet doctors and said they've done all they can, but medical technology in the West offers advanced treatment and hope that this can be cured.

Now, the woman has hardly any neck muscles left.

"She has applied to leave for treatment."

Paul said. "They said you can't do that unless you have a note from the Ministry of Health. The Ministry of Health said they don't give out such notes."

Paul said that the Soviet authorities "probably consider her to be so sick that they think she'll die, hopefully sooner rather tl1an later, so they won'd have to deal with this- ... also, like Yelena Bonner coming to the United States, it might say that that the Soviet medical system is inadequate, so why embarrass yourself when you can just let someone go without?"

Paul has been preoccupied with Melman's plight since leaving Moscow six months ago.

She has written to U.S. politicans, but "I felt I needed to do something on this level" both for Meiman and "to draw attention to me so I can talk about the injustice that's going on."

Paul said that her protest "is centered on Inna-my cause-but it's r..lso the whole issue behind this." That issue wasn't something with which Paul grew up as a Catholic in Appleton.

Paul said the issue became hers because she lived in Moscow. She didn't seek "refuseniks," she said, but "I don't think you can live In the Soviet Union two years, trying to get involved by writing Inna directly-a letter of support, encouragement and/or New Year's greetings;· Paul said. "How great it would be for Inna to know the concern others feel for her." Whether Melman receives all the letters, they would make

Soviet authorities learn of the interest in her in the West.

"That's where the potential is in this hunger strike," Paul said. "If public interest picks up, more people write, potentially something could happen." She encouraged people to write, using the Russian address style that puts the country on the top line and the name on the bottom: USSR; RSFSR; Moscow, 113127; Naberezhnaya Gorkogo, 4/22, Apt. 57; Inna !'.'l:eiman. Postage is 44 cents.

Concerned that Meiman might not have received her letter about the hunger strike and that she understand and respect what she is doing. Paul telephoned Melman last week.

"My concern was that she might be really concerned about this burden she'& placed on my life. But she said that she understands why I'm doing it and that she's very touched by my thoughts and what I'm doing.

"She was very quick to tell me to be careful, don't endanger my health. I really feel good about that because from me to her it's a gift of !ove.''e

THE SOCIAL SECURITY SYSTEM • Mr. SIMON. Mr. President, our Social Security system has received a great deal of attention recently. While the 1983 amend.tnents assured the viability of the system, -there are those who would dismantle this crucial program. One of their often-used reasons is that the young and the employed are saddled with the burden of supporting those who do not work. This argument smacl;:s of both greed and ignorance.

A long-time authority, Elizabeth Wickcnden, of the study group on Social Security has recently published an excellent overview of the Social Security system.

I 8.Sk that the following factsheet be published in the RECORD.

December 20, 1985

and Disability program while over 30 million older and disabled persons have part of their medical and hospital bills paid through the federal program, Medicare.

Entitlement to all of these benefits derives from special trust funds financed by contributions from workers and/or their employers. 122 million workers today contribute to the OASI, Disability and Medicare trust funds. All of these millions of persons are bound together by a compact of mutual confidence that rests on statutory provisions governing payments by those now working and benefits to those now retired. This represents an 1.mprecedented social partnership. Still there are questions. especi:ll!y from younger workers.

WHY THIS PAPER?

Like others concerned with social security I am sometimes confronted by angry young friends. They say something like this: "Why do I have to pay these high social security taxe:; when everyone knows the system is going bankrupt and won·t be there when I get old?" or ''Yom1g people like me are being ripped off to pay for benefits to old people who don't need them." or "Why can't I provide for my old age with IRAs or other investments? I can get a better return on my money than they can." or "Why should I be forced to worry about my old age when I need the money now that I'm young?"

The point of view rEflected in these questions <nen though that of a vocal minority) 1 seriously challenges a system which depends for its vitality and survival on intergenemtional continuity, financing and confidence. No one takes it lightly. This "Open Letter" seeks to reply to this challenge. \VHAT IS THE SOCIAL SECURITY SYSTEM:?

The social security system is a lifetime social insurance program that protects virtualiy all working people and their families against loss of earnings due to death of a family breadwinner Uife insurance), longterm disability, old age retirement or widowhood.2 It also pays for part of the health costs for the elderly and long-term disabled? These programs are financed by a charge against earnings (payroll tax), half Is IT TRUE \VHAT THEY SAY ABOUT SOCIAL paid by the employee and half by the emSECURITY? OPEN LETTER TO YOU:<G WORKERS ployer <except for the self-employed who INTRODUCTICN pay a comparable a.-mount in their own The passage of the Social Security Act in behalf.) Unemployment insurance protect1935 not only estr,blished a landma,.k insti- ing against ioss of earnings due to involuntution but also launched a natior.a! debate tary unemployment is also a form of comabout its financial soundness th•1t continues pulsory social insurance but since it doe:; to this day. Particularly at this time. where not involve an employee's contribution it concern about the growing national deficit does not raise the same kind of que:;tions. In is high, social security becomes a favorite- all cases the worker receives part of his however irreleva."lt-target. It is natural for comoensation in cash and part in entitleyoung people, whose future seems to stretch men-t to future benefits. indefinitely before them in a fog of uncerTaX"!S tainty, to be among the first to raise these Unless they have the misfortune to lo<;e a questions and sound these alaiW.s. This paper is, therefore addressed primarily to parent in childhood most people initially enyoung workers though it concerns everyone counter the social security system with who receives or hopes to receive social secu- their first job. For many it is a shock, for rity when the family income from wages or- which they we:·e Uttle prepared, to find that their first paycheck has been reduced by a other work stops.

Part of this alarm seems to spring from somewhat mysterious tax called FICA •-for the very success of the progrc.m which has undergone successive changes since 1935 1 A rece!1t survey. conducted by Yankelovich. through amendments that undertook to Skelly and White showed a majority approval rate broaden protection against economic insecu- by young persons under 34 years of age but scn;e rity. Today, fiity years later, it is hard to re- dot:bts about the future of the program. A substanmember or imagine the time when impover- tial majority ~aid they would remain in the system ished old people had only the poor house or evE;n with an option to get out. :! Social securi1..y ha.s been made increasingly the reluctant generosity of their children to carry them throu!;h hard times. Widows, or- gender~free so whenever a sex-related term is used it shou!d be L1terpreted a.s applying to both sexes. phans a.nd the disabled were also reduced to 'For definitional purposes Medicare has be~n inthe humiliation of charity, begging, or tpe eluded here even though it is not discussed in ti1e poor house for their survival. Today nearly po.per since its problems are different from tlwse of 37 million individuals receive monthly cash benefits.

Federal Insurance Contributio!ls Act. checks from the federal Old Age. Survivors .f.

December 20, 1985

s 18327

CONGRESSIONAL RECORD- SENATE present time this

employed on earn-

reflect cost-of-living increases <popularly known a;:; the COLA).

!raximu:m of $39,600. ;;rust funds for Old Di,~bility Benents and iYJ<:urance for people over totally disabled. equal amount from :1eH~en1ployed rnust pay a cash benefits and

A favorite charge of those opposed to social security is thfl.t it is not "insurance" at f.ll but :really a "welfare" progra:n. Since these aTe both rather ela:>tic terms it is D!"Cessary to b1·eak them down into specUk components.

trust funds may only security benefit3 as the :o.dministrative ;\ny surplus must be of the Federal govon sp€cial social secubHween 11 and 13.75% time the Social Se-

,:;;t,ovling an excess of this trend is expectpeople predict the acthis differen::;e may txi:!ion dolla;·s before it

to an increase in of the baby boom .bnuary 1, 1985 this re· 47 billion dollars.

Benefits ari! their ·avera.ge worked a minit~ependents

the~e

death, long retirement. Fuil 65 but people retire at 62 with Persons who 65 receive a !"etirement up only to those requiren1ent is , the knit on reduction of

security t\vo-earr;er non-workn:ake such a would reand long :-vould conFOgram.It

benefit by their

following nings, ~:2% 11.ny remajn-

note that a:·e adjustnational This is up><!ard ad(rJso kno\>m formula

~"'"'' ni ,,,,,,

IS SOCIAL SECURITY INSURANCE?

Street would be the first to complain while contributions would have to be substantially rai~ed to sustain such a large capit2.J fund.

A consen·ative system Actually, compared to other systems. the Americ:~.n

social security system is extreme-·

Jy conser;;ative. It is a self-contained system and virt'.!hlly no general revenue funds ha\·e. been used to pay benefits. In many other Pooled risk systems the financing of 'social security is Social security is insurance in the sen5e shared on a three-way basis: worker: emthat it pools funds in order to provide pro- · ployer and government funds from other tection again:;t shared risks. Some of these source~. V,'e also base our financing on sevrisks involve situations one hopes will never enty-fh·e y;:;2r actuarial predictions of occur: i.e. ea..-ly death, long-term disability future needs and income. longer tl!an any and hospitalization. The contributors who other country except Canada. Tll<Ose are never get their money back from these subject to constant review by the Bo:trd of funds are the lucky ones just as ne-.;er recov- Trustees, reguiar advisory councils mandatering money invested in fire insu:rance is ed by statute, special commissions <as in considered h:ghly desirable.

1983) and the Congress.• .~.t the present time the system is runr.ing a Si'rolus. as Old age retirement Old age is different since it is generally re· planned in anticipation of a growing aged garded as a g8a! to be desired. People w&nt po;lulation. to live b>':,'ond sixty-two and most lool~ forSo('ial Secnrit?: and the defic-it ward to retirement. They are willing to pay To anyone who knows the care and caathe prlee for a reasonable level of wage re· tion with which social security financing is placement. In this sense it is like an annu- monitored and fine-tuned <as evidenced in ity. also a form of insurance. The risk here the adjmtments made by Congress in 1983 lies in the question of longevity: Those who to meet a temporary financing problem) the die early pay tt::: prices for those ,.·ho live widespread fear that "social security is longer. going bankrupt'' seems totally unreasonEntitlement r.ble. It seems rather to reflect carefully It is aLso typically insurance in that only n;trtlored prop~.ganda by those who don't those who have ma.de payments i.J-cto the like the idea of gove!'nment.-sponsored supjoint fund or are deperodent on someone port for those outside the labor force, howwho has done so are entitled to draw bene- ever fil~'mced. fits from it. The "entitlement" is based on This is also true of the present effort to prior contl'ibutions which are in tum tied to make socin..l security the scapegoat for a work. The beneficiary is drawing down on budget deficit largely caused by sky-rocketthe "protect.ion" he earned while he was ing defense-related expenditures and ill-~.d­ working. This is one of the primary differ- vised tax cuts. Social security, as a self-fiences from "welfare" as we eommoniy use na.'1ced and aetuarially dctermit1ed program the term, where "entitleme:Jt" is based on cam:;ot. under preGent provisions of la·.v, current "need", a much less easily defi1·1ed contribtJte to the real deficit. Present law concept. Entitlement to ><:elfare payments is requires that all social security taxes be de· qu:?.liiied by how the public is willing to posited in the trust funds and e.ll social sedefine "need" which in turn depends on curity payments be made from tbe trust how much it is willing to pay. Hardly an funds. Only the unrealistic inclusion of the "entitlement" at all one might say.• Social funds LD the Federal UC~ifil;d Budget makes security benefits, on the other hand, are it appear otherwise and even PreEident b<J.<ed on :md related to Joss of earnings, a Reagan has recommended that they be refar more :>.ccepta.ble basis for higher pay. moved. Should funds ever J:un short. despite ments. all the care taken to assure their solvency, it is unthinkable that Congress would permit Full funding Opponents say that it is not true ir.sur- a program on which so many people depend ance because the rights of neither the indi- for present or future benefits to go bankvirlual nor the collecti\'e of individuaLs are rupt. To raid its trust funds for purpose:> fully "funded". In private insura.-'1Ce the in- unre1ated to social security needs <including suring company must have enough money those deemed necessary to its mvn future laid by to be able to pay off ail the benefit solvency) bEtray;> the basic provisions of the rigi1ts of ~ll insured individuals at any one Social Security Act. time. AB an L11dependent voiuntary entity its BUT WI!.!. I C;ET MY MONEY-B.~CI-::? 7 continuity, and hence its continuing income Social Security a$ p-rotection. from new policies, cannot be assured in any In part this question reflects a lack of unother way. Government, on the other hand, is ru;sumed to be continuous. Thus, in social derstanding that insurance invoh·es protecsecurity, current. contributions from those tion against risks that, though universal. currently working pay the c~urent benefici- are not equally incurred. Obviously the rm.n aries, while it is assumed that they, in their with a dependent wife and four children turn, will be sustained by future working who dies at thirty-five will get more in beile· fits thl!!1 the single man who dies, without generations.

Until about 2030 these current contribu· prior interruption of his t"Jorkirig· career. at tions will be enough to cover current costs; sixty-se·;en. Protection as a poEitive good is after that time the accumulated surplus ~md not always well unden~ood in a sociEl secuinterest will supplement. It is the good faith rity context even by thos2 who pay high of the gove<mnent, plus the continuing cal- premium.s for priYate life insurance and cul3..ticns of future obligations and income other forms of insu:rance on which they by qualified actuaries, that sustains the system. A program as huge as social security 6 See also: Social Sec-uri tv: A Declaratio"f! of Confiwould require much more than the present dence a-n.d Support by Priua.i-9 Pension Professiontrust fund to be "fully funded" and could als <enclosed>.

7 totally dismpt the capital market. Wall Attn.ched herewith is a pn.per "Do Young People ~See fact stw·et No 13 Social Securtty: Why Not a

Mean5 Te:;t?

Get their r'Wioney·s Vw'~"orth From Sodal Security?''

by Rob~;>tt .J. :r!'1eyers, form::r chief ?.ctuary for the Social Security Admir.~st.ratic.n and a highy !'esr-'ected expert in this Leld.

818328

CONG~ESSIONAL

hope ne\·er to realize. Moreover. younger workers bear 2. greater risk of leaving young children in case of premat'lre death or d!sabiiit.y and hence have a ~pecial stake in t}1ese aspects of the program.

Social aspect

But probably 1nore iG:.pvrtanL is the fact th~t social security ?.s social in2urance includes a .~ocial COlT~ponent thJ.t \Veights the teneH~ forrnulct in favor of Jew tarners, ~llo.sc \vith dcpE'ndenLs and early entr3nts into the systeEl.

C,f speci~1 intere~t to youLg E~~rn::rs u.re its llfe insurar.ce and disability proVlsicns whic:1 offer lllern ir:unediate pro tee Lion.

Eren ntore llnp-:>rtant to nu)st is the assurance thc.t their parents are ?.dequat;:ly provided for rather lhan. as was 20 common in earlier days, having to turn to their children for help. I am not one who thinks the present §!(~!12ration of young v.:orkers is more maly~rtali-.;tic:, selfLcenterrcd and self~sh than its predecessors but I do think it is confronted by a barrage oi propaganda that makes no distinction bet·;;,en earned benefits based on an objective stawt.ory formula and welfare assi3tance based on a.n individual determination of need.

It is also important to bear in mind the signiiicant role of the employers· contributions to the financing of the system. S0mc difference of opinion exists about the nature of this contribution. Economists tend to see it ~.s an aspect of Lhe labor cost of the system but workers tend to think only of tile amount deducted from their own paychecks. In Lhe aggregate this makes little difference in tile financing of the system but it does m:1.ke for a differ~nce of perception to the worker. While iL is natura! for young people to be cardree about the future. the society in which they live is not ri2k-free. Along with tllc rev:ard~ of entering the work force, they need to share its responsibilities or. as Jus\ice Holmes '"'rote, "Taxes are whal we pay for a ci\·iJized society.'' \VHY CAN'T I OPT OUT?

The Heritage Foundation. the CATO Institute and other sources of conservative thinking. including even Ronald Reagan himself before his presidenti:J.l aspirations changed his utterances if not hi:; mind, ha\·e advocated that indi,·ictuals be permitted to withdraw from the system. Sometimes this is accomp,mied by a requirement that they purchase equivalent protection through IRAs <Inrli,:idual Retin~ment Accounts> or other priv-::,te means.

A multiqeneraliona.l syst.cm

This may sound like a reasonable idea to some innncents i:lut for those who know the dyna.r,1ics of the American system it is a clear death sentence. It would be mc.re slra!gb.tforward and honest simply to recommend repeal of the program. For it is the contributions of tl10se '-':ho are working that simultaneo•Jsly build their own <>ntiL!emcnts and provide the funds for curr8nt benefits.

For the individual il is a transfer from l1is working years to ilis non-working :;ears. Collectively it is a tmnsfer from production to those no longer producing. To the extent that the ma.iority of these latter are retirees or their widow it is an intergenerational transfer. It assumes continuity, reciprocity r.nd a sense of respon:>ibili!:y for the common weaL Vliithout lhe contributions of younger workers. there \Vould not be enough money to pay benefits to those whose contributions had ··evrned" them a.nd the self-financing chuacter oi the system \\·ould be destroyed.

Since it is hard to believe that this vast number of people would be totally abandoned by society, general revenue funds

RECORD- SENATE

•Nould have to be proviced in this c-;..;;e. At this pGint a true intergenerational conflict v.-ould ensue and a means test to winnow cut all but the most needy would become almo;:t innitable.

December 20, 1985

ing rc.mendment. IL seems equally inconcei\·able that it should not continue to develop aE needs and resources make that po~sible.~

TRIBUTE TO DR. FRANCES KEPPEL • Mr. SIMON. Mr. President, I rise rrice, including the many protections af- today to pay tribute to Dr. Francis forded by thz social security sys~em. IRAs, Keppel, distinguished profes<:c:r of fot· the most part, im;o!\·e a substantia! risk Harv:J.rd University, and are not available-as is s:xial security- education at for !vss of income prior to old ag;:. They in- former commissioner of education and volve no dependents' benefits, no prcduclivi- chairman of the National Student Aid ty ad..imtment aud no COLA. Many your:g Coalition. Most of my friends and colworkers would not be able to rnake such leagues are unaware of the important purchases voluntarily and wculd of coL:rse role played by Frank Keppel and the lose the en:ployers' contribution.

National Student Aid Coalition in forThe public interest mulating student aid policies over the From the point of view of the publ:c inter- last 5 years. On December 12, the coaest there are two perspective.-;. On th;: one iit ion held its final n~eeting and Fran..~ hand foregoing social se~.urity Luxe., on a substantial share of earned inconie as the Keppel provided a report to the coalisource of support for the ~:;stem is a luxury tion on its activities from 1981-85.

It seems appropriate that the coaliv:e can ill afford, especi;:,.lly in this deficit period. IRA income is taxable only after re- tion would conclude its formal activitirement and the interim lo<s is a heavy sac· ties on the same d!'.y that the Senate rifice of badly needed revenue. If IP.Ss were Subcommittee on Education, Arts and treated as t.he prin1ary provi.>ion for retire- Humanities took the first step-by ment their level and extent <and hence the revenue lossl would neces:oa~ily be greatiy marking up-toward reauthorizing the expanded. This can be de?cribed either as a Higher Education Act in the 99th Contax shelter or a tr,x exnenditure <social ben- gress. Much of what we have done is efit tied to the tax systeml or both but in a.ttributa1 to the fine work undertaken any case the public is the loser. Gin"n any by the coalition. As the former chairoption on their use, the middle or npper man of the House Subcommittee on income group would be the gainer; lower Postsecondary Education and a income workers would not. be able to afford member of the Senate subcommittee, I t}1is luxury. have seen first h?.nd the work of the WHAT KIND OF SOCIETY DO WE WANT? coalition, the contribution of its exectlThis brings u.~ to the secor.d point of inter<'st, i.e. \Vhat kind of society do we want tive director Linda Berkshire, and the leadero;hip of Frank anyway" We are not, as we often boast, the outstanding most generous country :n the world. Twelve Keppel.

The other industrial countries s spend more on Potential !css to young u:orkcrs The young worku -wouid have purchased his ireedorn from FICA taxes at a h2avy

public social programs in terms of percentages of their gross national product than we do. The scJf.contained nature of socl:l.l security financing has served !i.ll generations well in protecting benefit levels. Young people do not have the admntag·e of U:eir elders like me in rememberi!'g what life v:~ like before the Social Security Act was passed fifty years ago and sub.>equently extended in coverage and protections. The passing of a predomi!lantly agricult~u-al society deprh·ed older family members of l!1c protections fann ownership providr!d. Increasingly the widowed. di~abled, and elderly were forced into choosing between the ignominy of poor hoU5e or poor law relief and putting on their children a burden they could usually iii afford, often depriving grandchildren of educational opportunity.

Our social security system. starling from small beginnings in 1935, has fol!OWI"d the intentions of its original designers" by developing into a prog-ram that protects most workers against the major reasons for loss of earnings at a le,·eJ which-l•;hile far from la>'ish-is increasingly adequate. It is a brilli<:.ntly integrated system, balancing income with outgo over the years, equity with soci2.l purpose, and preserving the dignity of objective entitlement based on earned rights.

It seems inconceivable that it should b~ destroyed either directly or by equally dr,mag9 These are figures from thE Organizc.t.ion for Eccr.omic Cooperation and Development y;hich includes nineteen of the most industrialized countries outside the Soviet bloc. ';l See FactEheet No. 11 Original Intent! ens. by Dr. Ei:eline Burns. See al:;b the 50th Anni\·e.rsary Edition of the Report of the Committee on Economic SecuritY published by the Natim:a.l Council on Social \Velfare.

in moving students. ~ion and er. there liv~ reflcelion all of tllc " ... il for

" ... One of the important outcomes that can be expected from the support requested of private foundations by this proposal is the del'elopment of mechanisms by which that support can be obtained for subsequent

December 20, 1985 Yf<'trs

Pwt in le0s elegant

lao.~uage.

lhis means

tL:tt the Coalition. made up of a cluster of t:"'(l\icf!l.ional org?..l··.ization~:. \\'8.S to watch

over the "rr1t·chanisn,·· of de1iveri.:1g stl!d>:nt 2.id. tO try to mil.intrtin a p:J..rtnership in dn~qg

so. and:. stay out of "policy'' r.oo:tt.ters

rno~e z.:uiLed t.-:1 tho.se \'.:ith gi'eRte.t compe~

aEd a:. tthority. Ironically. hov..-ever.

Cu:..;lition project was .started aL a tin1e DI the changiGg oi the tide, f:.nd it besame alnooBt impo,;sible to separate mechunism fron1 policy. The Coalition had to wrestle ~:ith the follovjing !J'lradoxes: Estc:.blished to rrH::nitor t.he systl2rn of de~ livering student financial <>.id for the poor, the Coalition found itsrlf entangled in the e!'fens of the 1978 federal loan P1'Ggram to rdp the middle class meet rising college cost.s-a prog:-am 1\ hich absorbed federal appropriations Jil<:e a sponge. The Coalition, thHefore, had to gi;•e major attention tn adju~t measures of parental financial responsibility to the demands of political winds and a ch:>.nging economy, a daty perhaps more suited to the po~ilicai sector.

Established to help maintain a ··partners;·,jp between federal. state, institutional. and private sources of student aid, thB Coalition had to spend time tryiJ,g to remind the Washington establishments that there wa.s life beyond the Potomac. Even tt;ough the Actministration's policy apparently ,,·as to t.ransfer many federal decisions to the states and the private sector, the Adrninistration·s actions seemed insensitive to the rf'asoning of the Federalist Papers.

Established at ie~.st in part from--a concern that the poor m:1st find access to higher education, the Coalltion soon discovered that many institutions were becoming more concenwd with maintaining enrollments bY <~.t.tract.ing as many students as they could, young or old, poor or weli to do. Student financial aid became interpreted by some as aid to institutions of h:gher education.

Estr,blished :1t a ti!ne th3 t inflation had outrun college charges. increases in college charges soon outran inflation, thereby raising doubts about the wisdom of a federal policy that t.i.ed appropriations to prices set by the colleges themsel1·es. In New England. for e;-:ample. between 1978 and 1985, inflation was reported to rise 69 percent while cost.s at public institutions rose 113 percent and private, 120 percent: Estabiished in the context of an Act of 1965 designed to provide equality in access to higher education to tl1e poor and minorities. the Coalition found thHt progress tr;ward that goal had eitl1er levelled or even begun to reverse. This deveiopment did not seem to be of the compar~,ble concern in 1985 that it was in 1%5.

Established to advise both the Executive and the Legislative branches. the Coalition soon discovered that the massive clistrust that developed between them on student filllm'.'i~.! aid resulted in delayed decisions and inefficient d'2livPr; systems to st uder.ts and institCJtions. Since it was scarcely the Coalition's position to deal with the root prob· leL'1. it found itself having to treat the symptoms.

Established to consider student financial aid at both the underg-raduzte ancl the grad-· ll;"l.t(' and prc.fessional levels. the Coalition found that it was not properly constituted for dealing \Vith post-baccalaureate issues. and tmd to try to persuade others to take on !.he task.

Established as a forum which included associations repro.senting different types of in· stitutions of postse('ondary education, t.he Coalition found it easy to reach consensus in recommending ways to improve the sen;ice if the pie was made larger. Hov:e1:er. it ~:;nee

t.11t

s 18329

CONGRESS!O:'l"AL RECORD- SENATE

from sources other than foundations

found that l:s membership preferred to sepai'ate ln:o conipeting groups when t!1ere ·;,:as less pie ..And ~.vben i~ came to calculating the size of t.he pieces of the pie and the c;uaiity of sf;rvi~e. th~· Con.iition. which ·was not establisiletl to deal ~:x.rit:.h such issues, teca:ne, or.: cc·:-asion, ir;unobile aEd do\vncast.

Despite the origingl intent in establishing the Ce~.!ition, which planned .for puticipation by leaders of org::mizat:ons from outside \Vashingt~~Ll. in practice, t.b.ose 2..tt€nd· ing the mEetings as- repreEcnla.tives of tbe fi1e!nbership organi?,ations turned out to be \\' d.Sbington st.aff tnembers.

In' an effort to carry out its task under these circunlSt.anees. the Coalition reorga.. nized the Committee on Need Assessment and Delh·ery which a.rmually proposed changes in the (euphemistically titled) Unifor!11 Methodology 2.nd saw those proposals accepted by appropriate authorities. It sought to strengthen understanding of the complex partnership of federal, state, private. and institutional sources that provide ftudent financial aiel by putting them on a chart. The result described a period of 18 months, printed in four colors, witll three kinds of boxes as symbols of points of decisions, and in its origi!1al form, required a chart of almost 18 feed in width. It had its desired effect-to show that delay in decisions anywhere along the line results in some students some·where being unable to get. to college. The Co2.Jition also was able to document the case that those in greatest need of information about student aid received t.he least and at the least appropriate time.

However, efforts to obtain financial support for the Coalitions's continuation from its membership failed.

The Coalition's competent. energetic and well-irdormed staff did yeoman work in findir.g out what w~..s going on, telling about it to tho:;e who needed to know, and pu1ling tegether data from a myriad of sources. The resuli \lias that tl1e Coalition became a trusted source of information that was used by both the Legislative and Executive branches, both political sides of the aisle. and even by competing educational interests. The Chairman came to feel that the work of the staff alone justified the generous grants of Carnegie and Ford, e·1en though it might be tactless t.o document the numberless instances in which they helped to accomplish the sensible or stop the foolish.

The hearings of t.!1e Congress in 1984 and 191:!5 on reauthorization of the Higher Education Act of 1965. however, provided the Coalltion an opportunity to pull its effort together to seek ways to carry on some of its functions and make some suggestions that could improve the delivery s~·stem of studEnt financial aiel. At the time of writing. the foJlo·,ging seem to have some chance of emerging in the legislation now making its v;ay in Cong;·ess: 1. Congressionally appointed and funded Advisory Committees to review methods of establishing student and parental resporuibility and ability to pay the costs of undergraduate and graduate education; to comment on regulations designed to carry out programs: and to undertake other studies and analyses on the iru;truction of Congre§s.

If established, these Committees could carry on part of the Coalition's work.

2. A new need analysis system for federal Title IV programs.

3. A p!·ograrr. designed te proYide i.i1formation and adYice to students in high school, pa·rticularly in the early years, about available student aid and how to benefit from it-a program air.1ed primarily at the poor. minorities and what has come to be called non-traditional students. Evidence obtained

bv the Coalition suggested strongly t.h&t. hick of such prograr.1s was a serious block to Hc-hievir.:g eqt~aH~y of access to big.her educa-

tion for th;:;se groups.

4. A I>'I;c~ter Calent.ic.r ma.ndated by C.:mgre5s 5Dve::Ei11g decisie>ns on is~ues relc:ted to tht· dElivery of stu:!ent aid. The {:>!endar is desi?TlE'd to avoid delays in providing in-· formation and in devel09ing ar.d distributing ~;t!tdent aid Im·ms n;>eded by students. !J~.;·ents. and inEtitutions.

5. A considerable number of technical amendments to Ti~le IV intended to p;·ovide oil or g:re:_~se t.o the n1achinery of dellv~ring studt>nt aid where experience had show" the need of reducing friction.

This final report must therefore include a mix of some tasks aceomplisl"lect, some untouct,ed. some failed. solile b;;.1·ely st~.rted (such 8.S improvil.g the access of poor an.d minorities in the l;:;.st four years). a;1d some still in the stage of hcpe.

But en one topic there can be no do~Jbt­ the !oral and intelligent work of thousands of financial aid administrators has been a major factor in delivering assistance to millions of young men and women. and for this, the Nation should be grateful. It should be even more gr2.teful for the continuEd willingness of p;;.rents and students of all economic ciasses to pro·;ide funds from their own r<:sources to finance postsecondary education-a willingness that is not matched anywhere oversEas. The CoaHtion may not have olayed much of a part in maintaining this magnificent tradition, but it can at least report that it tried.e

e

SENATOR ROCKEFELLER'S QUIET DILIGENCE Mr. LEVIN.

vembe:r 19, Senator spoke to the Sen21te could be learned of

tile

str:i.ke. Senator was a reasoned labor-management ir:.dispenssble

ing steel and other critical industries to me~:t the challenges of international competition. us who heard the speech it perience in and Senator the What too was how volved Senator in the effort burgh Steel.

An editorial in the Charleston Gazette, dated November 27, entitled "Quiet Diligence," provides a detailed picture of Senator RocKEFELLER's extraordinary mediating efforts. The editorial observes that he "labored behind the scenes for 9 months, s•J:eating out compromises, coping with problems, rare:y grabbing the news spotlight in the manner of most politicians."

I commend my colleague for his unique role in the Wheeling-Pittsburgh situation, and I ask that the editorial from the Charleston Gazette entitled ''Quiet Diligence" be printed in the RECORD.

s 18330

CONGRESSIONAL RECORD- SENATE

The editorial follows: QUIET DILIGENCE

tinguished senior Senator from Colorado, my friend Mr. HART. The essay, entitled "Beyond Economics," appeared in the Autumn issue of the Journal of Family and Culture.

The Senator has distinguished himself once again by looking beyond the limits of conventional wisdom for insights into the social forces we in Government are charged to deal with. He refuses to limit his thinking to that acceptable to any rigid doctrine, left or right. A small testament to such can perhaps be inferred from the fact that the Journal of Family and Culture has seen fit to publish Mr. HART's views.

As for his observations, let me say simply that Mr. HART has once again lucidly delineated a reasoned response to a matter troubling to all of us: The lilhortcomlngs of economics. His is a .prescription for a "new, broader, more fundamental framework that includes economics. but that places it in a larger context built of our values, our culture, and our non..'Tiaterial needs."

I encourage my colleagues to spend a few minutes considering Mr. HART's views. It is, most assuredly, important reading.

Mr. President, I ask that a copy of Mr. HART's article be included in the

Most of West Virginia's economic news • lately has been bad. Volkswagen will phase out 871 workers in South Charleston. FMC closed a 400-worker unit in ~he same city.

Union Carbide is offering psychological help to hundreds oi laid-off employees. Mason Glass at Jane Lew closed when its 60 workers wouldn't surrende!' half their pay.

But there's an eneouraging note: Wheel· ing-Pittsburgh Steel has been pulled back from the b;·ink of doom and 3,200 employ· ecs-751 of them West Virgin.ians-are at work under a cooperative contract that gives them a voice in management.

The . 'Vheeling-Pitt reprieve happened partly because Sen. J.D. Rockefeller IV, D· \\'V, labored behind the scenes for nine m.onths, sweating out compromises, coping with problems, rarely grabbing the news spotlight in the manner of most politicans.

Last February, comml!nication had ceased between former Wheeling-Pitt chief Dennis Carney-a brilliant but difficult executiveand United Steel Workers leader Paul Rusen. Teamwork between union and man· agerr,ent was needed to induce banks to refi· nance the desperate firm. Rockefeller called both men to his office and they resumed talks.

Later, wheP the truce faltered. Rockefeller flew to Pittsburgh, brought the antagonists together, and brokered a wage package and debt restructuring plan. He accompa· nied Wheeling-Pitt leaders to New York RECORD. banks. He urged General Motors chiefs to The article follows: renew steel orders from Wheeling-Pitt.

BEYOND EcONOMICS When the suffering firm went to bank<By Gary Hart) ruptcy court and workers struck, Rockefel· Among the things pntdent polit.icians usuler's staff logged thousands of hours in the salvage effort. Aide Phil McGance manned ally avoid is putting forth ideas that are what became known as Rockefeller's "full- tentative, perhaps in·~omp)ete, and almost time vVheeling-Pit.t ·desk." A key concern certainly controversial. But the times we are during the dark days of the stril~e was to living in demand new thinking. We canaot prevent cancella•-ion of the Follansbee mill develop the national policies we need for being created jointly with NisshLr1 Steel r.ad the remainder of this century and tt.e beto avoid loss of its $8.7 million federal grant. ginning of the next by endlessly debating A turnaround came after major stockhold- the respective merits of Herbert Hoover and er Ailen Paulson deposed Carney and l<'.D.R. We need new approaches, and these brought in a new chief executive gifted at seldom spring full-gro"-'Il from the head of wringing compromise from chaos. The con- Jupiter. They require politicians, among tract that evolved was based on partnership, others, to put forward some hypotheses, with workers accepting a pay cut in return some tentative conclusions, some ideas that for dccisionnmking power. A Rockefeller may or may not ultimately be right but that proposal-an escalator to increase wages if move UR along the road toward some new the companY prospers-was incorporated in perspectives on our world and where it is going. the contract.

This article attempts to do that in refer· In a Senate speech iast week, Rockefelier didn't tout his own role but lauded the "vi- ence to a subject that concerns every citisionary" contract for its "virtually unprece- zen: economics. The ideas offered here a!'e dented commitment to partnership between in a formative stage, and they are tentative. workers and management in sharing the Some may be obscure, and there may be some false leads among them. But they confuture of this company."

A multimillion-dollar payroll has resumed . stitute an attempt to move beyond !;he usual pumping life into West Virginia's Northern economic debate over tax structe<res, interPantumdle. It didn't happen through boos- est. rates, the money supph·. and <he deficit. terish Commerce Dep:utments or dramatic These are all important subjects. But taken - news announcements. <Gov. Arch Moore alone or together. they seem in many ways reaped me-re publicity in one day of flying to miss the core economic issue: the quality _ to Foliam;bee to hand out unemployment of our lives.

How can we see P.lore deeply inLo t-he checks than Rockefeller did in nine months "d1sm:od science" of economics? A good startof quiet effort.)

Wheeling-Pitt isn't out of the woods. The ing point might be the realization t!L'lt in a corporation is $50'J million in debt and its larger cultural ai!d s"ocial :::en~e. all econontic pension plan must be bailed out by federal policies have been failing for at least a ceninsurance. But the cooperative labor con- tury and possibly longer. Time and t:me tract signed Friday is a hopdul step-one agafn. nations h'1ve succeeded economiealreflEcting plenty of backst&ge work by Sen. l:\'-both in tern;s of growth and distrii)ution of wealth -only to find social dissatisf a.ction RL,ckefeaer.e growing. not dhnin!shlng. The econorrtiC su~­ cess of the Victorian period in Euror;e bred enormous dissatisfaction in virtually every BEYOND ECONOMICS social class, leading to serivus internal instae Mr. MOYNIHAN. Mr. President, I bility. In America, the economic success of rise today to bring to my colleagues' the 1950's was fo!lo•,•;ed by the widespread attention an article written by the dis- social tunnoil of tlle 1960'>. And the dissat.-

December 20, 1985

isfaction was led by many of those who 11ad benefited most from the economic gains.

Sometlling fundamental has gone wrong: success does not succeed. "More" is not enough. The science of producing and get· ting more is not sufficient as a guiding prin· ciple. Economic growth is important, but it is important because it provides the means with whieh to do things. It is not a sufficient goal in itself.

Vle need an economic reform mo;·ementa movement with the goal of going to the heart of the nature of society and of human behavior. How do we go about defining the new questions we need to ask-questions which may lead to reform in the way of economics is used in governing? History remains the only real ·'data base" of human behavior. and economic reform must begin with history.

Prior to the industriai revolution, w-estern societies were chara·~terizcd by a high degree of stability over lime. People were bon1, Jived, and died in the same viilage or town, among the same neighbors. often following a family craft or profession. This sta· bility. a stability over generations, created many dependable, general relationships. For one:s entire life, the same people were friends, co-worke;·s. co-religionists, and so on. Traditional society was \\'ell described by Edmund Burke's analogy to a great. old tree. The relationt among people were as mutually supporting as thqse among the many·roots of that tree.

But industrialism shattered traditional society. With its demand for physical and social mobility, its disruption of agrarian societies, its segregation of home life from life at work. its mixing cif people from different origins, and it.s Jack of concern for anything other than quantitative output. it substituted functional relationships for general relationships. We ;-J.OW see some people at home, others at \VOrk; we move frequently; lhe extended family becomes obsolete; children H·.re in a different world from that of their parents. Many of us live in several different worlds through the course of our lives.

While industrialism broaght wealth, it also brought an impoverishment of the individU'l.! and collective spirit.

But industrialism did create a new discipline: economics. Consideration of production. consumption. and distribution of goods and services as matters of state policy did not begin with the Industrial Hevolution, of course. But economics in its modern sense was born along \i.'ith industrialism in the 18th century. It defined man as an economic creature-a creature driven almost exclusively by material wants, who makes rational decisions. in the words of the 19th century economist Stanley Jevons "to satisfy rhisl wants to the utmost with the least effort."

Unfortunately for economics, this "economic man" does not exist. We are not defined by our posse~sions. Our vision reachea beyond t.he material plane. The quantitath·e instruments of economics cannot circumscr<be the human spirit. The desire for goodness, the search for truth, and the love of beauty all soar abo,·e the narrow bound:; of materialism.

Without economic pi·osperity, of course. we cannot meet the needs of our own people and others throughout the world. But materi?J prosper!ty docs not provide purpose. It i:> not, of itself, a worthwhile vision. TennYson wrc.te; "Thou hast made us, we know t~ot why. We thin~; we were not made to die.'' And he might have added, in this industrial r,ge; "'vVe think we wcre not made merely to posoes;,, or to be governed only bY the st.at;c me:J.S!l!'e d a discipline confined

to the principles of production and con~umption."

As the industrial a.2e evolves, the discip1n:e it pr~)dUf'f'd, ·e~t~~o~ics. is increasingly 1ct:!<.ed to fc.r nE-lJ.' theor]es to kee!J the giant ~~nz_·;_:1~~ running. But 2t tbfl s~me time. \-:e ~;F~-,::,e f>~"'!>noinL~s to be det'icicnt as the foun~,;:~tl·:.·:~ of goVc·{:-n~1e:r1l. To use t() the 1angua.~e of e(:onor.ni2ts. tradH~ona 1 econotnlcs ;2 ner.:f:-:~.a:7 but. r.ot s-:.~ffi(.ient.

\'7lmt would be c:nffi.:oi<-nt? Perhaps we ueed. in thP \Yords of Theodore Roszak, "a nob1er eronorD.ks that is not afrcdd to d1s· r.us~~ .spirit anct conscience. mora}. pu!pose -~:t~1d tt~c n18aning of Ufe. an f'Conon1ics t11at ain<3 to educ:lce and elemte p10ople. not m•.:-,r.ly to measure their low·grade behavio1. .

In a sense. an economics of such richness and depth would. be so different from ecor.Dmics as we know it today that perhaps a new t;crm is needed. Certainly, we need a bmader term than economics to describe the O\~errJ..U foundation for governn;ent and public policy. A good term ni;;:-ht be "statec•-:;ft." Such stat;~craft should attempt to make national policies sen:::itive to deeper mot!vatior.s t.han the dtsire for a paycheck.

It should be an attemnt to confront the questbn. what does it -profit a society to conquer inflation, reduce inLert:st rates :.>.nd create new jobs. if we don't enjoy what we have or what we are doing or ~ense some greater nat.ionn1 or cultural purpose?

A deiinition of statecraft should start by identifying hmnan aspirations that go beyond material nh:ds. Fo;1r Sitch a~.pira: tions might p•·ovide a starting poir,t: A sense of purpose and vision. We all need a perspective on our existence in time and place, and a se·nse of direction as inctividuais and as a nation; Opportunity for creativity. There is a growing demand illrvughout society for p::.rticipatiol! in the workplace and redefinition of our jobs to include shaping and guiding our institutions; Opportunity for individ•.w.l growth. for continuing &nd recurring education and ex- . po~~ure ~,o new inforrnation and new e>:perierlCPs:

Autonomy or individuality-the need to be to shape our own live·s. as individuals and 2.s communities_ within the context of our Gon:sUtuUonalliberities.

To gil·e us a chance tc achieve these aspin;~.ions-,and to gire some content to the notion of statec:·a.ft-we must t&l::e a numb8r of other themes into consideration: First. decentralization, Room for human gro.,.,-th can be provided be~t \";, ithin sr.-1a,ll u:nits. As one ~oc!ologist. wiser than n1cst, said, "You cannot study men: you can only get to know them:'.Lo<;al control in politics, in social and cult.um! issues. and in the l:Jusines~ world rrnvst be a eE:ntral therne.

SEcond. community. To ha·ve nchness instead of isolation in our personal lives. we must allow communities to grow. Eco!,omic policies-public or privn.te-,-which shatter connnunity are Cestructi\:e to the t~.uman sph·it., however "efficient·· they may be.

TUrd. a manageable pace of ~lJF_nge.

Cl1ange is unavoidable. But future histc.rians n1ay \-Jonder if the 20Lh century drove c,bl.;

7

its.-=.:H to coBecth·e 1nadnes:5 w1tn its despcr-

.a.te ve-1oc:ity of change. Vle n1:Jst control the p~cc of change, r-atller than lettin:;; it control u.s. Contl:n.ii~y !Y?,ust be gh·?n a. chance to grow betv;·een gener2.tion0. Technology mnot adapt to human rea!itieb, not vice \;ersa.

F'ourt.h, we must que:;tion nlodernity·s tnost sa.c:red c:0\ 1: the I;otirJn that ''you can't turn b<,ck the clock." Of course, in many <>reas we would ·not want to return to past t:ractices_ We· have made genuine progress in everything from civil rights to sanitation.

1

s 18331

CONGRESSIONAL RECORD- SENATE

December 20, 1985

But in some areas, including such divergent fields a;, public transportation and the arts. a reasonable argument can be made that what we had once was better than what we ha•je now. f~ven in these arec.s. atten1ot.s to turn back the clock will !•ot precisely re:omduce the p:1st. But a loa!;; backward can gil'e us a reference pojnt~ Eistt.)rically, m2ny gl"{·at raovements forward have lK:€:1 attfmpts tc :::~et.urn tiJ the past. The Re;1ais~ance is a good example.

Fifth, we must give mc>re tlJOught to aesthetics. Anyone v.:ho lives with the architectural monstrositi~s in our cities or the "Vegas Strips" that foul our to\\TIS and suburbs knows aesthetics is important. John Ruskin's attempt to blend economics and aesthetics ::nay not ha\·e t•een the blind alley mc•3t c·hsslc<>.l economists think it to be.

Sixth. -.;,e must give greater consideration to the !Hunan side of the industrial process.

VJ'e cannot expect our scci.oto' to be successful if ;-'lost people's jobs reward them only with a paychecb:_ The medieval guilds may hl'.ve known something we have forgotten·. the re,;·ard of a job well done, a job that gi\·e3 reign to creativity, that requires and sl10ws forth real skill, may be as important as the company's bottom line. In fact, it may even inc!'ease t11e bottom iine. Giving worktrs a greater voice in their workplace may yield more gains in productivity than replacing them with robots.

Finally, we must think differently about education. This is perhaps the most important cc:i1sideration of all. Ortega y Gasset, in his cla.ssic The Revolt of the Uasses. warned that 20th. century nw.n u·as becoming a technologically competent barbarian_ We can punch the buttons on our machines, but we cannot see ourselves or our world in any context. because we have not been educated.

Education is not traint1g, though training is also valuable. Education is essentially the classical education, intended to g!ve us understanding of our culture and our values. of why our values are valuable, of the edifice oc;r ancestoro have built unon which we stand. It is rooted primarily ir; the study of hist.en <>.nd lit:c:rr~ture. It teaches us mathematics and scknce. not. to make us technicians. but to teach us to think logically. It must be re,,-ived--first, among our educators.

Without it. we cannot hope for a society that. does more than lurch blindly from crisis to crisis. un:1ble t.o see where it has been. and ~hus kno\i· where it can go.

As we evolve the aualities that constitpte statccaft, what shottid we seek to do with them? Our principal task is to relate them tc tile technolagy, wealth and growth that must remain importRnt parts of our social ord~r. The ta~k is not to overthrow technology or growth, but to use them w1ihin the framework of 'stat.ecrr.ft-t.o drive them and control them. rather than being driven and controlled by thP:n. One might say, our task is tc civilize them.

Can \ir-e real~y nse these seven themes in devising policy in the n:al world? Why shvuldn't we? vVou!d it. not mate more sense to deslg·n an urban transportation system taht took into accaui'lt o'.!r needs for community and aesthetics rat.her than just w!l:ot works te~imicr,Jly? Would not our job training program5 wo;-k better if they were based on a bro~der view of what people want from tlleir i~•bs? We have already seen, in ~<umerous cr.ses. that decentralized decision-making, both-'Ls government and busine8s, leads to greater satisfaction and better results~

A great nation must have a great framework by which it is to govern itself. Traditional economics, with its one dimensional "economic man", is simply insufficient. We m>Jst think thro11gh a new, broader, more fundamental framework that includes eco-

nomics. but that places it in a larger context built of our value~. our culture. and our non-material needs. That is much more than this brief article tan p0ssibje do. Btit it is. pt>rhaps, a beginning, and a call to face the ta:ok,e

PROPOSED ARMS SALES • Mr, LUG_-\R. Mr. President, section

36{b) of the Arms Export Control Act requires that Congress receive advance notification of proposed arm.s sales under that act in excess of $50 million or, in the case of major defense equipment as defined in the act, those in excess of $14 million. Upon such notification, the Congress ha.s 30 calendar days during which the sale may be reviewed. The provision stipulates that, in the Senate, the notific2.tion of proposed sales shaH be sent to the chairman of the Foreign Relations Committee.

In keeping with the con1mittee's intention to see that such informl',tion is immediately available to the full Senate, I ask to have printed in the RECORD the notification which has been received. Tile classified annex referred to in the covering letter is available to Senators in the office of the Foreign Relations Committee, room SD-423.

The notification follows: DEFENSE 8EC1JRITY AssiSTANCE AGENCY,

Washington, DC, December 18, 1985.

Hon.

RICHARD

C. LUGP-R,

Chairman, Committee on Foreign Relations, U.S. Senate, Washi.ngton, DC. DEAR MR- CHAIRMAN: Pursuant to the reporting requirements of Section 36(b)(l) of the Arms Export Control Act. we are forwarding herewith Transmittal No. 86-21 and under separate cover the cl~ssified annex thereto. This Transmittal concerns the Department of the Army's proposed Letter(s) of OEer to Turkey for defense articles. and services est!mated to cost $206 million_ Shortly after this letter is de1b•ered to your office, we plan to notify the news media of the unclassified portion of this Tra.n:;mi ttal.

You will also find attached a certification as required by Section 620C<dl of the Foreign Assistance Act of 1961. as amended, that this action is consi.>tent with Section 620C<bl of that statute. s;ncerely, PHILIP

C.

GAST,

Lieutenant General, USAF, Dir.;ctor.

Attachments: Separate Cover: Classified Annex.

TRANSMITTAL NO- 86-21 NOTICE OF PROPOSED ISSUANCE OF LETTER OF OFFL:R PURSUANT TO SECTION 361B> 11 l OF THE ARMS EXPORT CONTROL ACT

()) Prospective purchaser: Turkey. (ii) Tetal estimated vdue: Major defense equipment as defined in Section 47(6) of the Arms Export Control Act: $0 million; othe::: $206 million; tatal: $206 million. <liD Descriotion of articles or services offered: Seven- hundred sixty conversion kit:; each consisting of tank thermal sights, add on stabilization, solid sta,te ballist.ic computers nece3Ga!'y to convert :t-.HliA5 tanks, and associated defense services.

Ovl Military Department: Army <USV a:-~d USXl. (v) Sales commission, fee. etc., paid, offered, or agreed to be paid: None_

s 18332

CONGRESSIONAL RECORD--' SENATE

in

<viJ Semitivit.y oi technology contained tl~e -deien3e rcrticies or defenEe se~vices propoaed to be sold: See annex under Eocparat<> CDv~.=r.

c-diJ s~:=ction 23 repc.rt: case not included in Section 28 report. ( \·i!i) Date repcrt d~Iivercd to Cocg;:~s~:

D('cernber ] 8, 1985.

.

PoLICY JvsTU'!CATION "IT._!:RKE:Y-TANK CONV£RSIDN KITS

The Governmer:t of Turkey has req11esled the purchase of 76D conv;:-rsion l-:its each cons~:-sUt16 of ~ ank ther~"!Ial sights, add on stabilization. s::>lid state bailistic computers r12ces:;ary to cotr,'erL JVI-!8A5 tanks, aLd assoA ci_ated defense services_ The estirnated cost is $206 mmio~l.

This sale will ccntribute to the foreign policy and national secu:rity objectives of the United States by impro'Iing tile miiitary capabilities of Turkey in fulfillment of its NATO obligations; furthering NATO ration&.lization. standardization, and interaperability: and enhancing the defense of the Western Alliance.

·

These com·ersion kits will be used by the Government of Turkey if! their Tank Modernizat.io~1 Program .. These components. wl<en installed on tl1e M48A5 tanks, will greatiy increase the fire power capabilities of the Turkish Land Forces Command. The tank thermal sight provides enhanced night fighUng capability by using Long Range Infra/Red detectors that enable the tank gunner to detect enemy tanks through darkness. fog or battlefield srrwke. The add-on sl abilizalion system allows the tank to fire its main armament while on the move. The p!o<:uremcnt of 760 com·ersion kits would upgrade approximately one-third of the Turkish M4il tank inventory. These kits will be provided in accordance with. and subject to the limitations on use and transfer provided for under the Arms Export Contrl Act, ll.." embodied in the terms of sale. This sale \\ill not ajverscly affect either the militzd·y balance in the region or U.S. efforts to encourage a negotiated settlement of the Cyprus quesLion. Turk9Y will have no difficulty a.bsorbing these tar.k com·ersion kits into its armed forces.

There are throe prime contractors: Texas IE:::~ruments, Dallo.s, Tex2.s; Control Data Corporation. Ale:-:andria, Virginia; and Cadillac Gage. Vi'<trren. Mic!ligan.

ImplementP.tion of this sale will require the f\Ss,gnm.,nt of two additional U.S. Gover:.!.rrt~nt persoanel for one tnonth and two contractor representatives for one year to T'.Jrkcy.

There will be no ,,dverse impact on U.S. dt>fense readiness as a result of this sale.•

Mr. DOLE. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk y;ilJ call the roli.

The legislative clerk proceeded to c::1l! th.c rolL Mr. DOLE. l.VIr. F<"esident, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

HEPORT OF COMMITTEE TO · NOTIFY THE PRESIDENT Mr. DOLE. Mr. President, I wanted to report that we have made contact ;,vith the President. He has indicated he has no further work for us this year. He said he was looking forward to a very productive session next year.

He did mention tax reform specifical-

December .20, 1985

lv. We were both silent-not that we calling upon the President in complii;1dicated dlsapprm gJ but to indic:;.te ance with the re:>o!utiun that has been that <::e were sort of ha;:;Jy tl~is year passed b~' the Senate. I do ~:;.ant to was m;er. He w2"s very ple<'.;ant. He take. t.his om:;ortunity to thar..k the dis\Vished us a happy hGEday seaso11 , as tinguished m::;.jority leader for his klnd \'\-e cEd him, and we arc L10W poepared comments and to say that he ha;o to -,;T?,p it up for thL; year. worked hard. It. has been a pleasure \~'orting \vith him.

I look forward to being back in JanuEXPRESSIONS OF TH.A.-"N"KS ary to be wiih him again as we do our Mr. DOLE. Mr. President, as I lea·Je, work in the Senate.

I cerUdnly want to thank many I want to s2.y the same thing about people, as I did in :my statement, but particularly the d\;,tir,guished minori- tile distinguished S~na.tcr from Wyoty leader for his fritndship and his ming, who is the assistant Republican many, many courte:;ies and for his tol-- le;:der. Our relationship has been exerance at times while I catch on to cellent. It has been a pleasure to work some of the things he has !mown for with him. He is al';;;,·ays very courteous years. I appreciate the staff, all the and understanding. Nothing better can senatorial staff, those who watch us, be said of anyone, may I say in the watch over us. We appreciate the first person, if I can violate the rules Chaplain's daily scolding and look for· of th~ Senate for a moment, than thank you, ALAN. It has been good to ward to a good year next year.

Mr. BYRD. Mr. Presjdent., as the 1st work with you. I have enjoyed it., and I session of the 99th Congresa enters its look forward to working with you in fimi.l moments, I ·.vol!.ld be remiss if I 1986.

Mr. SIMPSON. Mr. President, I do did not acknowledge that the distinguished senior Senator from Kansas indeed appreciate t.hose remarks of now has served a full year-his first the Democratic leader. It has been a year-as majority leader of the very interesting relationship with this gentleman since I met him in 1963 Senate.

Mr. P;esident, I know something when my father was in the U.S: about the problems that face the ma- Senate, jority leader of this body. I know He has been especially patient with about the long hours that he must put me, especially this year as I assumed in_ I know first hand the difficulties of my new tasks. It is a great honor. and contending first with differences of a. great pri\·ilege, indeed, that my colperspective and opinion on one's own leagues would elect me to do this. And side of the aisle before one can then from the early beginning of ,January contend with the differences of per- and February when I was somewhat spective and opinion between the two defensive and short in my tasks-and I pa:·tiE.s. I know the distinguished ma- remember that di::tinctly-you were jority leader will know what I mean most extraordinary patient in that sit\'!hen I say that the job, '.'.'hile it surely uation and I appreciate it very much. I has its rewarding momer.ts, is not all think they refer to all of this type of sweetness and light. thing as a "growth experience." I beAft-er having observed the ,-ery capa- lieve that is the phrase. Indeed, it is, ble Senator in action in his new assign- and you have made it a pleasant one ment since the beginning of the year, and I appreciate it. I have sought your however, I can say that. he has worked counsel and you have given it without very hard at his responsibilities: he question, and I deeply appreciate that. has applied himself and his consider- In every situation, you have never able skills with diligence in an effort mlsled me or mistrusted me, and that to assure that the Senate satisfactorily makes for a \'ery much nicer job situadischarges its responsibi1ities. tion for me. I also appreciate that.

After what has been at times an ar!vir. BYRD. Mr. President, I thank duous session-and, in fact, after what the very able and cordial and dedicathas been a tedious period during the ed assistant Rc-publican leader. recent days as we tried to complete Mr. SIMPSON. Mr- President, just the work of this first session in order quickly, let me say that working with to depa1·t for the holidays. I am confiDoLE has been a verY special dent that the majority leader is ready Senator privilege.

He is a man who gets things as I am ready to be \\-ith his family and loved ones. I hope his holidays done. It is a pleasure to \Vatch him. He will be restful and reinvigorating- is not easily intimidated, nor cowed by the task he has. He handles his job pleasant in ev-ery v;ay-and that they with precision and great wit and skill. will equip him for the challenges that await all of us who serve in this body You cannot "spook him up," I believe when we return in January for the that. is a trait that is much needed in this place as Vie conduct our business. second sesiiion.

I hope the majorit-y leader and his esteemed wife v:ill accept the personal PROGRAM FOR JMuARY 21, best wishes that Erma and I offer to 1986 them for this holiday season and for a very happy New Year.

Mr. SIMPSON. Mr. President, the :Mr. President, I have nothing to add Second Session of the 99th Congress to what the· distinguished majority will convene at 12 noon on January 21, . leader has said with respect to our 1986.

December 20, 1985

s 18333

CONGRESSIONAL RECORQ- SENATE

Under the standing order, the two leaders will have 10 minutes each.

There will be a special order in favor of Senator PROX:MIRE for not to exceed 15 minutes. That will start the new year properly. It is a ritual that is as appropriate as the opening and closing sine die, with Senator PROXMIRE, who pays attention to hi::; duties.

There will be routine morning business not to extend beyond 1 p.m., with · Senators permitted to speak therein for not more than 5 minutes each.

Following morning business, it is the intention of the majority leader to proceed to the consideration of S. 638, the Conrail bill.

I say to the occupant of the Chair [Mr. WALLOP] that I shall see him in our native State of Wyoming in a few short days.

Mr. BYRD. Mr. President, I expressed my appreciation and gratitude to al! on yesterday.

I ha,·e no further action to recommend. I thank the Senator.

Mr. SIMPSON. I thank the Senator from West Virginia.

To be captain I thank the remarkable staff of the Senate. I appreciate their patience in a Lt. John K. Kosh, 202-44-7672 rather tiring situation, and I appreci- Lt. Paul D. Long, 422-80-7593 Lt. Joey McCarty, 457-96-4868 ate their work.

Lt. Barry C. Pow.oil, 226-03-0757 To be chief warrant officer 4

C\V03 3 Robert A BOI':en, 231-64-9922 ADJOURNMENT SINE DIE DEPARTMENT OF EDUCATION Mr. ·siMPSON. Mr. President, after Frances M. Norris, of Virginia, to be As· conferring with the Democratic leader, sistant Secretary for Legislation and Public I move, in accordance with the provi- Affairs, Department of Educatior!, vice sions of House Concurrent Resolution Anne Graham.

267, that the Senate stand in adjournment sine die for tl-te 99th Congress, CONFIRMATIONS 1st session.

Executive nominations confirmed by The motion was agreed to, and at 6:28 p.m., the Senate adjourned sine the Senate December 20, 1985: IN THE ARMY die.

NOMINATIONS Executive nominations received by the Senate December 20, 1985: IN THE ARMY

The following-named officers for posthumous promotion to the gra.de indicated rmder the provisions of article II, section 2, clause .2 of the Constitution of the United States of America:

The mous under clause States

follmving-named officers for posthu· promotion to the grade indicated the provisions of article II, section 2, 2 of the Constitution of the United of America: To be captain

Lt. Lt. Lt. Lt.

John K. Kosh, 202-44-7672 Paul D. Long, 422-80-7593 Joey McCarty, 457-96-4868 Barry C. Powell, 226-08-0757 To be chief warrant officer 4 CW04 3, Robert A. Bowen, 231-64-9922

December 20, 1.985

CONGRESSIONAL RECORD- Extensions of Remarks

E 5801

EXTENSIONS OF REMARKS TRIBUTE TO DR. 0. URCILLE IFILL, SR.

HON. WILLIAM H. GRAY III OF PENNSYLVANIA

IN THE HOUSE 0"' REPRESENTATIVES

Thursday, December 19, 1985 Mr. GRAY of Pcnnsylmnia. Mr. Speaker. i should like today to bring the attention of my colleagues in the House of Representatives to a most distinguished Philadelphian, Dr. 0. Urcille Ifill, Sr. Dr. Ifill has been the pastor of the African Methodist Episcopal Union Church for the past 7 years. He will be honored by his congregation at a testi· monial apjlreciation banquet on January 3.

Ur. Hill's commitment. not only to his church, but to the Philadelphia community, ha~ been totally untiring and unselfish.

While sitting un numerous boards and committees of the African Methodist Epis· copal Church, D!·. Ifill served as president of the Black Clergy of Philadelphia and Vicinity. a position he filled with inspiration and unswerving dedication. Despite the considerable demands of this crucial leadership positicn, he has also served as a member 1if the Funding Policy Committee of United Wav. a member of the National Council of Christians and Jews, a member of the PennHivania Public Interest Coali· Hon. a memb~r of the Metropolitan Council of Christian Churches of Philadelphia, cochairman of the Ecumenical Council of.

Philadelphia Tribune Charities. Inc., aml a member of the Pan Methodist Ft'llowship.

Mr. Speaker, I han~ known Dr. Ifill for many years. His minisiry and community adivities have served as a model for my own calling. Since coming to the African Methodist Episcopal Church in 1978. Dr. !till never has been too busy to halt his hectic schedule anrl help the individuals and groups who look to him for guidance.

I. as we:! as every Philadelphian, am indebted to Dr. Ifill for his contribution to the improvement of not only our spil'itual lives but also to the betterment of our n!'ighborhoods and our city.

job. he makes time to partidpate in a variety of community activities. His participa· tion touches all b3ses of vnluntari~m:- he ·actively and unselfishly dedicates his time to the Jewish community, while promoting better education and health care for his neighbors.

As a life trustee of various Jewish philan· thropies and a past presirlent of the Jewish ('ommunity Center in White Plains, 1\lr.

Hofheimer has proven to be an influential and effective leader in the Jewish communitv.

1\tr. Hofheimer has gone to great lengths to enhance our education system. Pre~ent· ly, he sits on the board of directors at Barnard College. Prior to his involvement with this respected college, he served on the Scarsdale Board of Education. which included l year as president of the board.

Current.ly. Mr. Hofheimer is a member of the board of directors of the Blythedale Children's Hospital and chairman of the board of the White Plains Hospital. I commend Mr. Hofheimer for his desire to provide quality health care fot· all Westchester residents.

It is not surprising that Mr. Hofheimer's dedication to public gond carries m·er to his private life, where he and his devoted wife Natalie have raised four lo,•ely ehil· dren.

I applaud Mr. Hofheimer's dedication to bettering the I i ves of all of us. His efforts are the embodiment of the American spirit of ,·o!untarism that has made our Nation what it is today. New York is very fortunate to claim Mr. Hofheimer as a resident.

I wish him the best of luck in all of his en· deavors. i\Ir. Speaker, l ask that you and my c>JIIeagues join me in saluting Mr. Hof· heiml!t·, a concerned humanitarian and great American.

Thank you Mr. Speaker.

FRANK FEDERAL CAUSE OP ACTION

HON. THOMAS N. KINDNESS OF OHJO

A TRIBUTE TO MR. JOSEPH HOFHEIMER

HON. JOSEPH J. DioGUARDI OF NEW YOP.K

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 !Hr. DIOGUARDI. Mr. Speaker, it is my privilege to rise today to pay tribute to i\Ir. Joseph Hofheimt'f, a great humanitarian and civic leader. On January 15, 1986, an <!vent will be held at the White Plains Hotel to honor l\Ir. Hofheim€r for the volunteer ser,·ices that he has pnnided to the resi· dents and State of New York :\Ir. Hotl1eimer is currently president of the Richard Bower Cal., headquartered in New York City. Despite the demands of this

e

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 l\lr. lilNDNESS. 1\lr. Speaker, I realize that I haYe ah·cadv made some brief remarks to the Hom;; regardi~g my concerns with the Federal cause of action for per· sonal injury and property damage recently put forth by our colleague from l\lassachu· setts. J\tr. FRA!I;K. In those remarks, I tried to highlight my concerns in the interest of time. I would now. however, like to re~·isit the issue for the benefit of the :\Jembers and mal\e a more extensive comment on this ill-conceived amendment and on ihe general problemR of putting Federal causes nf actinn in all our ;\ation's laws.

Ti.• begin with. l must say that my most serious gener;'l objection to the Frank proposal was ihe lack of evidence of its neces-

sity. Indeed, the Superfund 301(e) Study Group, the recent Keystone Conference and other groups have consistently acknowledged the fact that there is little evidence to prove that injured parties are frustrated in recovering for their losses under the existing tort law regime.

SECTION 501 DEFINITIONS

First. Release-the term would not have excluded federally permitted releases of exposure due to use of pesticides-a major issue for farm States. Additionally, claims by those who allegedly lost profi(s or diminution in the value of property from such things as acid rain might have been a~'ail· able under this language. Since States apparently would have been able to sue to recover for such losses, the provision might have been argued to vastly expand natural resource damage claims under Superfund and consequently triggered a wave of litigation between heavy industry and certain States, despite the limitation of liability contained in existing section 107(0.

SECTION 502 LIABILITY <AJ LIABILITY

This provision had se,·eral onerous aspects, perhaps the worse of which was the exclusivity oi the defenses set forth in subsection (d). The provision probably would have precluded such obviously appropriate defenses as contributory or comparative negligence by the plaintiff and voluntary contributing activities of the plaintiff. such as smoldng. drinking. or exposure during unrelated no11workplace activities. AlthalUgh some "apportionment" among de· fem!ants was provided, no equitable ·reduc· tion in damages was contemplated. Thus, a jury called upon to determine whether the plaintiff had met the burden of proving that the release "caused" damage may have been compeUed to grant a favorable verdict, or none at all. This runs in contrast to the tort law of some States which recognizes the availability of a comparative neg· ligence-of the plaintiff-defense in tort actions involving strict liability.

A second problem was the ambiguity of the word "causes." By using the present tense rather than the more logical and customary past tense, the ·author arguably meant to allow recovery upon a showing of damages-an injury or disease-of a type which are caused by exposure to the substance or substances to which the plaintiff has been exposed-thus relieving the plaintiff of the traditional burden of proving that his or her damages actually were caused bv the release. Such a standm·d would ha~e constituted a drastic departure from traditional tort norms and might have prevented the defendant from introducing highly relevant information regarding other poteniial causes-except to .the extent that they "solely" caused the harm and the defendant was prepared to prove his due care "in light of all relevant facts and cir. cumstances.'"

This .. bulle[" symbol identifi<"s starew.ents or imertio::1s which arc: not spoken by a M<!mber of the Senate on the floor.

Boldface [j'pe indicates words inserted or appended,

r<ithe~

tbm spoken, by <t Member of the House on the floor.

----·-----------------------------------------------------------------------

E 5802

CONGRESSIONAL RECORD- Extensiom of Remarks (Bl PERSONS LiABLE

,

Scbsections (b)(l) and (bl(2) would have created liability fur persons who had no ;·;mncction with the rt,lease which caused inj;;ry, o!.her than mere inch;:;ion in the chaio of title to the facility. For example, {)ne w!w would have brought a fadlity whirl; had be~n the 'source of a past release bd which has not been the source of a re-· lease during his owner~hip nonethdes~ wollld have been liable, by operation of law, for a vast 1·:ange of injuries arising out of pTior events. The third-party defense appareai!y liHlt:dd ha\'e been unavailable, since a 1lired or indirect contractual relatioTilship would h~H existed. This is a . major de;mrture from current persona! injury law. Tl;tlS, pmperty from which a !mown r<>hoase has occurred prohab!y would ha•~ b<eocn rendered unmarketable for a vpry lv<~g time-encouraging aband{lnment to goYemmental entiti.:s of otherwise nw.rketab]e pwperty whlcq had been retroactively r€tHlered unmarkl'table. A similar ~.::s~lt would have been obtained under (h !l2! fo:- a subsequent. res;mnsible site vwner m· operator-even one who took approjlrial•~ remedial measures and indeed had •emoH:J all hazardous substances during his ,:te~'>.Jrdship. Thus. no previously used facility w.::uld ha•·e beer. an attractive inH~stmt'nt to a nsponsible. repuiaMe hazardolls wa~te disposal site operator. In a similar vein, suh~ec!ions (bl(3l and (h)(4) rna)' !-.:ne created liability for th<>se who could ccndusiYdy prove that the suOstances with which they were conl1ected, though of "a iype" which "causes the type of damai!I'S incurred," coulo:! not have b£:en relea;;erl f;om the facility and, thus, cou!d not have cause the plaintiff's damages. For example, assume industrial solvents have been bm·ierl iri f<mr large disposal areas at a facility to which the defendant sent wast~Cs. If data ai!1d records proved conclusi,·e.ly that the damaging release was from a dispo~al a;rea which was closed prior tu the defendant's transportation or generation of wastes or that the release took place entirely before t;ansport, the defendant would noneth€less be without any apparent defense to st!'ict, joint, and several liability.

Finally, the last sentence of subsection (b) appeared ambiguous and potentially unfair.

This is because the phrases "type of hazardous substance" and "type of damages incurred" are subjects of obvious, sometimes contentions scientific uncertainty.

Plaintiffs simply should rwt recover unless "the hazardous substance" l'eleased caused "the damages incurred"-especially if toxi· cological profiles on specific substances will be generated under new CERCLA provisions.

under section 107, and joint and several liability is inappropriate under section 106).

Onort cuclification <Jf this now discretionary policy would h:ne greatly hamst;·wig the ability of small l.m,in£ss te imt:re against such li:.bi!ities and '?iOt!ld have createo:l stnmg incentives for imjlrop~r dbposal.

(D>

OEI'E'lSES

All of the defenses except subsections (3J and (4l :n·e identical to the dffense~ set forth in comparable iangua~e un~er section 107(b) of CERCLA, which haYe been ,·cry nan-owly construed. The new defense for de minimis PRP's, set fm:th in suhsP::tion (dH3) is an intH.,sting and no\·ei addition to Federal cause of ~>etion propo3Els. but adds nothing to the traditional common law defense already avai!&ble under Slate law. Furthermore, it was not made app!ka· ble to persons liabl<: unrlu subsection (b)(2l, despite the olnious fairness of su~:h an applicEtion. For example, if a person were to buy a facility from which a release has already occtarred, dispo~es of a de minimis ''olmr.e of waste of the same "type" as that which "causes" the damag~s and then s~lls the facilit_;-. he would stili be jointly and severally liable HmlH the proposed language. This result is c.ertainly a dra3tic departure from present law and is arguably a denial of due process. Finally, there was no obvious reason to require that a defendant pro\'e that both the volume of his waste was de minimis and that the toxicity of his waste was de minimis. H i;; diffic;.:!t to see how a waste of de minimis toxicity would be of a "t)·pe" which "causes" injuries suffich:nt to gi\'e rise to a cause of action.

Conn~rsetv. if the volume of his wao,te was de minim.is "io comparison to other hazardous substances invoh·ed," why should the defendant remain a party to the Etiga. tion and be !;!Ubiect to joint and s~nral !iahilityi' This asp<:ct of the defen~e of <le minimis contribution to injury was also a substantial departure from existii<g law.

Furthermore, defend<mts might have been required to address the measure of toxicity of substances of the tyJl'! involved, rather than that actually involved.

The "new" defense for unlmowing, diligent subsequent purchasers of facilities at which wastes have been disposed-secti{•n 502(d)(4)-is better than no defense at all, but is, in many, perhaps most, jurisdiction, mol'e limited than its common law counterpart. Some jurisdictions do not recognize the liability of a subsequent purchaser of land for injuries arising out of nuisances created by his predecessor, unless the subsequent purchaser takes action to abate the nuisance or clearly commits himself to abatement. Mere "omission" of abatement <C> STRICT; JOINT AND SEVERAL does not always give rise to liability. The The express strict. joint, and sevHal li- proposed defense would seem to have ability provisions presented go beyond the cleared the way for such liability. pro,•isions of sections 107 and lilWl2l of IE• CONTR!hUTiON CERCLA, which ha,•e r.ot been rig-idly conAlthotlgh an express z·ight of contribustrued to always require such liability. tion is a fair concomrnitant to Federal leg(See. e.g., U.S. v. A&F Maieriafs Co., '>78 F. islation creating joint and se\·eral liability, Supp. 12-!9 (S.D. Ill. 1984> (apportionment the pwposed pro•·ision woulcl have recriteria should be applied J; Bulk Distribu- qulred that cuntribuiioll claims be raisetl in tiun Centers, lm:. ,.. .Monsanto Co., 589 F. a "!ieparate action"-t!lus stripping Federal Supp. 1437, n. 15 (S.D. Fla. 198-!J (strict li- courts of the authority to hear directly reability may apply); and (inifed States v. lated claims against third paTties in the Stringfellow, 21l ERC 1912 (C.D. Cal. 1984) same srtion. This i3 a powe; now cleairly apportionment criteria should be applied enjoyed under the Federal Rules of Ch-i!

_,

December 20, 1985

Procedure and Exercised in existing CERCLA suits and b~· most State jurisdictions having modu;.; rules of prcndure.

Thmugh it, courts prevent •,vasted judida! resvure.cs and the filing (>f se•:JUential ac· tivns and at:Hn'!1s only agai!1st "'i'"ep pockets," whether ()>If not e•1uitable. Further,more, it is difficult to und.erstnl'.d how the ccu:rt YiGuld have b.Pen ab!e i:D implement f2irly and meaningfully the "apportion· ment among pai't.ies hdd jointly e.ntl severally Hable" ca!ied for in subsection (f), if named defendants were forbidd~:n from joining other potentially respunsible partie~ in the case in chief through contribution cla!ms. The general langaage of subsection (g) probably was net suffident to assure that timely joinder of (jther responsible parties by existing defendants occurred.

Further, it is inconceiv;,l:Jie. in any e'lent, thai a court should hea.r eviden.re relating to all of the apportionment factors listerl in subsectioa (f), but be barred from simul!aneously adjudicating contribution claims among the same parties.

Oddly, the pl'o,·ision apparently would not have prohibited claims against third parties for indemnity, restitution, or declaratory relief. Thus, only contribution claims would have been handicapp-ed. <Fl APPORTIONMENT

The apportionment proposal had some attractive· features, but seHral substantial deficiencies.

The apportionment call~d for was entirely discretionary. Furthermo~e. consirlerati{)n of the factors provided wa.; enti!'ely discretionary. Although most courts might be expected to use these factors, they could have declined to do so.

Regarding the factors thems.elves, conspicuously absent was "the care exercbed by the parties"-a factor mentioned by courts and otllers as an appmpriate criterion in Superfund suits.

Subsection (fl(5) allowed co~<si<kration of the damages "which should justly be attributed" to those "who are nat, and could not be, brought before the cmut''-an illogical clause, since tho>e whn coulr;l not be brought before the comt will neve:r be liefore the court. Cerla!nly. the United Stales and the State and local governments would have been included, sin~:e S€Ction 514 seemed to give them a blanket exemption from liability. In addition, defendants who could not be l'eached under tlie long-arm statute of the State in which the ai'tion was brought would also be inchal<>d, ~ince the1·e was no nationwide serrice of process granted for the new Federal cause of sdion. Of course, those who enjoyed th" p:rctedion of a stay under the Bankrupt.::y Ad would ha're also been included. All of this having been said, why is the alloc<~tion of responsibility to parties who "eould not be brought before the court" n relevant f:>dor, v.-l1en the court's. discretion apparently is limited to apportioning "damages among parties held jointly and sevemiiy !iabie" in the action in chief; and whv would the Congress wish to take speci~l. arguable unneces~ary !'ains to note, in proposed suhllai!J.· gn::ph (g'l that: Joinder of claims and persons in actions under this section shall be in accordance with the F'ederal .Rules of Ch·H Procedure?

December 20, 1985

CONGRESSIONAL RECORD- Extemions of Remarks

No apparent claim for apportionment has been created, and contribution claims apparently must be filed as separate actions.

The intentions of the ac:thor with r<>gard to contribution, apj!ortionment and joind<>r were a hopeless muddle-one which was not likely to be unraveled in last minute activity on the floor. Such things deserve and demand the proper scrutiny of the Judicary Committee.

SECTION 503. REALLOCAT!GN OF UN(OLLECTED APPORTIONED SHARES

reasonabl~ness" of the fear as an affirmative defense, which wnuld have had to have been sustained by a preponderance of the evidence. Fear of injury claims are highly novei and generally not recognized as valid-for obvious reasons. Given this provision, it ;:an be almost certain that this new cailse of action would have probably given rise to numerous claims. At a minimum, it would have pro•<'ided ready access to Federal courts to anyone who had bezn exposed to a hazardous substance. ;egardless of actual injury. To their "Federal fear claim," they might have easily added pendent State claims for injunctive or other relief. The defendant would not have only had to fear fear itself, ·but also costs of litigation.

Finally, compensable damages described in section 505(1) appeared as though they were intended to be "medical costs" as defined ir. section 501(1). This use of different descriptive terms was bound to create ambiguity.

The most serious problem with the provision was that it was unclear what effort mustoe made or circumstances must exist for a judgment to be "uncollectible." A "good faith" or "diligent" effort should be made to execute on the judgment as a prerequisite to the motion. What if the defendant were in bankruptcy? Would the plaintiff be required to bring an action against an insol·.-ent party's insurance carrier?

Would some effort be required to locate a party who has relocated? Because the interSECTION 508. LIMITATIONS ests of solvent defendants will be dependent on the plaintiffs effort, some standard of The formulation chosen was one of the condud should have been imposed on the most favorable to potential plaintiffs. Probmoving pat·ty, supported by thoughtful leg- ably the most onerous aspect of the proposislative history as to the type of effort al was that it created new rights of recovwhich might he sufficient to justify reallo- ery for "damages * * • incurred" up to 10 cation. years prior to the enactment of the amendment. Presumably, parties who had litigat-_ SECTION 504. EV!DENCE Substantia! uncertainly and dispute pre- ed or even settled claims for other damages vails in the scientific community concern- during the period in questilm could have ing the actual relevance of many of the cat- relitigated their claim under the proposed egories of studies which would have been language-recovering damages not prevideclared relevant by the proposed amend- ously compensable under State law, or susment to many types of illness or injury taining liability having failed in the past to which might have been the subject of litiga- show any failure to exercise due care. The tion. It is bad law and bad science to un- creation of sue h retroactive civil liability is equivocally declare their admis3ibility if highly disfavored-especially where it is they merely "tend to establish" causation not remedial in purpose.

Curiously, the word "expense" was used or contribution to "damages compensable • • * of the type or class allegedly suffered in subparagraph (a)(l). Apparently, the by an individual." Such evidence may be of word "damages" was intended. Otherwise, no probative value to the specific injury in- the statute would not apply to damages voh·ed. Some forms of cancer may be other than those for injury, illness, or linked to or sl!spected to be asseciated with death.

Subparagraph (d) would have had virtuexposure to a specific substance. This does not mean that a court should be compelled ally no practical effect, since to bar an to admit broad categories of studies involv- adion, the previous State law claim would ing that substance in a case alleging a form have had to have been essentially identical of cancer which has never been associated to the unprecedented proposed claim.

SECTION 511. ADDITIONAL RECOVERY w,i.th the substance, just_because the court may feel constrained to view cancer as a Subparagraph (a) appeared ta prevent "class" of damages. Even more question- settlements reached in any litigation under able would have been the admissibility of this title from including a release as to any every study showing any form of damage to future health damages not forEseen at the "micro-organisms" or abnormal "tissue time of settlement. Thus, this provision cultures" in support of a plaintiffs c!aim might have greatly discouraged settlement that his "fear of injury, illness. or death" to in any cases other than those involving himself, his spouse, child. or friend, was death.

Subsection (b) would have honored the not "unreasonable." finality of jadgments reached in prior litiSECflON 505. COMPENSABLE DAMAGES Unlike some previous proposals for a gation only as to the specific damages Federal cause of action, this proposal con- which were the subject of that litigation. tained no limitations on categorical or ag- Additional damages aliowed under the progregate liability. The most dangerous provi- posal. no matter what their amount or novsions were those deaiing with pain and suf- elty, could have been sought despite prior fering awards, which could have been made litigation. ~.SECTION 512. CLASS ACTIONS not only for actual injuries, but also for There is no apparent need for supersed"fear of injury, illness or death" to one's self or to another-no matter how attenu- ing application of rule 23 with a provision ated the relationship. This claim could have which apparently pre\•ented consideration been sustained so long as the fear was not of numerosity, the representative nature of "unreasonable." Arguably, the defendant the named plaintiff or his ability to reprewould have been required to assert the "un- sent the class.

E 5803

SECTION 513. PUNITIVE DAMAGES

The retroactive imposition of liability of punitive damages was extraordinary and arguably unconstitutional.

Deterrence could have been served entirely by prospecth'e imposition of such liability. Since its purpose was entirely punitive, and since individuals who may have been subject to- its imposition could not change the conditions gmng rise to their liability, it a1·guab!y constituted a bill of attainder, an ex post facto law, and may have constituted a p!'ima facie violation of due process as well.

Curiously, the provision would have a(. lowed awards i!t cases involving "pollutant(s)"-which were not the subject of other provisions of the proposed title and, depending on other provisions of the bill, may not have been defined for purposes or this title.

SECTION

5H.

LIABILITY OF THE STATES

UNITED

Of all the provisions of the proposal, this was probably the most extraordinary and unfair. Since the title would have established strict, joint and several liability, private citizens would have been made to compensate individuals for damages to which a governmental entity or entities clearly and obviously contributed. Furthermore, the proposai apparently would have precluded subsequent actions by liable parties to obtain contribution from such entities for their part in the matter. Since a substantial percentage of all sites which have received hazardous wastes were owned and/or operated by local governments, and since the United States-often the EPA itself-has sent hazardous wastes to sites and has leased land to corporations which, with the knowledge of the United States, disposed of hazardous wastes on the property, the liabilities which private citizens would have been made to bear under this proposal would have been very great indeed. This approach is fundamentally inconsistent with every other liability created under CERCLA with regard to the United States and some State liabilities as well. Thus, ironically, at many sites, the United States might have been compelled to shoulder a significant share of any response costs which might have been ordered, but would have passed on to other generators all personal injury obligations created under this new title. In addition, liability for toxic waste exposure which the United States might have had under the Federal Tort Claims Act-not predicated on strict liability-probably would have been ignored by plaintiffs whenever a "deep pocl•et" might have been sued for a full recove•y under the propose!! strict liability claim. The passage of such fundamentally self-serving and unfair legislation by the United States is not only patently unfair, but arguably unconstitutional.

Finally, the provision purported to bar any recovery against the United States and State and local governmental entities "through indemnification." This language may have been intended to prevent recovery in situations in which a governmental entity has expressly or, under State· law. impliedly subjected itself to rightful claims for indemnification arising out of contractual relationships with private citizens. l'n-

E 5804

CONGRESSIONAL RECORD- Extemiom of Remarks

~ettling

l ,.

such well-settled, and even vested, River, Massachusetts press corps. "Jud" <:O!ltradual rights of privlite parties mi;thi Sullivan was honored nt a recent party han· been uncon~titutional or constittlted a held at the Venm de Miln in S:~:ansea, MA. tal-:ing for whic.!i just compensation might In lh~; 3 years I have repre5cntt:d t!.e greath:1n~ beeit due. Furiht>rmore. the pwvision er Fall River area, I l:a\·e dc\'elopcd 3 great woa!:rl have tendEd ta chill entr~· intv any dl.'al of res}'ed for the newspapt:rs \~·hich c<:•r·:!.r<.tft- with a govemm:.·ntal entity ir. s;,rve this part of the State. Edwani Sulii··•hkh the gencratio1;, transportation. or \'an joined the Pro\'id€nce Journal, one of di~posd of hazardo!l& suhtances was inthe an~a·s leading organs, in 1951 when he l·ohed, ami may haYe completely preventt'd was named manager nf the Fall River ~uch entities f.rom selling real projJC~ty · Bu;r"au. Over the next 35 year~ he upheld whith had iJeen the site of hazardou~ waste th;, hiehe~t standards for res;:onsible jourdi~posal, rq'ard!ess of pr::.r:•isc~ to a~~ume nan~~· and co>lsistently produ<·ed well-writli<liliiH)' for injuries or to indemnify the ten, inf<)rmative new~ ancl fel.!ture articles lm)er from ::my daims which might have about a wide ··ari€ty of subjeds of interest arisen. tu the Journal's readers. !lis only break Finally, some pmposai~ now pending during in senice l.hCI'e ccf:urred in the l<.te would have authorized the Admini~trutor 1960's ""hen he was appointed :he first exoL the EPA to irulemnify. wast!.' di'<H:up ecutive director of Cit~:<en~ for Citizer.s. a cmllr'ad.ors for any claims whid; arise out local community action organiz~<tion whi~h of their strict liability. or even their negli· con!inu{'s to· pro,·ide impo:rtnr.t human gente. The proposed sedion appan·ntiy services lo the people of Fall Ri"er. "Jud" "·ould han: burred such ag:reement;;. from Sulli,·an's unique blend of journalistic inhaving any effect with respect to damages tegrity and community sen·ice will cei·taincompensable under the proposed title. Fur- ly l;e missed by everyone who lives in Fail thermore, !oral and State go·,·ernments m~·er or who reads the- PI'O\"idence Journal. have been preclmled from offering any inAnothel' excellent newspnper in th•: area. d~mnily to contractors which would ha\'e the Fall Ri,·er Herald N<•ws printed nn ar-tiprolt:ded them from ihe full force of new cle discussing the important n>niri!miicn daims created tmder the pl·,-•vQ~al. that "Jud" Sullivan hns made an!! also that In condusion. the pmposal c•mtained of LestPr B~:nd-;Hi excellent Journal snffil:ient seriQus tHhnh:al defeds and writH in tht:ir. A!tkburu offil'e. who was questionable s~bstantive ramifications also hom,red at the retiremP.nt party. The whirh more than justifid its ovErwhelming Fall River Herald is to he commended for 'dd"!'at. recm·ding the contributim1 of another newsjlaper's reporters . .I a~k that the Fall Ri;·er Hl.'rlol!d a:rtide be reprinted in the .ANNE FRAN I<: DAY RF.fXJRO.

HON. WILLIAM LEHMAN . OF i''LORII·.~

IN THE HOH.S!i: OF

RE!?I-tES!£NT.'~TIVES

DEAN OF

PRES:'

COF.PS RI:TEi.ES

<By .Jgmes N. Dunbar) Journalist Edwan1 J. "Jud" Suliivan was honored by S•)me 200 PPfSO!'B S:< turday at a

Timrsday, December 1 .9, 1385 retirt-ment party held at the Venus de Milo. l\lr. LEHMAN of F!{l;·iJa. M.r. SpN1ker, Sv:ansfa .

Sul!ivrtn had a long and. di;,tinguished on DH:~u;ber 15. HS5, th .. internaiio11al excareer with the Providence JoarnaJ,BuiletiD hlhition, "An~e f'r:ank in the 'World: !!l29- and has be;,n a mrdnst.<•Y of the fRll River ](t·!5,'' offida!ly OjW:Jed at the main hrancil Gffke for rna.ny ~:e8.rs. of ih<> [l;~de Cou11t:r Public Liunuy.

A!sn honored !=~t tlte reti!·err:.~nt. p~·,rty was On this c•cn,sion. Th'Ie!rupoiitan Dade vete~·an. JoHrn:~:d ~~1Tit.e1· Lest.cr Boyd of the Cmmty M~)'or S!<'pnt'll P. Clarl• ami the Attleboro Cf1}fi_c·f-'.

Eth:•..·grd .Jnstii! SulEn:~n ~.-~·r.s the dt:i.n oi bonnl of coun!y ,.,mml~.,inn<:rs offieial!y <lecbt·ed this tiar "A<Hk F'1 an!; Day" in the !o(~a1 pre:;s cc.rt:;s; l!e \7'10t~k1 gladly ==:hare · his t:-:p<?-rti.:::-~· when asked. H.F d~d it ·with ache~]O:t" of tr.t;s. CVt'JJL C"\.~l.'d.(:_j, t;1.f.\.l'Jt.'; B.lld kil1d1~('SS. - Um!u thP. '''J!e IN•rle·~h'p of Hi~ ·i\lbmi - Hl3 deft:nt·.:..s in phrqsing qilestions ga.ve Aune Franh Exh~hi~joi1 ("..;;t~Hnitt.€e Cf.l(~rd~~ clear notkE- to nvl~tical candidates that he nnt.:~r i\1cde ~:..1fer.~tcin ::uH] ('(1mmh~ee v. :a~ I}('..!i+.i""'a1;,_. r._.St'lLP If p.crtinrr:t :t}lS\\"t-t-~ ·· mcrtJ~H~l· Addf' S.tH1<H~£rg. thi"' i_•t-·en! h:tot:ght Gitj~-:.~t ;~~e.}~~ d"H~ ·i~· ~k"Hi:·~l1;y ·1~1;,tii l1e w~~ tc;dh€r a div"n" !·,.pr,·s<:Htatinn <of pruple sah..sn':d '.\·1th t.he r0$pon~e. \.Vitlle aiwtl..'-'.:; a cornpetito:·, he \VOllld thr.!!ugh<'Ut. th:~ Iln..-h: CrJ:.!r;ty ('O;rnnnnH~· to shi!H.~ in tn~dt'rst~tv::Hng en irnpo:rtaut S{.'J'i~s sh2.re !1~,;;; :nutt:s H n.noth£-r reporter arrived la f{:' fDJ lnE·foi ;r·:r of cn·nts in wo1·ld hi>inl'y nml in kant of Art;r ·~,;~~{ \3~·yd were given tributes and .-!

hf'

the hnp~ct anrl t.fgney of AIH!i: Fro.nh:. . gifts by th~lr r.el1Pagut::; hnd pt;b1.ic offlcial.s, I <>ffer my (:ongratu!ati•Jm t1> aH that SuHi\'3.n rf:rr.a!·k.~d that he !~r..ew he h3dr;·t were im·olvcd in this oig-nif\eant and de- adjusted t.o rr:tire~ent yet b<:CJ.I:J:;e his first maMHn;r undertaking tim> beni'nted our thought \l'ho?r~ he loo!~cd arc~Jnd ~~nd Gct\¥ aJl the ";-j~·\\·:::ln.~-.1--:trs .. pre~tnt. \1.-~..!.S. '·And entire 80llth Flor~dn community. here I 2m without n'.Y pad."

SntUvc..n t-~Xi.l:'nd~--d "a very sincere thank DE.AN OF PRESS CORPS RETIRES vou"' to all u-~o3t2 who can1e to honor hir.tl, as weH as to his ··very lo\·inr; and to1erar:.t wile." Observing tl!aL ·•in Fall Fiver 'i;e have FRANK hzd gr<:at reJ;,tionsl'.ips.'' Sulli\·;;n ~aiel what OF 1-I!ASSACH\.!SET"iS he trea;::ure~ r:1o:3t rcbout his career is the 1N THE HOUSE 01<., RE~R:SSZ::NTATIVES n1utu<1.l respect bet.\vten hirns~U s.nd fi1e publ!c. · 71wrsda:y, Dece1:<ber 1f!; 1985 Mayor Carlton l\1. Viveiros. terming SulliMr. FRANK. Mr. Speakt'r. J h~:l' 1hi~ op- van and Boyd ''t'.YO nne ge~tie!nen wl1o are p{ntunity to pay trihd.fe t.• Edward .lu~tin 1ve!l rr·sn-;ctr:d and trusted." s&id he treasSt~l!ivan. the l"c!jring dean of ihe Fall t:res his relationship with "Jud" Suni·;an

BON. BARNEY

. December 20, 1985

because Sullivan's agenda was always to get the story and to give the public the facts. hoE~stly and without m::>lice.

"I don··t knoy; where this community would be without guys likt; you ;,1.:-.king sure ~;e stay on our t.oes." snid Vh'eiros.

James V. Wyman, the Jom-nal's deput.v executi''e editor. t.o!d the gathering that both Sullivan and Boyct established strong personal profile.; and lived up to principles that caused people t.o trust them.

He addE'd that both Sulli~'an and Boyd ha,:e set stand:ucls that r.:ill be followed for years to come.

Also paying tribute to tbe ret.iring journalists l<·ere Bernie Suili\·sn. Massachusetts news editor for the Journal. and Dave Crombk, a reporter for the newspaper.

Bernie Sullivan thanked "Jud·· Sull!van a.nd Boyd ''for the honor c·f learniLg from them and working with them."

The master of ceremonies. reporter and columnist Bob Kerr. said he e:q. ects that there will be many occasions when he and his coll<>agues in the Fall River office will s:>y, "If only •Jud' were here." He praised Sullivan and Boyd as the kind ·o{ profession· als who were generous in teaching young re· porters and in letting them develop and find themselves.

Bot!1 reUrees were given citations and proclan1atlons from their re;;pective cities and the state Legislature and portraits of themselves by Frank Lanning. retired .Journal artist.

Jud .Sullivan could bang out an interesting story from the most meager information. In a 32-year cal'eer with th€ Journal he covered events of every kind in a crisp, clear style. writing stories ranging fron1 fast· bn:aking news to such "brights" as how many Sallivans or· M<:deiroses were in the phone bo·Jk .

His career sp<mn2d the old school of typewrittrs. glue pots and pasted copy ma:·ked "30." to the era of video displ~y termin<o.ls.

He alv>ays m:1.int~.ined a i:resh a.pprnach ar,d continued tracking stories. l-Ie wrote honestly and in good ta~te ab(1ut people and a city he kr,ows well. As a kid he lh-~d on Fcr£st Street, and he gradu~~ted from B.M.C. Durft'e High SC;hool in 1939. ,T~;d Sullivan pitchf·d for St. Mary's in the CYO League. He graduated from the Boston Uni\·ersity S<:110ol of Journalism .in 1943.

Th?"t .June he 1•:•;.s ir.ducted into the Marine CGl'P~-

The 5e!Tice EG-'.'E"

th~

young r,:ie:1rine a good

chan{'e to hone his zkills. Su11ivan sern:d ·as a combat photographer fo:r the 2nd l'.1arine Division in the South Pacific for most of Wmld War II while attached to public relat~0ns a.nd dh:ision intel1igr:nce.

Returning from the military in 1946, .Sulli· van was news director at ViALE until join· ing the Joumal in 1948. In 1\.'51 he was nar.n_ed ma;Jr..,ger of the Fa11 Rivf-r bureau .

In 1965, then I'v'!Clyor Roland De~rnaralb named 8:.1l!ivan to lead the new Community Action Pr-::gram. A yen· late.!· it becanH:: C!Uzens for Citizens. He organizAd !t and S£-.rved ?.s its fir~t executiFe direc:tor <.mtil l!J70. when he returned to tll2 Journal and btcame lora.J bureau man~.ger.

Married to the forr.... er Mary Lou M8.Urer, he is the f<1ther of ·eight children.

He wrote his last s~ory at the bureau nev;s!·oom on Nov. ~<0.

About retirement? 'Til jm;t sit aTou;;d and rt:"1ax for a month or so. enjoy gE-ttirlg nlJ:ay from ha\'lng t.o meet deadlines and thim decide ,xhat I'll do after that." SuHi~.·an commented.

December-20, 1985

E 5805

CONGRESSIONAL RECORD- Extemions of Remarks

DOUBLE LOSS-DOUBLE GAIN

HON. BILL SCHUETTE OF MICHIGAN

ARCHBISHOP MOELLER HIGH SCHOOL CHAMPIONS

HON. BOB McEWEN

IN THE HOUSE OF REPRJ>:SENT.'\TIVES

OF OHIO

Thursday, December 19, 1.985 Mr. SCHUE'ITE . .Mr. Speaker, like her husband, Mrs. Nancy Addleman has served the people of her community well, and I commend her for her active involvement.

Nancy Addleman's activity in the General Federation of Women's Clubs of Michigan culminated with her election as president of the Big Rapids Intermediate Women's Club. During her presidency, the club was elected club-of-the-year in the State of Michigan. Her activity in this organization also gave her the opportunity to become the assistant director of the Hugh O'Brian Leadership Seminar held at Central Michigan University in 1985.

Nancy Addleman was also active in the Girl Scouts of America. She and hel' family were long, active members of the United Church in Big Rapids, !';II. In addition to holding her elected position in the GFWC, Nancy Addleman's leadership capabilities were also recognized by the people of Mecosta County, for she was elected to the Big Rapids School Board and rose to the presidency of that board.

Although the people of her community will miss h~r. it is with great pleasure that I recommend Mrs. Nancy Addleman to the peopie of .Missouri.

IN THE HOUSE OF REPRESENTATIVES

GEORQE MILLER LAUDS FOOTBALL CHAMPIONS

CONGRESSMA.l~

HON. GEORGE MILLER OF CALIFORNIA

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 1\Ir. MILLER of California. Mr. Speaker, am very proud of two outstanding high school fol)iba!l teams from my district in Contra Costa County, CA, which this year won their reope.ctive championships in the north· coast section. I know that all Members of the House of Representatives will want to join me in saluting the achievements of these young athletes and their coaches.

De La Salle High School ended a perfect 10-0 season with a victory in the North Coast Section 2A Championship, and even the opposing coach from Marin Catholic admitted that the Spartans were ''the best team" he'd ever seen. That same sentiment was shared by De La Salle's own head coach, Bob Ladouceur.

Pittsburg High capped a year of impressive victories and a 10-3 record in winning the North Coast Section 3A Championship.

I a.lso want to call attention to the accomplishments of this very fine team, and their coach, Larry Rodriguez.

It is a great honor for me to have two championship football teams within my own congtessional district, and I am delighted to take this opportunity to congratulate the members of those teams, and their coaching staffs, on their outstanding seasons.

Thursday, December 19, 1985· Mr. MCEWEN. Mr. Speaker, it is with great pride that I take this opportunity to express my congratulations to Archbishop Moeller High School regarding their seventh Division One State Football Championship.

Their recent 35-to-11 victory o\·er Canton-McKinley High School was impressive to say the least. This win illuotrates the hard work and perseverance of these players to be the best football team in Ohio.

During the football season this championship team had tl:e strong support of their fellow students, parents and friends to achieve this coveted state crown. In my view, this kind of dedication is the hallmark of school spirit.

Mr. Speaker, the Moeller High School fo9tball team has players from four different congressional districts. We all share their joy in this noteworthy accomplishment and wish them future successes. I have provided the names of this formidable organization for the consideration of my collea!,'ues: MOELLER HIGH SCHOOL STATE CHAMPIONSHIP FOOTBALL TEAM 1985 VP.RSITY PLAYERS

Ashbrock. Frank, Jr. LB. Back. Don, Sr. LB. Baele, John. Jr. LB. Bates. Doug. Sr. LB Bauman, Eric, Sr. G. Bayer, Tony, Jr, LB. Braig, Kevin. Sr. DB. Bratten, Tom. Sr. TE. Brisben. Brent. Sr. WB. Carney. Chip; Sr. LB. Clark, Brian, Jr. LB. Cline, Hal, Jr, DT. Codner, Drew. Jr. TE. Dawson, Tony. Sr. DT. Dunn. Don, Jr, T. Eckert. Charlie, Sr. G. Ennis, Ed, Sr, T. Fisher. Rob, So. DT. Francisco. Shav.m, Sr, FB. Friends, Nathan, Jr. DT. Fulmer, Kyle, Sr, DT. Gallagher. John, Jr. DT. Gahr.

Steve, Jr, FB. Gillen. Vince, Jr. SE. Griffey, Ken. Jr. SE. Grossheim, Rob, Sr. T. Henry, Greg, Sr. DB. Henson. Dan. Jr, T. Hilvert, Ray, Sr. WB. Hounchell, Eric. Jr, DB. Hunter, Mike. Sr. DB. Jackson. Tony, Sr, TB. Jacobs, Brad, Sr. G. Jennings. Tim, Jr. DB. Kadnar. Matt, Jr. LB. King. Terry, Jr, DB. Knecht, Jim, Jr. LB. Knepler, Carl.

Jr, WB. Konard, Ken, Sr. SE. KO\·aJik. Dan, Sr, LB. Krimmer, Jeff. Jr. LB. Latzy, Matt, Jr, DT. Lemme!. Mark, Jr. G. Lewis, Chris, Jr, T. Lewis, Ken, Jr. TB. Logan, Jim, Jr. DT. Lohr, Chris, Jr. T. Lyon, Todd. Sr. DB. Madden, Jeff, Jr. WB. Marklay, Tim, Sr. LB. Marshall. Scott, Sr. FB. McKenna, Mike. Sr. TE. Murphy. Bryan, Sr. TB. Murray, Vada, Sr. DB. Neierrt, Todd, Sr. DT. Nicholson, Tom, Sr. QB. Papes, Jason. Sr. SE. Parchman, Chris, Jr. DT. Pisciotta, Hal. Sr. K. Poweil. Bob. Jr, DT. Powell, Mike, Jr. LB. Purvis, Tim, Jr. T. Rawls, Chris, Jr. D:a. Ringle, Torn, Sr. TE. Russell. Jim, Sr. LB. Ryals. Trevor. Sr. C. Rytel, Larry. Sr. LB. Sagrati. Joe. Jr. DB. Schaffner. Scott, Jr, QB. Schaffner, Todd, Jr. C. Shaw. Alan, Sr, T. Stephens, Matt., Sr. C. Stricker. Eric, Jr. LB. Sturgis, Mike. Sr. DT. Teuschl, Tom, Jr. K. Weible, Eric, Sr. LB. Weis, Steve, Sr. DT. Whigham. Cliff, Jr . .TB. Willging, Dave, Jr. LB. Williams, Brian. Sr. DB. Williams, Darrell. Sr. LB. Williams. Keno, Jr. FB. · Captains: Chip Carney, Roy Hilvert. Vada Murray. Trevor Ryals.

Coaches: Steve Klonne. Head Coar:-!1.

Jeff Liebert, Athletic Director and Offensive Backfield Coach.

Pat Orloff. Offensive Line Coach.

Marc Bjelac. Defensive Backfield Coach.

Bob Tull. Offensive Line Coach.

Jim Lippincott, Defensive Coordinator.

Assistant Athletic Director.

Gary Leibold, Defensive Line Coach.

Jim Nienaber, Head Reserve Coach.

Tom Stellman, Reserve Offensive Line Coach.

Tim Schira, Reserve Linebacker Coach.

Mike Shibinski, Reserve Defensive Back Coach.

Dan Bjelac, Head Freshman Coach.

Bob Kolkmeyer, Freshman Linebackers Coach.

Carl Kremer, Freshman Offensive Back Coach.

Team physicians: Dr. FTank Cianciolo. Dr. John Gillen. Dr. Paul Kollman, Dr. Edward Kremcheck, Dr. David Schlueter.

Team chaplains: Rev. John Putka. S.M..

Rev. Joseph Tedesco, S.M., Bro. Robert Flaherty, S.M. Managers: John Belle, Mike Bramble, Dave Beutel, Joe Beyer. Mark Dornoff, Mick Eck. Mike Habegger, Mike Rauckhorst.

Trainers: Steve Damico, Mike Frank.

Statisticians: John Dombacher, Rory Ingram.

Equipment managers: Joe Asbrock, Harry Becker, Cliff Kemp.

Administrataive assistants: Don Goff, Bill Straub.

Special projects coordinators: Zip Montag, Ralph Petering.

Athletic secretaries: Carol Campbell, Mary Rice.

Rally coordinator: Bob Hotze.

Cheerleaders: Jody Liebert.

Band director: Rick Hagee.

TAX REFORM

HON. BARBARA A. MIKULSKI OF MARYLAND

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Ms. MIKULSKI. Mr. Speaker, on Tues. day night, by voice vote, the House passed the 1985 tax-reform bill. I have always believed voters have the right to know where their Members stand on issues. I don't think Members of Congress should ever hide behind a voice vote.

I supported the bipartisan majority to keep the tax-reform steam engine on track and allow it to pick up more passengers. I belive the principle of tax reform is important. I believe that tax fairness is essential.

And I believe our efforts to achieve these goals must continue.

The tax bill passed by the House has good news and bad news in it. The good news is that it compresses the number of tax brackets, increases personal exemptions, keeps deductions for State and local taxes, does not tax fringe benefits, closes loopholes, and has a minimum corporate tax to ensure that corporations that profit off demoncracy help pay the cost of democ· racy; Bet there is bad news in the tax bill, too.

In fact, there are several parts of the bill that cause me great alarm, and which I tried during the last few days to correct through parliamentary initiatives. I hope these concerns will be corrected in the Senate.

E 5806

I J.

t

CONGRESSIONAL RECORD- Extensions of Remarks

Chief among my concerns is the fact that partment of dental health, -and administra· i do not like the new wav in which munici- til'e intern fc•r Allied Health Education. fl:J!. State. and Feder~;.! employee pensions Not· only was Dr. Addleman chosen ·for ai't' taxed. I don'i. think it's fair to P<'nalize advanfement al Ferris, h€ was also elect\'d pnHee officers, t.eaehers. FBI agents. Social -by his peel'S to be president vf ihe Am~ri· Security w<.>rkers, and others who already can Society of Allied Health Prof~ssions. make major c<Jn~ribulion~ tn oul' sodety He held many posHions in this important thruugh· the wdrk they do. urganization. Serving as chairman •)f the That'~ why l n•l.ell v,lth tht· ent.irf' Mary· Coundl of Edul'aiiona! Institutions, as a land ddl'~·atio~; for the parliar.:t'ntary Of)· member of the National Acnediting Agency portunity to r;,mov~e this pnn·i"ion. We lost for the Clinicnl Lahorat<HT AS:i•.lciaiion. thai ~·ote, but i will cor:!inm: t.D do what- ami chai<ing several othl'r committees, Dr. ev::::r I (:an to ensure that \\·hen !he final bill Addleman was <:hosen to be a Fel.low of ,·e;v:hes t.he House again that this provision · this prestigion>: socidy. will not be include-d in iL As Dr. Add!t'man·~ cnrt>er is highly itnAnoth€r eoncem d-eals wi!h economic ptessive. his community im•oh'f~ment is growth. I think Congr~~~ ~hou!d do every- equal!)' s(\. Dr. Addleman served as pr-e~i­ thirig it can to elwvurnge busine~s;;s t.o dent of the 1\lcco~ta County An'<' United h;•·e~;\ in America. Hesearcll and developWay; was a memhe!' of the Mecosta·OS('cola · ml'nt stimulates Ameriean ideas for Ameri· Youth Attention Roard; served on the em~ jobs, and we need investment tux cred· board of directors of the f{et.ircd Senior its to en•w•nage busines~es io buy Am.;ri· Volunteer Progrr:m; was a memb.::r of the . can equipment and mlH.:hinery.

9!lth District ciuh; taught Sunday :>chool at Fin;;!ly, I belie,·e it's abst\lutely essenii:!.l the United Clm1·ch in Big Rapi<h. Ml: and for ns to reduce the FedHal deficit. I want was extremely arthe in the Boy Scou1~ ul to ·s_,e revenues from the new minimum America. rorporal.e tax ~r.•·eciflcally target-ed fer defiIt is for tlws~; rl':asons. and be~au~e I dt 1·eduction. 'l'h<;>s~ new re'el1'o:es ~hould know the charadi'l. of Duane Addleman. not just b<' 1•~1t hack inio the Federal that I wold like to recommend Dr. Duane •~heckho(>k.

Addleman to the <:itizer.8 of MissmlrL The In the soming months, the U.S. SH:ate loss of the people of Ferris State and the will be taking a look at !his tax-reform bill. -surnmnding communities io the gain of the I will be watrhing \·ery closely to see what Jl<'Ople of Missouri. changes they nmke. I wi!i be d;)ing everything I {:an to see this hW is impwved by BILL NELSON'S IMPENDING RIDE co;re.c~ting the cnnce)~ns 1 hav~ ju:it out ..

ON THE SPACE SHUTTLE iin1~d. ltb. Speaher, on Tue<'d;,y night tht: H•JU8e vokd to ke!'p tile issu;; of tax reform on· SPEECH OF trade The steam eng~M: fms left th(' station HON. CHARLES E. BENNETT l.iut then: is a l<•ng- way to gn before the OF F'l.O.R!DA train readws its final destination at the IN THE HOUSE OF REPRESENTATIVES Pnsideni's desk.

I .am one !Yiember of Congress who wants Monday, December 16. 1985 to m~:l!e sure there are changes in the route Mr. BENNETT. Mr. Speaker, it seems Sl) that more ~ass~ngers ~an dimb aboard as this tr<J.in mo,·es t.owan:l ec·oncmic that it was just a few· years ago thst man fi:-st set foot on the 1\Ioon. Since then. om· gro--.vth and f-'i"•rtsp£'rdty. e;.:ploits in s;)al'e lwve gr(•wn.

Expanding om· horizons--exploring the MICHIGAN'S LOSS. JWISSOUHIB f!nal fnmtier-is stili ,·ery much ingrained GAIN in Amedea's faurir. To explore is in our blood-t" · r•·ad• out io the unki10wn is HON. BILL SCHUETTE what thb <·eHntry is about.. .InquisiHvencss dwells in .. u, he<-.rts.

OF MICHIGAN N"w a frie•ld of mine-a colleague has a IN THE HOUSE ()F REi'RESENTATiirES rhance to be a r,art of this exploration.

17wrsday, December 19, 1985 Congnssman BILL NELSON is set for a Mr. SCHUETTE. Mr. Speaker, I rise jom·n-ey that will surelv be with him for as today to comme!\'d the charader and dedi- long as he live8. I co~1gratul4te .M.r. NELSON cation of Dl'. Duane Addleman. Ove.r t.he for his oppol'tuniiy-an opportunity that )'ears. Dr. Addleman has served the stu- t~omes to very few. To be part of th•~ aeiion. dent~ and staff of Ferris State Col!-~·gc, Big the act!c!n of spc~·ct explorat1on.

Rapids. 1\H, in various <'apacities. His most Sally Rid(·, the first woman in E.pacerect:nt. position was acting dean of the Senator (;A~'l. Hu.• first poEiki;J!l in 11chool of a!!icd health, a posltio!l he has Sp3ce-nnw BILL NELSON. Who wouldn't held since 1952. want the chance to tr·aH:l in spaee? BILL Upon leaving Ferris State College t~ NELSON, a truly fine person. rlf.·~erveg this a•:•:ept a position ai Southwest M\ssouri honor.

State University, /:Dr. Add!eman's rnan)' I'll conduue b}· saying that my b€~l fri,.nds hmwred him by aduwwkdgin~ his wishes a:re with (;ongres~man NEJ.SO?I: as he career accompli;;;hment.R and comwunity parta!u~s in this manehms momenl. The service. Pri0r to becoming '3.ding dean of Sial<: of Florida and Congress shuuld be the Rchool of ;tilled health, Dr. A<l!H;~man proud for this moment, as we were fli'O'tld .>c·rved as associate dean, assiE>I.ant dean for whcr. SenaL•)r GAHN took hi~ pla<"t: IE1 the administration, and assistant to the ci!'an. ht> ·~lso served as t.he acilng h<·ad of the de·

December 20, 1985

shuttle. Perhaps the day will come when e'·eryone will have the cha·nce to go into outer space. Until that time, those of us left behind can only congratulate those chosen. knowing full and W€!1 O!li hrarts and om· besl wi~hes will be aLuard, if not our bodies. In the case of BilL NELSON. he is a IU:1!l of great spiritual strength and natura! lradership. He is the kind of pN'SfHl who de~erH~s this opportunity.

CONGRATULATIONS TO HIGH SCHOOL

LAFAYETTF~

HON. LARRY J. HOPKINS IN ·rB:E HOUSE OF l<EPRESENTI\TIVES

Thursday, December 19, 1985 li'Ir. HOPKINS. !Hr. Speaker. I would li!,e to tahe this oppmt•mity to congratuial~ Lafa:-·ette High Schooi fmm Lexing-ton, KY. for its recent lie fnr first-place !n the 1\nowledge l\hste1· Open, a national a{'a. <iemic competition cowring a variety of ~ubjects· frum sciente to music. J.n a(fdition, 'fates Cre~k High Sehoul and Henry Clay High School, alsu of Lexington, were 58th and 6(n!l. resp-ectively, in the 600 school naiionwid-e compditio~.

This uccompli~hmcnt by Lafayeile stu. dents Chris Mullins, Neil Scheurich, Alex Reeae. fukat Patel,. Brian Reed, Gl'eg Peterson, Larry Taylor. and Eric Brouks signifies the discipline and sacrifice that. has been the hallmark of ol!r Nation she.::e its inreptinn. Their <ledh~ation to their studies is similar to our forefath~:rs' d~slre to obtain an education.

One of the most lmpi>rtan\ inn:stments we continue to make for olir national s~cu­ rity, our economk stability. aml our continued strength as a world leader is in education. \Vhen young people mak<' un effort at. excelling in acad{·mics, we <·annot h!'lp but be optimi~tie about the foundation WI' are laying for t\merka 's future by this invo.:stm~nt.,

I salute these students a11d tht'ir teach~rs. and feel proud that tlwy an: in I?J~' district.

And, I commend to nt)' ('O!!e<lgues <)l.!f n>n· tinued support for excelknee in .-dnt·at!cn and in our Nati(ln·~ future.

FREEZING FUNDS OF JUVENILE PHOGRAMS

HON. MEL LEVINE OF CALIFORNIA

IN THE HOUSE Oi'' REP.RESENTA'l'rVES

Thursday, December 19, .1985 l'.k LEVINE of (:alifomia. Mr. &peaker.

I am outraged by the adion of the 0.1\olB in freezing funding for junnile jusiice· pro· grams. 'fhis is technically an impoundm·~nt of funds; it d€fumls vital p1·ogram~ n'hich reduce juvenH€ l~rime, and i1 is an ular~ning precedent ror fut;u·e ·pos~ible funding fr·eezes. Further, tl:e timing of this adion . coming HS Congress is pr~paring to rect-ss, c!'.'arly indicates the intentio11 of the OMB to foil the hudg.;t. proce;:s.

December 20, 1985

I am alarmed because this action is an Although the Department of Transportaimpoundment of funds under the Budget tion has recently decided to hire 1,000 new and ftnpoundment Control Act, which controllers in 1986 and 1987, this action, by states that Congress ·must be notified of itself, will not be enough.

For every 100 new controllers hired, exany proposed rescission or delay of funding. In the absence of such notification, the perience has shown that less than half will appropriated funds must be spent. Congress reach full performance level status. Even in has appropriated funds for the Office of the best of cases, it will take years for a Juvenile Justice and Delinquency Preven- new controller to reach the desired le\'el of tion, and has received no notification of re- proficiency.

On the other hand, it would take only scission or delay. Consequently, this funding freeze constitutes impoundment of months to retrain selected controllers who funds, and a violation of Congress' prerog- were released in 1981-controllers who have proven records and many years of exative in the appropriation of funds.

Additionally, I am outraged because this perience.

The administration has made its point action de-funds programs which work to divert the troubled and high-risk youth that illegal strikes will not be tolerated. I who often become career criminals. The don't think that there's anyone in the South Bay Juvenile Diversion project, in world who doubts that at this point.

I feel i,t would be appropriate, at this my district, works with approximately 500 first-time youth offenders a year. Eighty time, for the administration to review on a percent of the youth who work with this case-by-case basis the status of former air project have no further trouble with the traffic controllers to determine whether legal system. The funds we spend on juve- they have the qualifications to be rehired nile justice programs we receive back again and are truly willing to abide by the rules as these youth become productive adult and obey the law.

Having been denied their careers for a citizens. The funds we cut from juvenile justice programs, we lose in future spend- full 4 years is punishment enough. There ing on police, courts, and jails. Mr Speaker, are persons convicted of serious crimes who have been placed on probation for a this spending cut is no sa\'ings.

Finally, I am alarmed by the ramifica- shorter period of time than that.

I don't think it would be possible to tions of this action. Does the OMB plan to de-fund other programs in this way? If this make the fired controllers suffer any more action goes unchecked I am concerned that than they have already, but it is clear that the funds for other vital programs will be the quality of our air traffic control system impounded equally capriciously. The Na- continu~s to suffer from not having enough tion's elected Representatives have the re- seasoned controllers.

I was recently contracted by a constitusponsibility for appropriating funds in the best manner to sen'e the needs of the coun- ent, Mrs. Marie Miller of Brigantine, NJ, try and its citizens. This responsbility whose son was killed in a tragic mid-air cannot be adequately exercised when Con- collision over the Teterboro, NJ, airport. gress' decisions can be so easily circum- He was a pilot of a Nabisco corporate jet at the time. vented.

Certainly, it is impossible to say whether I strenuously object to this action, and I call for the immediate release of these this tragedy could have been avoided if there were more highly experienced air funds. traffic controllers on the job today-the indications are that it would have made no TRAGEDY OVER TETERBORO difference in this case.

I have discussed this incident personally J. with Federal Aviation Administrator OF NEW JERSF.Y Donald Engen, who is firmly committed to IN THE HOUSE OF REPRESENTATIVES maintaining the highest standards of air safety. Administrator Engen strongly beThursday, December 19, 1985 1\lr. HUGHES. Mr. Speaker, as many will lieves that the system is adequate and that rl'call, the illl.'gal strike by the Profl.'ssional in any event, this unfortunate accident reAir Traffic Controllers Organization sulted from other causes.

Nevertheless, Mrs. Miller's points are well [PATCOJ in 1981. drew a tough response from the Reagan administration, which taken concerning the increased congestion and flights by inexperienced pilots, comfired some I 1,500 striking employees.

At that time, I did not criticize the ad- bined with greater overall air traffic and ministration's firm stance because I felt substantially fewer controllers. I want to that. as a nation, we should not t•ondone il- share Mrs. l\1iller's letter with my collegal strikes by public employees whose leagues at this time: BRIGANTINE, NJ, service is vital to protecting the public December 5, 1985. safety.

The functions for the fired PATCO mem- Hon. WILLIAM HUGHES, Northfield, NJ. bers were taken over by supervisory perDEAR CONGRESSMAN HUGHEs: In 1980, you sonnel as new controllers were recruited made us very happy by offering an appointand trained. Unfortunately, despite the ment to our son, Douglas, to the U.S. Naval effort to fill the· void left by the fired con- Academy. He was also offered an R.O.T.C. trollers, it is apparent that the air traffic scholarship from Harvard at the same time. control system has simply not kept· up, As it happened, he chose the Harvard scholeven after the passage of 4 years. By and arship and has been happy with his decilarge, today's air traffic controllers are sion. However, we will always be grateful to you for seeing his potential and for making overworked and in many instances under- us such proud parents. experienced, as the volume of air traffic I am writing to you. not about Douglas, eontinu"S to grow and grow. but about our other son, Greg, who was just

HON. WILUAM

~

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CONGRESSIONAL RECORD- Extensions of Rem<trks

HUGHES

as capable and had accomplished so much in his short life span of 36 years. He was killed in a fiery collision of a corporate <Nabisco> jet and a small Piper Cherokee on Nov. 10, at the Teterboro, NJ, airport. We buried him on Dec. 3, after the investigators had released his remains.

It is a terrible thing to lose a loved one. and even more terrible to lose one's cl1ild, but to lose a wonderful. talented, bright son with so much to offer, and in the prime of his life, through a needless accident makes the sorrow so much more difficult to bear.

We have learned, since Nov. 10, that the place where he was killed is an unsafe place.

Many people in high places apparently are aware of the dangers. but so far, nothing is being done. We are appalled to find out that: L Air travel grows more dangerous daily.

2. There were 50 percent more misses in 1984 than in 1981. .

3. The system has 5.147 fewer air traffic controllers than it had at the time of the strike.

4. Controllers are overworked and inexperienced.

5. In 1984, 1,897 operational errors were made. in which aircraft were permitted to come closer than safety rules allow.

6. Air traffic has increased 8 percent since 1981.

7. It now takes only 2 years for a controller to become fully qua.lified, instead of 5 years.

8. The union, which was responsible for the strike no longer exists and there is no reason not to rehire the experienced controllers.

9. At Teterboro Airport, on week-ends, it is a "zoo", with many pilots with few hours and little experience, taking off and landing in the same areas with the large planes.

Greg was the Chief Pilot for Nabisco Brands and one of their best. When the Chairman of the Board flew, it was our son whom he wanted in the Captain's seat. Greg had flown 9,000 hours and had a perfect safety record. He was always aware, cautious, and determined to keep his passengers, his co-pilot, the plane and himself safe.

We know in our hearts that he died because of someone·s mistake, but not his.

Senator Paul Simon, on the "Today" show spoke of this accident in North Jersey and said that if measures are not taken to right the wrongs that nO"-' exist, we can ·expect to see more air disasters than ever before.

I urge you to use your influence in the Congress to se·e that changes are brought about so that more lives are not needlessly wasted.

Respectfully yours, (Mrs.) MARIE MILLER.

LEGISLATION TO BAN THE SALE OF COOK INLET OIL

HON.THOMASJ.MANTON OF

NEW YORK

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. MANTON. Mr. Speaker, I recently introduced legislation, H.R. 3817, along with my colleague from Maryland, Mrs. BENTLEY, to place the export of crude oil from Alaska's Cook Inlet on the same terms and. conditions as Alaskan North Slope oil.

Earlier this year, Congress reauthorized the Export Administration Act. That measure, which was approved by an overwhelming margin, reaffirms a 10-year congressional commitment that oil produced from

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CONGRESSIONAL RECORD- Extemions of Remarks

the Alaskan North Slope must be devoted to domestic use. The ban on the export of Alaskan cmde oil benefits American eonsumers, p;ovides much-needed maritime jobs, st!"engthens our national security and promotes energy independence.

Despite this strong statement against the export of Alaskan crude oil, this administration apparently intends to ignore the wishes of Congress. On October 28, the White House announced that in the coming months the President plans to authorize. the export of Cook Inlet oil to Japan.

This administrative action is possible because technically the Export Administration Act only pmhibits the export of Alaskan oil that is prouuced at Prudhoe Bay along the Alaskan North Slope and flows thmugh the Trans-Alaskan Pipeline (TAPS). Cook Inlet oil is not transported through TAPS, but rather is carried from the production field Cook Inlet by U.S. tankers to refineries in California and along the Gulf Coast.

Although the 6,000 barrels per day of oil produced at Cook Inlet is a small amount when compared to the amount being extracted from the Nodh Slope, the adminis- _tration's decision is nonetheless a bad one for the following reasons.

Fi;st, proponents of the sale of Cook Inlet oil contend it will help to reduce our trade deficit. Nothing Clluld be further from the truth. In order to replace the special quality of crude oil produced from Cook Inlet, United States refineries would have to buy more expensive crude oil from Indonesia, Norway, or other less stable foreign sources. The United States imports too much oil as it is. Given our serious trade deficit, it makes absolutely no sense to export this precious natura! resource which would have to be replaced by more expensive imports.

Second, the export of Cook Inlet oil to Japan sends the wrong message at the wrong time. It's time to get tough on our trading partners that refuse to play by the rul{;s and continue to deny U.S. exporters equal access to their markets. Last year, the United States trade deficit was a record $123 biliion costing more than a million American's their jobs. This year the trade deficit is expected to exceed $150 billion.

We must work toward a level playing field in international trade. Japan continues to flood our market with cheap imports while denying_ access to an anay of U.S. products. We should not reward JaJlan's closed market policies by selling them our national resources which they refuse to can-y on Unite!l States-flag ships. We must make it dear to Japan and to our other trading partners that we are dead strious about putting an end to unfair trade practices.

Third, the transport of Alaskail oil is the life blood of the American merchant marine industry. The adm!nistratioi!'s actions show that the planned ex9ort of Cook Inlet oil is merely the first step in an effort - to totally eliminate the current restrictionson the export of all Alaskan oil. Our maritime industry, already struggling to survive against unfair foreign competition cannot afford to have the door opened f9r the export of Alaskan oil. Nor can the U.S. afford to be without a strong merchant m~rine industry to provide for our ship-

ping needs in time of peace and our defense needs in the event of a national emergency.

Any r.~ovemPnt toward the export of Alaskan oil will lead us back into a dependence on far less stable foreign ene:rgy sources. Dudng the past d<:cade, we have seen our Nation's ecunomy wrecked by _Middle East oil embargoes. This was one of the main reasons why the Congress voted to ban the export of Alaskan oil. We should be no less committed to pmmoting energy independence today.

Mr. Speaker, the legislation I ha,·e introduced would simply extend the ban on the export of Alaskan North Slope oil to also cover oil produced from Cook Inlet. We must dose the door on the export of any Alaskan oil before it has a change to open any further. I urge my colleagues to cosponsor this important legislation.

December 20, 1985

AUTO EXPORT QUOTAS

HON. JAMES A. TRAFICA.l'.lT.h JR. OF OHIO

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 1S, 1985 Mr. TRAFFICANT. Mr. Speaker, March

31, 1986, is rapidly appwaching. In a little over 3 months the Japanese Govemment must once agi<in make a decision on whether to limit the expqrt of Japanese automobilies to the United States. Currently, mixed signals are being received from the Japanese Government.

Shortly, Japanese manufactures and the Government are expected to begin doseddoor discussions on this very important issue. Many believe the Japanese are like!y to either partly or completely remove the quota limitation of 2.3 million cars as established in 1985.

The Japanese claim that the quotas have served their purpose and should be reCLARIFICATION OF A PROVI- moved. They believe the U.S; Automobile SION OF THE BEEF PROMO- industry has recovered completely and is TION AND RESEARCH ACT now able to complete eifective!y against all international exports. I believe that is simply not true. Many of my colleagues in HON. TONY COELHO both the House and Senate share this opinOF CALIFORNIA ion and believe the United States must take appropriate action to stimulate fair and IN THE HOUSE OF REPRESEl'i"'TATIVES free trade in the international market.

Thursday, December 19, 1985 I believe the topic of fair trade policy Mr. COELHO. Mr. Speaker, I wish to should be given primary consideration clarify a statement regarding the Beef Pro- during the second session of the 99th Conmotion and Research Act of 1985. This is a gress, The Japanese and other foreign trad- provision within the 1985 farm bill which ers must be informed that the United States wili establish an orderly procedure for fi- will no longer tolerate any type of restrienandng and carrying out a coordinated tive trade policy.

In my 'view the Japanese have several alprogram of promotion and research deternatives. One would be to retain the signed to strengthen the beef industry's poquotas at the. present level as a positive sition in the marketplace. This promotion signal ta the Congress and the American and research order is stn:mgly supported by people. Secondly, the Japanses couid allow the National Cattlemen's Association. the qtwtas to expire and instead seek some I strongly support the establishment of other kind of trade remedy. I believe this. this program; however, recently, my col- proposal is highly unlikely. Finally, the league from Iowa, the Honorable BERKLEY Japanese could not only maintain the curBEDELL, brought to my attention his con- rent quotas, but further reduce the pl'esent cerns regarding the rate of assessment on car levels.

Though a finial decisior. on this issue is imported beef and beef products. As chairman of the House Agriculture Subcommit- unlikely for sometime, I can only hope that tee on Livestock, Dairy, and Poultry, I the Japanese Government wii! realize the would like to clarify the intent of this pro~­ true economic shape of our U.S. automo· gram in regard to thi£ particular provision. bile industry and maintain the current When this particular provision brought import quota limitations.

[From the Washington Post] to the subcommittee's attention, it was the intent that domestically produced cattle JAPAN GRAPPLES AGAIN WITH ISSCIE OF AUTO EXPORT QUOTAS wo!lld be assessed a rate of $1'.00 per head <By John Burgess) of cattle eaeh time the animal was marketToKYo. December 18.-Japan has reluc· ed. In the case of imported beefand edible beef products, the rate of ass;cssment is to tantly begun to grapple again with an isSue has few rivals in terms of its potential be the equival~nt of $1.011 per head, as de- that to poison trade relations with the ·United termined by the Secretary. This assessment States: whether to extend quotas on exports on imported beef and edible beef products of automobiles. is to be made only on the single t;:ansaction The current program, which holds sales to that occmrs when the imported beef enters the _Dnited States to 2.3 million cars a year, into the commerce of the U;~ited States. In exp1res March 3L But manufacturers and the government are preparing for closed· making this determination, the Secretary door consultations that could continue until of 'Agriculture is expeded to establish fair then. and equitable rates that do not discrimiThey hope to avoid a replay of last suring, nate against foreign producers or. violate when Japan's announcement that it would raise the quota by 24 percent provoked international trade agreements. angry cries from Congress and helped push trade relations to their lowest point in years.

wrus

December 20, 1985

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CONGRESSIONAL RECORD- Extensious of Remarks

l\Iany officials here concede that the - timing and tone of that armouncement was a public relations fiasco. But they insist th::tt the decision was fundamentally just a step toward free trade.

"We should learn from history and experi· ence," said Makoto Kuroda, head of trade policy at the Ministry of International Trade and Industry. He said no consultations were under way yet and refused to comment further, noting the sensitivity of the issue. "Better to keep quiet." he said.

To date, however, events are unfolding much like they did a year ago. Tile Japanese appear to be underestimating the emotional wallop the iss.ue carries in Congress, and critics in the United States seem to be assuming that. a double-cross is being prepared.

Last W!'ek, Japanese newspapers carried brief -articles on inside pages quoting an un. named senior official at the trade ministry as saying that quotas would not be extended, although he said Japan would re· consider in the event of unspecified "big changes" in the general situation.

The story attracted only minor attention in Tokyo. In many ways it simply reiterated Japan's officisJ position that the quotas are an aberra.Linn and must end as soon as possible. The reported reference to "big changes" left-adequate leeway for continuing the restr~n~. · · In Congress, however, it drew strong condemnation and seems to have been read as a formal decision for a new "export wave" across the Pacific that would worsen a trade deficit that this year is expected to reach a record $50 billion.

A ministry spokesman denied that any decision had been made. Spokesmen pleaded ignorance about who made the statement.

But industry and gol•errunent sources said privately it was the top man, International Trade Minister Keijiro Murata, talking on ba.ckground with the reporters who regularly cover him.

Some foreign analysts here called it a trial balloon. But one Japanese official, saying r..-rurata's statement was in respon.se to a reporter's question, called it a case of politician firingl off emotional words without thinking them through.

The quotas began five >•ears ago to give the U.S. automobile industry time to recov· er from the dark years of the 1970s. Originall.v a three-year program, the quotas were extended twice for a year each.

The Japanese contend that the quotas' purpose is now accomplished. "The U.S. automobile manufacturers have completely regained their strength, and the unemiJ!oyed . rate is going down," Soichiro Toyoda, president of the Toyota Motor Corp., said at a press conference yesterday.

To:;-oda and others eomplain t11at the restraints are in force at a time when the United States is strong-arming Japan to dis· mantle barriers to imports in its own market. Quotas are a fundamental blemish on the principle of free trade, they say_ Last year. Japanese officials depicted it as a concession when t!1ey raised the quota from 1.85 million units to 2.3 million. They could have eliminated it altogether, they said.

As of Oct. 31, seven months into the current program, Jap:mese companies had shipped 1,471,000 cars to the United States and are expected to reach the full 2.3 million. The United States remains t11eir most profitable mai'ket. helping them weather intense competition at home that 11as wiped nut most earnings there.

Japanese companies already have opened a campaign for more access. Following the trade ministry official's words last week, m;,tny issued calls for an end to quotas.

"Trade imbalance should be solved by looking forward, by stimulating domestic demand in Japan and opening its market," said a spokesman- for the Nissan Motor Co .. the country's second-largest producer.

At the same time. however, auto executives continue to talk of a need for "orderly marketing," a catch-all phrase meaning the avoidance of torrential exports~ by less formal means, perhaps self-restraint by in· dividuatcompanies.

Japan has several choices. One would be to retain a quota, as a gesture to Congress, but to raise the numbers again. Or, the quota might be allowed to expire, with Japan switching to behind-the-scenes "administrative guidance." Totally free trade in autos is not commonly considered possible.

At least one analyst, however, predicts that Japan will not only keep the quotas but cut the numbers somewhat. Toshio Obi, an economist. who is Japan's representative of Columbia University's East Asia Institute, says Prime Minister Yasuhiro Nakasone cannot risk a blowup two months before he hosts President Reagan and other leaders of the industrialized West at an economic summit meeting here in May. A

TRIBUTE TO THE NATIONAL COUNCIL OF JEWISH WOMEN, PRESIDENT BARBARA MANDEL

HON. EDWARD F. FEIGHAN OF OHIO

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19,'1985 !Hr. FEIGHAN. Mr. Speaker, nothing captures the spirit of this time of year-a time of hope and celebration, of family and goodwill-as the work of people who have committed themselves year round ·to the goals of fairness, compassion, and peace.

Such is the purpose of the National Council of Jewish Women, which recently celebrated its 93d year with a conference in Washington. I would like to take this opportunity to give well-deserved recognition to the NCJW, which has been headed forthe past 2 years by a friend and fellow Clevelander, Barbara MandeL The NCJW, now 100,000 members strong, has for almost a century promoted a multifaceted program of education, advocacy, and community service. Focusing on the rights of women and children, the NCJW h_as fought on behalf of abused and neglected children, the elderlv. and the disad,·antaged. The group ha; .also maintained a reasoned and compassionate voice for the future of Israel, the United States-Israel relationship, and the plight of Jews in the Soviet Union.

Embodying the best of the National Council of Jewish Women, Barbara Mandel's contribution began over 30 years ago when she joined as a member of the Cle,·eland chapter. In 1971, Barbara v:as elected as president in Cleveland, later moving on to be national recording secretary and national vice president.

She now volunteers her time on the board of the American Joint Distribution Committee, chairs the National Women's Division of the United Jewish Appeal, and sits on the board for the Council of Jewish Federations. Her voluntarv efforts have earned her the Mayor's CH~tion for Exemplary Community Leadership, and seen her

inducted into the 1985 Ohio Women's Hall of Fame. The hall, established in 1978 by the Women's Division of the Ohio Bureau of Employment 'Services, honors· i\•omen who have excelled in their efforts to improve the status of women.

As president of the NCJW, Barbara's efforts turned to an effort to further promote the rights of children. Under her guidance, the council established their center for the . child which now conducts research on social programs and provides needed information on policies affecting children in our country.

For this, and for all the tireless efforts of -the NCJW's corps of volunteers, I hope all my colleagues will join me in commending the National Council of Jewish Women and wishing Barbara the best of luck in her second term as national president.

COURTHOUSE BECAME THE WHITE HOUSE .

HON. JOHN J. DUNCAN OF TENNESSEE

IN THE HOUSE OF REPRESENTATIVES

Wednesday, December 19, 1985 1\lr. DUNCAN. Mr. Speaker, under the leave to extend my remarks in the RECORD, I include the following: COURTHOUSE BECAME THE WHITE HOUSE

CBy Chuck Redfern> For about one hour and fifteen minutes. on TuesdaY. September 24, 1985, tli.e McMinn County Courthouse, in Athens, Tennessee, became the Whitehouse, of the United States of America. Believe it or not.

You can tell your grandchildren that there was a special day that occurred in Athens when the President of our Land came to town and they moved the Whitehouse to the Courthouse. This is a fact, as the communications systems were in place and if the President needed to make a decision of international magnitude, he would have .done it in Athens~ If the "hot ·line" had sounded, it would have sounded in the Courthouse in Athens. If t.hose Russians had decided to "wipe us from the face of the Earth" he would have had to i:lo some fast thinking and talking from the Courthouse.

Every office in the Courthouse had about three extra phones for the Secret Service with special numbers and special significance.

This exciting event occurred because Congressman John Duncan convinced President Reagan that if he wanted to visit the rural areas of the United States and see the· down-to-earth folks who make up much of our country, then he should come to Athens, Tennessee. There is little doubt that the President was pleased with what he saw and what he heard. By the same token. if there is one McMinn Countian who isn't proud that their county and the Friendly City of Athens was selected as the small community to visit in the State of Tennessee, then I'm sorry for thein as it was indeed a momentous occasion for our community.

It was obvious that all citizens, of all political parties, Republican, Democrat, Independnent or Mugwhamps joined together to proudly welcome fhe President and show the United States that we are one of the finest small communities in the countrY. The publicity and exposure-we obtained is beyond the financial capabilities we could muster to buy in the news media. Pictures

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CONGRESSIONAL RECORD- Extensions of Remarks

of our lovely Courthouse, decorated by Jerry Harrill and his crew, to the President holding the Ralide saddle from Plastic Industries, made the pages of newspapers throughout the country, including USA TODAY (a nationally distributed paper>.

Even the television ne>V'tworks showed the same scenes.

The handling of the trip of our President was so well coordinated that it answered the question from some envious cities in our state who asked, "Why Athens?", to which Representative Clyde Webb answered, "Why not Athens?" In one week's time, citizens joined together to put on a showplace for our President that according to Whitehouse and Secret Service personnel was one of the smoothest and most efficiently run visits the President has ever made. Every battle of event needs a General and the unsung hero of this show must go to City Manager Marvin Bolinger, whom the Whitehouse staff labeled as the "Benevolent despot general," meaning he handled the show in a kindly, absolute ruler, com_rnanding manner. He had been elected as event chairman and he accepted the responsibility with dedication.

As Marvin Bolinger asked, "It would take a book to list all the real unsung heroes of this special day as there are hundreds of unpublicized volunteers who contributed of their time and talents to provide the President with an impressive trip to our fair City." From the Rescue Squads, the local and neighboring law officials, the firemen, the Boy Scouts, the Utility Board workers, the City and County employees, the merchants, industrial concerns, Tennessee Wesleyan, the vocational students, the ·bands ~and chorus groups, the man on the street <and ladies) plus goodn.ess knows who else, all jumped in and worked night and day to present a great image of run!.l America· and especially AtheP.s, TN. of McMinn County.

There were htLndreds more who would and could have helped, aP.d wanted to help, but time did not permit to contact everyone.

Many were asked to help while standing as onlookers of the work. We appreciate them all.

The fact that some twenty-two to thirty thousand folks were in our City and millions more saw it on television and through the newspapers, makes it the most spectacular event that hM ever occurred here. No one can s;;,y we didn't do ourselves proud on this day. There may never be another day to match this as f~.r as most of us will see. The crowd· was orderly, the program went smoothiy, the sun came out at the right time. The President was impressed, the media was impressed and lf your "kin" folks and friends living around the country weren't impressed, I'll be surprised.

There are numerous stories to tell that occurred during the hectic days of preparation. It was not iintil eight a.m. Tuesday morning that the decision was made whether to have it at the Courthouse or the McMinn High gym. Crews had been up all Monday night to decorate the gym iri case the ra.ins persisted in falling on Tuesday: Apparently the Reagan charm worked as the weatherman said it was O.K. to l.:eep on "GO" with the courthouse, T'-lesdP.y morning at 8 a.m.

No event turns out to be perfect and there will be someone's nose out of joint. but doggone it, you just have to admit there was a . spechil day in Athens, when the Courthouse became the Whitehouse and a President of the United States came here to speak to us.

Proud? Yessir, everyone is!

U.S. COMPANIES DESERVE TO COMPETE IN THE INTERNATIONAL PHARl.'viACEUTICAL MARKET

HON. EDWARD R. MADIGAN OF ILLINOIS

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. MADIGAN- Mr. Speaker, I am very pleased today to introduce the Pharmaceuticai Export Amendments of 1986. I am joined in introducing this lim by several of my colleag-o.~es from the Committee on Energy and Commerce, including Congressmen SCHEUER, BROYHILL, SHARP, and LENT. I am hopeful that the strong, bipartisan support for this legislation will assure its quick passage by the House.

Mr. Speaker, it is currently illegal for American fim1s to export pharmaceutical products which have not been approved by the Food and Drug Administration [FDA].

This is true, despite the fact that the FDA often moves at a snail's pa~e. and it can take several years for a d•ug to be· approved. Furthermore, oftentimes a drug has been approved by another country and is desperately needed there, but still cannot be supplied because of this senseless restriction.

This restrictive policy has clearly had an adverse impact on the U.S. economy and more specifically, on the competitive position of American firms in the internat!onal market. It has cost us jobs and capital investment by forcing American pharmaceutical companies to conduct important research and to develop and manufacture new drugs outside of the United States.

Ours is the only country that is prohibited from exporting drugs that are lawfully marketed in the importing country but which are not yet approved in the exporting country. This policy makes little sense when the drugs in question may well be available to the importing country from other foreign manufacturers. Our current policy does not prohibit foreign consumers from gaining access to these drugs, it simply locks the United States out of the competition for jobs and revenues.

The bill I have introduced today is very narrow, and contains numerous safeguards to guarantee that th.e health of citizens in foreign countries is not jeopardized by the lifting of the export ban. The Senate Committee on Labor and Human Resources has already overwhelmingly approved a bill, which was introduced by Senators HATCH and KENNEDY, that is almost identical to this legislation.

I urge my colleagues to look closely at this bill and to give it their full support. A summary of the Pharmaceutical Export Amendments of 1986 follows.

SUMMARY OF THE PHARMACEUTICAL EXPORT AMENDMENTS OF 1986

The legislation permits the export from the United States of drugs which are made in this country but not yet appmved by the Food and Drug Administration <FDA> to developed nations which have approved the drugs. Under very limited circumstances, such drugs which are intended for the treatment of tropical diseases and similar conditions may be shipped to developing nations.

December 20, 1985-

COUNTRIES TO WHICH DRUGS APPROVED ABROAD MAY BE EXPORTED (1) Developed countries with sophisticated drug-approval systems comparable to that of the FDA. (2) Other developed· countries with authority: (i) to assure that information provided to physicians, pharmacists. and patients is consistent with the drug's labeling; (iil to detect safety problems with a drug; and (iii) to remove unsafe drugs from the market.

(3) Countries not listed in # 1 or #2 if the Secretary determines on the basis of human testing and other scientific evidence that shipment of the drug is justified to treat a disease or condition in the importing country -which does not exist to a significant extent in the United States.

The Secretary is required to establish two lists of the countries d8scribed in # 1 and # 2 above. The legislation suggests the following countries for inclusion on list #1: Australia, Austria, Belgium, Canada, Denmark, Federal Republic of Germany, Finland.

France, Japan, Netherlands, New Zealand, Norway, Sweden, Switzerland. and the United Kingdom.

CONDITIONS FOR EXPORT

Such a drug may be shipped if: ( ll The drug accords to the specifications of the foreign purchaser; (2) Sale of the drug is not in conflict with the laws of the importing country; (3) The drug contains a label on the outside of the shipping package indicating that it _is intended for export; (4) The outside of the shipping package is labeled: "This drug may be sold or offered for sale only in the following countries:'" ar:d lists the countries in which sale is authorized; (5) The drug has not been sold or offered for sale in the U.S.; (6) Approval of the drug has not been denied; suspended or withdrawn in the U.S. tor reasons of safety and effectiveness; (7) In the case of a drug to be shipped to a country on list#2, the drug has been ap-_ proved by a country on list #1; the labeling of the drug is consistent with the labeling approved by a country on list # 1; the !able has been translated into the language of the importing country; and approval of the drug has not been denied or withdrawn for reasons of safety by any country on list # 1; (8> In the case of a drug to be shipped to a country described in #2 or #3, the drug is the subject of an NDA. IND. or a master fiie containing the safety information required for an IND; (9> The notification of first shipment of the drug is given to the Secretary.

NOTIFICATION OF INT"...NT TO EXPORT

Prior to the first shipment of an unapproved drug, the shipper must give to the Secretary a notice which: ( ll Identifies the drug to be shipped; (2) Identifies the establishment in which the drug has been or will be made; (3) Identifies the country or countries to which the drug will be shipped; (4) In the case of a drug to be shipped to a country on list No. 2, includes a copy of the drug's labeling; and (5) Includes assurances that the shipper will report to the FDA .any serious a.dverse drug reactions.

ADDITIONAL SAFEGUARDS

U> The U.S. shipper must obtain from each of its importers an agreement not to ship the drug into countries other than those authorized under this law. This agreement must be renewed annually.

December 20, 1985

CONGRESSIONAL RECORD- Extemiom ofRemar.ks

(2) If a U.S. shipper or its subsidiary ships a drug to a country in viol:;.tion of any provi&ion of this Act, then the Secretary may prohibit the shipping of the drug and the Secretary has authority to seize the drug, to seek an injunction to halt 2.ny prosci-ibed acti;•ity, and to impose crimin2l penalties. {3) If an importer ships a. drug a COlmtry in violation of any provision of this Act, ther. the Secretary may prai1ibit the shipping of the drug to such importer. ({) If the drug poses a.n imminent hazard in any country authorized to receive it under this Act, tl1e Secretary may immediately prohibit the shipping of a drug to such country.

• (5) If an importer ships a drug to an unauthorized country and the drug poses an imminent 11azard in the unauthorized country, the Secretar;l: m.a.y immediately prohibit the shipping of a drug to such importer.

(6l If a U.S. shipper ships in violation of an imminent hazard order or continues shipping to an in:porter l<..nowing that the importer is resl1ipping to ail unauthorized country. then U1e Secretary may prohibit the ship;Jing of the drug a..'1d th~ Secretary has authurity to seize the drug, to seek an injunction to halt any proscribed activity, and to impose criminal penalties.

(7) The GAO is required. to monitor compliance 1vitb t11e Act and to report to Congress within 2 years of enactment ar.d every 2 years thereafter.

E 5811

tion of competition and multiple cost sourcing for major weapons systems: and the use of the should cost estimating system.

HON. CHARLES B. RA.NGEL The only procurement reform left in the OF NEVi YORK bill is the so-called allowable cost amendIN THE HOUSE OF REPRESENTATIVES ment Thursday, December 19, 1985 A combination of these four reforms Mr. RA~GEL. Mr. Speaker. it is sad would have put the Government in a far when a solider di<"s. It· is sad when he has stronger, more effectiYe position in busirepresented his country wdl. defended our ness negotiations with defense contractors.

Nation, kept the peace. It is especially sad Assistant Air Force Secretal'y A. Ernest when he might not have died.

Fitzge-rald has stated in testimony. before These soliders rlid what soliders d•.l he~t.: the Joint Economic Committee, on which I They kept the peace. The Army's lOI~t Air- serve, that we could cut our $100 biilion borne Division, one of the elite units of our procurement budget by $25 to $50 billion Armed Forces, served ably in the Middle annually if we got our procurement. process Ea;;t, as they have many times before, and under discipline and control. We've blown in many placesit for this year.

While we honor all the soldiers who died, This conference report also represents an I would lil'e to make particular mention of increase of $4.8 to $11.1 billion, depending those soliders from New York State: Pvt. on whose figures you use, over the original Paul J_ Bostwicl,, Pvt. William Brilya, Pvt. House-approved level of fiscal year 1986 deTrevor Campbell, Pfc. Bobby Coleman, Sgt. fense spending. This dramatic increase in Paul Hemmingway, Pvt. Kenneth Nelson, S. defense spending comes at the expense of Sgt. Ronald Sears, and Sgt. Theodore what is left of our frayed and tattered Travis. I would also like to express my social services safety net. sorrow to the family of Sgt. Francisco While we cut the minimal funds still Ocasio, of Juana.Diaz, Puerto Rico. available to help the elderly, .the poor, and While we do not yet know the cause of the infirm, we continue to cater to the the crash in Gander, Newfoundland, our whims of the defense industry and those in sense of loss leads to many questions. It the Pentagon who continue to insist upon highlights for me the need to intensify our gold-plated Cadillac-type weapons when efforts in improving airline safety, both for simple Chevys would do.

TRIBUTE TO TWO MEMBERS OF soldiers and civilians traveling on commerBy passing this bill while operaiing THE lOlST AIRBORNE DIVISION cial airliners. We know that deaths in air- under the spect-er of Gramm-Rudm:m, Concraft accidents are at an all-time high in gress has chosen voluntarily to fall on its the last several years. Perhaps this is due own sword.

HON. LARRY E. CRAIG to chance, but perhaps not. Many aircraft J\olr. Speaker, 1 am not denigrating my accidents are not due to wind shear or colleagues who served as conferees on this OF IDAHO other currently unforseeable weather abbill because I know how hard they fought IN THE HOUSE OF REPRESENTATIVES normalities. 1\lany are due to mechanical to hold the line on defense spending. They Th.ursd.ay, December 19, 1985 or human error. Both can be improved did the best they could faced with tight Mr. CRAIG. Mr. Speal>er, it is with pro- throug·li maintenance, inspection, and deadlines and an unyielding Senate. training. found sadness that I rise to honor the I was pleased that the Federal Adminismemory of two members of the lOlst Airtration is now ordering a broad inspection TENTH ANN~RSARY OF THE borne Division who lost their lives in the of jet engine repair facilities. I commend ITALIAN-AMERICAN FOUNDAtragic crash at Gander. Newfoundland, on that action, which was planned before the TION DECEMBER 18, 1985 December 12. 1985. I would like to express Gander crash, and I would urge an e\·en my deep gratitude for the senice these fine more aggressive approach to aircraft mainHON. JAMES L. OBERSTAR young men ga,•e to our country as part of tenance and personnel training, both in t.he OF MINNESOTA the multinational forces in Egypt-a diffi- air and on the ground.

IN THE HOUSE OF REPRESENTATIVES l'Uit and important mission in the cause of Again, I would like to express my sorrow world peace. at this terrible tragedy, and I would like to Thursday, December 19, 1985 Sp-lc. Sten~n J. Bradshaw of Boise grad- extend my sympathies to ail of those famiMr. OBERSTA.R. l\lr. Speaker, !he lOth uated from Boise High School in 1983, lies who lost a loved one in the service of anniversary of the Italian-AmeriClin Founthe United States.

11·here he was a member of the ROTC dation offered a unqiue opportunity to praised by his commanders. He was headed review the contrihution3 Amerka:ts of Halfor his reassignment to Fort Leonard Wood CO~~ENCE REPORT HAS ian descent made to our great. Nation and in Missouri. the training base for t.he Army WIPED OUT MOST MILITARY to give special re.:ognition t.o some of ourCorps of Engineers. colleagues of Italian descent whose roles PROCUREMENT REFORMS have been particularly significant. It was Pvtlc. Paul M. Crawford i;raduated from my great privil<>ge to attt>nd the October 19, Nampa High School in 1984. He had recentHON. JAMES H. SCHEUER 1985, foundation gala, during which I was ly been married, intended to make his OF NEW YORK deeply moved by the thoughtful comments career in the military. and hoped to go to IN THE HOUSE OF REPRESEI-.'TATIVES offered by Congressman FRANK ANNUNZIO, Germany in his next tour of duty.

Thursday, December 19, 1985 founding father of the foundation. and Although it does little to lessen the Senator PETE DOMENICI, who served as Mr. SCHEUER. Mr. Speaker, today sorrow at this loss, I want thEir families to know that the First District of Idaho, and voted against the conference report on the master of cereomonies for the gala. - ..

Congressman ANNUSZJO spoke from the all A.uericans, will remember with pride fiscal year 1986 continuing appropriations bill. heart and with only a sketchy, written outthe sacrifice these two young men made in It would wipe out nearly all of the .mili- line about the contributions Americans of the sen-ice of our country. tary procurement reforms in our original Italian descent have made to cur country version of the legislation the House passed througout its history. It is virtuaiJy imjlosin June of this year, including: The revolv- sible to reconstruct the tenor of Representing door employment reform: the applica- ative ANNUNZIO'S comments because they

FALLEN SOLDIERS WHO MIGHT NOT HAVE DIED

E 5812

CONGRESSIONAL RECORD- Extensions of Rmwrks

December 20, 1985

Fourm.~TJON lOTH ANNr\'I:P.SP.RY, RFJ\1Al1KS OF liON. :f'P.ANK ANNUN-

dren through guilt by association, innuendoes. and smear tactics. We have no room in America for these peddlaz-s of iies and defamaticn. \~. . e cu·e proud ~ hu_rnan beings to ·e:mnei:J.te tr:e great heritage of America so that c-til' children and gnmdchildren who follow us "~'!1 be .:;quaHy proud of a country that wiH ensure pl':ace and tranquility for all

he makes time to contribute his energies and creativity to the interests of the Italian-American Found<~tion ami is one d the most p"rsua,>ive and effective spokesmen for onr ethnk heritage in th!~ t•nuntry. i offer my congratul:ltions to Jeno Pau-

Z!U.

etC:rnit~/.

The Italian story is literally the story of

This is our goal-this is your goal-and together we shall accompli0h this goHL net only fo!· It~.lo-Amerieans b:.~t for all A.rnericarl';, Ior we mu~t continue to live in a society that will re:!pect the dignity of all rr1en.

The name PETER ROillNO transcends ethr.ic iines becaust he npresents the id;.;al of the immigration experience of America aml_ btcause he repn·sents integrity personified, integrity that reminded Amerka thruughout the Watergate era that the Constitution of this 1;ountry stands above man. eve!! when that person is the highest elected official in the land. Tile Italian-American Foundation has honored Chairman ROuiNO by establishing a legislative internship in his name, a program which will be adm!nist~red by the Marianna Stango Rodino Fu:w!lation. Recipients wili be awarded a 3-mmith intern&hip of a congressional committee; eligible applicants will he Italian-American students from th!! St.ate of New Jersey.

S10nator DOMENICI perhaps best summed up Chairman RODINO's contribution to our constitutional ~ystem with these introductory remarks, whkh I ask unanimous consent to include at this point in the RECORD: Peter Rodino is the only major figme in the Watergate hearings who didn't. make a fortt!ne writing a book. Congres~man Peter R.odino was one of the four.ders of the National Italian American Foundati:m. And just today, he receh'ed the first of our association's public service awards which carries with it the first of our foundation internships which will be kno·v;n iri his name. It will be known as the Fiorello LaGuardia Internship and th.ere will be mar.y to follow but we are very proud that he is the first.

Because, indeed. in terms of our organl.&ation-what we Etand for in our pride and our tremendous commitme::1t to our country and our heritage--he is unequaled. One of the strengsh3 of this great. i\..rnerican system which somehow seems almost to be on the one hand accidential, on the other may <Je providential is that this political system r1as produced people of extraordinary talent who have happened to find their way to be at the right pla~e at critical times. Such leaders have come from the most diverse of places and divers<e of backgrounds such as Abrr.ham Lincoln from a little town of Springfield, Illinois and Franklin Roosevelt from the aristocratie Protrun famUy of the Hud2on Valley. In that tradition is Peter Rodino from Newc...rk, Nev.r Jersey • • *.

Mr. Speaker, I cons!der it a great privilege to s-ene in the Congr.ess wiih Chair· ana11 RODINO. Congressman ANNUNZIO. Sl'nator D{)MENICI, ami 30 Members of Congress of H~,!ian descent with whom I share the Italian heritage. I am also particularly pleased that th~ ch&irman and cofounder of the Halian-Ameri<'an Foundation, industrialist Jeno F. Pau!ucd, is a native of my northeastern Minnesota Congressionai District. Jeno Paulucci h&3 ri~en from the hllmbiest of economic beginnings to make an enormous contribution to the economic of our northeastern Minnesota region and to the Nation as a whole. Slill,

d-t-dicated staff of th;, Itallan-Americ:m Founriatiun in making this 10 ~mnh'en;r~ry ceiei>ratiun such a memorable en-nt.

~ere deliveoed with such warmth and depth of f!:cHng, but ut my re«JUest he has recreatd th<>J srel!d• in co11rlensed form and I indmle th~ r~marks at this pt•int in the

E;.;((J!W:

1'; ..\u\?<-AiVlERICIIN

ADJe:rfca, f0r Jror(l t.lie very begi;-.~ning of this l'Jat!on. ItftliATl Americrt!1S have tn~~de monurn::r:tal contribution...:; to the· grealness of Amtrica. Yes, the story of Itaiiarr immi-

·grants is the story of Amerka-ar,d of their courage, ente;--prise, and lo.ralty, an ~iven f:c'flY in thE: buliding oi Antetlca's life and

f:ret;dom, from the discovery of this continent. in 1492 by Christc•pher Columbns. as well a;; from 1776 to the present time. The n.:;t contributions made by Italians and thoEe of Italian descent to the physical, inte!!ect;ml. cultural. anct spiritual development of this Nation are legendary.

Christopher Columbus disr;overed America. John Cabot explored the mainland. GionLnni D'Verrazzano discovered New York Bay. Filippo Mazzei. a clo.oe friend of Thomas. Jefferson, inspiled many of the idea~ expressed in our Declaration of Inde_pendence. William Paca, the delegate from r~;aryland, signed the Declaration of Independence, and served as governor of Maryland.

Italians fought in the Contil'ental Army during tl!£ Revolutionary War. They served with honor in the Civii War and again in t.he U.S. Armed Forces during each of the WGrld Wars as well as in the Korean and

Vietnam conflicts.

Char-les J. Bonaparte was Secretary of the Navy and Attorney General of the United States. He created by executive order in 1~()!~ the Federal Bureau of Investigation. f'i0reilo LaGuardia was elected Mayor of New York in 1933 aft.er having served as a Congressman for 14 years. Enrico Czruso and Arturo Toscani.ni were legends in their own time.

Lee Iacocca. Chairmaa of the Chrysler Co;:-po:ation, and E:dward J. DeBartolo, Sr., Youngstown, Ohio businessman and spmt:> mnenate, Joseph Cardinal Bernardin. Arcl!bi5hop of Chicago, A Bartlett Gian~atti of Yale University, Frank Sinatra, Joe DiMaggio, Rocky Marciano, whoEe herwyweigl1t ur,be<tten reeord remains intact, Enrico Fermi. Benjamin Civilett.i, former U.S. Attorney General in the Carter Administration. and the list of luminaries goes on and on.

Ol'e thing is certain-Italian Americans who now comprise 10% of the American population, have att&.im·d affluence. education, aspira.tion. and acceptance. The~· have contributed so much, but the challenge is stll! t!lere for us today-as Italian Amer.iC?.ns-to apply to our own America--with the same vigor r.nd unity of purpose-those enr;rgi<o.s and th2.t inspiration which have so ofter. and for so long m:lde Italy a center of civilization. By so doing. we will help to guarantee a new R-enaissance of freedom ;;nd dignity that will continue to fulfill the American promise of hope to men of every naticn throughout the world.

Let us nGw go forward with renewed vigor ~.nd enthusiasm to build on the firm foundation of a solid decade of accomplishment by the National Italian American Poundation.

Let us pledge to each other tonight. that we s~1~H support t.he Foundatior. in it.s goi?J to C!<:a~e an enc1ownment fund t.hat wili ensure thal this o~ganization .shall continue in perpeLHitl.

Vle want to insure that this orgar;ization

remain the watchdog over thc.se who try to defame us. to cripple us and our chi!-

sh~.!l

iucd,

Cnngres~mc:n

ANNUJ>;ZlO. and al!

th~

HOUSE FOREIGN AFFAIRS· COMMITTEE-1985 A RECORD OF ACCOMPI,ISHMENT

HON .. DANTE B. f ASCELL OF FLORIDA

IU THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. FASCELL, Mr. Speaker, as the first session of the 99th Co~gress tlraws to a close, I would like to take this opportunity to inform the Members of the House of the activitie~ during 1985 of the Committee on Foreign Affaifs and its subcommittees.

Thanks to tlw hard work and biparti~an cooperation of the cor.tmittee members we have compiled an outstanding 1·ecord of accomplishment. We have met the goals we set fo1 ourselves at the start of this Congnss. Moreover, w~ respvnsibly dealt with th-e many unexpected and unpredictable events that deYeloped during the year involving our nation'g foreign affairs.

I am particularly proud of the fact that we enacted into law ihe first regular foreign aid authorization bill since 1981, including House passage of H:e conference repo.rt by a margin of mvre than 100 votes.

This 2-year bif>al'iisan mea~ure authorized international development and security «ssistance prQgrams ne(;essary for Amei'ican interests abroad. Otl-:er important initiatives in the blll included provisions for stronger antiterroris;n assistnace and airport security, strengthening of the international narcotics control effQrt, increased aid to anti-Communist freedom fighten;' efforts, and enhancement of the Peace Corps.

Another major accomplishment was passage of the measure authorizing funds for the Department of State and U.S. Embassies abwarl. U.S. Information Al!ency. and the Board for Internation<'ll Broadcasting.

Other provisions in this bill included a U.S. scholarship program for und~rgraduate students from deveioping countries; authorizations for the Arms Control and Dis:.rmament Agency; further strengthening of efforts to combat illicit l!rugs: strengthening of counteresp!onage efforts; measures to increase protection for foreign missions; and r.ew arms contwl iniiiati>'es.

Early in the year we took the lead on emergHl<:y relief legisl:ot:<ln for Africa famine victims whkh rec;ulted in the saving of countless lives. We won House passage of an anti·:tpmtheid hill which prompted Presidential restrictions on S:mth Afrka.

We strengthened U.S. security through enactment of 1m improvood Export Administration Act bill, and we helped promote U.S. international e<::onomic interests thmugh the reauthorization of the Overseas Private lnYestm<mt Corporati<m

December 20, 1985

CONGRESSIONAL RECORD- Extensiom of Remarks

[OPIC]. We aided U.S. agriculture in our sor to the President and the Secretary of participation in the export and foreign af- State for Arms Control Matters, assured fairs provisions of the farm bill, including the committee that the policy of the Presiextension of the Public Law 480 Food for dent and the administration was to continPeace Program. We have passed resolu- ue to adhere to the long-standing interpretions extending the offer of assistance to tation of the ARM Treaty.

In December, the Subcommittee on Arms Mexico and Colombia following the natural Control, International ·security, and Scidisasters in those countries.

Particularly significant and productive in ence, along with the Subcommittee on 1985 was the committee' extensive activities Europe and the 11-Iiddle East and on Interin three key areas: arms control, antit~r­ national Economic Policy and Trade, exrorism, and antinar~otics. By way of shar- plored in greater detail the influence of the ing with my colleagues the wide range of SDI on our allies. in particular, the issue of accomplishments on those three subjects, I technology transfer between the United elaborate below the details of the commit- States, our NATO allies and Japan, as it retee's work. lates to SDI. Within the last few days, I hav£ been parARMS CONTROL ACTIVITIES Among the issues dealt with by the com- ticularly gratified by an action of the conmittee on the question of arms control ference committee on the continuing resowere: the President's Strategic· Defense Ini- lution regarding asat. The decision to sustiative [SDI] and antisatellite [ASAT] pend United States-asat testing provided weapons policy; the United States-Soviet the So\-iets do not resume their asat testing a;ms control negotiations, a committe~ is a wise one. This is a practical arms consponsored CRS study on nuclear arms con- trol achievement that complements the trol and seminars on the fundamentals of Foreign Affairs Committee's efforts to nuclear arms control; proposals to han nu- avert an arms race in space.

Relatedly, I was also encouraged by the clear testing; preservation of SALT II and the ABl\1 Treaty; and binary chemical conference committee's decision to p;:enerve gas weapons. Mu<~h of the detailed clude funding for binary nerve gas weapwork and initial effort in these areas was ons during fiscal year 1936. In this connecundertaken by the Arms Control Subcom- tion, I would emphasize that binary production afier fsical year 1986 not be mittee. automatic, especially in the sense that ARMS CONTROL IN SP,\CE As part of its series of hearings on arms going forward would be conditioned upon control in space beginning in the 98th Con- NATO approval and further review by Congress and continuing into the 99th Con- gress. My own \iews regarding the binary gress, the committee examined the arms are unchanged: We should not fund a· control, technical feasibility and budgetary system that does not work, is not proHn implications of the President's SDI and safe for our troops, which needlessly add ASAT policy. Testimony was heard from billions of dollars to the deficit, harms the former Secretaries of Defense Robert NATO alliance, and undermines joint McNamara and Clark Clifford as well as pledges at the summit to eliminate chemithe authors of a report describing the ad- cal weapons.

COMPREHENSIVE UNITED STATGS·SOVIET AllMS verse arms control implications of United CONTROL NEGOTIATIONS States and Soviet space defense efforts.

As part of its effort to keep Members apFrom these hearings emerged the view that the ABl\1 Treaty is fundamental to pre\·ent- prised and up to date on the status of the ing an arms race in defensive systems and Geneva arms control negotiations, the comto averting the acceleration of the arms mittee received regular briefings by Ambasrace in offensive systems. Moreover, the sador Kampelman, the chief U.S. arms conlikely So,·iet response to the SDI, as cited trol negotiator, as well as the other negoin a Pentagon SDI Report to Congress tiators. and from Ambassador Nitze, the last spring, will be to build up their offen- President's arms control adviser.

In preparation for the November 19-20 sive forces to penetrate and overwhelm our upgraded defenses. These hearings have summit between President ~agan and been published under the title, "Implica- Soviet General Secretary Gorbachev, I pretions of the Pres~dent's Strategic Defense pared a statement analyzing United States Initiative ~nd Antisatellite Weapons and Soviet arms control pro!JO~als tabled in Geneva with a chart comparing those proPolicy."

In October, the committee examined the posals, and a summary of regiunal, human administration's new interpretation of the rights, and bilateral issues. The analysis ABM Treaty which would permit the devel- and chart appeared b the November 13, opment and testing of air-based, sea-based, 1985, CONGRESSIONAL RECORD on pages E51-12-U space-ba~ed and mobile land-based AB:\t After the summit, the committee was systems and components based on new physical principles. Testimony was 1·eceived briefed by Secretary of State Shultz on from Gerard Smith, the negotiator of the what transpired at the suremit.

ABl\1 Tr:-r.ty and John Rhinelander, the NUCLEAR TEST RAN PROPOSALS legal counsel to the ABM Treaty negotiaThe committee conducted se\·eral heartions. Both maintain that the 13 year long ings on proposals to bring an end to nuclestanding interpretation of the ABM Treaty ar testing. After extensive discussion, the is the accurate interpretation of the Treaty committee in !\Jay marked up and approHd and that from the negotiating record it is fo< floor action House Joint Resolution 3, cle<!r that the AB:\1 Treaty prohibits the de- legislation to prevent nuclear explosive velopment and testing of spacc-ba~ed, etc. · testing. House Joint Resolution 3 urges the ABM systems and components based on President to seek Senate ratification of two new physical principles. At this same hear- treaties that limit nuclear tesing, and to ing, Ambassador Paul Nitze. Special Advi- bring negotiations on a l~omprehensive test

will

E 5813

ban treaty. With over 200 cosponsors, this. resolution has widespread support in the Congress. These hearings are published under the title. "Proposals To Ban Nuclear Testing."

NUCLEAH ARMS CONTROL WORKSHOPS In 1985, the subcommittee sponsored a series of nine workshops on a wide variety of arms control topics. The workshops were held in conjunction with a year-long study by the Congressional RC!':earch S~rvice on the fundawentals of arms control. The workshops were open to ali Members of Congfess. S01ne of the most notable personalities in the arms centro! field were invited to be guest experts and give present.ations at the work!!hops. The workshops were organized to encourage more 1\lembers of Congress to become more actively involved in arms control matters.

1986 ARMS COSTROL AGENDA In the second session of the 99th Congress, the Foreign Affairs Committee and the Subcommittee on l\rms Control, International Security and Science will continue to examine this wide range of arms control and foreign policy issues. In the area of space arms control, we will further monito1· and evaluate the armil control implicatinns of the administration's SDI and ,'!.SAT policy. In particular, we wiU oontinue to urge the President to proc~:ed with the SDI Program in full compliance with tl1e AB.'\f Treaty. The committee will also seek continued United States-Soviet compliance with SALT II. In the area of United States-Soviet arms control negotiations the committee will continue to keep Members fully informed on the status of the Geneva arms control negotiations wh!ch are schedu!ed to resume on January 16. We will also k;;ep Members informed of matters regarding the upcoming June summit between President Reagan and Soviet General Secretary Gorbachev.

In this area, the committee will also assess legislation calling for tradeoffs between offensive reductions and defensive controls.

Concerning nuclear test ban proposals, the committee is prepared to tal•e House Joint Resolution 3 to the floor of the House.

The committee plans to continue the arms control workshops in 1986. ~ith the same informal, relaxed, and informative format followed in 1985. The workshops will focus on key problems in arms control with the general objective of imprming the congressional role in the a1·ms control volicymaking process.

FOREIGN ASSISTANCE LEGISLATION ON ANTITERRORISM The tragic eHnts of the past year have reinforced the need to take effective action l!.i;alnst the threat of international terrorism. The committee has responded by strengthening U.S. policy in a number of ways. As a result of our efforts, the foreign assistance legislation authorized an antiterrorism assistance program and prahibited assistance to countries ~upporting terrorism.

In the area of airp;ut security. the bill provid~d for the suspension of air service to and from countries with inadequate airport security standards and puts in place a trigger mechanism "·hich would result in

E5814

CONGRESSIONAL RECORD- Extensions of Remarks

Dl1a:tdatory suspension of foreign aid to ·countries with high terrorl:it threat airport fc·:~i1Hes.

The legi.-latiollll also urg~t'! !he Pn;sid;:nt t•.) ,,;;tablh!t an Int"'m"tior.aj Antit-olTHrism f'••;r•mitt€e with a m:.o.ndai~ tv enhance into;mational ceopoe~ation on t~no,-ism aml to serFe as a cdois 1nanageroent mechanism l.1uring terr.vrist ~n(·)dents. !>1Af!1T~~~~E

SEClJnfTY

I will also continue to urge that the topic of international terrorism be incimled on the ag'tnda of ihe upcoming June summit m'!eting.

In conch.Jsir•ll, the committee will continue to gi..-e high priority to the ~afety ;:;f uur citizens fmm terrorist threats, as weli as those Ame~is:an3 in the Foreign Senke aild the military who are ~-erving our country's il1t~n:sts in niglHhreat areas. Th~y sur-ely de:;erve all th€ protection we an· able to pnwide.

!n addition, we are in the process cf examiT!ing the s!atus of international mal"i· LEG,SLAT!Oii 0:-1 IC,~fE!!NATWNAL NAC!lOTlCS time s~c1uity. Tile CG':l!':iittee intend8 to S<e OJN'IiWL L\CTIVITl!':S that the n<ecuti'!lt; !m:md~ has the ::<tatutory During 19Sii the committ~e initiated a·•ll.n·!}rit• to enrm·ce :ubqaate security Hbn<brds am.l to en~ure p!"osecut.iim of msjol' new l£gislation aimed at steming the prodt:eti<m of Wicit drugs o'erseus, an.; imtiHJ~~ vY~h{) <''3ffiniit ~.cts of t.c:rroris1n at provi!lg the management of ES.-ftmded po!'t~ and Oil the s~I'.S. We ha~e a!so called narcutks CDntrol programs. The fo!·.;;ign asa'.t~n!ion to the need to r<:view and :re;;rh;e e":i;aliition treatiocs and other bilateral :md . sista;;;;e legislation included the Intc-rr..am:.;itHat1:'ral agr<:e:me~<ts so that prc•~Ccntion tionai Narcotks Control Act of 1085, \·,hieh ui' t-errorists can go forw~.rd with due pr<H> ilicreased funding for overse:.s narcotics eont.ro!, st:rengthened the requirement on ess. suspending assistann! to count:rites which illi'i.OM.HH.: SECUiHTY ha~·e not tal>etl adequate steps to contml r would abo briillg to my co!leagw:s' at- drl!g pm<luction and traffirking, and cor.di· tenti()n the committee's t•fforts to protect tioned aid to certain col!ntries 6il a demonO:.lf diplomatic posts ab:road from the stration of imp:roved efforts in the a!1ti-narth:reat of terrorism. The committee has cotics area. can•fuily reviewed the recommendations of The State Dep<tr!ment authorization ieg· the Advisory P:mel on O··erseas Security, islntio11 also ind!lded pi·ovisions to imprcve ch::!red by Adm. BobbJ Inmau. As appro- the na(cotics personnel system in the De· priaTe, we expect to consider legislation ptu'tment of State, directed ap~ropriate nH·<>s:.ary to implement these recomrnenda· Federal agendes to increase their COGi'e:ra· tions and intend tu carry out therough tion and inf-Drmation-sharing on na~cotics over:<lght of the :>dministration's pn}gress traffiekNs, and ·required the Secretary of in this regard.

State to incrN!se his efforts to n::gotiate U.N. ACTION O'i Tta!RORJSM updat~d extradition ti·eaties with major On the muitiiateral front. I am pleased to narcotics,produdng countries. rep~>•• that m; December 9 the llnitcd NaIn addition. ihe committee's Tsslt For~e tions adopted a l&ndmark resolution which on International Na>cotks Control hdd ex· con(!emns al! acts of terrorism as criminal. hausthe hearings and briefings on a wide The Co;<gre5~ has been urging the Uniled range of dJrug-:relaterl hsues, and rnt-t with Nations to adopt such a resolution. The numerous leaders from drug-producing and passage llf this measure. which un;;!jnivo- drug transhipment countries. , cally condemns all acts of terrorism, is a lJ.N. ACTION 0:'1 N.~RCOTlCS limt for the United Natjoos.

The committee sponsored a meeting at Thi' r-esoluiinn also pro,·irles fer i;nprm·- the United Nations tl' med with majeor ing international :n-:ation and maritime drug-producing and drug transshipment prc~;;cution of ten:orists an bringing docountries to disn1ss ways in which multi· l>!es!ie laws in COnformanel' wiih PXi~ting lateral efforts could contribute to more efintern<:timmi convenl.ions. fective actions against illicit narcotics. The ANTlTF.ll'llOR!SM Af::£11,[!.~ FOR 1~86 U.N. Gen1~ral As~embly suhsequ!'ntly ap· The frightening prospect of nucl€ar ter- prm·ed lhe Sec~etary-(ieneral's call for. a ro,>rism requtrcs our immediate aHHtt.iun. U.N. sponsor-ed conf<'ren;:e on inl<::rnational \Y<' nfltend hl comiuct extensive headngs on narcotics issu:<os, as well 33 a propo~al for a the tln·eat of rmdear tenori~m and call on new intemaHonal treaty on illicit narcotthe intematkmal Atomic Enngy Agency ics.

OAEA) t.o JHu·sue the impro~·ement of safe· INTBRNATWNAL· 'iA!lCOT!CS CONTilOL Af;F:NDA fOR 19g6 gnards of nw::!ear material :md f:'lcilities in ('n~er t9 prevent tenorism against su"h faThe commhtec wil! continue its oversight {;;Hties ar.d to aHJid the theft of nuclear acthitles in H'ii6 on U.S.-i<md~c'd narcotics nlnterials by tca:rori~ts~ control prog!-.;ms overseas in order to A8 m1::ntiollf:d above. we plan t.o work for ensure that they are a.s .,ffective as possifuil implemei>tation of the Inman Pand ble. We also intend tQ explore the increas· r~commei1da!.i:Jn in ordet to s0ru~e our ing <:>onnections hetweton narcotics traffi-cklll;:~lornatk facilities to the maximum e".tent ing and turorism, a:~d to continue our poe;~iMe. re•·i"w ef foreign go\ernment in\'oh·emf'nt W<: inten<i tP. e~;i<::t IE-t:is!:ttion eshhHsh- in dwg toafficking. And in an {.fforl to ing n1inknurn in{_ef'l'ational maritin,_~= 8ccu~ einure that all U.S. Go\-ernment ~ge11.d•:-s l'ltl st..,nilari!s. As I ha,·e already st:Acd, we at·(~ irn-'oh·ed in the unH!l~rcotics fight ovt:r· ax~ ~lso looking :!t a tjghieoi74g of extr2!rl.~­ sea~. we wil! explore ways in which th<! U.S, tion tn:aiks aml other mea~ures imolvir.g Aa·med Forces can contribute to these urin:?m«tior.al cooperation in the apprehen- tivities thro!lgh interrliction and intdlisio!! ;wd prasen1Hon of !.crrud~i.s, gencc-gatheri!!g. . We wm cm>.lim<£ to pr~::;o.s in en~ry fonun . We are alRO preparing a comprehE-nsive f.,r the ef'taMishment of an International hnndbook of narcotks-related legi.slatio!l CoonUoating CornmlHee on T£n·t,rism~ for the use of Members dcring the next >-es-

December 20, 1985

sion. I believe this is the first time th~t an effort has been made to ~rather in one place the major laws aad int:Ornalim.al ·treaties gonrning il!ir!t narcotic5. I am sure th:~t it will iw useful not o"ly to MembHs. hut to U.S. Gon;rnment agencies and I,;';;· enfor-c<:· ment personn-el as well.

In short, we will cor•tinu-e tc search fvr \~'ays in wh;ch we can fight lhr. bflux of 1l· licit drug~ from (lYUSt:o<lS, a:;d w ii:.;ru,·e the coordination am! coojN"ration cf our Federal agl'ncie;; in this effort.

THE PHARMACEUTICAL EXPORT Al\IIENDl\IENTS OF 1986

HON. JAt'fiES T. BROYHILL OF NC>R"Frl C!\P.OLHlA

IN THE HOUSE 0!" REPRESENTATIVES

Thursday, December 19. 1985

BROYHiLL. Mr. Speaker, 1 &m jlleased to join our wl!cagu.os. ED MAUI(;AN, Jli\-1 S<.:HEUER. PHIL SHAH!', Nmm LENr, nnd oiheo8 in int;·odolei~g the Pimr· maceutical Export Am~ndments of 1986. H is vital that Congress consitter tliis legislation as soon as possible.

The Felleral Food, Drug, and Cosm€iic Act prohibits the export of drugs whieh have not Jet been approved in the United Siates, even to countries whkh have apprm'ed the drugs. Unforiunatdy. sigr;Hicant drug therapies are frequently approved abroad first. In 1930, the General Accounting Office reportt•d th3t 13 of 14 important drugs it reviewed \H:re a;>prov'"d by at least one for·eign country before they were a\ailable in the Vnited States.

When a drug is approYed in a foreign country first, a U.S. drug>nl'.ker has only three choices under the prc~ent law: First, not selling the drug in the foreign cotmiry even though it has been appro.-ed there, until the drug is approved in the United ·States; second, manufacturing the dmg in a foreign country with a loss of j;•bs in this country; or third. if the U.S. comp~my cannot afford to build a plant ovu~e·as lo manufacture the drug. which is the i:ase for biotechnology companies &nd srna!! pharmaceutical companies, licensing th;o technology to a foreign competitor with a loss not only of IJ.S. jobs .but :1!so of our technological advantage.

The Pharmaceutical Exp•nt A";emlments of 1985 W(•Uld permit the P.xport from the Uniied States of human and animal drugs and biologicals which are made in this country, but. are not yet approv€d hy the Food and Ll.-ug Administratinn, oniy to deve!opE"d nations which have approHd the drug. Mr. Speaker, it is time thai we stop thro·.,ing U.S. jobs. and im estment E!ulh:rs awaJ because of ihis unfair, s<>n~de~s. !C· strictil'e policy. The Senale Com!llitte~; on Labo!- and Human Resources has aln:ady appro-ved a near-identical measure. l urge r.1y colleagues to support thb leg· islution . !Hr.

December 20, 1985

CONGRESSIONAL RECORD- Extensions of Remarks

CZECH DISSIDENT REFUSES TO GIVE UP

HON. JACK F. KEMP OF NE"\'i' YORK

IN THE HOUSE OF REPRESENTATIVES

First. you speak of the Charter as ii it's supposed to be i!l opposition to the government. It's not. Political power has never been an aim of the charter mo'.'ement. Its signatories want only respect for human rights.

As for the Charter's "ghetto existe.!."tce," we don't want tilat-closed societies are ghetto enough if you ask me. The work of the charter goes on. Ir's the authorities' :re· action that cha~ges. In 1982, my first year ::IS syokesman. I was summoned to the police station at least once a week from 8 a.m. until 1 p.m. for the first six months of the year. In l!J83 I was again spokesman but the police left me alone. Hew do you explain that?

If the Charter rejects bansil:1.ment to the ghetto, are there any' plans to reach a wider audience?

That's something the police would like very much to know as well.

What keeps people from joining·) Fear. They are afraid for their jobs. their sta.ndard of living and for their chi1dren's opportunities in life.

Is there anything that can be done to attract people to the morement in spite of the consequences?

There are now about 1,300 signatories to Charter 77. If we wanted sheer numbers, we could probably get more, but that·~ relatively unimportant.

A young man came to me not long ago asking to sign the Charter. He \Vas a student. I told him, "Finish your studies first."

He'd have certainly been expelled from the university for signing and then he'd have been given a job cleaning sinks and toilets. ... In fact, even if he decides later not to sign, he can still contribute greatly to the human-rights movement by being an active sympathizer.

What. can be done in the West to help the human-rights movement in Eastern Europe?

Without a doubt, official co:1ta.cts with Charter 77 and other human·rights representatives is the most important help we can get. Recently, we have had visits by foreign ministers of both Britain aTid France. both of these diplomats made an effort to see Charter signatories .... These meetings do not go unnoticed by the authorities.

Public opinion is important to our government and the mere fact that a foreign diplomat wa11ts to meet with us imclies that we are a legitimate movement..

What do you think is the greatest threat to independent thought in Czechoslovakia today?

The indoctrL'1ation of children. today. the average 20-year-old has only a vague idea of what happened in 1968. Even [older people] are terribly uninformed about the recent history of their own country.

The schools teach children a "history·• that never existed. As a result, the nation is losing its memory.

Thursday, December 19, 1985 :Ur. KEMP. Mr. Speaker, despite therepression suffered by citizens of Czechoslomkia, it is enrom"!lging to note that flame of freedom still burns in the hearts of many Czechs.

I woulrl like tu bring to the attention of my colleagues an article which appeared in yestecday's WaH Street Journal about Anna Marvanm a, spokeswoman for Czechoslovakia's human rights movement, Chal'ter 7i.

It is inien:3ting to note that Charter 77 sent a m;;,<sage to the Budapest Culiural Forum and detailed the extreme 1·epression practiced in Czechoslovakia in all cultural areas, particularly that of publishing. I applaud Anna and her colleagues for having the courage to continue the fight in t.he face of such tremendous obstacles.

CZECH DISSIDENT REFUSES To GIVE UP (By Ken Seigneurie) PRAGUE.-Anna Marvanova, 57 years old, is an active member of Charter 77, Czechoslovakia's independent human-rights movement. Although in poor health, Mrs. Mar· \'anm;a has been the group's spokesman twice and has taken part in the publication of some of its best documents. She was interviewed in her small flat.

How do you make your living?

I'm a retired journalist. I worked for 20 years at Prague mdio and was chief of foreign broadcasts to underdeveloped countries until 1968. After 1963 I worked in a restaurant washing vegetables and then as a cleaning lady.

What did you do in 1968 to put yourself in disfavor with the authorities?

We refused to make broadcasts declaring that our go>ernment had invited the Warsaw Pact forces int.o the country.

Is your case unusual?

The Czecl!oslovak Communist Party purged 500.000 people in the aftermath of 1968.

Most of these people. as 1 ur.derstand it, have led quiet lives since then. You, on tile other h:md, have been at the forefront of the human-rights movement and have suffered greatly for it. You've been in police custody in countless occasions; you've seen your children's careers and personal lives disrupted, net to say ruined. Why didn't you just keep your beliefs to yourself after 1968-buy you!'self a little house Ln the country and garden on the weekends-in· stead of drafting Ch:;.rter 77 docu..>nents?

My father taught me to read and to think.

He V.'as a member of the part~·-I was, too, THE LEADERSHIP OF JOHN W. until 1968-but be re.soected the truth McCORMACK beyond all else. He taught me to think critically, to ask the embarrassing qaestion.

HON. ANDREW JACOBS, JR. For example, hOv-' can I accept the notion that there are two kinds of nuclear missiles OF INDIANA and that only Pershings are bad while SSIN TF.E HOUSE OF REFrl.ESENTATIVES 20s are good? It sllould not be possible to let Thursday, December 19, 1985 c'~ch a lie be passed off. Somebody has got to say something about it. lllr. JACOBS ..Mr. Speaker, our former Charter 77, the oldest human-rights move- colleague, James Quigley has given a fine ment in Eastern Europe, is sometimes said biography of our dearly departed former to be falling into a "ghetto existence,'' that is, tolerated by the authorities as long as its Speaker of the House, John McCormack. It :tctivities and documents remain isolated. is right that it be recorded for history.

The chartists, in turn, the thinking goes, <By James M. Quigley, President of the Association of Fonner Members of Congress) "oblige" the authorities by not seeking to become a popular movement. Is there any I am pleased and proud to be here. It is an truth to this speculation? honor to be inivited to be part of this

E 5815

evening set aside to remember John McCormJ.ck. · I suspect that many, pefhaps mcst, of ,\'Ot• knew JoJ:o.n McCorm2.ck longer ar::.d better than was my j'Jrivilege. My association -.•:itll him was i!1 the Congress of the United S~ates. All the t!:...1e I served in the E0u~c.

Jolm McCormack was my leader. Thdt is the way I think of him and rer::1ember llL:D. Yet th;>t ''iew pro•1!des only a sn::tps:10t c,f !~is long ::o.:ld 0i3ti..-1guished careH. John McCormack had served in the U.S. House of Representatives 26 years before I got there and he served for another 10 ye::~rs after my constitw::nts qualified me for mern· bership in the Assodation of Former Mem· bers of Congress. When I was a freshman Congressman, John McCormack had al· ready served as House Majority Leader for ever a decade. And his career RS Speaker did i.'!ot begin until tv. o years after I left the House.

All of this may :;uggest that, if tt,is were a court of law, objections might well be heard that your speaker this evening is not qualified to testify as an expert witness on the life and career of John W. McCormack.

Having come this far, I c!i.n only hope that the ruling from the bench might be, "let's hear what the witness has to say and we'll let it in for what it is worth.

I can begin by testifying to the truth that. for all practical purposes, John McCor· mack's entire career was in politics. As a young man before and after World War I he practiced law, but I suspect that even then his mind and heart were in politics. When he vias elected to Congress at the age of 36 he was already an experienced legislator: having served t;-,,;o years as a state repre.:;entative and four years in the Massachusetts State Senate.

John McCormack ran unsuccessfuliy for Congress in 1926. That statement is technically correct but not accurate. That cam· paign was only unsuccessful in the sense that he did not win. But John McCormack conducted himself with such impressive civil, ity during the campaign and after his defeat lhat it all. but ass1.:red his election to the House 18 months later when the incumbent Congressman died.

As I hope to be ?.bl<: to demonstrate, the fact that John McCormack went to the Congress L> 1928 was a highly determinative factor in his career. Had he been first elected to the House· in 1930, his career, might have taken a different path. I am certain this would have been true had he not become a Congressman unLit 1932 or '34. We might still be here paying tribute to l!im but remembering him, perhaps, as the Mayor of Boston or Governor of Massachusetts rather than as Spsaker McCormack.

I can testily furtl~er that John McCormack's politicli.l career was in the House. As he himself put it, "My life was in the U.S. House of Representatives. I was a legislator. and might!Y proud of the fact. That was the life I loved."

And thank..,•to the appreciation and good judgment of his constituents, not to menLion a strong Democratic pa.rty orgapiza· tion. John McCormack was able to lire that. life and pursue that Jove from 1928 until he retired in 1970.

The 42 years he served in Congress repre· sents approximately V. of our history as a nation. And what a slice of histo;y it was.

John McCormack came to the House a year and a half after Lindy flew to Paris. Thirty years later, in the wake of sputnik. MocCormack was the chief sponsor of legislation which created NASA and established a House Committee on Science and Astronautics. It was my privilege to serve with him on that committee a..~ we set about laying

E5816

CONGRESSIONAL RECORD- Extensions of Rema;·ks

moon sugencompassed When John Vv'ashington, Herreplace Calvin House and both firmly in the All indications situation that could

or governor we be rememMcCormack? scores of for better or for happen to John his fate because the House of happened and from Massachut:p in it. His life be the same.

Congress for k.ss

during the Republic&"'1 controlled 80th and B3rd Congre88es-he served as House Majority Leader. In 1962, he was elected Speaker of the House. McCormack's span of lEadership covered the years Gf World War II; the Marshall Plan; ~etting up the United Nations. He served through the Cold War with its varyL"'lg temperatures: Korea and McCarthysim to detente. His hand was on the CongTessional tiller as the nation moved through the turbulent ~·aters chmned by the Warren court, the Ci,;il Rights mol'ement, and as the nation moved into and began to move out of Vietnam. I submit that any nation that could work its was through that agenda has ·an e!ement Gf greatness. Jl.nd the one national leader who was there helping America work its way through it ail was John M:cCormack. He also had an element of gre~.tn2ss.

It was a greatness that Willi not always readily apparent. John :1-.fcCormack's role as a national lea.der is both Ui'lderestimated and unl!.ppreclated. It is likely to remain that way. The explanation for this contradiction i3 bound up in a comUination of two

things: pers{)nalities and geog!'a;Jhy. Joi·m .McCormack served in Congress under F.D.R., Truman. Ike, Jack Kennedy, Lyndon Johnsen, and Riehard Nixon. Whatever the merits or demerits of their respective administrations, all of t!":;em v:ere President-s v:ho knew how to use the "Buliy Pulpit" that is the White House and each, in his own way, man3.ged to pretty much dominant events in Washington.

H was also John McCormack's fate to have been Majority Leader in the Hoase during the years when Sam Rayburn was Spe2ker. Rayburn served longer as Speaker than anyone in history and in the process managed to put his L"nprint on the job.

Speaker Rayburn may not h~xe dominated event.;; in Washington, out he clearly was a dominate force in the House of Representati;;es for a full generation.

Last, but not least., on the matter of personality was the fact that John McCormack served aU but the last two years of his Speakership during the presidencies of John Kennedy and Lyndon Johnson. Both !3trong personalities. Kennedy was a master of the media and Lyndon was a past master of the legislative process. As a consequence, credn for the mu.-:h legislative accornplishments of the early and mid-sixties tended to be gi"en to-or grabbed by-the White House. In all candor, this proces.s ·,;·as enabled by the fact that up on Capitol Hill the le~de,-ship was in the hands of two quiet Irisll.men, Mike Mansfield on the Senste side a.i"ld Jolm McCormack in the House. By training and temperament both were deferential gentlemen not given to hogging the spotlight..

A.nd then there was the matter of geography. The reality is that John F. Kermedy and J•)lm W. McCormack both happened to come from Massachusetts. In this auditorium and to this audience, I do net have to dwell on the tremendous impact that J.F.K's life and d-oath had, r::ot just on this city 1'md thi~ state. but the entire nation and mucll of the v;orld. A thous?ci'ld year3 fro:n now srudents and playwrights may still be combing through the ruins of Camelot seeking meaning and purpose snd reason for that brief moment in history. They are Eot likely to be doing the same with the long, p;-oductiH; career of .John McCormack. And to all of that I can only recall President Kennedy's sage obser•/ation; "Life is not fair."

And mentioning fairness, caases me to remember the criticism that was directed at John McCormack as House Speaker. At the bottom much of that criticism seem~d to be that he wasn't Sam Rayburn. And he

December 20, 1985

wasn't! And that he didn't run the Honse the way Rayburn did. He did not! Nor has anybody. Nor is anybody likely to ever again. Check with Carl Albert and Tip O'Heill to verify this new reality.

Once agnin a revolution has occuned. The HIJuse of Representatives is a dramatically differenct institution than the one in wl1ich I sen:ed a generation ago. It was then an institution sorEly in need of change. It is now an institution thgt many believe has changed much too much for its own and the nation's good.

Not unlike Pope John the 23rd, John IV1cCormack sensed the need for change in an institution he loved. In 1953, the youner liberal Democratic House members brought into being sc.mething we called "The Democratic Study Group"_ Ostensively the role of the new organization was to inform its members about issues and to study ways by which the House could be made to operate more efficiently. Its founders had oth~r goals in mind and I, for one, am sure that John McCormack sensed what they were.

Pro:n the beg-inni:~g, the Democratic Study Group had McCormack's left-handed blessing and during his speakership it more and more became involved In the proce.ss of change that has been the hailmark of the House for the last 25 years. Just how involved is demonstrated by the fact that in 1977 Tip O'Neill, one of the charter members of the Study Group, was Elected Speaker of the House.

It is fair to say that as Speaker, John McCormack underestimated the momentum for change that was finally unleashed after 20 years of being under Sam Rayburn's tight reign_ He was not alone in this regard.

'Nhen John McCormack became Speaker in 1962, he was seventy-o;1e. A wild decade of sh-ins. demonstrations, riots, and assassinations was about to burst upon us. Men half ~1cCormack's age failed to sense the velocity of the winds of change that were about to sweep through our country and all of its institutions, including the government.

There was one other passible flaw in John McCormack as Speaker of the House .•ro:,n cou:d be kind, fair, and considerate and th?-t's exactly what he was 99'/o of the time.

But, boy, could John be partisan! Many a tirc.e during his 18 years as his party's leader he would go into the well oi the House and deiiver one of his stem winders, a powerful s;:;ee-:!1 which would not only stem the tide of opposition but roll it ba<::k, this was a wonderful ability for a Majority Leader but it may have handicapped him as Speaker.

A final note ..One of life's most difficult decisions is knowing when to get oif stage.

In sl-.!OW bus5ness there is ah~.rays the urge to sing one more song, tell one more joke. In sports it is the temptation to play one more seac;on, fight one more fight. In politics thu-e is always the lure to run for one more teTm. With the benefit of 20/20 hindsight it might have been better if Johh McCorm·ack had resisted that lure. In any case, his was a long and distinguished career, his was a lifetime devoted to public service.

Maybe the hardest decision of all is knowL'1g when to end a soeech. So let me conclude by confc.ssing that as I look back on my own unplanned and less than distinguished career, the most s8tisfying years were the cnes spent in public service. I am proud to have been part of ihe Kennedy Administration. I can say the same about. my Johnson years. But most of all I am proud of having had the privilege of serving in the U.S. House of Repre;;;entatives. It was there t!1at I knew John McCormack. I benefited from his friendship and leadership_ So did cur country_

December 20, 1985

IMPROVING CHILD SUPPORT ENFORCEMENT

HON. JOHN H. CHAFEE OF RHODE ISLAND

IN THE SENATE

OF

E 5817

CONGRESSIONAL RECORD:- Extemions of Remarks

THE UNITED STATES

Thursday, December 19, 1985 C!J Mr. CHAFEE. Mr. President, I am pleased to cosponsor and lend my fullest support to S. 1889, a bill to prevent the discharge of certain child support debts.

This bill represents another long stride toward ensuring that child support obligations are met. By closing a loophole in bankruptcy law which allows some absent parents to escape their financial responsibilities. it caps recent congressional actions to tighten child support enforcement.

Last year, as part of its amendments to Federal bankruptcy law, Congress broadened the c«.tegory of child support obligations that may not be dismissed in the event of bankruptcy.

This change has afforded muchneeded protection to many children of absent parents.

Simply through oversight. howe\·er, the bankruptcy amendments did not extend this protection to cases in which a child support debt is established through administrative-as opposed to judicial-proceedings.

This bill aims to correct tllat oversight. thus closing a loophole which seriously undermines child support enforcement.

Sixteen States now use administrative proceedings to establish child support debts. Other States are being encouraged to follow SJJit, in order to reduce costs and lighten overloaded court schedules.

If we do not adopt this measure, more and more children will be left unprotected as a growing number of States :idopL administration process. an efficient ·and cost-effective means of securing child support. In addition, by allo•.ving this loophole to persist. we wiil inadvertently deter States from taking this step.

S. 1889 would protect children in all States-even in those that have not yet adopted administrative process.

Many such children are covered under the administratively ordered child sup· port arrangements of neig-hboring States. This bill . would ensure that these children as well are provided for in the event of bankruptcy. l\ll:r. President. Congress !o.st year Look a giant step toward better child support in adopting a series of amendments to the Federal child support enforcement program. This bill \\iOUld cap t!1ose efforts by giving administrati~·ely ordered child support obligations the same protection tllat courtordered obligations now enjoy. For that reason, I urge my colleagues to give this proposal their o\·erwhelming approval.e

The embarrassingly bogus trial of those accused of murdering opposition leader Benigno Aquino demonstrated "justice, Marcos-style." In a few months, in all likeHON. PETER J. VISCLOSKY lihood, we are going to be treated to "elecOF INDIANA tions, Marcos-style." As the commission IN THE HOUSE OF REPRESENTATIVES which just returned from Manila has reThursday, December 19, 1985 ported, there is a slim possibility that the Mr. VISCLOSKY. Mr. Speaker, I wish to forthcoming elections will afford Filipinos bring attention to an excellent point made an opportunity to demonstrate their attiby my colleague from Indiana, ANDREW tude toward the Marcos government. More JACOBS, Jr., regarding the need to improve likely, the election will supply the veneer of safo:t.y in transporting our military person- democracy that Marcos desperately is seeknel. I am submitting an article from the In- ing to dilute growing condemnations of his dianapolis Star in order that my colleagues rule. in the House may consider this fine idea.

Of course, the elections are flawed by [F:rom the Indianapolis Star, Dec. 19, 1985] their very nature. If they were truly free and open, they would obviously viohte a JACOBS URG:::S MILITAEY NOT TO USE CHARTERS cardinal axiom of the poiitical absolulism WASHINGTON.-Rep. Andrew Jacobs Jr., D· by wllich Mr. Marcos rules: Never yield Ind .. proposed Wednesday to Secretary of power. Respect for that axiom is nhy Ur. Defense Caspar Weinberger that loss of life Marcos has dedined to vacate the Jiresidenin chartered airline crashes could be avoided tial office, as required by the constitution,if the Air Force were to fly United States prior to the election. It is highly unlikely military personnel.

Jacobs recalled being c. 19-year-old Marine that Mr. Marcos will permit any outcome going to Korea in 1951 aboard a privately which threatens to disrupt his authority.

We in the C-ongress must keep in mind owned World War II ;;ictory ship. '"The contractor made the unjust portion that the election in February will not seriof his profits by virtually feeding the Ma- ously address the complex problems which rines nothing at all for two weeks." Jacobs are endangering the future of the Philipsaid. ··That outrage was one of the principal pines as a democratic nation and an imporre2.S'lns I. ran for Congress the first time ... tant ally of this country. If the growing inI thought that if I could go to Congress I surgenry of the New Peoples Army repremight be able to find that contractor. I sents a threat to those goals, so, too, does never did find that contractor. but I believe the continued stewardship of Marcos. Yet I heard from his shirt-tail cousin in the after years of propping him up. there is crash of the contractor's airplane in Canada lilt!e the t.:nited States can do at this point. and the unnecessary death of our young sol- to change either his policies or the leaderdiers.'" the congressman said. .Jacobs obsen·ed that. considering the size ship of Philippine politics.

The distinguished historian Arthur of the federal deficit and outlay for defefl~~e. the country should ha1•c enough military Schlesinger, Jr., of the City University of transport places with pilots in need of regu- Sew York, has recently reviewed with his lar flying time. typical astuteness the dilemma which now '"It is quite clear that our own military confronts the Ur.ited States with respect to personnel have major incentives tD do the future of the Philippines. I would !ike proper maintenance on our own military to share Pwfessor Schlesinger's insights aircraft. It is equally apparf:'nt that these fly-by-night contract airlines do not," he with my colleagues on this subject, which certainly will be one of the key issues in said. ""Surely. it is time to adopt a safer po!ics our own foreign policy in the new year. for our young 1nen in uniforn1:· [From Lhe Wall Street Journal. Dec. 18, TRANSPORTING MILITARY PERSONNEL SAFELY

1985]

ARTHUR SCHLESINGER ANALYZES FUTURE OF THE PHILIPPINES

HON. GEORGE MILLER OF CALIFOF.Ng

IN THE HOUS.E OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. :HILLER of California. l'tlr. Speaker, the continuing deterioration of the ~larcos regime in the Philippines offers a textbook example of how U.S. foreign polky strategy repeatedly places this ~ation at variance with popular anger toward go,·ernrnents which are vicious toward their own peopl!', whi!e amiable toward Washin!!ton.

Past administrations have .. followed the same sadly mistaken course now pursued

by President Reagan toward the Marcos government. This myopia knows no ideological or party limits. In each case, it has pushed America toward an unholy alliance with an unlO\·ed dictator whose preeminant attribute is his undiminishable affection for American weaponry and dollars.

SEND M.\RCOS PACKING

<By Arthur Schlesinger. Jr.).

There is a certain grim irony in the ,.<J.cillations of the Reagan administration as it confronts the decomposing Marcos reg;me in the Philippines. Only five years c>-go during the presidential campaign. il'lr.

Reagan and his neoconservative intellectu· a.ls condemned President Carter for aba;-.doning our great ""friends'· the shah of Iran and Anastasio Somoza and in consEquence ··losing"' Iran and Nicaragua. The implica· tion was t.ha.t a stronger presid<>nt would h<.wc pursued tougher policies and that these policies could easily ha1·e preser;cd those v.:onderful friends of the U.S. A conservative administration in was;1ing· ton. the argumf;nt ran. would never have undermined pro-American regimes by insist· en<!e on human rights. social reforms. a peaceful transition to democratic go,·ern· ment and other such sentimenl:l.l no"'"!sense.

It would have given these friends of America unconditional support and would have done wlmtever wa..> necessary to rescue' them. If only there had been a Republican president, the shah and Somoza would still be in power, and their countriC:'s would still be in the Western camp. ·-

E 5818

CONGRESSIONAL RECORD- Extemiom of Remm-ks

BY NO MEANS CLEAn

This line of argument raised questions, i!Jen and now. Assuming for the moment thc.l. it might have been in the nativnfll inteff·st of the U.S. to prPserve ti1ie'ling des· pots in Iran--rllld Nicaragua. it is by no me<>n~ clear that it lay within U.S. p0wer to do so. Rt.etorical assistance will not do it.

Mr. Carter tr\ed th:>t. congr:JJulating lhe shah in 1977 on "the admiration ar;d love whjch your ppople give to YO)l" and praising Somoza as late as l979 for h<s progress on human rights. Military assistance will not do lt. The U.S. sold $19.5 billion in arms t.o Iran from 1972 to 1979. and Sumoza's National Guard never languislled from lack of t.veapons. ;,ve a!w:,ys ovt:aate the e<•Dacity of the U.S. to shape the destiny of other countries.

The balance o.f internal forces generally decid<es t.l:le future of nations. If Presiclei1t Carter had nevel' opened hl3 n1outh on the subject of human rights, the shah and Somc:<:a wouid have fallen all tile same. It seems most doubtful thal any U.S. policy short of military occupation could. have saved t-hem. Ami one wonders whether it servec; long-term American ir,t.ersts for the U.S. to intuvene militarily in ether countries ln order to protect. hated regimes against t.he wrath of their own people.

Tl1ese questions remain speculative in re· lat.ion to Iran and N!caragua. But the Reaganite assmnption tllat there was an easv alternative to the Carter policy now conles to the te~t in the Philippines. For Ferdinand Marcos is in the same position today that t!1e shah and Somoza ""''re in during the late 1970:>. This surely ls the time for those brave solutions that, according to neoconservative myth. Mr. Carter so softlwadely rej~.;cted a few years b~ck. Instead. one finds the Reagan administrtion pun;uing the same policy toward the Philippines that the Carter administration pur. sued toward Iran and Nicaragua.

R-onald R.egan. like Jimmy Carter. began with an effort to reform a disintegrating regime by fulwme rhetorical blandishment.

This is the famous policy of "constructive engagen1ent'' with repressive governments.

Vice President George Bush declared that he loved President Marcos for his "adherence to democratic principles." President Reagan said in last year's presidential cam· paign that the choice was between Mr. ~'1arcos and "a large communinist movement to take over the Philippines." Mr. Marcos naturally interpreted such tender word3 not. as a signal to change his ways but as license to intensify his course of domestic p!tmder and repression.

But the more his men have harassed and murdered politicai opponents, the more money they have stolen from their country, the stronger the opposition has become. As disintegration continues. the Reagan administration. like the Carter administration before it, is changing its course. Now we are u<ging on Mi·. Marcos the need for human rights. social reform and a peaceful transition to demonc:rat.ic government. Mr. Reagan today is duplicating in the Philippines the policy for whiel-J he so righteou~ly denounced MT. Carter in tht> cases of Iran and Nicaragua.

He is doing so because he has no more real .choice in 1985 than Mr. Carter had in 1979.

He is !earning now what Mr. Carter learned t'rwn: that tt,ere is no virtue in tying the U.S. to a despotic regime doomed to collapse. T!le course of unconditional commit· ment to unpopular despots is net likely. in the absence of mi!itar.v intervention, to sa\'e the despots-and it is quite certain to alien· ate the inevitable successor regime and in the meantime to strengthen Marxist revolntionanes.

a

Can reform pressure salvage the situa-' tion? The best hope in the Philippines would be the orderly transfer of power to t.he moderate opposition. So the U.S. is calling on Mr. Marcos. as President. Carter cailed on the 3hah and Somoza, to do things that. if he carries them out. will ciestro:'i the bases of his power. It would be foolish t"o count. on Mr. Marcos to coEaborale in brin:;· ing about. his o·.vn downfall. Hi3 !nten:st. iles not in strengtlJening the mod~rate oppqsition but in destroying it. His hope Jir·s in polarizing the n:oJion so that he ean present him.se!f as the only altf'rnative to communist takeover.

Mr. Reagan. like Mr. Carter before him. is impaled on a dilemma. The longer he waits in the vain expectation tl1at Mr. Marcos will voluntarily undertake r~forms and relinquish power. the morl' radicalized t.l!e situation will become and r.he less lil;.•~ly it is that the moderate opposition wiil inherit. Mr. Carter waited too long in Iran and Nicaragua. The democratic alternative, such as it may have been. melred away. and we were left with AyatGllah Khmneini and the Sandini~tas. · But what can we effectively do to help tl1e democratic alternative in the Philippines?

Secretary of St.al.e George ShllltZ in Lonoon the other day delivered a paean in praise of covert action. By this he m;o::mt aid for guerrilla bands in Nicaragua. Angola. Cambodia and Afghanistan. Actually the hist.ory or cm:ert action shows that it has had its enduring triumphs when employed for political rather than for military ends-not to kill communists but to suooort democrats, as in Wf'stern Europe in the -iate 1940s. · There is not much the U.S. can do to control the destiny of the Philippines. The moderate oppo~ition, though it. l1as finally agreed on a ticket in the presidential eiec· Uon. has not shown much unity of purpose so far. But it docs enjoy widespread popular support. The U.S. should distance itself even more unequivocally from the Marcos disaster and do what it discreetly can to help democratie Filipinos make a strong showing in the elections that the regime at t11is very moment is planning to rig against them.

EXPLOITE1l FAVOR AND AID

I trust we will not be diverted from a realistic con.rse by talk about how much the U.S. "mves'" to Mr. Marcos. Talk about sentimentality! Mr. Marcos has never sacrificed his own int.erest.s to help the U.S., anymore than the shah and Somoza did before him.

Like the shah and Somoza. Mr. Marcos has systf'mat!cally exploited the favor and aid of the U.S. to amaBS personal power and wealth. Rep. Stephen Solarz's House Foreign Affairs Subcommittee on Asian and Pacifie Affairs is documenting this point in its current hearings. As The Economist crisply puts it. '·The only aid <or 'rent for a ba.se'l that should be given to people like Mr. Marcos is a one-way ticket to an a.nti-assassin-guarded holiday resor~, ...

It has t:o.ken the Reagan administration a long time to learn the lesson the Carter adminstration learned :;o painfully about the unp:rc>fitabiliLY of trying to prop up doomed despots. As the Rt>::~gan people begin to learn the lesson in the Philippines. one hope.s that they will apply it in other parts of the world.

Tbere is every indication that Gen. Augusto Pinochet in Chile stands today about where Mr. Marcos stood in, say, 1983. Con· structive engagement will not reform Gen. Pinochet any more than it die! Mr. Niarcos.

Effusive words will only encomage him in a course of repression. Let us move t.o divorce the U.S. from the brut.al dictator in Chile before the situation is hopelessly radicallzed

December 20, 1985

and while there is still time for a democratic alternative to emerge.

THE AlVrERICAN PEOPLE WILL ALWAYS SUPPORT FREEDOM FOR THOSE WHO ARE OPPRESSED

HON. DAlE E. KILDEE OF MICHIGAN

IN THE HOUSE OF REPRESENTATIVES

Th!trsday, December

1[},

1985

Mr. KJLDEE. Mr. Speaker, I would !ike to express my personal outrage over the (;ovemment of South Africa's apparent refusal to allow a message of freedom fi"Om mon: than 1,000 citizens of my district into their cnuntry.

Sev<>ra! weeks ago, I joined with many of my l'.olieagues in obtaining the signatures of com,erncd Americans on a letter expre~sing our outrage over the system of apartheid in South Africa and our dedication to seeking an end to that ahhorrent pnlctice. This freedom leHH was to be personally delivered to the South African An· glican Ri:;;hop De~mond Tutu and the people of Sou!h Africa by the Free S•wth Africa Mov<•ment. But the South Afrkan Government has been unwilling to act on \'isa r~quests by anyone who is planning to deli>"er the freedom leHer. Over 50 United States citizens have \'olunteered to deliver the petitions to South Afrka. However. none of them have been able to obtain the required visas to enter the country. Bishop Tutu has now decided to come to the United Stales

to isolate scrutiny of apartheid unbelie,·ahly mane acts hy

GE BRINGS GOOD THINGS. FOR GE, TO LIFE

HON. GEORGE E. BROWN, JR. OF CALIFORNIA

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. BROWN of Ca!ifnmia. Mr. Speaker. thrte eYents this past week, not at first glance obviously related, reveal the unfair and dest!"uctin fiscal policies of the Reagan administration: General Eiectric's purchase of RCA: Congressional passage of the Deficit Control Act of 1985 (the so-called GrammRudman-Hollings bill); and The House passage of the Tax Reform Act of 198:>.

December 20, 1985

E 5819

CONGRESSIONAL RECORD- Extensions of Remarks

The GE purchase of RCA illustrates in microcosm the unfair fiscal policies of the Reagan administration. Citizens for Tax .Justice has found that in the 1981, 1982, 1 and 1983 tax years GE paid no taxes, and in fact received some Federal tax refunds.

In 1984 it paid some taxes, but for the 4year period the Government owed GE 598 in tax refunds. Had GE been taxed at the pre-1981 tax rates it would have paid about $4.5 billion in taxes instead of receiving refunds. By taking advantage of accelerated depreciation rates, purchase of tax losses by other businesses and other tax credits, it was able to accumulate nearly enough cash for the -purchase of RCA. Such tax preferences are unfair both to ordinary taxpayers and to other corpora· tions. Salaried taxpayers, who usually cannot participate in such attractive benefits, have in effect made a direct transfer payment to GE for its RCA purchase-it's unfortunate that they cannot be part owners. Furthermore, other companies such as Whirlpool, a corporation with similar product lines similar to GE, paid 42 percent of its profits in taxes during the same period.

It is not clear that the GE purchase will increase jobs, capital spending for new equipment, or productivity. In fact Citizens for Tax Justice has shown that GE, again contrasted with Whirlpool, invested very little in capital equipment during the 198181 period. A merger, of course. will cost jobs over the near term where there is considerable duplication between GE and RCA. The long term remains unclear.

GE's purchase has been made passible because of the Reagan administration's tax cuts of 1981 which p"rmitted the generous depreciation allowances and purchase of "tax losses" from other companies.

These tax benefits combined with greatly increased defense spending (from which GE, a major defense contractor, has benefited) has created record annual Federal budget deficits, more than three times larger than the largest deficits in the Carter administration, and his doubled the total Federal deficit from $1 trillion to $2 trillion in the 5 years of the Reagan administration. To the extent that present taxpayers have not paid for the GE/RCA merger, future taxpayers will have to by paying on the budget deficit.

In turn. record deficits, used to date with dcstructi,·e effect on domestic programs, have forc(•d on the administration and ConJress the need for deficit reduction measures pa~sed this week in the form of the Deficit Control Act. This bill, agreed by all, including most of its supporters, to be bad legislation, is certain to create more chaos in fiscal planning and to provide further excuses to cut many domestic programs. Congress and the administration have spent most of the past year wrangling m•er lmdget matters. and the Deficit Con· trol Act seems certain to intensify such debates in the future to the exclusion of consideration of other legislation for the welfare of the country.

Funds for cities, education, scientific research, the Nation's infrastructure, health care. en_vironmental and workplace health protections will be under tremendous budget cutting pressure. We should note

where these funds will have gone should the domestic budget cutting occur: for military spending and for tax loopholes such as those of which GE took advantage.

Finally, the above facts indicate the desperate need for legitimate tax reform to correct entrenched unfairness, as well as more recent inequities created by the administration. The House Ways and Means Committee found that 3,000 millionaires paid no taxes in 1984 and half of the largest and most profitable corportions in the country paid no taxes in at least 1 of the last 4 years. The present tax bill which just passed the House is a considerable impro\'ement on the status quo. But whether its virtues will survive Senate consideration remains to be seen. Let us hope the worst loopholes stay closed and some measure of equity, so flagrantly outraged by the tax preferences from which GE pi'Ofited, is brought into the Tax Code.

Although events of the last week are of greater moment than "Death Valley Days," GE does bring good things, for GE, to life.

MRS. MAYBELL VINCENT, 94YEAR-OLD TRENTONIAN SEWS, CANS, QUILTS

HON. ED JONES OF TENNESSEE

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. JONES of Tennessee. l\lr. Speaker, I rise today to share with my colleagues what I think is an inspiring story. It recently appeared in the Trenton Tennessee Herald Gazette. It is about Mrs. Mayhell Vincent. She is 94 years old and she is blind.

Despite her handicaps, she makes aprons, pillowcases, and has quilted eight quilts since the spring of this year. She cans her food, cleans, cooks, and washes herself. I think all of those things are remarkable for a woman of her age and even more remarkable when we consider that she is also blind.

Mrs. Vincent is an excellent example of someone who has determined that she is going to care for herself. She even tells representatives of the Gibson County Department on Aging that there are others that need help more than she does. I want to taQe this oppportunity to insert in the RECORD the story about Mrs. Vincent and hope that my colleagues will share with me great pride in what this American has accompljshed and continues to accomplish.

BLIND SINCE AGE SEVEN-94-YEAR-OLD TRENTONIAN SEWS, CANS, QUILTS

It's an amazing phenomenon that Mrs. Maybell Vincent makes her own clothes on a sewing machine. She makes aprons, pillow c~es and has pieced 25 quilt tops and quilted eight quilts since spring of this year. She cans her food, prepares food for the freezer. she cleans, cooks and washes for herself and prefers to hang her clothes on the line rather than using her dryer.

Why is this so unusual? Mrs. Vincent is 94 years old and has been blind since she was seven.

Lana Robinson. social service outreach coordinator for Gibson County Dept. on Aging, said she has visit-ed and assisted Mrs. Vincent on several occasions. offering the

department's services. "Mrs. Vincent feels that there are other senior citizens who need the homemaker and nutrition service_ more than she does," the coordinator said .

"Her general health is excellent, and she takes no prescribed medication," she added.

Mrs. Vincent grew up near Birmingham and moved to Trenton in 1961. She has a stepdaughter and a stepson who live in Michigan.

She has traveled extensively and appeared on the Grand Ole Opry severa.l times with the Carter Family. She is a member of the Church of God of Prophecy on Factory St. in Trenton where she attends services regularly.

Mrs. Vincent said she has to keep moving to keep her muscles active, because if she gives up, she woud not last long_ She is truly a remarkable woman.

BITTER HARVEST II: A STATUS REPORT ON THE NEED FOR EMERGENCY ASSISTANCE IN AMERICA

HON. JAMES H. SCHEUER OF NEW YORK

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 1\lr. SCHEUER. Mr. Speaker, as the business of this session draws to a close and Members of Congress prepare to return to their respective homes for the holidays, we would do well to remember those in our society who are hungry and ha,·e an urgent need for nutritional assistance.

Earlier this week, the Food Research and Action Center released a report entitled "Bitter Harvest II: A Status Report on the Need for Emergency Food Assistance in America." This report clearly demonstrates that the number of Americans in need of nutritional assistanc.e has increased under the policies of this Administration. One can only wonder how these individuals will fare tinder the bitter fruit of Gramm-Rudman in the next few years.

I commend to the attent.ion of my colleagues the Executive Summary of this important report which is printed below along with two articles which appeared in the New York Times and the Baltimore Sun on December 17, 1985.

EXECUTH'E SUMMARY Bitter Harvest II: A Status Report on the Need for Emergency Food Assistance in --America provides an up-to-date look at the demand for emergency food assista..'1ce in the United States in 1985.' In Bitter Harvest II we have confirmed our earlier research <Bitter Harvest Il that the faces of hunger are varied and the numbers are growing_ Emergency food providers tell us that people who come to their agencies most frequently are: families with children, people who have long since "given up looking for work" in-- communities of hi.gh unemployment, recently unemployed people who are experiencing hunger for the first time .in their lives.

We received responses from 370 food banks. soup kitchens and emergency food providers in 47 states and the District of Columbia. The respondents are geographically distributed nationwide.' Since we were ana'All data is for 1984 and first 9 months of 1985.

'Respondents are listed by U _s_ Department of Agriculture. Food and NiHrition Service Reg-ion II-

/

E5820

CONGRESSIONAL RECORD- Extensions of Remarks

lyzing the status of "emergency food providers;" e.g., food pantries giving out bags or boxes of food on a periodic basis, our findings are based upon the 290 respondents who are in fact emergency food providers.

All providers did not answer or comolete every question. We have· noted the actual number of respondents for each finding.

Our primary findings are as follows: <1) There was an average increase of 17 percent between 1984 and 1985 in the average monthly number of households served by these emergency food providers. 76.3 percent of providers reported that the average monthly number of households served increased from 1934 to 1985, 5.7 percent reported no change in caseload and 18 percent reported a decrease. The average increase in the number of households served per month by each survey participant between 1984 and 1935 was 37.1 (262 respondents). In Bitter Harvest I, in 1984 we found a 21.9 petcent increase between 1983 and 1984 from a different group of emergeilt:Y food providers. <2J 89.8 percent of the respondents indicated that a significant number of people came for emergency food assistance because Food Stamps and other financial resources that they receive do not provide enough food to last the whole month (285 respondentol. We did not ask this question in 1984, hence no comparison is available.

(3) 69 percent of the resoondents stated that 50 percent or more of their caseload is made up of families with children (290 respondents). This compares with 61 percent in 1984.

(4) Almost two thirds (63.9 percent) of the emergency food providers responded that private charity cannot meet the current need for food assistance in their conummities (277 respondents). This compares with 71 percent in 1984. <5) 85.0 percent of all respondents received household referrals from Social Service agencies (285 respondents). The reason given for the referral 80.9 percent of the time was that the household was not eligible for expedited <immediate) issuance of Food Stamps. (256 respondents). This compares with 84 percent in 1984.

[F-rom the Ba.1timore Sun, Dec. 17, 1985] HUNGER RISING DESPITE DROP IN POVERTY RATE, GROUP SAYS

<By .Mark Matthews) v\lASHINGTO«I.-Increasing numbers of Americans are seeking help from emergency food programs despite a drop in the nation's overall poverty rate and stabiliz-ed unemployment, a V\'ashington-based advocacy group reports.

The Food Research and Action Center released a survey yesterday shewing a 17 percent increase between 1984 and 1985 in the · mimber of people served by emergency food . providers.

It attributed to the increa;;e to what it called inadequate food-stamp allotments, rigid E'ligib!iity standards for emergency govern.ment feod aid, a still-high poverty rate c.:m0ng sc.me sections of the population and exhaustion of unemployment benefits among the jobless.

Nearly 70 p'2r8ent of the food providers said that more than half their caseloads involv:od families with children. the center said.

"Hunger in America was increasing in 1985." said Michael R. Lemov, executive director of the center, a non-profit research and advocacy group that lobbies for inNew England and New York, <II-Mid-Atlantic. <III-Southeast. <IV-Midwest. V-Southwest, VIMountain Plains and VII-West>.

creased govemment_food aid. Even though the number of emergency food outlets ap· pears to be increasing, many report turning people away.

The report, Bitter Harvest II, drew from results of a survey distributed to 1,000 food banks, soup kitchens and emergency-food pro\'ider;;;, 370 .of whom responded. This group included providers in 47 states and the District of Columbia. Five Maryland groups responded.

The repmt was based on responses from 280 agencies that are ~alled emergency food providers, mea..11ing those who give out bags or boxes of food on a periodic basis.

The biggest increase between 1984 and 1985 was found in the New York-New England area. The lowest was fou:1d in the Southwest.

The survey followed an earlier report.

Bitter Harvest I, that showed an iTicrease of 21.9 percent between 1983 and 1984 in the number of people getting emergency food aid. The center said that it did not attach much significance to the slower rate of increase this year over last year.

Mr. Lemov said the latest report showed a continuation of "an alarming trend in malnutrition and hunger in the United States, e>'en in a seemingly good economic year. We fear what will happen if the economy slows or turns downward." · The nation's robust economic growth and surgL."l.g employment has stabilized the jobless rate at about 7 percent. The improved economy is also reflected in the poverty rate, which made its first major drop last Year since 1976.

But with those improvements has also come an increase in two groups with high poverty rates-female-headed households and individuals living alone.

The center blamed the number of families with children seeking emergency food assistance on cuts in the federal food-stamp program. It cited Congressional Budget Office figures showing $7 billion in cuts between fiscal years 1982 and 1985.

"The effect of these cuts has been devastatL.'lg to low-income families, particularly children, who make up over 50 percent of the food-stamp caseload." the report said.

The new multiyear farm program agreed to over the weekend by House and Senate negotiators calls for a small increase in the program of about $350 million over four years, according to a congressional source familiar >'.ith the agreement. Mr. Lemov described tt.is as "an exceedingly modest restoration" of benefits.

-No statewide figures have been kept in Maryland on the nurnber of people seeking help from emergency-food progran1s-nor even of the ex::wt numl:ler of such programs that exist--r•.ccording to Ann Miller, director of the M:>.ryl:ould Food B~.nk.

Ms. Miller said, however, that volunteers from many of the more than 6GO programs served by the Food Ban\'; tell of higher demand this year.

Among them is Dominlc Jollie, president of the Carroll County Food Sunday program, which distributes eme1gency groceries from centers in Westminster, Sykesville and Taneytown. Mr. Joille said the centers pro1rided food to roughly 115 f;:;mi!ies a week in 1984: this year, they are serving an average of 150 fam~lies a week.

In contrast, the food P1J.ntry run by Worcester County Hung'2r Action on the Eastern Shore has seen a _drop in the number of clients this year. Catherine Walston, coordinator of the program, said she isn't sure what to make of the numbers.

December 20, 1985

[From the New York Times, Dec. 17, 19fr5] 17% RISE IN DEMAND FOR FOOD FROM • PRIVATE GROUPS FOUND

WASHINGTON, December 16.-A report showing a 17 percent increase in the demand· for food provided by private assistance programs was made public today by the Food Research Action Center, a Washington public interest organization.

The report surveyed 290 of 16,000 emergency food providers across the country, including· churches and community groups that distribute food to the poor, according to the group's executive director. Michael R. Lemov. The :ourvey did not include soup kitchens and other programs that serve pre· pared meals to the hungry.

But John W. Bode, Assistant Secretary of Agriculture for Food and Consumer Services, criticized the report as flawed by "defi· cient methodology and statistical unreliabi· lity." He said: "The survey was not conducted in a scientific manner. Of the 1,000 surveys sent out, 63 percent did not reply."

BIGGEST RISE SEEN IN NORTHEAS7

According to the survey, the Northeast showed the highest increase in demand for emergency food, 54.8 percent over 1984 levels, ptimarily due to increased demand for emergency food in New York City.

"Major segments of the population in New York are being bypassed by the economic recovery," Mr. Lemov said.

The survey reported that the total number of households receiving food from private assistance programs h-tereased to 83,576 households served by 282 providers in 1985 from 71,510 served by 263 food providers in 1984. Over 70 percent of the agencies surveyed reported a limit on the number of people they could serve, and 42.8 percent reported turning people away for lack of food.

Sixty-nine percent of the respondents reported that more than half of the house· holds they served include children, and 89.8 percent indicated that a significant number of people asked for emergency food assist· ance because their food stamps did not suffice.

FIGURES ON FOOD STAMP USE

Mr. Bode of the Agriculture Depa1tment said one out of nine Americans each month received food stamps, totaling approximately $1 billion a month, in addition to free school lunches available to low income children.

"The increased amount of food provided through emergency food outlets indicates an L.·:!Crease in charitable food activities that augment Government assistar;ce." he said.

Congressional confe:rees worldng on the farm bill agreed Saturday to increase the an:ount of money given to the food stamp prcgam by $350 millon above cc;:rent levels, over four years, restoring a portion of the $7 billion cut from the program in 1981 and 19G2.

The bill now goes to the House and Senate.

:MOURNING OUR SOLDIERS AND DEMA:t-.TDING BETTER AIR SAFETY

HON. ROY DYSON OF MARYLAND

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. DYSON. 1\fr. Speaker, today I rise in memory of the 248 Amei'ican soldiers who were killed last Thul'sdah December 12, in

December 20, 1985

CONGRESSIONAL RECORD- Extensions of Remarks

a tragic airplane ~:rash in Newfoundh{nd.

These soldi~rs were returning home to their lo•'ed ones after spending 6 months as peacekeepers in the 'olatile i\liddle East.

ThEse men who had served their country when asked, are now dead, perhaps unnecessarilY. i\lr. Speaher, these men "·ere I1ying home in a plane that may not han been safe to tly. The Federal Aviation Agency has stated that the airline in,·olved, Arrow Air. was fined $3-1,000 earlier this )"('ar after failing to meet certain safety st;J ndards. I have watched the television news in recent days and listened to a tape recording that one serviceman sent home. I listened in shock and dishelid as this soldier told his family that he hvped he made it home from the !Hindle East. He was not afraid of dying in his rule a~ a peac~keeper. he feared flying on the airplane because it was in such frightful condition. Toda}" that soldier is dead.

The horror or thi'> crash has left many questions which must now be answered. We do not know if this crash could have been prevented by proper maintenance or if it was due to a mechanical malfunction which was unavoidable. What we do know is that this was not a military aircraft. It was a chartered jet, chartered not by our militMy command but by the Multinational Forn and Oh~ervers, an ind~pendent, intematiunal group which coordinates soldiers in the Sinai Peninsula.

Why was this airline chosen? Why are we rishing our soldier~· lives as peacekeepers and then sending them home on the cheapest airline available, regardless of its safety record? Why doesn't our militar} command take responsibility .for the movem<'nt of our troopti'!

Our Defense Department wastes billions of d•>llars nn weapon systems thai do not wnrk We cannot allow the Defens.o Department to pay for the worthll'ss Sergeant York and other defense disasters by cutting corners in airline safely at the eost of Ameriean !i''l'S. We ~ust adhere to stringent safety requirements if we are to axoid such air t"atastrophes in the future. We must review the current regulation~ and make all necessary changes to insure that the ~afl'tY uf our soldiers who defend world peace is- t~ot being t~ompromised far any rt>a~on.

!\lr. Speal,er. this tragedy raises many of airline safety in the public well. How many ,,f these dangerous airplanes are currently in U3e? Are our ai1 travelers risking their lives when they board planes across the country"! In this Ha of airline deregulation. I ha\'e serious reser"ations about the condition of many of the planes we use on a daily basis. I hcl!e,·e that now is l he tim~ to rl'evaiuate the aviation rule!i governing the airlines, both !arg~ and small. We must insure that these :·ules are enough to insure air safety and we must also Ensure that these rules are hcing followed.

There is nothing we can do for the soldiers of the JOist Airborne who perished last Thur~day. Their time on this Earth ended approximately 1 minute and !0 seconds after their plane took to the air. This loss of life is mourned by the families of tho~e im·ol•·ed and by our Nation as a

question~ sedor a~

E 5821

It is dear th,~t Con!!ress was excessive in 1981 in reducing corporation~· tax liability hy allowing them to take mueh greater ad''antagc of loopholes and preferem:es. A r~cent Citiz"ns fo1· Tax Ju~tice study found that 129 of our Nation's largest. 275 profitable corporations paid no taxes at all or acTAX REFORM ACT OF Hl85 tually got money back from the Governmef't in at ka~t l of the past 4 years. The SPEECH OF Ways and :1-Ieans bill reverses this trend by HON. RICHARD J. DURBIN bringing the corporate share of revenues OF ILLINOIS hack to the l!JSO len•!.

IN THE HOUSE OF REPRESENTATIVES I<~ making these changes, we must tah c::;re that we do not go too far in the oppoTuesday, December 17, 19S5 The House in Committee of the Whole site dirtction. This is particularly tm~ for House on the State of tl~e Union had ur..der those c:1pital-intensive heavy industde~ consideration the biil <H.R. 3833) to reform that are still reefing from the 19S2 reces· the Interna.l Ren•nue laws of t.he United sion and that are already facing significant States. probiems competing in the international Mr. DlTRBIN . .\Ir. Chairman, I rbe today marketplace. They will have serious probto offer my support for the 'fax Reform Act lems if their costs of investment grow too sharply of 1985.

Despite thai one caveat. I do not agree Enactment of this tax package would represent a historic first step toward fash- with the contention that the bill is antibusiioning a fairer Tax Code for all .\.mericans. ness. I have talked with many owners of It will provide genuine lax relief for low- small and medium sized businesses across and middle-income people who ha••e shoul- my district about the Ways ar.d Means tax dered too large a share of the tax burden. reform proposal. I found that there wa~ The Ways and ~It>ans hill r,;moves more overwhelming su:1port for the measure than 6 million low-income individuals and among these business leaders ..:Uany said families from the tax rol!s, eliminating one that even if the bill meant some initial loss of the greatest inequitites of our current of income for them, they still wanted our tax system. It also provides middle-income tax system O\'erhauled and made fairer. families with 50 percent of the tax reduc- Their viewpoints helped solidify my .suption benefits, as opposed to the ;J7 percent port for the bi!l. lhat the Pre~ident's plan would have offered.

DIARY OF A CANCER PATIENT The Ways and :\leans plan will require that Ul>per income earners pay their shm·e HON. JACK F. KEMP of the tax burden. Legalized tax avoidance. unfortunately, occurs far too often under OF" NEW YORK our current Tax Code. A recent Treasury IN THE HOUSE OF REPRESENTATIVES Department study found 3.000 millionaires Thursday, December 19, 1985 paying virtually no taxe~ at all and 5..100 Mr. KEMP. i\-lr. Speaker, I would like to paying less than J!) percent.

The Ways and .\leans propusal sharply share with you and our colleagues the reduces the tax relief that t.he President's diary of a courageous fighter and a ~;ood plan would f-ta,·e provided to upper-income friend, Nat:;an Per!mutter, diredor of the Anti-Defamation League of B":;;ai Brith.

Amel"ican~. The Pre~ident's tax proposal would ha,'e gi·.-en those earning oYer :'\ate started keeping this diary when he $200.000 close lo n third of the tax breaks di~covercd that he had cancer fast June. resulting from tax reform. The Ways and and excerpts were published in the New Means plan, howen'r, would grant them York Times magazine on November 2-t, only H pet-cent of the benefits. H also im- 1985. ll is these excerpts which follow.

Nate's diary refl.ccts the thought~ and obposes a stiff minimum tax that would raise an additional $19 billion in rnenucs and servations of a person who is looking hack guarantees that no one \..·ill be able to on his life from a new perspective. He is funny and witty and incisive. He chronicles evade paying his or her taxes.

The committee's proposal promotes hi" reaction, and the reactions of those greater equity in the Tax Code by pre~·~rv­ around him, to the inct·easingly bad news ing most of the basic deductions and exclu- about his health in the manner of a true sions which are widely used hy middle- scholar. and lets us share his experience. income families. It preserYes the tax-free Best of all, the treatment Nate received status of emplo)'ee health benefits and was su.:cessful, and the growth was arrestallows taxpayers to continue to deduct ed. l\'ate continues to worl{ full tilt at B'nai their State and local taxes. Both of these Brith. and his story should give heart to isKues haYe caused a great deal of concern those who are diagnosed as having cancer. among my constituents. and I am pleased and insight to their loved cmes. that the final package is satisfactory on Thanks, !\ale. for your great example to both counts. all of us of courage and dedication to the My one source of concern about the bill cause of ciYil and human rights. is its potential impact on American busi(From the New York Times, Nov. 24, 1985] ness. Both. the President's and the Ways DIARY OF A CP.l'CE"R Pt,TfENT ar.d Means proposal.< would shift the tax rLast June. Nathan Perlmutter, nationa.l burden significantly from individuals to director of the Anti-Defamation League of corporations. This reverses a trend initiated B'nai B"rlth. 'was told by his family physiby the 1981 tax cut which offered substan- cian, Dr. Elias R. Stoller. tl1at l'te had iung cancer. a disease that is almost aiways fatal. tial tax breaks to corporations.

whole. We cannot lessen the pain fe!t by those who lond these soldiers. We can only remember them as we ~eek to pro,·ide !'afe air travel in th{' future. We rt!U.st not fl't i hese d•~ath~ J!O silently past u~.

E5822

CONGRES~IONAL

kept a diary. but showed the cancer's "Maybe the drama in my head attentive, unques" Mr. Perlmutwas something the positive biopsy, w'th myself assisted 'accustomed' to l'.ho adapt to living dril.ma has ebbed ::..nd stranger self too."

Pfr!mutter, author of articles on soeial issues. reflects on his medical experiences. his friendships, and his relationship with his wife of 42 years, Ruth, and tl:Jeir children, Nina and De~.n.l <By Nathan Perlmutter) arre~;ted.

FRIDAY, JUNE 14, 1905

Yesterday Ellie Stoller told us it was m2.ligmmt., cancer in the lung, but possibly elsewhe!'e too. So Monday a CAT scan to look around.

Interestingly-at least to me-I'm so cool about it. Is that ··strength" or just dumb?

I do have, or briefly had. a problem telling people. I'm so visible in the agency. And for weel<'.s, the cough, the exams, and so they ask and I've been saying, truthfully, I'm taking tests. So no~.v the tests have given an answer. At first I lied. but right away saw I couldn't. It was trar>.spar.ent. So you tell them: malignancy. And that's sticky too.

The pity look is heavy.

I've got to start thinking about preparations. Does Ruthie own the bonds. stocks, etc .. with me jointly? Do I own them alone?

Tax implications? After the CAT and bone scan:;, maybe it'll wait, maybe it'll need acting on right away. We'll see.

SATURDAY, JUNE 22

So many callers. Touching. Funny how they sort tl1emselves out, and not in predictable ways. Some are truly helpful in their conversation. Some can't handle it themselves. However, they still want to reach out, and the result im't a good touching. . And some you love are in the latter catego-

RECORD- Extemiom of Remarks

a "full life." God knows that in Ruthie and in my job I've had the best: more than most would have if they had it good till 90. But I went to bed sad. •.voke u~ several times feeling sCJd and vvas sad this inorning. lt's good that we're getting so many calls.

AU day, dc•zens. repeat calls and new ones. I take few. It's good that Ruthie takes them, bt-cuuse it binds the caller closer to her and shows her the caring for her. She needs and will need it. Among all the good things of my work, the number of people who kno•.>; me ltnd care about me-whether for myself or for what I represent-is, in hu;:r.an terms, a real treasure. And Ruthie's so straight, a:td it's PlEin. Now it's coming back to l1er in affection and ca.ring.

The last !.wo days I've been sad. Probably pre-dictable as a normal stage. L!keiy, in time, llghtheartedness and depression. bravado and fear will set in. Funny how your uniqueness fades when you realize your reactions are all on graphs that can be pre. dieted. I sure. however, don't fpeJ like a "fighter." I seem resigned to it-with the feeling that I sure as hell don·t want to hang on. medicated to senselessness. just to stay "alive." So it's not a feeling of "Why me?" or ''I'm too young to die." But I am sad. I'd have to be a dummy to be glad.

TUESDAY, JUNE 25

Now [IN another doctor's opinion] it could be no more than six months. I smiled at my towel this morning. One with a small hole in it, and I've been waiting to make rags of it. Now it's going to outlast me. I wiil, however. return the N.Y.R.A. [New York Racing Association] form for check· cashing privileges at the track. These .may be tfle longest odds I've played.

The calls are so good. Me who never was comfortable with expressions of warmth too plainly said. and now I am so moved. It's nice. Real nice.

WEDNESDAY, JUNE.26

Likely will have a bed tomorrow. SloanKettering requires pajamas. I haven't worn pr.jama.s in 50 years. Aah, modesty. I read the release. I can take traditional treatment or. being an advanced case of a malignant tumor, I can take experimental treatment.

Sign here, guinea pig.

That's not fair. A big reason for choosing Sloan,Kettering is that it's experimental.

Sti!l, why are the warnings of side effects more resonant than the prospect of recovery? Because I really don't feel I'm going to recover?

"Advanced." How'd I get "advanced" so quickly? Two weeks ago, they concluded it was a turr:or. For months. the doctors were 95 percent sure it was a pneumonia, and suddenly, so ming-bogglingly quick, I'm an advanced cancer statistic. It's so hard to gra.sp. Still, no anger, no "why me'" no fear <except of the side effects of chemotheraPY!, but sadness and wonder at how quickly such a storm forms, how quickly life darkens.

You're supposed' to see your life go by at times like this, What die! I do with mine?

Funny, as my mind is smiling, what I feel I've accomplished. I married the prettiest girl. I made it to Marine infantry officer. wrote a few books and became director of the A.D.L.-my hill. What's amusing about it is that these are elemental, rawly physical achievements I think of, rather than accomplishments of the mind. I married Ruthie, and that's hardlY an intellectual achievement. A million kids have become marines.

That's hardly being a von Clausewitz, and besides I didn't even see action. The books?

One was on horse racing!

It's not the "contributions" I'm pleased with. as much as just having done them. I take pleasure in simply having made it to

December 20, 1985

the top, simply having written the books and articles. simply having passed the Parris Island and Quantico tests, simply b€·!ng Ruthie's husband. Well. I never claimed to be an inteliectual or a do,gooder.

THURSDAY, .JUNE Z7

so the call. early this morning.

Check-in time 12:15 P.M. I was going to go to the ofiice with my overnight bag, stayed home instead. I feel that I'm on a ship, waiting to wade ashore and engage in battle.

Battle? Yes.- The chemotherapy scares me, and somehow the cancer <the Japanese') is holed up in bunkHs .... My point is that I'm \\':iiting. like on a ship, feeling somehow suspended but hollow·bellied and nervously anticipating.

Yesterday's call from Abner was a good bracer. His telling me of Phoebe's having taken chemotherapy for four years strengthened me. She was loaded with dignity and displayed courage you had to be drawn to. His reminding me of her gave me a role model-for dignity· and for bravery.

Good friend.

And

S:·lTUR.DAY, JUNE 29

And so I am landed-in Sloan-Kettering.

Is it 24 hours now? I'm not sure. EvenLful.

The bioposy of lymph node is positii'e. Then I couldn't urinate. So I have a contraption connected to my penis and bladder. If I can't go when it's di.sconnectecl, then more surgery-prostate. That would put chemotllerapy on a back burner.

I never did put much hope in the lymph node being clean. It would've been nice. but more than half believed it to be c?.ncerous, too. I keep thinking you can't lose them all-and keep losing.

Such pleasurable luck in a roommate.

Kossover is straight, intelligent, a· Williamsburg boy and easily the best medicine I've had here.

I was feeling much better before I checked in than I do now or since I checked in-and it's all been preEminaries, without "chemo" having even begun.

MONDAY, JULY I

Why am I keeping this diary? Is it the conceit or. more accurately, the ego of even a doomed man to be planning on being publishe<i' It likely is more this ego than any new insight for society. It amuses me. Like a sick \VOman who wants to look pretty for visitors, old cancerous me is writing not for posterity but for possible posthumous publi· cation.

And these selections. Got to be careful. No cliches-self-pitying or macho. Also have to avoid making it ar. accounting of anatomical tsoris <L-et me tell you about my prostate.

Oh, do I have a prostate!). So you try to pick items you think will be of interest to those interested in you. And you hope you'll come through candidlY. insightfully, real.

Hoo, ha.

MONDAY, JULY 8

Been a long time, diarY. Nothing personal.

Just didn't feel like it. Seems less important than it did when we started meeting this way. But it's time now. I'm waiting to start, at long last, the chemotherapy. Signed away today all rights to complain later. I'm an advanced case (you only just told me!l, and no guarantees-it's experimental. Fair enough, but please be gentle.

So what's happened since last we met? I forget. Had I toid you I had a second operation? Prostate. It seems successful.

One day was memorable. When they took the catheter out following the lymph-node operation. I could· urinate, I was elated, manic almost. Look, Ma. I can go by myself.

And then that night, the bottom, the dark,

December 20, 1985

CONGRESSIONAL RECORD- Extemions of Remarks

deep bottom-couldn't urinate. Back again with the catheter.

But that's all over with, and now the main attraction: Cancer attacks Nate Perlmutter.

Perlmutter fights back. We'll watch with in· teres£, as they say.

What has been extraordinary has been Dean and Nina. We've not had our kids together forever it seems, and they're such good people-and wise. No surprise with Nina. She always was the steady girl scout.

But Dean. Fantastic change. And what a warm comfort to know that Ruthie will have them.

MONDAY, JULY 15

Well. progress of sorts. I'm an outparient now. Even in the cancer ward, as in the ba.kery. I had to take a number and waited to be called to get treatment.

In the obituary pages, which-surprise. surprise-I"ve been reading closer, 62 is a young age. Here in my bakery line. I seem to be older than the average.

So when I"m called, I have to remember wll:o;t to teil Dr. [David PJ Kelsen: (1) Gained back 8 of the 10 pounds I lost. <2l Excellent appetite. <3l Wall-climbing itch in my rectum. <4l Light beard.

Coming back to work has been so interesting. Touching, more accurately.

WEDNESDAY, JULY ! 7

It wasn't a good day emotionally. It started with philosophical smiling and ended with my first cry. <Well. I've choked up several times, not in sadness but in affectiona.te response to expressions of love.l And what was the big deal?

Monday, the doctor told me I would be bald in two weeks, O.K., no tragedy. By yesterday, it gE'gan to sink in tha.t although I'm prepared to play Yul Brynner, people coming into my office. seeing me bald, are going to well up with emotion. Who needs those kinds of heavy feelings? So we decided-to save friends embarrassment and my having to comfort them-I would get a toupee.

Today, Ruthie and I went to a wig impressario. a character right down to being Hungarian. I was fitted for a wig, and what started so ca.sually ....

It. was the ludicrousness of me in the mirror that. I found so humiliating, even debasing. I looked like some Beatie or a Three Stooges character. I tried to be casual in s~wing I'm 62 and I didn't have such a think mop of hair when I was 22. The woman kept as'iuring me to wait till they shaped it. Just waiting, and the mirror more than testif~·­ ing to her bull-my image laughing at mewas heavy going. She finally saw t!1at I was upset and, to her credit, backed off. Backed off? Sold me a. $1.500 wig in place of the $325 she was trying to palm off on me.

So why talk about it in the diary? I've felt ~adne:o2 and spoken of it. I've felt love. oh such love and gratitude, for Ruthie and the kids and ior so many friends, more than I realized I had, and I've noted that, too. But humiliation is new to me. I looked and felt !ike a crazy. a clown. I've grown accustomed to my bald spot; I've grown accustomed to my thinning hair; I've grown accustomed, I suppose. to me-with my hair, my bowed IP.g, my p2.unch. They·re all authentically, if imperfectly, me.

But the mop of hair-thick like an 18year-old'5 or an overly virile gorllia's-was a mockery of me. It was there to avoid causing oth•21;s embarrassment, and I would up IH;millati:!g myself. If it hadn't been for Ruthie's sensing it all and aeting accordingly, 1 might well have cried there, mther than later at home. But now that 11as been experiencr>d and over with. I walked a mile today. and that ha.s to be a good sign.

FRIDAY, JULY 19

I have the impression that these entries have all been about mundane things. A wig, operations, urinating. Curious. Here you are with one doctor saying you have si:.; months. another a year and a half, and you really occupy yourself doing business a.s usuaL I don't recall that I've pondered .. the mean· ing of life," vowed saintly behavior in the time left me, etc. Inasmuch as I'm "honest· !y" revealing my thoughts <Isn't there some· thing in law about a dying man's testimony being considered true?J, is it that the mu..TI· dane-the bladder and urination-oc.cupies us more than questions of The Meaning of Life. Truth, The Hereafter? Maybe it's just a reflection of me. Ma:;be I'm dying. We'll see.

In any event, I'll ask Dr. Kelsen Monday about the odds on my going into remission.

SUNDAY, JULY 21

Yesterday drove to East Hampton and partied with the Bialkins. Today lunched with Kenny and Ann and the Wiese!s and drove back to New York. I sure as heH don't feel !ike a dying man.

Nina ·s letter arrived with tape re how to have the right frame of mind-I'll not play it. No particular principle involved, just not interested. My frame of mind seems to surprise people. I'm naturally not a moper. It's just inherently me, like the color of my eyes.

Interesting the way some skirt the word cancer and others offer the experiences of friends who had cancer <I suppose to subtly let me know ti1eir friends are alivel. I find it quite easy to talk about it, but at times, when the conversations follow one another too closely. I get bored.

Something I haven't been confronting: Dr. Kelsen had said tha·t in six to eight weeks we'd know if the chemotherapy had arrested the cancer's grow'th. That's like setting a date for sentencing. Two weeks ago when he· said it. six to eight weeks was a long way off.

Now it's a month off. What if the cancer has gro-.m? Will I be as strong emotionally as I feel I have been? Or is my "strength" just me thinking, really, this isn·t l1appening to me-I'm just witnessing it as an observer. If it is still growing. do we change the chemo? The doctor? The hospital? I drove bot11 ways to East Hampton this weekend, I'm scribbling these notes no'"'· I'm on top of my office work.

I re2lly don't telieve I'm dying.

THVRSDAY, JULY 25

I have to push myself to enter these diary notes. Loss of interest? Boredom? The germinating thought that it is another conceit of ::t_rwther dying man?

Am I dyir;g? I mean, soon? Saw in :,·esterday's Washington Post that only l. 2 of 100 lung-cancer patients live longer than five years after being diagnosed. Doesn't leave me much time to go over the scrapbooks I've been saving for retirement-all those accounts of wins iand losses). press clips and pictures of Ruthie's Native.

[For a few years, Mr. and Mrs. Perlmutter raced thoroughbreds; Ruthie's Natil•e won the 1977 Florida Derby.]

I'm tired today, and it's early morning a.s I write. Must be the chemotherapy's effect on my red corpuscles, which carry oxygen. If tlley·re out of whack because of the chemo, it would account for this enervation. Also. dear diary. my rectum still itches.

FRIDAY, JULY 26

I'm noL sure but that I'm not beginning to "play on" this cancer thing. David [a colleaguel ac,kcd me at lunch what chemicals I was getting. I explained, vindesine and carbopla,in. and threw in that I wasn't being c.harged. Why? I signed up as a guinea pig.

E 5823

But why?

Traditional chemotherapy wouldn't, the doctors feel, be as good a bet.

Boom. boom, boom. All the heavy implications of the dying man making a desperat.e stab at magical potions. I really don't think I did It to get pity-more likely to seem hcroic. That's interesting. I mean the odds do say I'm not a good bet for making adl'ance paid reservations. And I show off about being on experimental drugs. We don·t much change, do we, even in these circmnstances? Mamma used to say the older we get, the more we get like what we are. I wouldn't have thought. that it was Erue down to the wire. What on earth is t.he big deai iil imoressing people with your medication il.lld its desperation prescription? The p!e:;.sme of attention, the habl.t of subtly showing off-see how brave I am no matter the overwhelming odds, no matter the lifeand-death stakes? Cue the soft and schmaltzy music.

SATURDAY, JULY 27

I !coked long at Ruthie today, and slw looked sad. I felt so bad for what I'm doing to her. She's having it. tougher than me in some real ways.

I look at my shoes. The top of one of the browns is beginning to crack. Do I postpone buying new ones? I mean why spend S70 for shoes that may outlive me? Cheapo.

Now to watch the Mets-Astro game.

That's interesting to me. I keep reading The Times, keep caring about the Mets and Yanks, keep caring about the office and the people there. Death, or the contemplation of it, is much heavier for the young.

Just a second, 62 ain't all that old. Mature enough though to not go into a tailspin and to still care about the Mets a;1d the news of the day.

SUNDAY. JULY 28

Sunday, and I took walks. It's good to get out of the house. The sense of being an invalid feeds on itself when you sit and sleep. sit an sleep. Being outside, like being wit!1 people, takes you out of yourself-a.l1d when yomself is in this shape, that's good.

I note something interesting in my response to people I pass in the street. At the beginning of knowing I had caneer. when 1 passed young people, I felt smilingly kind toward them-youth, irL•:tocence, that kind of thing-and I quietly wished them well. I still do, but now I'm conscious of people older than L I indulge in what it has to be called-self-pity. "They're that o!d, and I'll likely not make it" stuff. I'm not. rea.!ly resentful, just mildy selfpitying.

I'm also conscious that I've been reading the obits closer than ever before. Looking for the deceased's age and if he, sl1c. died of cancer? Lung cancer? Sloan-Kettering? Long illr.ess? Short illness? ~IONUAY,

JULY 29

Well. we're in a. stretch of sorts. Monday a week from this afternoon's therapy, I gel the full treatment. The X-ray 'Nill tell us whetl,l"r the tumor is growing still, stopped growing or in remission. Countdown week.

Got the calendar of treatments through August toda.y, structured around our r,.'[aine vaca,tion. It'll make a difference in Maine what the pictures show on Monday.

I feel good. Walked home from the hospital. 17 blocf:s. But on the other hand, the cough is worse. I'll not be devastated if the picture is bad news: I hate tl1e thought, but I can·t fall apart. I have to be strong for R.uthie, for the kids who have been such beautiful discoveries for us. Hell, got to bP strong for me, too. If it's bad, we'll h~1·p to {.ry a new protocoL

E 5824

CONGRESSIONAL RECORD- Extensiom of Remarks THE SEEP RIDGE PROJECT

HON. JAKE GARN OF UTAH

IN THE SENATE OF THE UNITED STATES

Th1trsday, December 19, 1985

everything hours of j::OlnlJOSity disWhat hapeither; out.

X-rays talc:en cf Mr. Perlmutter this month continue to show no additicnal tumor growth.

â&#x20AC;˘ Mr. GARN. Mr. President. before members of this Congress leave to go home for Christmas, I want to outline for my colleagues the way in which the overzealous and misgl.J.ided efforts of some members of the Congress have raised new questions about the credibility of the U.S. Government and its ability to keep its word.

F'ive years ago, when the Congress reacted to the energy crises by creating the U.S. Synthetic Fuels Corporation [SFCJ, SF'C was supposed to be the an.swer to our energy problems through a process of open solicitation.s of private sector synthetic fuel technologies on a com...11ercial scale. Since that time however, several things have happened to dash the hopes of a credible synthetic fuels industry in the United States. First, lmtil this year, the SF'C failed miserably to take the initiative and move forward with a clear plan of intentions for the development of synthetic fuels. Second, the declining price of oil made the economic viability of the several projects which it considered, very unattractive.

Those projects died. But, some projects, like the Geokinetics/Peter Kiewit Seep Ridge oil shale project weathered all of this and still moved forward with a very credible project proposal. The Seep Ridge project sponsors invested over $4 million over a period of 3 years in an effort to meet the stringent SFC requirements. On September 19, 1985, the department of the Treasury re::;ponded to SFC's an, nounced intention to move forward with Seep Ridge and certified that sufficient unemcumbered appropriations were available for SFC to go forward and approve the project.

I should point out, that throughout the discussion of SFC, opponents have claimed that killing the Corporation will somehow help reduce this year's budget. This simply isn't so. The fact is that in the case of Seep Ridge, we are talking about $184 million in a combination of loan and price guarantees. Any expense to the Government would come after the project was constructed to pay the difference between the market price at that time and the guaranteed price, assuming the market price continued to be lower.

The loan guarantees would only be paid if the project defaulted. So, I hope it is clear that no money has been saved in this budget year and probably none saved for several years until the price guaranteed are utilized.

Unfortunately, on September 17.

1985, the Tenth Circuit Court of Appeals in Denver, CO, overturned a lower court judge and held that the late 19th century boundaries of the Ute Indian Reservation were in fact, still valid. The effect of this decisio::1

December 20, 198S

December 20, 1985

CONGRESSIONAL RECORD- Extmsiom of Remarks

agreed to by the administration. In addition, we pointed out the inequity of denying due process to the projects under consideration by the· board, which were not dreamed up over night to raid the Treasury, as has been suggested, but had been carefully considered and brought to the threshold of approval, as I have described in the case of the Seep Ridge project.

The administration recognized the value of its prior commitments, and eventually stated that fact in a followup letter to the Appropriations Committee chairman of both bodies. Unfortunately, due to questionable and, I believe, deliberate, delays in the Office of Management and Budget, that statement came as too little, too late.

The damage had been done by Members in the House and Senate who refused to listen to the merits of Seep Ridge in their frenzy to attack the Synfuels Corporation. Certain House Members literally resorted to threats and intimidation of Synfuels Board members, when they thought a loophole had been found in the restrictive language adopted by the Congress, with regard to the expiration date of that language.

Mr. President, several of these Members even recognized that they were doing an injustice to the Seep Ridge project. They called me personally to apologize, but to say that they felt they had no alternative but to attack the whole process, without regard to the merits of an individual situation.

And without regard to what their· action would mean about the credibility of the Federal Government.

This situation is deplorable; it is unconscionable, and should not be allowed to have the effect of destroying the hopes and plans of people who answered the call of their Government, at a time of crisis with respect to the availability of oil products, and invested their time, talents and millions of dollars, only to see the train leaving the station as they stepped onto the platform.

I will not let this matter rest here.

There is nothing that can be done, now, to allow the Seep Ridge project to be approved by the Synfuels Board, short of asking the President to delay signing the new continuing resolution until after the present one expires and the Board can meet. But that would be roundly denounced as some sort of skullduggery and would raise again the spectre of the Government operating for a day without appropriations.

But I believe strongly that the honor and integrity of the U.S. Govermnent is tarnished by this series of events. I will do everything I can to right the w:rong that has been committed. And I will ask those who committed it, who have admitted to me their personal regret for the outcome for Seep Ridge, to join me in finding a way, through some other program, to demonstrate that the Federal Government can be counted on to keep its word.e

E 5825

It is important to bear in mind that the GILMAN LEGISLATION TO REINSTATE BURIAL BENEFITS FOR average cost for a funeral, not including a VETERANS casket, headstone, or grave, is $1,980. While

HON. BENJAMIN A. GILMAN OF NEW YORK

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. GILMAN. Mr. Speaker, I would like to call my colleagues' attention to H.R. 3926, the Veterans' Burial Benefits Act of 1985, legislation which I have recently introduced, extending and improving the funeral benefits currently provided to our deserving veterans.

Pt·ior to 1981, section 902 of title 38 of the United States Code provided for a burial allowance of up to $300 in all cases where a veteran died: First, of service-connected disability; second, who was a veteran of any war; third, who was discharged for a disability incurred or aggravated in the line of duty; or fourth, who was in receipt of-or but for the receipt of retirement pay would have been entitled to-disability compensation. The Omnibus Reconciliation Act of 1981 (P.L. 97-35), however, severely limited eligibility for the $300 burial benefit to veterans who at the time of death "were in receipt of compensation-or but for receipt of retirement pay would have been entitled to compensation-or in receipt of pension, or who die in a VA hospital or facility." · My legislation: First, restores the pre1981 eligibility for veterans for the purposes of receiving funeral benefits; second, increases the amount of those benefits from $300 to $400; and, third, increases the plot allowance from $150 to $250. It Is my sincere hope that this legislation will help our veterans and their families defray a portion of today's escalating funeral costs, easing the added finanCial burden that so many of these families find themselves facing. It seems only right that we reinstate these benefits and meet the obligation that we made to these veterans at the time of their commission into the service of their country, to provide them with reasonable compensation for their funeral costs. Veterans have been dealt.a severe injustice; an injustice that is within the power of ttiis body to rectify.

Since 1981 countless veterans have been denied a proper burial. Current law does not extend funeral benefits to our most impoverished v:eterans, only those veterans who at the time of their death were receiving disability compensation or retirement pay a1·e eligible for the benefits. There is no safety net for the poor and working poor who die without insurance.

When testifying on behalf of the American Legion before the House and Senate Committees on Veterans' Affairs, Robert E. Lyngh best expressed the indignance of the veterans community when he stated: The reduction [of the burial benefit] placed an economic value on a benefit that was freely given by Congress to insure that all veterans would be buried with dignity and respect, regardless of their income or soci~J standing at time of death. The present restrictions violate the Legion's long-held principle of equal benefits for equal service.

State and local governments sometimes provide funds for indigent funerals, this by no means covers all of our vetemns and is not a viable option for the families of many of our veterans.

The death of a loved one is always a difficult, trying time. Whether that individual suffered from a long, lingering illness or was taken suddenly, it is very difficult for families to prepare emotionally and financially for such a loss. By reinstating the eligibility for funeral benefits, and increasing that allowance from $300 to $400 to reflect current costs, we would be meeting our obligation and be alleviating, in part some of the burden being felt by the families of veterans. The increase in the burial allowance from $150 to $250 is necessary and longoverdue.

Following is the text of H.R. 3926, "the Veterans' Burial Benefits Act of 1985" which I commend to my colleagues' attention and which I hope that they will share with the veterans groups in their congressional district. I invite the support of my colleagues of this important legislation.

H.R. 3926 A bill to amend title 38, United States Code, to extend eligibility for burial allowance to certain additional veterans and to increase the burial plot allowance for veterans from $150 to $250 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION I. SHORT TITLE.

This Act may be cited as the "Veterans' Burial Benefits Act of 1985".

SEC. 2. ELIGIBILITY FOR BURIAL ALLOWANCE.

Subsection <a> of sectin 902 of title 38.

United States Code, is amended to read as follows: "(a) Where a veteran dies"(1) of a service-connected disability; or "(2) who was"(Al a veteran of any war; "(B) discharged from the active military, naval, or air service for a disability incurred or aggravated In line of duty; or "(C) in receipt of <or but for the receipt of retirement pay would have been entitled to> disability compensation; the Administrator, in the Administrator's discretion, having due regard to the circumstances in each case, may pay a sum not exceeding $400 to such person as the Administrator prescribes to cover the burial and funeral expenses of the deceased veteran and the expense of preparing the body and transporting it to the place of burial. For the purpose of this subsection, the term "veteran" includes a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title:·.

SEC. 3. INCREASE IN THE BURIAL PLOT ALLOW. ANCE.

Paragraphs (1) and (2) of section 903(b> of title 38, United States Code, are amended by striking out "$150" each place it appears and inserting in lieu thereof "$250".

E5826

CONGRESSIONAL RECORD- Extensions of Remarks

TAX REFORM ACT OF 1985 SPEECH OF

HON. MATTHEW J. RINALDO OF NEW JERSEY

IN THE HOUSE OF REPRESENTATIVES

Tuesday, December 17, 1985 The House in Committee of the Whole House on the State of the Union had under consideration the bill IH.R. 3838) to reform the Internal Revenue laws of tl1e United States.

Mr. RiNALDO. Mr. Chairman, while I have some concerns about specific pwvisions in the bill, on the whole I think it would be a significant improvement over our present income tax system.

We must not lose sight of what has been accomplished during the 'IYOrl; on tax reform which began a little over a year ago with the Treasury's tax reform proposal.

Our original mandate was to simplifv the tax code, eliminate loopholes, reduce rates, and ensure thst all indivilluals and corporations pay their fair share of taxes.

With some exceptions, the legislation drafted by the Ways and Means Committee carries out these principles. Tax rates for most individuals will be lowered. In addition, the personal exemption for all taxpayers, will be increased above the present $1,040. Those who itemize will gain a personal exemption of $1,500 and those who take the standard deduction, and who tend to ha~·e lower incomes, will have a personal ex!!mption of $2,000.

There is also a stronger minimum tax to ensure that no individuals or co;porations are able to avoi<l paying taxes. The most unfair aspect of our present in~ome tax system is that hardworking individuals are subject to tax withholding fl'Om their sC!Iaries while some corporations with profits in the hunllreds of millions of dollars are able to obtain huge tax refunds. Time after time I have heard from my constituents that they resent having to pay more in taxes than individuals or corporations with substantially higher incomes, who are better able to pay.

The deductions for State and local taxes, charitable contributions, and mortgage interest are preserved, and employee fringe benefits will remain free from taxation. I had notified both Chairman ROSTENKOWSKI and the administration that I would not accept any tax legislation that remm·ed these tax benefits for individuals. hi my view, the deduction for State and local taxes is essential both to pre~·ent double taxation of individuals and to avoid penalizing States which have reduced their reliance on Federal funding of edu-cation and social services. I also feel that it would be most inequitable to tax individuals on einployment benefits such as health and life insurance, which sene essential economic and social purposes. If these benefits were made subject to taxation, many employers would no longer offer group insurane.e plans, and families would then be faced wi!h a choice between pa)'ing fur much more exper.sive individual policies or going without a.1equate insurance.

The biH is not perfl'cl, and there were changes I would like to have had consid(>red. In my view. the lh~~sholds for the ap-

plication of the bill's higher tax rates were set too low, and I feel that they should be increased to ensure that middle income families wiil not pay more than they do under the present system. As the ranking Republican m:cmber of the House Select Committee on Aging, I would have favored less severe restrictions on contributions to pension, annuity, .and retirement savings plans, since I feel that we should encourage more retirement planning. Taxpayers who take advantage of the personal deductions that are preserved under this bill should not be penalized, and I therefore favor the fuil $2,000 personal exemption for ail taxpayers, whether or not they itemize their deductions. In addition, more generous provisions should be made for business investment, in order to prevent an economic slowdown and the loss of jobs. I am hopeful that these changes will be considered as work on tax reform continues to the Senate.

Nevertheless, we cannot fail to take advantage of this historic opportunity to inject more faimess into our tax system. I therefore support the Ways and Means Committee's bill with the hope and expectation that it will be further improved in the Senate.

TAX REFORM ACT OF 1985 SPEECH OF

HON. PETER H. KOSTMA YER OF PENNSYLVANIA

IN THE HOUSE OF REPRESENTATIVES

Tuesday, December 17, 1985 The House in Committee of the Whole House on the State of the Union had under consideration the bill <H.R. 3333) to reform the Internal Revenue laws of the United States.

Mr. KOSTMA YER. Mr. Chairman, I rise today in support of H.R. 3838, the Tax Reform Act of 1985, as reported by the House Ways and !\'leans Committee. This legislation, the result of several months of active and intense deliberation, reduces individual and corporate tax rates, broadens the tax base, and eliminates the more egregious loopholes and shelters in the present Tax Code. It is the most sweeping tax-overhaul bill in 4() years, and a major victory for the average American taxpay-er.

I support H.R. 3838 for several reasons.

First, the committee bill provides substantial tax relief for midllle-income American families. It Jowers the average income tax burden of households with incomes between $20,000 and $30,000 by 10 percent, and the average income tax burden of households with incomes between $30,000 and $~0.000 by about 9 percent. By contrast. the administration's tax reform plan would reduce the tax bill of households in ·the $30,000 to $40,000 intome range by only 6.6

p~rcent.

The committee bill also retains the exdusions that are most important to middleincome families. It retains the tax-ex<>mpt status of employe:r-pro,·ided fringe benefits. rejecting· the administration's proposed taxing of the first $300 per family of employer-prodded health benefits. It retains, in <·ontras! to the administration's tux plan.

December 20, 1985

the deductabilitv of State and local taxes.

And it retains, ~gain in contrast to the administration's plan, the tax-deferred status of 401k retirement plans; 40lk plans are preserved, although with some modifica· tions in the contribution limits.

Second, the committee bill provides substantial tax relief to the working poor. By increasing and indexing for inflation the standard deduciion, the personal exemption, and the earned income tax credit [EITC], Federal income taxes would be eliminated for about 5.5 million working families near the projeded poverty line of $12,000 for a· family of four in 1987. As a result, under the committee bill, no married couple with two children would pay income taxes on income under $14,-1i5 in 1987. Under current law, this family would begin to pay taxes when their income reached $9,739 in 198i.

This reform has been urgently needed be· cause of the dramatic rise in the tax burden of the working poor since 1979.

Census Bu•eau data show that in the 4 years from 19i9 to 1983-the latest year for which census has issued this data-the aggregate amount of Federal income taxe~ paid by households below the poYe!'ty line tripled, even after adjusting for inflation.

The Census Bureau data also show that during the 1979 to 1983 period. the numh.er of households bdow the povcrt)' line who had to pay Federal income taxes more than tripled. It makes little sense for the Federal Government to tax away an increasing share of income from those working poor families who. by the Gonmment's own definition, do not have enough income with which to live.

Third, under the wmmittee bill, wea:thy individuals will no );niger be able to use tax shelters to circumvent their tax responsibilities. The committee bill does cut the top rate from 50 to 38 percent for married couples filing jointly with taxable incomes greater than $100,000. But, the bill'~ cra.::kdown on tax sh~ltei'S. including a tough 25pcrcent minimum tax on uppe.r-income shelter users, will put those upper-income indh·iduals who have been able to avoid paying taxes back on the tax rolls. where they belong.

The committee bill also would greatlv reduce the enormous tax breaks the admi~­ istration's tax plan would provide for households making more than $200,000 a 'year. Under the administration's plan, nearly one-third-31.4 percent-of all individual tax cuts would go to those with incomes over $200,!}00, even though these households constitute fewer than 1 percent of all taxpayers. The committee's bill cuts in half this tax break to the over-$200.000 group.

Finally, the committee bill wuuld shift some of the tax burden baclt from individuals to corporations. The hill would reverse the dramatic dedine in corporate tax p:..ym~:nts that occurred during President Reagan's first term. increasing the <corporaie share of Federal revenues from 8.5 percen~ in 198r. to an estimated 13 pcn·ent in 1990.

Twenty years ago. in 1965, th2 corporate share was nearly 25 percent. Also, by insti· tuting a 25-percent minimum !ax, along with other chang:"s, the co;r-rnil!i:e's bill en·

December 20, 1985

CONGRESSIONAl RECORD- Extei/siom 'of Reniarks'

E'5827'

sures that large profitable corporations will of the Kennedy Space Center, so he has the effects of gravity. enabling them to debe paying taxes. Too many profitable cor- spent much of his life in the shadow of the termine other important factors in the deptorations have been able to escape any tax launching pad. terioration of blood. A total of 42 tests will The space shuttle is destined for a 5-dav be done on the blood samples immediately liability under (\Ur curr~nt system.

The committ~e tax reform bill, Mr. Chair- mission during which BILL NELSON will after the Columbia lands. man, is net perfect. I am disappointed that participate in a total of 12 experi~r;<mts, I know my colleagues in the House join some unique in the history of the American me in wishing BILL NELSON and his fellow lh~ provision whkh eliminates the current tax exemption for the initial portion of Space Program. astronauts a successful and safe flight on Fir:-:t, BlLL will attempt to grow protein the space shuttle Columbia.

Federal em;Jloyee pensions which refleets the employee's contribution to his or her ctystals in space for the Cancer Research retirement fund was not stricken from the Program at the University of Alabama at committee's bill. I bdieve this provision is Birmingham. Protein crystallography is an CONGRESSMAN GILMAN INTRODUCES LEGISLATION TO IMunfair to Fed~ral retirees, and undermines important technique in determining protein PROVE HOME HEALTH CARE the ability of the Federal Government to structure and function, knowledge which FOR OUR ELDERLY VETERANS attract and retain qualified personnel. I am may enable scientists to understand the also concerned that the committee bill's causes of molecular malfunctioning which provision which eliminates the investment can lead to cancer and other diseases.

HON. BENJAMIN A. GILMAN tax credit may adversely affect capital-in- Growing crystals in a gravity-free enl'ironOF NEW YORK tensive industries. such as steel and coal. ment should produce larger crystals with IN THE HOUSE OF REPRESENTATIVES But, overali, the committee's bill is much fewer imperfections, characteristics that Thursday, December 19, 1985 fairer and equitable than current tax law. I are helpful to researchers using x-ray difhope these two issues will be dealt with by fraction equipment. BILL will be expanding !Hr. GILMAN. !\Ir. Speaker, as our poputhe Senate. To some rlegre2 they are offset on techniques developed during earlier mis- lation ages, we, as a Congress, and as a sions as he attempts to grow 40 protein l!y lower rates both for corporations and crystals that can survive reentry and land- nation, will have to find ways to improve indi1·iduals. the delivery of health care. One health care Much has !Jecn made of the American ing.

In another experiment, which has ne,•er option that has become increasingly attractaxpayers lack of interest in the various tax tive over the past few years has been home reform proposals that reduce individual tax been performed by the American Space health care. In that regard, I have recentlv Program, BILL will be given a medical rates. I believe this misses the basis of popjoined my colleagues in the Senate, Sen~­ ular SUJ!port for tax reform. Resentment stress test in space. He will be wired to sen- tors HEINZ and SPECTER, in introducing does not arise from the idea of paying sors on his chest for an EKG reading legislation, H.R. 3927, the Elderly Veterans taxes: The American people ha1'e always which will be sent to Houston via a data Care Act, to insure that our veterans will demonstrated a willingness to pay their fair link on the TDRSS satellite. BILL will in- be able to receive health care in their share of !axes in the nationa! interest. In- crease his heart rate to 70 percent of its homes. maximum rate by running on a treadmill ~tead, resentment arises from the awareH.R. 3927 will allow our older, chronicalness that while they pay their income taxes, aboard the shuttle. Medical researchers ly ill veterans to take a credit against their many high-income families and large prof- have already observe that space flight taxes for the expenses they and their famiitable corporations pay little or no income causes oc<'.asional abnornal heartbeats lies incur in proYiding home-based health during both rest and the exertion of spac2 tax at all. The committee bill is an imporcare. My legislation covers respite care, walking.

They hope to determine reasons tant step toward a system in which all tax·for this phenomenon by monitoring NEL- nursing care, adult day care, home health payers pay their fair share. aides, and medical or health related equipStill Mr. Chairman, the Congress must do SON'S heart. BILL was instrumental in dement and supplies. Similar to the dependa ~;-reat deal more in the area of tax reform. veloping this experiment after a recent trip ent care tax credit as mandated under the When the 2d session of the 99th Congress to the Space Medicine Institute in Moscow Economic Recovery Act of 1981, credit muvenes, we will be in the midst of deter- where he learned that the So,•iet cosmoamounts under H.R. 3927 are determined mining the spending cuts and/or revenue nauts presently in orbit tak!' a stress test by a sliding scale based on annual income. increases which may be mandated by every 10 days to monitor their heart cnndiIn accordance with this formula, the famiCramm-Hudman. In the 1984 elections, I tion.

In another first experiment, BILL will lies most in need receive the greatest relief opposed increasing individual income and home health ·care becomes more equaltaxes-and I continue to be opposed. How- monitor his blood pressure during space ly accessible. flight.

To do this, he will listen to his juguever, billions of dollars still escape Federal Under H.R. 3927, families with $10,000 or taxaticm beciiuse of the many unjustifiable lar vein blood flows with a listening Dopploopholes which persist. The closing of ler device and will interrupt blood flow by less in income receive a credit for 30 perthose lnupholes could brin!! in additional blowing into a pressure gauge. Using this cent of their home-health care expenses, up revenues. thus reducing s~bstantially the t~:chnique, researchers · have been able to to a maximum of $1,050. The maximum amount of the credit is gradually reduced spending cuts and revenue increases that measure the central venous pressure.

Our colleague will also participate in a for families with income in excess of Congress must inevitably consider.

I urge my colleagues to support the com- number of experiments to monitor the $10,000. Families with adjusted gross human physiological response to zero grav- income of over $50,000 are not eligible for mittee tax reform bill. ity. In one experiment, NELSON will meas- a credit under my bill. Low-income families ure the circumference of his legs to deter- who do not pay enough taxes to reap the BILL NELSON'S SPACE SHUTTLE mine the microgravity effect which causes full bene_fit of the credit, would have any bodily fluids to move out of the legs and unused credit refunded directly to them. :Mr. Speaker, numerous studies have into the upper torso. NELSON will also be HON. DON BONKER monitored to determine how quickly he ad- shown us that home health care is not only OF WASHINGTON justs to and recovers froni a lack of bodily cost-effective, but patients receiving care in IN THE HOUSE OF REPRESENTATIVES signals which are dependent on gravity and their homes are happier and in that regard, Ttwrsday, December 19, 1985 give us our sense of vertical and horizontal healthier. As we see our veterans' hospitals Mr. HONKER. 1\Ir. Speaker, on January planes. . and other health facilities strain under this -l, 1986, our colleague, Representative BILL Finally, BILL will monitor an experiment Nation's increasing health care needs, it is NELSON of Florida, will be orbiting our designed to find an explanation for the important that we continue to explore and planet on the space shuttle Columbia. He is rapid deterioration of human blood. Dete- utilize viable options for providing these uniquely qualified to be the first House rioration of blood is thought to be caused sc:>rvices. Hy providing our veterans a tax Member astronaut because of his pOsition by numerous factors including cell damage credit for home health care, these deserving as chairman of the Subcommittee on Space from the Earth's gravitational pull which individuals who so bravely served our Science and Applications. Appropriately brings heavier elements of the blood to the country will be able to choose the type of enough. BILL NELSON also represents Flor- bottom of blood storage bags. By putting health care service which best suits their ida's lith Congressional District, location blood in space. researchers can eliminate particular needs.

E 5828

CONGRESSIONAL RECORD..:.... ExieilSioiJs of Re11ia1-ks

Accordingly, I urge my colleagues to join tures made by all of such individuals during in sponsoring this important health care such calendar year. '·(c) DEFINITIONS AND SEPCIAL RULES.-For initiative. Foilowing is a copy of the Elderpurpo:;es of this sec.tionly Veterans Care Act which I commend to "(1) QUALIFYING VETERAN.-The term my colleagues attention: 'qualifying veteran' means any indiridual H.R. 3927 <other than the spouse of the taxpayer) Be it enacted by the Senate and· House of who''!A) is a veteran within the meaning of Representatives of the United States of section 101(2) of title 38. United States America in Congress assembled, Code, SECTION I. SHORT TITLF.. ''!B) is reiated to the taxpayt:r by blood or This Act may be cited as the "Elderly Vetmarriage, erans Care Act of 1985". ''!CJ is at least 65 years of age, and SEC. 2. CREDIT FOR CARE OF ELDERLY VETERA:'IS. "!D) has a family income of $15,0()0 or less (a) IN GE:NERAL.-Subpart c of part rv of for tbe taxable year. subchapter A of chapter 1 of the Internal "(2) FAMILY INCOME.-The term 'family Revenue Code of 1954 <relating to rEfund- income'able credits allowable against tax) is amend"!A) in the case of an individual who is ed by inserting after section 34 the follow- not married, the adjusted gross income of ing new section: such individual; and "SEC. 3-!A. EXPENSES FOR CAR}; OF ELDE!:LY VET"!B) in the case of a married individual, ERAN. the adjusted gross income of such individual "(a) ALLOWANCE OF CREDIT.and his spouse~ "(1) IN GENERAL.-In the case of an individ"(3) QUALIFIED ELDERLY CARE EXPENSES.ual, there shall be allowed as a credit The term 'qualified elderly care expenses· against the tax imposed by this chapter for means payments by the taxpayer ior home the taxable year an amount equal to the ap- health agency services (but only If provided plicable percentage of qualified elderly care by an organization certified by the Health expenses paid by such individual for the Care Financing Administration), homemakcare of a qualifying veteran during the tax- er services, adult day care. respite care, or able year. health-care equipment and supplies which"(2) APPLICABLE PERCENTAGE DEFINED.-For "!A) are provided to such qualifying veterpurposes of paragraph <1), the term 'appli- an, "(B) are provided by an organization or incable percentage' means 30 percent reduced !but not below 20 percent) by 1 percentage dividual not related to the taxpayer or to point for each $2,000 <or fraction thereof) the qualifying veteran. and "(C) are not compensated for bY insurance by which the adjusted gross income of the taxpayer !E.nd the spouse of the taxpayer in or otherwise. "(4) APPLIC.niON WITH OTHER CREDITS.the case of a married individual filing a separate retun1) for the taxable year exceeds Notwithstanding any provision of this part. the amount of the credit allowable under $10.000. subsection (a) shall be allowed as a credit "(b) LIMITATIONS.-For purposes Of this against the tax imposed by this chapter section"(1) LIMIT ON INCOME OF TAXPAYER.-NO before any other credit allowed by this part. "(d) DENIAL 0~' DOUBLE BENEFIT.-No decredit shall be allowable under subsection (a) for a taxpayer with an adjusted gross duction or cr-edit shall be allowed under any income of $50,000 or more for the taxable other provision of this chapter with respect year <$25,000 or more in the case of a mar- to any amount for which a credit is allowed under subsection (a).". ried individual filing a separate retuml. (b) CONFORMING AMENDMENTS."(2) DOLLh'R LIMITATIONS ON AMOUNT 0}' ( 1) The table of sections for subpart C of CREDIT."(A) MAXI!dUM QUALIFIED ELDERLY CARE EX- part IV of subchapter A of chapter 1 of such PENSES TAKEN INTO ACCOUNT.-The amOU.!1t of . Code is amended by inserting after the item qualified elderly care expenses taken into relating to section 34 the following new account under subsection (a) by any taxpay- item: er for any taxable year shall not exceed "Sec 34A. Expenses for care of elderly veter$7.000 and not more than $3,500 of qualified an.". elderly care expenses may be taken into ac!2) Paragraph (4) of section 6201Ca) of count with respect to any qualifying veter- such Code <relating to assessment authoran. ity) is amended"(B) SPECIAL RULES FOR MARRIED INDIVID<Al by striking out "or section 32 (relating UALS FILING SEPARATE RETURNS.-In the case to earned i11comel" and inserting in lieu of a married individual filing a separate thereof ", section 32 <relating to earned return, paragraph (1) shall be. applied by income), or section 34A <relating to exsubstituting '$3,500' for '$7,000' and '$1,750' penseB for care of elderly veteran)", and for '$3,500'. <Bl by striking out the heading and insert"(C) 2 OR l~ORE iNDIVIDUALS MAKING EX· ing in lieu ther.eof the following: PENDITUllES WITH RESPECT TO SAME QUALIFY"(4) OVERSTATEMENT OF CERTAIN CREDITS.ING VETERAN.-If 2 or more individuals have qualified elderly care expenses with respect !3) Section 6513 of such Code <relating to to any qualifying veteran during any calen- time return deemed filed and tax considered dar year. thenpaid) is amended by adding at the end "(i) the amount of the qlialified elderly thereof the following new subsection: care expenses taken LTJto account with re"(f) TiME TAX Is CONSIDERED PAID FOil ELspect to such qualifying n~teran shaU be de- DERLY VE'TERAN CARE CREDIT.-For pUrposes termined by t:reating all of such individuals of section 6511. the taxpayer shall be co;:J.a-~ one taxpayer whose taxable year is such sidered as paying an amount of tax on the calendar year. and · last day prescribed by law for payment of "<ii) the amount of su~h expenditures the tax !determined without regard to any takea into account by each of such individ- extenBion of time and without regard to any u<~ls for the taxable year in which such calelection to pay the tax in installments> end:u year ends shall be equal to the equal to so much of the credit allowed by amount which bears the same ratio to the section 34A <relating to expenses for care of · amolint determined under subparagraph <Al elderly veteran) as is treated under section as the amount of such expenditures made 64.01CbJ as an overpayment oi tax_"_ by such individual during sach calendar !4) Subsection tdl of section 6611 of such year bears to the aggregate of such expendi- Code is amended bY striking olit the head-

December 20, 1985

ing and inserting in lieu thereof the following: "(d) ADVANCE PAYMENT OF TAX, PAYMENT OF ESIIMA!'ED TAX, CREDIT FOR INCOME TAX WITHHOLDING, AND EXPENSES FOR CARE OF ELDERLY VETERAN.-".

SEC. 3. EFFECTl\'E DATE: REPORTS.

(a) EFFECTIVE DATE.-The amendments made by this Act shall apply to taxable years beginning aft,~r December 31, 1934. (b) REPORTS.(1) IN GENEl't.~L.--The Secretary of the Treasury shall pr;opare a report for taxable years end\ng In 1985 <and each of the 4 calendar years thereafter) which states( A) the number of individuals who were allowed a credit under section 34A of the Internal Rev~nue Code of 1954 for taxable years ending during slich calendar year, <Bl the utilization of such credit by income group for such calendar year. !C) the utilization of such credit by category of qualified elderly care expenses (as defined in paragraph (3) of subsection (C) of section 34A of such Code) during such calendar year, and· !D) the total effect en the revenues of the United States of allowing such credit during such calendar year.

(2) TIME FOR FILING.-Any report required under paragraph <1) shall be submitted to the Congress no later than September 15 of the calendar year following the calendar year for which it is required. ·

H.R. 2466

HON. MIKE LOWRY OF

.

WASHINGTON

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. LOWRY of Washington. Mr. Speaker, I rise in support of H.R. 2466. H.R. 2466 makes a variety of changes in laws administ~red by or affecting the Coast Gua!'d which includes the following: First, extends for 5 years the current exemption for the Delta Queen riverboat; Second, waives perEonnel ceilings at the Coast Guard Yard in Maryland and the Aircraft Repair and Supply Center in North Carolina This waiver will increase the Coast Guard's flexibility in det~rmining the most efficient use of its per5onnel and repair facilities; Third, permits the Coast Guard to malic improvements to a State-owned pier in New Bedford, MA, for the purpose of preparing to receive newly-constructed medium endurance cutters that will be based there~ Fourth. creates an Offshore Vessel Safety Advisory Committee to study the adequacy of existing safety and health regulations; Fifth, permits the Coast Guard to enter into a contract with a m'unidpal eledrical utility in Alaska; Sixth, pruhibits the Coast Guard frum contracting out certain aids to navigation work on the New Jersey Intracoastal Waterway: Seventh. issues certificates of documentation to several vessels; and Eighth, mudifies a condition for the conversion for two obsolete ve!Saels.

I am very pleased that the provision that modifies a condition foi: conversion of two obsc!ete vessels is included. This provision is identical to H.R. 3978 which I introduced. One of these vessels, the Arctic

December 20, 1985

CONGRESSIONAL RECORD- Extensions of Remarks

Storm, is owned by ProFish International, Inc. of Seattle. The owners of this vessel plan to convert this vessel into the first U.S.-flag surimi factory trawler.

The Japanese are already heavily involved in surimi development"in the North Pacific. Time is running out for getting the U.S. fishing industry into surimi production in the North Pacific. A U.S. operator needs to take the first step to prove once and for a!l that U.S. operators can successfully produce surimi on the high seas.

Bceaust! of the perceived financial risk of surimi production, favorable financing for conversion work done in a U.S. yard is not available at this time. However, if the conversion work is done in a foreign yard, with foreign financing and lower conversion costs, the project becomes possible.

Enactment of this legislation will allow the U.S. fishing industry to enter the surimi business, and capture a share of a rapidly growing market for surimi-based products.

Some may argue that because the conversion work is not being done in a U.S. yard, jobs are lost. I believe just the opposite. If the conversion work cannot be done in a foreign yard. the work won't be done, so no jobs will be lost. However, if the vessel is •:otwerted, a million dollars worth of annual maintenance wiil have to be done in U.S. yards. But more importantly, this venture would prodde a prototype to demonstrate that the United States can compete in the processing of surimi which would mal•e available financing for other participants in the future. Because this vessel will prove that the United States ran operate a vessel engaged in the production of surimi, from 15 to 20 surimi nssels could be built or converted in U.S. shipyards. In addition, each surimi vessel will provide 150 jobs in the fishing industry.

There is no cost to the taxpayer of this provision. U.S. taxpayers will only benefit.

This provision will create jobs and allow the United States to compete more effictively with the Japanese surimi industry and will enable the U.S. fishing industry to more fully utilize the ''ast quantities of pollock fisheries resources which are available in the North Pacific and form which highquality surimi can be produced. I am concernd that if this provision was not included, the Japanese would gain complete control of the surimi market and that at some time in the future we would be asked to pass protectionist meast!res to enable the united States industry to compete with the .Japancst>. It makes sense to let U.S. fishermen and shipyards get in on the ground lloot· so we can comp· etc with the Japanese n~)" and in the future.

together to address some of the key issues affecting the management or our Federal rangelands in the West.

As the chairmen of tht! committees and subcommittees responsible for these issues in the House and Senate, we realized that two important legislative authorities affecting the management of the public rangelands were going to expire at the end of 1985. We agreed that this represented an important opportunity to work together to build a consensus for rangeland legislation amongst the many parties interested in and affected by these issues, by appealing to everyone's shared interest in improving the productivity of the Federal rangelands.

To that end, we asked the Congressional Research Service to convene a conference of all the parties interested in the public rangelands-ranchers, wildlife groups, wild horse protection interests, environmental protection advocates, the U.S. Forest Service and Bureau of Land Management, and many others. And through that process we came up with an outline of a package that would go a long way toward addressing the major concerns of all of those groups, to the benefit of all.

That package would provide for: Increasing public participation in the management of Federal rangelands, by requiring the Bureau of Land Management to proceed with an open planning process-as provided for under the Federal Land Policy and Management Act-in a timely manner, and by restructuring the advisory boards and councils on Federal rangelands to insure representation of all interests; A positive program to improve the range condition of riparian areas on public lands, including use of a portion of the grazing fee to fund that prog:t·am; and An agreement to continue the existing grazing fee formula, and to increase the amount of that fee to be returned to the agencies for on-the-ground range improvements.

When we got down to trying to transfer this outline to legislation, we found that it was not an easy task. Every time we tried to put our aims into legislative language, we found it under assault from all sides.

Neither the environmental community nor the ranching community was able to put. aside their fear that our intent was not to build consensus. but to take advant-age of one group for the benefit of another.

Representatives of the environmental community were critical of the conditional agreement to keep the present fee formula.

There is a- large body of evidence showing that the present formula sells grazing on Federal lands for far less than its market value. The conservationists believe that this THE IMPASSE ON GRAZING ON provides economic disincentives to good THE PUBLIC LANDS land management. But we believed that, in exchange for improvements in environmental policy, compromise on the fee issue was HON. JOHN F. SEIBERLING reasonable.

OF OHIO My response to my friends in the envilN THE HOUSE OF REPRESENTATIVES ronmental movement who told us that no Thursday, December 19, 1985 bill was preferable to one that did not raise Mr. SEIBERLING. Mr. Speaker, last year the grazing fee was that I believe that it is I. along with my distinguished colleag-ue far more important to protect the basic re· and friend 1Ho UDAL, and Senators MAL- sources of the public lands, and to improve COLi\! WALLOP of Wyoming and JAMES their overall productivity, than it is to raise MCCLURE of Idaho, decided to try to work the fee-because no fee, no matter how

E 5829

high, could adequately compensate the Nation for lost productivity of public lands.

On the other hand, what I thought were reasonable and moderate proposals to improve our environmental policy on rangeland management, met with similar resistance from repre8entatives of the ranchers who graze their livestock on public lands.

These proposals were to sets high goals for a riparian improvement program, and to require that the Secretaries of Agriculture and Interior manage grazing on public lands in strict compliance with the principles of multiple-use and sustained yield.

Riparian areas are not only ·critical for western wildlife and fisheries-they are also the areas of the public rangelands that are most capable of increasing their productivity under good management. Not all of that improvement would go to livestock and the rancher. It will be shared, by all the users, and uses, of the public lands. But the rancher-as the person who lives adjacent to these lands, and whose livelihoo~ depends on them, will unquestianably be the biggest beneficiary from improvements in the pmductivity and ecological health of the public lands.

Many public lands ranchers are in economic trouble. I firmly believe that the only hope for the long-term survival of public lands ranching lies in improving the productivity of the public lands. And the only way to achieve such a program, in this era of budget deficits and program cutbacks, is to build a coalition of all those who have a stake in improving the condition of the puh!ic rangelands.

I believe that acceptance by the ranching community of the strict application of the principles of multiple-use and sustained yield to public lands grazing, as well as to all other users and uses of the public lands, would be a key to the construction of such a coalition.

In the end, after more than a year of effort, a consensus was not achieved. I continue to believe that the proposals which evolved from this long process are something both ranchers and conservationists can live with. The ranchers would get the extension of a grazing fee formula that is highly favorable to them, and the continuation of the grazing advisory boards, ·through which ranchers exert considerable influence over Federal range management.

The conservationists would get a new commitment of the Federal range managing agencies to act to impro\'e the ecological condition of the public rangelands, particularly riparian lands. Both groups wauld share in the increased productivity of pubiic lands.

I would like to encourage both these groups to look at those proposals in the new year, and consider whether they aren't reasonable, and in their respective interests. If they do find them so, or if they found some other package on which they could agree, I would be happy to help get range legislation moving forward again.

E5830

UNEMPLOYED VIETNAM ERA VETERANS NEED THE EMERGENCY VETERANS' JOB TRAINING ACT

WATCH ON SURINAME

HON. THOMAS A. DASCHLE

IN THE HOUSE OF REPRESENTATIVES

OF SOU'!H DAKOTA

IN THE HOUSE OF' REPRESENTATIVE:S

Thursday, Decerr..ber 19. 1985 Mr. DASCHLE. Mr. Speaker, on May 20, 1985. the House passed H.R 1408. the Veterans' Employm~nt Amen:lm'.'nts of 1985, by unanim!'US vvice ;·ote. This bi!l wol!ld extl:'nd and impron~ tile Emergency Yeterans' JGt Training Act (Pubiic Law 98-77) and pwvirle 575 million iil apjl'mpriat.iuns for fiscal year 1986. Although the other bodv did not eet on H.R 1408, I am pleased thai similar legislaticn has finally received the S'Gi!port of both Houses ami til!e II of H.R. 1538 will give new life to this important program for unemployed veterans.

The goal of EVJTA is to address the problem of seve1·e and coiltinuing v.memployment among certain groups of veterans by providing payments to defray the cost of training to empl'(lyers who hire and train long-term unemph>yed veterans. Sin.:e the prcgram's inception, nearly S00,0\10 Vietnam era and Iiorean conflict veterans have been certified to partidpate; over 37,0\lO have gmte to work under the program; and over 53,000 employers have been appmved for participation.

On June 7, 1985, the Veterans' Administration submitted an extensive report regarding EVJTA, in accordance with Senate Report 98-275, which called for an evaluation of the program. The evaluation, which was conducted under contract by Centaur Associates, Inc., had high praise for virtually every aspect of EVJTA. Clearly, this program has been effective and is accomplishing its goal of reestablishing long-term unemployed veterans in our Nation's workforce.

Mr. Speaker, I am disappointed that the other body would not accept certain provisions approved by the House in H.R. 1408.

This House-pasaed bill would have pro,·ided an authorization of $75 million for EVJ'I'A and would have reduced the unemployment critel'ia for participation in the program from 15 to 5 weeks unemployment. Additionally, H.R. 1408 wouid have made significant improvements to the Veterans Readjustment Appointment [VRA] program. · We on the Veterans' Affairs Committee are proud of the Emergency Veterans' Job Training Act, which originated in our committee in 1983. The House has consistently demonstrated its cGmmitment to assist unem~loyed ''eterans and pas;;ed li'gHation reported by our committee to extend and imiJrove this job training progTarn. The Sui.committee on Education, Training and Employment has held sHen hea:-ings. in Wa~hington and in the field, to monltor the implementation and effec!:vem~ss of E\'JTA. It is a good, cost-effective program that desenes to be eKtendcd and adequately funded. The measure before us today. despite the shortcomings I have already menlione<;, wiil continue this valuable program :md a~sist thousands of unemployed vderlllis in their efforts to find meaning-ful em-

• pio~)~'lllCilt.

December :20. 1985

CONGRESSIONAL RECORD- Extemiom of Rem:n·ks

HON. JIM COURTER Oi' NEW JERSEY

ThuTsday, December 19, 1985 Mr. COURTER. l'I'Ir. Speaker, Libya is an Africa11 countn of modest -.ize and only 3 million peopie,'i:;ut its reigning dictator has used oii money surpluses and Soviet bloc supiJort to build international networks of global proportions. Sponsorship of international terrorists an.:! the provision of military tmining to citizeils and armie~ of the third world a~e Colonel Q2rlhafi's two spedalties.

The Colonel m~y now be reaching anoss the Atlantic into ihe small coastal count!'y of Suril:mme, according reports of recent months. 'fhe rt.igning dictator in former Dutch Guiana is a pro-Castro military officer like Qadhafi; his name b Lt. Col. Desi Bouterse. !n spite of continuing and generous Dutch 2ssistance ($100 million a year until 1990, according to Jack And<>rson) Bouterse is apparently incapabl" of carrying on without other aid, and has recently been promised $!00 million by Qadhafi.

According to Michael van Notte;~. a consultant to a Surinamese opposition party based in Holland, money is only part of a Libyan package for the governor of Suriname. He stat~s that there are 243 Libyans in the country, some of whom are training troops and others who may be training non-Si.!riname;;e g-uerrillas. The U.S. State Department is aware of H Surinamese training in Libya at present, though for unknuv.n purposes.

Whllt: these cha•·ges are extremely important, none of them is very surprising. We all recall the varied internationalist mix of Eastern Europeans, Cubans, Soviets, North Koreans, et cetera present in Grenada when that Caribbean country was ruled by Marxist-Leninlsts. Colonel Qadhafi has bt:en involved with radical movements and guerrilla and terrorist organizations in Central America, and om:t: praised the revolutionaries there "who are going to follow the Vietnamese and Nicaraguan precedents and destrov ·the bases of U.S. fascism." The President ~f Costa Rica has complained of both Liovan and PLO interference in his democratic C<'Untry. Qadhafi's relations with the Sandinistas are particularly warm, and have beell the subject of a State De· partment stud; of last Augu~t; they include weapons tran;:;fers to Nicaragua.

The receni reports about Suriname thus de~~n-e to be taken with gravity. Allow me to introduce intc todav's RECORD two articles detaiiing some of them in order that my colieagues will notice this quiet geopolitical change. The first is by the columnist Jack Anderson, as carried by the Washington Post. The second was an exclusive report by Vicki Rivera of the Washing-ton Times.

[From the Washington <DCJ Post. Dec. 2.

19851 SURI~li\ii<!E BE:COMINC A.'IOTHER CUBA

<By Jack Anderson and Dalt. Van At tal Suriname is developing into anoiher Cuba-style dictatorship in the Western Hemisphere. Marxist strongm::.n Desi Bouterse, desperate for cash to keep his repres-

sive regime aflo.at. has turned to two tainted sources of money: Libya's dictator and Colombia's drug dealers. But he's learning t!12.L there's no free lunch in foreign aieL When the Netherlands granted its Soul h American colony independence in 1975, the Dutch oromised $100 million 2 ,,ea.r ir; aiel until Hi9o. The ootipend continued e"r-n ?.ft,,r Bouterse's military coup in 19iHJ and his growing left ward tilt.

Bouterse cultivated and modeled himseif after Maurice Bishop. then the MP.rxist prime minister of Grenada. At Bi~hop·o, s•t5· gestion, Bouterse succumbed to Fidel Cs.s· tro·.s overtures anci welcomed a Cuban a!Tl~ bassador to Paramarito in September 1%2 Cuban aid soon fo!lowed, as did ti:'<e quid pro quo. Dm.ens ol Cubans arriif('!d in Su(lname to assist Bouterse in setting up a Man:ist dict.atorshio--whkh >1'2U!d be under Ca3tro's control. The Cubans trained Boutc:rse's bodyguards. and even ac<:ed in ttat capacity themselves. SurinamesE: officials were se::>t ta Cuba for indoctrination.

Both the Dutch and U.S. gover!1.m2r.ts <the United States was alw sendlr,g su~·in­ a..rne sorne rood.est aid> grew incl·easing.1y un;;asy at the blossoming Br·utcrse-C::..slrc relationship. In D<;cember 1902, wl1en Be.•~· terse rounded up and exe-cutPd 15 oppo.c,ition ler:ders, Dutch and Ameri•:an aid l\"8-" cut off.

Castro. himse!f dependent on Moscow gold to bolster the sh:lkY Cuban economv and his foreign adventures, prm·ed slow in providing the money he had promised Bouterse. So, according to our CIA sourc-es, the Surinamese dictator accepted the offer of a loan from Colombia marijuana and cocaine traffickers.

Meanwhile, Brazil, which borders Suriname on the south. woke un to the danger of this Castro foothold and sent a military force across the border in Aprll 1983. Literally under the gtm, Bouterse agreed to d•:crease the Cuban presence in his country in return Ior a $300 million aid deal with Brazil.

Bouterse dragged his feet on the bargain. until Bishop was deposed and murdered by Cuban-backed Grenadan Marxists. Blaming Castro for the death of his friend and mentor. and fearing for his own neck after the U.S.-led invasion of Grenada, Bouterse sent his Cuban advisers packing. Though he 11ad previously claimed that there were only 15 Cubans in Suriname, about 100 v;ere kicked out (]eaving only eight. according to our sources>.

This left Bouterse with nothing but his own poverty-stricken populace and the Brazilians to support his dictatorship, ·He needed more money, and gratefully accepted a promise of $100 million from Libyan dictator Muammar Qaddafi.

What does QaddaJi expect for hi:; n~oney?

Our sources say he hopes to expand his in· fluence in South America. He a.lsn 1.1ants Surinamese r-assports for Libyan ass::.ssination squads, and hopes to supply them to hi3 Palestinian terrorist sidekicks as well.

LF'rom the

Wa~hington

CDCl Times. Oct. 24.

19&5] LIBYA REPORTED

DRILLING

TEP.ROniSTS IN

SURIN,\ME

(By Vicki Riveral In return for the promise of $100 million in badly needed aid. Surinamese strongman Desi Bouterse is permitting Libya to train terrorists in his country to use against other Caribbean nations, according to a Dutch political analyst.

Vo'iih the cutoff of Dutch aid after the 1S82 .executio:1 of 15 prominent oppo<ition lenders and tlle f;dloff in revenues fror,~

December 20, 1985

CONGRESSIONAL RECORD- Extmsiom of Remarks

bauxite, the main export commodity of Suriname. Bouterse's regime is desperate for cash. said Michael van Notten, a consultant to the Council for the Liberation of Suriname. based in the Netherlands.

Mr. van Notten wa.s to accompany a delegation of Surinamese resista11ce leaders in exile on a visit to Washington, but the members of the delegation were apparently intimidated after seeing some of Mr. Bonterse's men in New York and decided to return to the Netherlands.

Mr. Bouterse, a former sergeant who took power in a 1980 coup, addressed the U.N. General Assembly in New York on Tuesday.

The agreement between Libya and Suriname was reached in February, Mr. van Notten said, and a Libyan's People's Bureau was set up in July. A total of 243 Libyans are now reported to be in Suriname, 30 of whom came from neighboring Guyana, where they were believed to have conducted training in subversive activities, a,.'l.d 50 from Chad.

However, the State Department said it had no information to verify what it characterized as "rumors'' of Libyan activities in Suriname.

"The Surina1nese government is well aware of our concern about the development of relations with Libya," a State De· partment official said. "We made a point of saying that we don't want to see Libya using Suriname as a base of operations. They appear to be taking our concerns into consideration."

"The Libyans had learned to speak the local language, so they obviously planned a long stay,'' Mr. van Notten said.

About 40 Libyans are training Surinamese troops at the main airport, and another 200 set up a military camp in the western part of the country where they are reported to be training non-Surinamese. he said.

"Most likely they are training rebels from [neighboring] French Guiana who are opposed to French rule. V'/e also assume they're in contact with the independence movement in Guadeloupe."

A number of terrorist bombings have oc· curred in Guadeloupe in the past ye11r.

The Libyans have establish~d ·contacts with sympathizers in Aruba a11d Curacao and are believed to be building up a. network that would use Aruba (an island off the Venezuelan coast) as a springboard from which to launch operations in Venezuela and Colombia, Mr. van Not ten said.

A TRIBUTE TO MARK EDWARD WINTER

HON. RICHARD C. SHELBY OF ALABAMA

IN THE HOUSE OF REPRESENTATIVES

ThuTsday, December 19, 1985 i\lr. SHELBY. Mr.Speaker, I would like to take this opportuntiy to congratulate i\Iark Winter on his recent appointment as vice president and dii·ector-national operations for Ste~·ard Title Guamnty Co., a title insurance underwriter headquartered in Houston, TX. For the last 9 years Mark . was the chief lobbyist of the American Land Title Association and through his efforts the title insurance industry's views l"nd positions were skillfully presented. (n addition to !\lark's lobbJ•ing responsi· bilities, he also edited the title insurance industry's newsletter, "Capital Comment."

My colleagues and I found the newsletter to be an insightful source for insuarnnce and housing legislative matters.

But, first and foremost, Mark is a government relations specialist-a person that can be counted on to provide a forthright assessment on legislative proposals. I understand that one of the responsibilities Mark will undertake in his new position will be to represent Stewart Title on Federal and State initiatives.

I wish Mark every success in his new position and look forward to his Capitol Hill visits.

THE NATIONAL BUREAU OF STANDARDS COMES IN FIRST IN THE NATION IN SIGNIFICANT NEW TECHNICAL PRODUCTS

HON. DOUG WALGREN OF PENNSYLVANIA

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. WALGREN. Mr. Speaker, One of the most important honors warded in the international scientific community is to be included in the list of E-R 100 awards, a list of the 100 most imporant technological developments of the preceding year selected

by Research and Development magazine.

This year, Research and Development magazine chose eight developments by the National Bureau of Standards for E-R 100 awards. These eight awards for work done by the National Bureau of Standards represents more than any other organization in the world, including the. largest Fortune 500 companies heavily involved in research like IBM and other major international research companies.

NBS's achievement is all the more remarkable in light *of the unfortunate budget cuts this agency has faced in recent years. When the 1986 NBS authorization bill came before the Rules Committee one member of that panel asked the rhetorical question: "If we cannot cut the National Bureau of Standards, what can we cut?"

These awards should prove that NBS is a world-class laboratory which we cannot afford to undermine. Instead. we should hope that sometime there wili be enough understanding of the critical role of the National Laboratories in keeping Ametican competitive that we will ask oursehes the question: "How can we afford not to support Laboratories like the National Bureau of Standards."

The following press release announcing these awards further explains the breadth of this unique laboratory's accomplishments.

FEDERAL LAB WINS HIGHEST NUMBER OF RESEARCH AWARDS IN COMPETITIO:< SPONSO!lED DY NATIONAL l'v1AGAZINE

Inventions in computer science. microelec· tronij:s, and automated manufacturing \\'ere among the eight entries of the Commerce Department's National Bureau of· Standard <NBSJ given I-R 100 awards todav in Chicago. Those eight awards represent the highest number given to any single participant in this year's competition.

I-R 100 awards are given annually by Research & Development magazine to honor the ·'100 most significant" new technical products of the preceding year. They are selected by a panel of technical experts from around the country.

E 5831

Description of the award-wirming projects follow.

TEST SYSTEM: LINKING COMPUTERS

In July 1984, 14 computer manufacturers and communications companies demonstrated for the first time how computers from different manufacturers could communicate using international networking standards. A test system developed by an NBS-led team helped make that demonstration possible.

The system, the first of its kind, is a set of complex software programs that allows vendors and users to self-test their computer systems to make sure they conform to international computer networking standards.

The winners of this I-R 100 award a.re Richard J. Linn, Jr .. Wayne McCoy, J. Stephen Nightingale, Daniel Rorrer, and Jeffrey Gura, all from the NBS Institute for Computer Sciences and Technology, and Thomas P. Blumer and John C. Burruss from Bolt, Beranek and Newman, Inc. AUTOMATED DEVICE FOR MEASURING COMMERCU.LLY IMPORTANT "THIN FILMS"

George A. Candela and Deane ChandlerHorowitz of the NBC Center for Electronics and Electrical Engineering were honored for developing a fully automated, high-accuracy device, known as an "ellipsometer.'' for measuring the optical properties of thin films on various materials. The device-built mainly from commercially available components-can determine the thickness and refraction index of thin films more accurately and with greater ease than previously possi· ble. This is important to industries such as semiconductor manufacturers which need accurate ellipsometers to produce quality products. The NBS instrument makes reli· able measurements of commercially important films in integrated circuits that are not accessible to existing equipment.

IMPROVED ELECTRON GUN

A team of NBS researchers earned an I-R 100 award for the development of a new type of electron gun-a device to procude beam of electrons-that is expected to ha\·e wide application in surface science, electron spectroscopy, and electron lithography, all areas of growing industrial importance. The new g;,m circumvents a power limit inherent in conventional devices, and has been tested to perform five times better than the closest competitive project.

The "high-current monochromatic electron gun·· was developed by Daniel T. Pierce. Robert J. Celotta, Charles S. Feigerle, and Alfred Seiler of the NBS Center for Radiation Research.

a

ELECTRICAL MEASURING DEVICE TO AID IN CHEMICAL MEASUREMENTS

Ronald W. Shideler, .an electronics engineer in the NBS Center for Ana!yticai Chemistry, received his award to inventing a device designed to measure extremely low levels of current through the computer-controlled data collection systems of mass spectrometers. These chemical measurement in· struments are used widely for medical. environmental. and industrial analyses. The NBS-developed electrometer is more sensi· tive than others and will help in performing highly precise and accurate mass spectrometric chemical analysis at low levels (parts per milJion or lower).

HIGE-PRECIS!ON ELECT I CAL CAPACITANCE DE'! ICE

Robert D. Cutkosky and Lai H. Lee of tht NBS Center for Basic Standards ea.rr.ed an 1-R 100 award for design of an. automated. high-precision "capacitance bridge." Capaei· tance bridges are used in laboratories around the world for calibrating standards of electrical capacitance. Their device is the first such fully automatic instrument capa.-

E 5832

CONGRESSIONAL RECORD- Extemiom of R~marks

de oi the prec!Slon and ?.ccuracy required b.'· standards laboratories. It operates at a b2.;ic accuracy 1,000 times better t.han that

of its closest competitor, something that is critical for those performing work in a wide range of electronics.

FASTER CALIBRATIONS WITH ELECTRlC,\L STANDARD

Physicist Raymond S. Turgel of the NBS Center for Electronics and Electrical Engineering received an I-R 100 award for his development of a standard for phase meters that improves the speed of calibrations ten times or more. This device is designed t.o ensure reliable measurements of pha.se in applications such a.s testing aircraft navigational instruments, tracking satellites. and checking the operation of electrical power lines. The technology developed for the invention forms the basis for further developments in precision waveform generation.

ERROR-COMPENSATION SYSTEM FOR COl\iPUTERIZED MACHINE TOOLS

As part of their study of measurement and control systems for automation, NBS researchers in the Center for Manufo.cturing Engineering developed a microcomputer-based error-compensation system for Eutomated m:;.chine tools that has earned an l-R 100 award.

Most computer numerical controlled <CNC) machine tools h<.ve software that automatically corrects for some positioning errors, but they are limited In several respects. The NBS system overcomes critical limitations in that process. The sy2tem has been tested on two different commercial machine tools demonstratL11g accuracy enhancements of eight to 10 times. It also makes it possible to eliminate the machinetool warm-up period-up to 10 hours of unproductive operation-that was previously required for precision machining.

The CNC machine tool error-compensation system was developed by Kang B. Lee, Thomas Charlton Jr., James R. Shaver, Ralph C. Veale, and Bruce R. Borchardt of NBS. Alkan Donmez and C. Richard Liu of Purdue University, and William Zinn of Hardinge Brothers.

ABSOLUTE RADIOMETRIC STANDARD

Fh:,-sicist Edward F. Zalewski of the NBS Center for Radiation Research, together v.·ith Richard Duda of United Detector T~c!mology, Inc., earned an 1-R 100 award f0r the de1•elopment of a visible light detector and measuring device with a 100 percent quantum efficiency. Such a device converts \\11 of the photons of light striking it into an ei'Octric current which can then be amplified and measured. The photodector greatly simplifies the task of making extremely accurate measurements of radlr,nt light. It is expected to have wide application in the lighting industry and in related fields such as photographic equipment, lasers. photocopying and lithography.

P. ANTHONY RIDDER

HON. NORMAN Y. MINETA OF Ci'.LIFORNIA

IN THE HOUSE OF REPRESENTATIVES

Tnursday, December 19, 1985 Mr. MINETA. Mr. Speaker. my collengue, Do~< EDWARDS, and I would like to ask you llnd our distinguished colleagues to join us in saluting P. Anthony Ridder, president and publisher of the San Jose Mercury News. Tony will be honored at a dinner on January 16, 1986, marking his departure from our newspaper in Santa Clara and AI-

December 20, 1985

to be erected in the "Armed Forces Memorial Xericape Park" at the Fort Brown Historical Site, just as you cross the Rio Grande Rivt:r at the Memorial Bridge. in Brownsville, TX. It is being funded not br the Government. but by donations from its local citizens.

I can think of no more appropriate time than this, based Ujwn the events of a weel• ago today when 248 U.S. Army soldiers of the 101st Airborne Division and other Fort Campbell units were killed in the crash of a charter.:d DC-8 aircraft, soon after takeoff from the Gander Newfoundland Airport. As you know, these soldiers were enroute to Fort Campbell and home, after completing 6 months of duty with the Multinational Force and Observers in the Sinai Peninsula, Egypt, to spend Christmas with their families and loved ones. Such is the nature of this memoi-ial to not only recognize the supreme sacrifice of our men and women in time of war, but to recognize the sacrifices of the living and the dead in time of peace as we!!. My heart and wishes of Cod's blessings go out to the families of these brave so.ldiers, of comrades fallen in wars and conflicts of the past, as well as the many living service personnel whose scars and suffering are not as visible.

Expressed in a letter I recently rl'ceived from Jose "Sparky" Esparza, historian for the group of volunteers embarked upon funding and having e!'eett:d this Armed Forces Memoria!, are these words: "Such a structure ... would not only be fitting for members who participated in our Armed Forces, but appropriate to those who sacrificed their valiant blood for the cause of iiberty. Thei:- devotion to the democratic ideals of America carved their courage on those parts of the world that requested our help. Soldiers may inwardly co!llplain, but never in the political arena of decisive discussions. They will obey the call, live for our flag. and if need be, die for our flag . . . Our system of government. despite varying opinions, is the most feasible structure in the preservation of justice, wellbeing and dignity. To a!l who trained, fought or died, there gently echoes the silent words of a great general, General .Douglas MacArthur, 'Always for them ...

Duty, Honor, ·country.' In such spirit we must not let patriotism become a shadow in the twilight of oblivion; nor, forget those who are active, were active, or are no longer there to answer roll-call. Soldiers are special . . . they are the guardians of our country, our freedom, and our live>.

Could we do less than honor them with a AN ARMED FORCES MEMORIAL memorial?"

The site for the ~emorial was approved HON. SOLOMON P. ORTIZ on October 15, 1985 by the Bmwnsville City OF TEXAS Council. The memorial itself will be pentaIN THE HOUSE OF REPRf~SE?lTATIVES gon shaped, approximately 5 feet high and Thursday, December 19, 1985 16 feet across with a base approximately 22 Mr. ORTIZ. 1\!r. Spe:1ker, I rise today to feet in diameter. The base, top, and each of c::;mmend ~>nd pay tribute to a group of pa- · the 5, 4 by 8 foot sides of the memm-ial. will be faeed in blue-grey granite. A seal trioti~ citizens from BrownsvH!e, TX. This group of citizens, from all walks of life. representing one of the five branches of the have seen fit to publicly recognize the past, Armed Services will be affixed to each side present, and future sacrifices of our men of the memorial and the flag of that branch and women in the armed sel'vices of this of service will be flown on a staff located great Nation of ours in the form of an on that service's side of the memoria!. The Armed Fon·es Memorial. The memorial is flag of the l'nited States of America will b<l'

ameda Counties, The San Jose Mercury News, to n.:w duties in MiamiIn 9 years as publisher of the San Jose Mercury News, Ton.v has distinguished himself as an exput administrator, concerned with balanced journalism, the integrity of the press, and an unrelenting commitment to the betterment of life in Santa Clara County. Under his leadership, daily readership increased from 200,000 to 260,000. His direction was inst.-umental in guiding the Mercury News into becoming a widely rcs~.:cted newspaper, known regionally and nationally for its tulanced news reperting. The Mercury News wi!l miss him.

The impact of Tony'_s departure can be ·ass~:ssed only in light of his numerous contributions to our community. Perhaps more than anyone else, Santa Clara County has turned to Tony Ridder for advice. guidance, and support for numerous civic and community projects. It was his determination that ignited support for the Technology Center for Silicon Valley, which in time will be a showplace for the Nation's high technology industry. His influence was instmment.al in advancing a wealth of worthy projects, ranging from the bolstering of the San Jose Museum of Art to the construction of the Guadalupe light rail corridor.

He is a membt:r of many boan!s and organizations-among them the Santa Clara County Manufacturing Croup, the California Chamber of Commerce, and Santa Clara University. He is an ardent supporter of education, and ·was closely involved with a pwg-.-am of corporate sponsorship in area schools. In short, Tony has set an excellent example of c01·porate responsibility within the community.

His generous devotion of time and resm.<rces to our area is a reflection of his own personality. Don and I have known Tony for many years, and we've always been impressed with his sincerity, his spirit, and his high regard for the people around him. We've also come to know Tony as a friend-a friend willing at ~ny tim.: to devoie hirr.self to the betterment of our community and our nation.

Mr. Speaker, on the occasion of the banquet honoring P. Anthony Ridder, he can be confident that our country is most grateful for his contributions and accomplishments. Therefore, Don and I ask you, Mr. Speaker, and our colleagues to join us in expressing our thanks anrl congratulations to Tony Ridder and to wish him continuing success.

December 20, 1985

CONGRESSIONAL RECORD~ Extem/on~ of Remarks

llown on a staff erected from th~ top center of the memorial.

I appreciate the efforts of all the people of Brownsville and some of the. following memorial committee members who have been instrumental in promoting this memorial, the unveiling of which is expected to occur on July 4, 1986: Jose "Sparky" Esparza; chairman Oliver Butler <COL USA Ret); secretary/treasurer, Jerry V. Ingle (SGT MAJ USMC Ret); Navy representative, Donnie R. Boykin (CPO USN Ret); Army representative, David L. Ervin (MAJ USA Ret); Air Force representative, John Cutney (LTC USAF Ret); and Coast Guard representative, Fred D. Mann (CPO USCG Ret).

Again, I commend the citizens of Brownsville who through their unselfish effm·ts have joined together to erect an Armed Forces Memorial honoring those who have served their country in the past, the present, and who will serve in the future. God bless each of you and each of the men and women who have, do, and will serve our country and the liberty for which we stand. God bless America.

KILDEE HONORS BISHOP ROGER LEE JONES OF FLINT, MI

HON. DALE E. KILDEE OF

MICHIGAN

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mt·. KILDEE. Mr. Speaker, today I would like to take a moment to recognize Bishop Roger Lee Jones of Flint, Ml, who has attained the highest position possible in the Chun:h of God in Chirst. On November 11, 1985, approximately 30,000 persons witnessed as he was consecrated bishop of the Third Ecclesiastical Jurisdiction of Southwestern Michigan during the Church's 78th Holy Convocation in Memphis, TN, by Presiding Bishop James 0. Patterson, Sr. His diocese headquarters is located in Lansing, Ml, and includes churches in Flint, Saginaw, Ann Arbor, Niles, Benton Harbor, Muskegon, Lansing, .Jackson, and South Haven.

Bishop Jones, the son of Donnie and Lena Jones. began his ministl'y at the age of 18 at the St. Paul Chruch of God in Christ in Rocky Mount, NC. Prior to being cailed to the ministry, he was a devoted lay church worker. During his teens he served the church in many capacities from junior deacon. who kept the church clean and the coal stove heated for a 500-member church, to junior sunday school superintendent.

He was ordained an elder in 1958 by the late Bishop Wyoming Wells in Southern Pines, NC. He conducted his first revival at Bishop Well's church in Greensboro, NC, prior to being ordained.

At the age of 22. the future Bishop Roger L. Jones, already a nationally known evangelist, began his leadership role in t.he national church. He was appointed youth leader for the International Youth Congress in 1959. In 1961, he was appointed national platform chairman of the International Youth Congress, a position he held until1965.

In November of 1963, the future Bishop .Jones came to Flint, Ml, where he became

the founder-pastor of the Greater Holy Temple Church of God in Christ.

Bishop Jones not only became a very successful local leader, but also a very prominent figure in the State and national church. In 1977, he was elected chairman of the board of trustees of the national church, a position to which he was again elected in 1980 and 1984. On the State level he served as cochairman of the finance committee, chairman of the expediting committee, and vice chairman of the State elders council. In 1980, the late Bishop John S. Bailey appointed him chairman of the elders council, and in 1982 to the board of administrative assistants.

In the Flint community Bishop Jones has served as past vice president of the Concerned Pastors for Social Action and as a member for the City Advisory Council for Project Followthrough. He is a member of the Greater.Fiint Couneil of Churches and has served as youth minister for the Flint Chapter of Teen Challenge.

Bishop Jones completed high school and Saints College in Lexington MS. He has also studied at Mott Community College, Baker Junior College, Detroit College of Business and the University of MichiganFlint. He and his wife, Margaret are the parents of three sons.

Dur!ng his 29 years as a minister, Bishop Jones, through God's guidance and with His abundant blessings, has grown from a young man delivering his trial sermon into an eloquent and articulate messenger for the Lord. We in the Flint area are better because of his guidance and proud to be associated with him.

REEXAMINATION OF CONSENT DECREE

HON.THOMASJ.TAUKE OF IOWA

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. TAUKE. Mr. Speaker, last Thursday, December 12, 1985, Commissioner Mimi Dawson of the Federal Communications Commission delivered the following speech to the Practising Law Institute. The speech sets forth st;ong arguments as to why the consent decree in the AT&T divestiture case needs to be reexamined. I call it to my colleagues' attention as they cons!der during the next ses~;ion the various bills ~·hich would change the consent decree.

The speech follows: REMARKS OF CoM..l\!ISSIONER MIMI DAWSON, FEDERAL COMMUNICATIONS CoMMISSION Thank you. I'm delighted to be here today to share my views with you on the evolving telecommur.icatioP..s marketplace. As you know, the industry, the Government and users have been greatly involved during the la.st several years in transitioning to a com· peti.Live arena. This process has generally focused on AT&T and the OCCs, and its history includes the Execunet decisions, ENFIA, the MTS/WATS docket, the divestiture, a number of court proceedings and equal access arrangements.

This morning the speakers addressed the issues of equal access and L'lterexchange competition. Other sessions will address accesss tariffs, Computer Three. new lines of business for the BOCs and non-Federal

E 5833

issues. I would like to devote my remarks today to an issue which is extremely important to all the players in the marketplace: the future competitive role of the local exchange carriers and particularly the Bell Operating Companies.

What I would like to present to you is a slightly different view of why the restraints of the MFJ and certain FCC regulations need to be re-examined-If we are to bring additional service choices to American consumers and enhance our ability to rely on marketplace forces rather than governmenc tal restrictions.

My "brief"-if you will-is that the nature and scope of competition in the provision of telecommunications services has gone through a substantial metamorphosis. Competition is not horizontal. It is not characterized by discrete and severable areas of competition-despite the inclination of many to view it that way.

The MF'J and the FCC have attempted to segregate services into distinct categories: manufacturing, exchange service. interexchange service. information service. enhanced services. And with the probable exception oi exchange service, regulators assumed that competition would develop in each of those discrete categories.

But that doesn't fully explain the dynamics of telecommunications after the AT&T divestiture. It's true enough that competition has developed L'l these separate areas.

But it's also true that competition is now being characterized more than ever by the integration of transmission, CPE and intelligence.

Perhaps the integration-or more accurately. the re-integration-of these services is inevit?.ble-simply because many large users are not willing to separately shop for the exchange, interexchange, CPE and intelligence segments of their networks. Large users are demanding "one-stop shopping'' and end-to-ei1d offerings: Virtual private line networks, for instance, which integrate exchange and interexchange transmission functions with software and CPE. In more traditional antitrust te1·ms, it seems that the relevant product market or submarket for larger users has changed from the horizontal to the vertical. That is. the product market has changed from the provision of discrete services to the pro visian of integ·rated end-to-end packages.

What the market may be telling us today is that the ability and need to integrate all services into a users' network has changed the shape of competition from horizontal to vertical. Competition today is increasingly among providers of integrated offerings which include CPE, intelligence and trans· mission facilities.

There are several interesting aspects to this. One is the fonnation of strategic alliances-MCI & IBM, for example-between providers of "different" services in order to be able to offer an integrated product.

In addition, the most intense competition may occur over location of the intelligence in the network-whether the intelligence is placed in CPE, the exchange carrier's central office or the interexchange .carrier's switch. It may well be that he who controls the intelligence has a significant marketing advantage and has perhaps captured the customer-or at least has a hand deep into the customer's pocket.

But, as is too often the case, the government·~ ability to regulate is two or three steps behind technology's ability to inno· vate. .!l..s I alluded to a moment ago, the r'CC now takes a horizontal approach to analyzing competition and classifying carriers as dominant or non-dominant. Thus, interex-

E 5834

CONGRESSIONAL RECORD- Extensions of Remarks

change service is one playing field, and the cast of characters includes AT&T, MCI, Sprint. US Telecom and others. CPE providers. although generally unregulated, .are on a second horizontal, and local exchange carriers are on a third horizontal.

If user3 have indeed changed the product market. then the Commission must be willing to modify its policies if it desires to rely on competition and market forces rather than regulation' to drive down costs and maximize service options for u~ers. New entry in the provision of these integrated service offerings must be encouraged, and existing yardsticks for identifying and regulating carriers with diiferent Je;;els of market power must be revised. It may now be appropriate to measure market power on an integrated services basis rather than on a component by component basis. · To promote competition in this evolving market, it is important to identify the existing participants as well as the possible entrants. Some interexchange carriers are ob· viously one group already offering-or at least able and permitted to o;Jer-integrat· ed. end-to-end services which combine intelligence with transmission. In an integrated sen·ice offering provided by the interexch'ange carrier. the local exchange carrier may be bypassed or merely used as a pipeline.

CJ?E providers form another group-limited somewhat in their participation since they generally do not own tran2mission fa. cilities.

A third group is the local exchange carriers-and particularly the BOCs. But. unfortunately, the BOCs are restricted in their provision of transmission facilities, CPE and -intelligence by the MFJ and the FCC's Computer two decision.

• The solution-or at least one ol the solutions needed-is to increase competition by gi1•ing the BOCs some flexibility to compete in this int.eg;-ated end·to-end market. In some cases direct entry rna~: be appropri~J.•~.

In other cases forming, strategic alliances with other service providers may be appropriate.

I have no doubt that the BOCs will be able to use their capital. expertise and operational efficiencies to pro'!ide a variety of S(,rvices including some wllich m2.y enable smaller interexchange carriers to better cornpete with larger interexchance carriers.

Ann: ultimately that's good for consumers.

The BOC:; v:ould also be able to keep large users on the local network. and lessen pressure.<; on local rates.

That will benefit consumers, too. BOC entry into the integrater:1 services product m~.rket. coupled with rea&onable ir.terconnection and aecess requiren1ents, \Viil reduce the cost of service for user8. It will decrease the probability of the BOCs becoming the price victim of the upstream dominant carri· er. and will lessen the BOCs dependellce on their major compet,itors for carrier common line revenues. And alrof these thing5 ulti· mately will rebound to ti:e benefit of the lelecommunkations consu1ner.

But what about the risks? BOC ent~y need not foreclose tl1e operatim1al choices of other carriers or U5ers, need not increase market concentration. need not resulL in a stiPPlY squeeze and need not raise barriers to entry for other carriP.rs. Of cour;oe. the FCC as well as the Department of Ju~tice and the decree court will be able to and should monitor the BOC's entry to assure no anticompetitive results.

In looking to the BOCs to pro\'ide integrated service offerings. I do not necessarily conclude that the other interexchange carriers cannot provide these serviees. I merely conclude that. additional entry would in· crease user options and would be accompa-

nied by manageable downside risk to the

pubiic. The decree court would, of course. have to modify the MFJ s.nd the FCC would have to revise its Computer two poiicies.

Having redefined. or at lea.Et refined, the product market and having removed a.rtificial barriers to fuller entry for the BOCs. a new analysis may be appropriate to det.er· mine market po;ver. This ana!y.sis would necessarily also address the iss,_~e of whether the relevant geographic market has changed. it is not impossible that the geographic market may now be regional rather than national. The market power analysis would identify dominant and non-dominant firms and regulatory requirements would he crafted for each classification. Acldi tional policies could be fashioned for a tr?.nsitional period if the market structure so wananted.

Assuming that AT&T and the BOCs.-are found to be dominant for tlle provision of integrated end· to·end services, the question then presented is at what point .should those carriers be declared non-dominant.

I think that several things would set the stage for this e·entuDJ determination: curing the problems relating lo the imple· mentation of equal acf'ess; t.he easing of re· strictions on the BOCs to lay the ground· work for their entry into the market. The exact timing would depend on the rate of development of competition and the loss of market power by AT&T or the BOCs. Freeing the BOCs from ope-.ating resLrict.ions should not be confused with giving the BOCs carte blanche to operate all segments of. their business as they please. Accounting and reporting requirements should be fa.sl1ioned to segregate the competitire large business senices from the monopoly small business and residential services. The FCC must assure that all cost r,IJocations are correct. And, state regulation would not be sup· planted.

A further quid pro quo for pern::itting tht local exchange companies to provide a ftJl range of offerings is the schieYcment of equal access. not only in terms of physical feature group D facilities but o.lso in terms of making sure that equal access wofks.

After all. the OCCs are also viable compelitors in this new environment. The BOCs must fully respond and remedy all legi'.i· tuate complaints raised by the intr:rcxchange carriers. So1ne of thE.se technk&.l and operational issues are before the. Com-

mission in the TDX petition. The Carrier Lia.ison Committee also has an important role to play in making sure that equal access works-not t0 mention the possible crc~,tion of ti1e Commission's own equal acccs~ t~.::k force. _ If our purpose is to rna.x11nize benefits to users through the introductio'1 of competition. the full de•;elopm•:nt. of technology and the on;oration of market forces, then all carriers must be given the fr::ed:::om and flexibility to compete in supplying the inte· grated prorluct denw.nded by con2amers. We rnust recognize that

thf•

cc•n1r;;.~tilion

is

again beeoming vertical rather than hori· zontal and :>5sure that our polic;es .:..nd a!.'Uons tow:.crd ail carriers refiect this n;aUty. TlJank YOU.

IMPOUNDl\1ENT OF JUVENILE JUSTICE FUNDING

HON. DALE E. KILDEE OF'

MlCH!G~.N

IN TnE i-!OTJSE OF REPRESENTATIVES

Thursday, !Hr. KILDEE. aware. the fiscal tice. State. and

December 19, 198.5 l\lr. Speaker, as you are year 1986 Commerce. Ju~­ Judiciary appropriations

December 20, 1985

bill was signed into law 1 week ago, on December 12.

This measure provides $70,282,000 for the Office of Juvenile Juslice and Delinquency Prevention [OJ.JDP].

During the same time period that the appropriations bill was being approved. the Office of l\Ianagment and Budget denloped ·a propos11i to rescind the entire fiscal year· 1986 appropriations.

The proposed rescission has nol yet been sent to the Congress as required under thl' Impoundment Control Act of 197-t Yet, OJJDP has been prohibited from making any further program expenditures pending congressional consideration of the re;;cis· sion proposal. This constitutes an illegal impoundement of funds.

I am strongly opposf'd lo the Justice Department's actions. Cor.grcss. through both authorization anrl appropriations bills, ha~ repeatedly demonstaratcd its support for the Federal l€ndt'rship role which the Jmenile Justice and Delinquency Prevention Act proYi!h:s in juvenile justice matters. Despite this strong bipnrHs~tn congre:;sional support, this ad1i1inistration has consistent~ ly requested zero funding for juvenile ju~­ tice programs, and oppoEed reauthorization of the .Juvenile Justice and Delinquency Pn•Yention Act. In e·.·uy instance, the Congrt'ss refused to go along with their n•quest lo ~nd assistance for troubled youth. Nevt'rth"!~ss, in the face of a recently signed appropriations act, the admir.istration has refused to re!ease the funds. Apparently they are trying to shelter this money uniil sw:h time as a Cnunn1-Rt~dman sequestration order goes into effect. In the· meantim-e. there an~ Slate agenice~ and pr!;·ate organizations whi('h h11ve wcces~ful!y apiJiled for us~.istanee, nPed that assistance desperately. but have been told th;>y cannot n:c~il·e any money.

Mr. Speaker, r am strongly opposed to the rescis~ivn of OJ.IDP fnnds. I am also extrenn:iy concerned o\ er the adntinistn.ltior.'s disregard c•f ihe ordt>rly procEss established bv the Con~<resf to cons!d.cr the re:;cbsion ~•f approp;ialions ftmds. Sin('(· the adrninist1·a!ion has nut complied with the Impoundment Contrei Ad. I stront:IY urge that ihe Department immediately relea~e these funds for obligation.

DEADLINE EXTENSION FOH :P.iiNEHAL LEASING

HON. NICK JOE RAHALL II O!i' \·VEST V!RGIN1A

l"I"I THi:: HOUSB OF HEPRESENT.(lo.. TfVES

'17wrsday, Dece;nber 19, 1 DSS Mr. RAHALL. Mr. Speaker. t!1e confer~nce r<:·port on the continuing appwpria· liun f<;r thea! year 1985 enntains an amendment off~rerl by the other bod~· whid1 delays the effective date of August 4.

19~6. to December 31. 1986. afi~r which hniJers of undeveloped Federal eoa: leasts issut'd prior to 1976 "ill be prohibited from bdng issued new Federal on,;hure mineral leases unrler the Mineral Lands Leasing Act of 1920.

I did not cbjcet to this intn;.<iNI on tl•1· jurisdiction of the alithorizing co;:uniitee.

In tht> {:omm~ttee un Int~rior anri in,;ular

December 20, 1985

CONGRESSIONAL RECORD- Extemiom of Remarks

Affairs, we have been working on legislation in this area and will continue to pursue this matter during the next session of Congress. However, I must reiterate at this time my strong opposition to any furth(!r attempt to amend section 2(a)2(A) of the Mineral Lands Leasing Act of 1920 through the appropriation process. It is my cxpel'tation the authorizing ccmmittee in the other body will begin consideration of legislation regarding this matter and follow the normal course of deliberation. It is my strong desire to see this issue resolved next year, and to that end, I will continue with the effort commenced by the Subcommittee on Mining and Natural Resources.

J.......''lD JUSTICE TO ALL

HON. STEPHEN J. SOLARZ OF NEW YORK

IN THE HOUSE OF REPRESENTATIVES

Thursclay, December 19, 1985 l\lr. SOLARZ. Mr. Speaker. last Friday fiye l\laryland rabbis went lo prison for condt!cting a peaceful Yigil in front of the Soviet Embassy. Th~y are sen·ir.g a 15-day · prison sentencE at the Federal Correctional Institute at Petersburg, VA. In addition, se\·eral others were fined and put on probation. The rabbis were protesting the harsh .treatment of six Soviet .Jewish pTisoners of conscience.

Not only is this an excessive punishment, offensive to our moral consciPnce and sensibilities, but it is unfair and unjust, more in line with Soviet legal policy than with Amerkan. Fur nearby, uulside the South African Embassy. similar protests are conducted against that Gonrnment, and there ar•est.5 ::l;;o talH• place. But, unlike the pro· t~st.s at the Soviet Embassy, in these cases, all charges are dropped. This is selecth·e justice. and it does· a great disservice to both the American system cf justice and to those Amaicans \\•ho fight to preserve justice for people in other societies.

Clearly we need to reexamine our laws surrounding peaceful demonstrations out· side other nation's embassies. Alan Dershowitz. a pwfcssor of law at Harvard University recently wrote about this subject. I would like to insert his cogent article here and commend it tn the attention of my coJJeagues.

The article follows: Something is rotten in the city of Wash· ington. Recently, two groups of demonstra· tors we:re arrested for violating the exact same law. But the cases against one group have been di.'lmissed. while the cases against the other have been brought to trial.

The law in question prul1ibits anyone from demonst;·ating within 500 feet of any foreign embassy. The first group of protest· ers deliberately violated U1~,t law by demon· strating neat the South Africa::1 Embassy against tl1at country'::; horrendous system of apartheid. The secor:d group violated the same law by demonstrating near the Soviet Emba.ssy against thf1t naLion·s abominable treatment of Jews, especially Jewish "refuseniks,'· who have been denied permission to join their families in other countries.

Members of both groups were arrested, but all charges were dropped against those demonstrating n.ear the South African Em· bassy. Those demonstrating against the Soviet Union were brought to trial, co1wict-

E 5835

ed and sentenced to 15-day suspended jail Several of the rabbis, acting in the spirit sentences. six-month probations, and fined of the Rev. Martin Luther King Jr .. refused $50. to pay the fine or promise to stay away Few are complaining about the severity of from the Soviet Embassy. These rabbis were the sentences. but there is widespread out- then sent to jail for 15 days and were denied rage at the different tre:>..tment accorded the bail, pending appeal. tl';o groups.

• It is sad-indeed, a rotten-day for Ameri· Members of the anti-Soviet group have can law when our prosecutors adopt the been found to be criminals, while members very inequalitY against which all the Wash· of the anti-South Africa group have been ington protesters were demonstrating. The treated as law-abiding. Indeed, 35 members anti-South Arica demonstrators can't be any of the House Judiciary Committee have happier that their fate was determined by argued in a letter to Attorney General Pretoria's racists than are the anti-Soviet Edwin Meese that it was unfair to prosecute protesters that their fate was determined by the anti·SO>'iet protesters, since it WRS decid· Moscow anti·Semites. ed not to prosecute the anti-South Africa demor.strators.

Certainly, the Justiee Department can't UNITED STATES HAS NO hold the position that one group is more RATIONAL TRADE POLICY justified in its protests than the other. Both South Africa's treatrneni of its blacks and the Soviet Union's treatment of its Jews are HON. ROBIN TALLON ir:.excusable violations of ln:man rights. It's OF SOUTH CAROLINA futile to try to decide 1vhich is the worse IN THE HOUSE OF REPRESENTATIVES evil. since each has its uniquely devilish aspect.: the pervasiveness of apartheid's leTlmrsday, December 19, 1985 galization of primitive racism condemns it in Mr. TALLON. l\Ir. Speaker, the Prc~i­ the eyes of tile entire world; the Soviet Union's state-supported anti-Semitism. com· dent's decision last week to veto the textile bined with its refusal to allow any but a and apparel trade bill was the culmination hamlful of .Jews to le~we. has earned it a dis· of misguided, ill-conceived trade policy that tinctive Place on the dishonor roll of America has pursued for 5 years. This human-rights violators.

Nor is there any claim that one set of trade policy is causing the erosion of demonstrators Fas noisie' or more dim·up- America's manufacturing base and our tive than the other. Both groups were en· status as a world power.

As Roger Milliken, chief executive officer gaging in pe::ceful acts of civil disobedience to bring their views directly to the doorsteps . for Milliken and Co. observed, "We are of those diplomats who represent their talking today about the transfer of ecocountries' evils in our nation·s capital. nomic strength to other nations and the r~­ The justification apparently offered by su!ling decline ia American power." nrosecutors in defense of their selective Our decline in economic strength is prosecution is that So>c:th Africa has decided not to press charges, while the Soviet Union largely th~ result of a war of words on insists tha.t those who protest within 500 American trmle policy taking place in Washington. On one side are the free tradfeet of its embassy must be prosecuttd.

There could be no worse reason for the ers; on the other side are the protectionists. prosecutors to !::ave acted as they ha"i'e. It They are both creating a great deal of cannot be our country's policy to allow for· noise, but unfortunately, both are defendeign governments to dictate who we shall ing a myth. prosecute under our lav:s and within our They argue textbook theories and ancient legal system. For us to accede to the policy preferences of racist a~d anti-Semitic re· history without regard to the real econo!llic gimes is to abdicate our responsibility for world marketplace. making decision3 about our laws.

As a result. the United States has no raWhat if the South African Embassy tional trade policy that might reduce our pressed charges 0!1ly against black demon· $150 billion trade deficit and enable us to strators. and not against white ones? Surely, compete in new and constantly changing we would pay no attention to their prefer· ences. Why, then. sbould we pay attention to world trade.

First, to dispell the myth, pure free trade a public relations deci~ion made in Pretoria and deEigned to prodw~e a. propaganda victo· does not exist now and never has. Neither ry for the apartheid regime by sho\\'ing how docs its ideological opposite, pure protec"sensitive" South Africa is to the rights of tionism.

U.S. protesters' Let. President Willem Botha To look at the real world: show the s2.me solicitude for protesters in At least one-half of world trade is affectSouth Af;·ica.

Nor should we pay any attention to Soviet ed by some sort of protectionism-tariffs, irdstence that those Americans ""ho pro· quotas, subsidies, or other measures thnt tested near its e:nbnssy-:nostly rabbis-be distor-t trade by preventing its free flow.

Fully 40 per<:ent of the world trade is not selected for prosecution. Either everyone or no one wllo protests wit.hin 500 feet of any between countries bat between branches of embas~y must be prosecuted. That i~ what multinational companies. "equal protection of the law·· means.

Almost every nation except the United But Judge Colleen Kollar-Kotelly of the District of Columbl:1 Superior Court reject- States has a trade policy, and makes it part ed all leg3.l arguments ma.de by U1e rabbis of its overull foreign p!llicy.

In view of these prutical realities, the this month and convicted them. She turned down their claims of selective prosecution, administration's blind faith in free trade is as well as their argument that the defense ridiculous. Yet, on the other side, protecof "necessity" permitted them to engage in ti~nists take a m~at axe approach by pronon-violent peaceful protest wit.hin earslwt posing a blanket 25-percent tariff, as of the diplomats. since all legal recourse had though all imports are equal and all counbeen d~nied. The judge alw rejeeled the prosecutors' reco:nmendation th2 t no fine tries deserve the same treatment.

The free trade theory stems from an idea be imposed, and sentenced the defendants to pay $50 each. in addition to the suspend· of "comparative advantage" formulated ed jail terms and the probaUon. almost 200 years ago. Under this theory,

E 5836

CONGRESSIONAL RECORD- Extemions of Remarks

each nation has certain pruducts it can rnak;: cheap~r than othu nations.

Thus. a nation should sdi what it makes bEst aP.d buy ab:road what other nations make. In the p<?rf~ct scheme, each nation us~s it~ "(·c~-np:!rative ad,r~u~ta.ge" to Hs own profit.

But with tod:Jy's tech.ndogy and communications syster..1s, MO!];;:n factories ean be built around the 1Yorld, taking ad,·antage of the lowest wages; while being direct<ed by headquarters in :!'iew Yo1k.

Th~refo:re, u(:•Jniparative advantag-e'~ is no longer a nat,;ral O•~..:unen.c~. but c:o.n be created by al<y cmmtry or multina.bma! corporation willing to go to the trouble.

This is the biggest clond on the U.S. trade horizon.

Some of our problems will disappear as the dollar weakens, but the threat of lowwage competition will continue. There is nothing inherently ;.mfair about this. No simple, single measure aimed at "fair trade" will wa•k here.

This is why we need a full fledged trado: policy, based on wor.ld realities. Our Govern:nent policies <Jn taxes. industry, ami inYestment must be shap<.'d to promote tJ:ade find expand ind.,~uy and jobs.

Does this imply some proted.ior.ism? Yes, but aren't our inrlnstries, jobs, communities. our standarci of living worth protecting? In economic defense, like in military defense, the question is not if, but how.

We have an anenal of offensiYe and de-fensive weapons-duties, quotas, subsidies, tax incenth•es, bilaternl agreements. The l(ey is n set of ratiunal. practical trade poli· cies using what works best in specific situations.

A tmde policy for our Nation is long overdue. It is time to jettision the myihs and start dealing with the real world. If "protectionism" offends the ear, we can .:all it "managed trade" or "organized free trade" or some other fancy name. Atrtllis stage, what we call It is less important than whether we do it.

"r'lCCURACY IN ACADEMIA" ASSAILED

HON. MARIO BIAGGI OF NEW YORK

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. BlAGG!. J',·!r, Speaker, rectnt!y a grocp claiming to be a watchdog of the "literal bias'' of campus professors, has come- to the attention of a number of us concerned abo!!! ed.ucaticnal iesues.

8Ft'cifically, this group, calling itself "accumcy in A<:ademia," conter.ds th<~t it has sigr;cll up 150 college students from schools acrvss the coun~ry t.o monitor professors who are giYing one-sid-ed lectures. This gro••p is also pul!lbhing a newsletter which wiil ,mme those ii considers "¥iolators".

I am pleas.::d to r.oie that a numbu of distingui:;hed !~aders i;1 the educational field-from c!lnsena!iYes to -lib'!mis-have j.aioed t3 denounce tl"l!s m-ad\"ised propoganda machine. Last month, in a "\Vashington SjH:I!Ch, th-2 chanceilor of the City University of New York, Joseph Murphy, this gwup nothing more than a "corps of

thought police." Joining in this denunciation was Secretary of Education William Bennett, who called this group "a bad idea" in a Epe~ch Lefure 3{10 college deans in Baltimore.

The must recent b~fcn::fttion on this gm-up has Sll.rfarcd in the fm·m of an artide in. the New Repuol:;c, whkh details the innH working of ti;is grc.up. For the benefit of my colleagues v;ho •night be confronied by the issue3 raised by th:s group, I wish to ins-ert this article into the RECORD. [From the New Republic. C'=c. 30, 1985] I WAS A SPY FOR ACCC'C:I\0.' IN ACADEMIACAMPUS DOUELE _<,.GENT

December .20, 1985

Csorba told me that the "paranoid" professors resisting AIA's calls for "balance· weren·t going to force the group out of busir.ess. •·In a year or two we'll just be a. standing presence and people will accept wha.t we're doing as legitimate. Wz'r"" not going to go away." He's probhbly right. The group's annual budget is $162,000, covering ten newsletters per yeur and the small staff.

A!A's figurehead president is now John LeBouti!lier, the author of an "'expose" of alleged decadence at Harvard who once served .a term in Congress. Scully w2.s brought on as national director mainly to write about Reader. Thus he and Csorba alone lead the battle !l.gainst the army of 10,000 Marxist academicians.

Csorba s3jd that each issue of the newsletter would be sent to 40,000 people. Subtract· ing st.aff fees from the budget, there is no way AIA·can affort mailing that many news· letters every month. It plans to charge nonstudents $25 a year for the newsletter. but it's doubtful it will get many subscribers.

Other backers will have to be found, and no doubt wilL There is plenty of conservative foundation money to be had. · Som€·What less secu:e is AlA's guise of fairness. If AIA is careless enough to allow a mole into its inner sanctum, imagine how it mi!}ht misrepresent a. professor it's already out to persecute for views expreEsed outside the classroom. As Marx. aiways the great social commentator, once said: "I wouldn"t want to be a part of any club that would have me <tS a member."

<By James Ledb<"tterl Professors to be monitored for leftism.

That Washington Post headline caught rr:y eye on August 4, 1985. I read that a new group called Accuracy in Academia <AIAl planned to weed out "10,000 lr..nown Marxists" on A.meiican college campuses. Malcolm Lawrence, presid'"nt of AlA, vowed to publicize "political bias based on incorrect information" in the classroom. I found it hard to believe that there were that many Marxist professors in .l'...merii::m universities, and wondered how AIA wculd decide which courses to monitor. So the next day I called Lawrence at home, t.oid him that I was a senior at Yale, and asked if they planned to be active on nlY campus.

"You·re a studerlt?" he replied. "Would you be interested in being our Yale contact?" Lawrence didn·t ask whether I knew of any instances of Marxism. He didn't ask SECRETARY OF STATE if I approved of the group. He didn't even TF~ ask about my political leanings. Not thinkCALLS FOR INTERNATIONAL ing it would amount to anything, I agreed, COOPERATION AGAINST TERand gave him my phone r.umber and school RORISM . address. Lawrence asE'.lred me someone from the group would get in touch. For the HON. WM. S. BROOMFIELD next four months, I would bl" a spy for Accura.cy in Academia.

OF MICHIGAN AlA is a spin-off of Accuracy in Media IN THE HOUSE OF REPRESENTATIVES <AIMl, an organization created in 1969 to combat the· purported lib<eral bias oi the Thursday, December 19, 1985 American media. AIM devotes its $1.7 milMr. BROOMFIELD. Mr. Speaker, I <·omlion annual budget to monitorLng the press and televisiorr for slanted coverage. AIM mend Secretary of State George Shultz for president Reed Irvine has gained respect- forcefully speaking out on the issue of terability through appeata<JcEcs on ABC's rorism during his trip to Yugoslavia. I en'·Nightline" and ether television program:;. coura~e him and other Government offiThough best !L"J.own for its two-hour rebut- cials ~to take 8 firm stand against the tal to the PBS series "Vietnam: A Television History·• ('"'hich was lc.bded "good propa- scourge of international tenorism. Hardganda for lile con:L."'llUnists"l, AIM is active hitting comments such as his fin help and on many front:;. For exa..ro.ple, noting that. are appredated. We!! done, Geo;:ge. pclls reveal .IL'lleriean women to be more libAs my colleagues know, our Secrf:tary of eral than men. AIM suggests that "'one pos- State is visting 8 numbe• of Eastern Eurosibie explanation . . . is the popularity pean countries. During his visit to Yugoamong women of the Phil Donahue show." slavia, he deal"ly spoke his mind about the In August fuM ·announced that it was "'going to the source" of thl" medir. tilt-left- thr-eat of international terrori8m. He ~as ist academia-and crea.tecl a new arm to responding to comments mad¥. by the "end the brainwashing." The group has YugosluYi:m Fol"eign Minister. In an emotional presentation, Mr. Shultz tolci the th~s f:u- cited a dozen or so "blased" profes~ors" The fnst student report concerned Dr. news conference t~mt the hijacking of the Mark Reader, a professor of political scie!xe Itaiian lin2J', Achille Lauro, was not justiat Arizona State lTniversity, who teaches u fied. He also S<':id that terrorist act~ Wt";e SL'rv~y course of polit!.~al idcologi~s. AlA's wrong and that the ir.ten•at!m>.al communifirst newsletter. le2..ked to the press tc.ieeks before it was publish~d. charges Rea<.h~r ty must face up to the J?Whl;cm of t«rror¥;ith tesching only his own "obsessions; .... ism.

As we al! know, Abu Ahha~, the P;ole~tin­ an~i-nudear propaganda and f.ring'" economks." An anonymous student also c:uoted ian who masterminded th~ hijacking of tll.o Reader as saying that "'the Soviet Unil:n is Achille Lauro and the O:ragk murrl~tr of no threat compared to the United Stat.c's Leon Kli;;glwffc!", was allowed by Haliau imperial agg;-es.sions." Re2.der den.ied thc.t ?.uthoriti'!s to go to Yugoslavia. Later, he ha.d said this, though he claims if l1e Jid. he had every right to do so. (AIA clair.;:; YugoslsYian offidals allo\\ed th:;t terrorist tha.t "young, h-npressionable students·· are to quietly leave the country for iraq. l1nreluctant to criticize a. profes~or \\ ho rrdght fort~!lat.ely. the Yl!goslavian Govet·rnncnt flunk them, so it promises to keep the iden- reject~d a United States request for th>" tity of its students .... arrest and extrRdition of Abu Abbas.

1

December 20, 1985

legedly masterminded the Achille Lauro piracy in October.

Shultz acknowledged to reporters Tuesday that Abbas. a member of the Palestine Liberation Organization executive committee, has been in Iraq and that the Iraqi government has refused U.S. requests for his arrest.

When he was asked yesterday whether Abbas is still in Iraq. the secretary replied.

"I don't have any information otherwise." A State Department spokesman said yesterday that the United Slates would request Abbas' extradition if it is determined with certainty that he is in Iraq.

Although acknowledging that Iraq's ap- · parent ho.rboring of Ab!Jas is "'a problem:· the secretary said. '·I don·t think we should feel that every time we identify a problem, we have to fire off a gun or break relations with someone. There are gradations."

Shultz again linked the PLO to terrorist acts in the Middle East.

He denied that his criticism of the PLO is at cross purposes with the efforts of Jordan's King Hussein to win PLO backing for a Jordanian·Palestinian delegation to enter peace talks with Israel. Shultz said the United States continues to back Hussein·s search for those Palestinians who could play a role in the peace process.

However. the secretary added. ··we have seen individuals who have associations with the PLO, including members of the executive committee, be associated with hostagetaking, ~.cts of terror and murder. So you have to put that in the picture:·

FOURTH MARTIAL LAW ANNIVERSARY IN POLAND

HON. STENY H. HOYER IN THE HOUSE OF REPRESENTATIVES

<By John M. Gosllko) Secret:<ry of State George P. Shultz said yestertJay !.hat he was "'speaking for the American people'" when he angrily told a news conference in Belgrade on Tuesday t.hat the hijacking of t.hP. cruise ship Achille Lauro was a terrorist act and had no politiCll jnsti~ication.

Shultz created a stir in Belgrade when he pounded a t.able and publicly disputed Yugoslav Foreign Minister Raif Dizdarevic"s statements tha.t incidents like the Achille Lauro piracy must be viewed in the context of the Palestinian people's struggle against colonialism.

Shultz, who had lJeen sharing the podium with Di7.darevic. immediately interrupted to say that. tl1€ hijacking, in whicl1 Palestinian terrorsi.s killed ~n elderly America.n and terrorized others. is not justified by any cauEe

Thursday, December 19, 1985 , i\Ir. HOYER. Mr. Speaker, December 13 marked the fourth anniversary of the declaration of martial law in Poland. For 4 years. the Polish people have lhed under a state of seige by their own government. The initial violent aftermath of the imposition of martial law, the dark days when water cannon and riot batons were trained on peaceful demonstrators, has given wa:y to pena;:.ive and insidious efforts by the reg"ime to institutionalize repression and eradicate all independent associations and activities.

Members and supporters of the outlawed union Solidarity, including activist priests, frequently fall victim to myRterious deaths, beatings. and kidnappings and threats by unknown assailants. Despite periodic, highly conditional amnesties, there are at least 265 prisoners of conscience in Poland today. The Jaruzelsb:i government has passed a new law on higher education, aimed at suppressing free intellectual exchange and the development of independent -culture. Last week. seventy university rectors and deans were fired for political r'.'asons. All of this waR done in the name of normalization and restoring order. Ironically, General Jaruzelski has taken to travelling abroad to the West to seek the legitimacy that th\' Polish people steadfastly refus~ him at home. Jaruzelski is literally banking on the pr-emise that memories in the West have faded about the devastating events of only .J years ago. But for the

u:r:·

Yesterday. wl1ile flying home aner a 10day European visit. Slmnz saicl. "I just want people to see that in the United States we feel ve>:y strongly about this subject. I felt tllat by making an interjection at tl1at point I was very much really speaking for the .~n1eric:1.n

people."'

"I think that in the past year. we in the

. United States have seen the menace of terrorLim more clearly. So support for doing ~omet.hing about it is stronger:· added Shultz. '.Vho has b!'en the most outspoken member of the f\dminisirat.ion in advocating a tough st.ance against terrorism.

He.also insisted that there is no contradiction between his call Tuesday in Belgrade f,Jr giving terrorists '"no place to l1ide" and Ll1•~ administration·s reluctance to take measures against· Iraq for harboring Mol<ammed Abbas. a Palestinian leader wl1o al-

Polish people, martial law is no mere memory. They cannot forget. Daily life serves as a painful reminder.

Yet, !Hr. Speaker, 4 long years after the crackdown, Solidarity is still very much _in operation above-and underground. It remains the inspiration for extensive unofficial publishing and other independent cultural and educational activity. As co-c.hairman of the U.S. Helsinki Commission, I would take the occasion of the grim December 13 anniversary to share with my colleagues the concluding paragraph from a re!)ort prepared for the Budapest Cultural Forum of Helsinki signatory states by the Committee of Culture of Underground Solidarity. It consists of a quote by Leszek Szaruga, that appeared in the independent literary publication Obecnosc from Wroclaw: We live in a divided Europe brimming with steel and explosive devices. capable of wiping out the most minute trace of life from this continent. We can oppqse this arsenal only with the delicate structure of culture which i& always a structure of understanding. It is easily destroyed. and not only by force, One can easily destroy it by destroying lively and searching thought. which frequently goes astray. but which constitutes the only realistic chance for survivial.

Lively and searching thought is the target of regime repression in Poland and in other countries around the world today.

Solidarity's tragic experience and its urgent message holds deep meaning for us all. We would do well to listen abd to heed it.

Thank you, Mr. Speaker.

OJ<' l\IARYLAND

SHULTZ AMPLIFIES TERRORISM COMMENT

Lhat! know

E 5837

CONGRESSIONAL RECORD- Extemious of Remarks

Ail of us must face the fact that terrorism cannot be justified as an expression of lhe frustrations of those who believe they h<!ve been wronged. Negotiations are the best way to resoive-standing problems. Terrorism in all of its forms is criminal activity which cannot be justified by any country or any group of people. Terrorists are international bandits and pirates. They must not be given shelter in any country.

We must do all that we can to have terrorists extradited and brought to justice. Abu Abbas and others like him must ret~eive the punishment which they deserve. International cooperation among the nations of the world that have been affected by the scourge of terrorism is necessary. The Congress recently passed legislation calling for the establishment of an International Coordinating Committee on Antiterrorism. 'l'his organization would provide an international forum for combined action against terrorism. The group could serve as a coordinating body for antiterrorism efforts hy concernl.'d governments. Intel!ig-l.'nce sharing and coordinated political action against terrorism could be discussed hy the group.

Terrm·ism is an international problem and an international solution will be required to face up to this growing- menace. I encourage our Secretary of Stale to call for the creation of this Internaiional Coordinating Committee. The time for concerted efforts against international criminals masquerading as heroes is now.

With these thoughts in mind, I commend the following Washington Post article on the Secretary·s comments on terrorism to my colleagues in the Congress.

MARTIN ANDERSON ON THE NEED FOR AN ABM SYSTEM

HON. JIM COURTER OF NEW JERSEY

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 l\lr. COURTER. Mr. Speaker, Martin Anderson's essay from the Washington Post points once again the very real need for some form of defenses against ballistic missiles, even if such a defense is only partial or prefemtial in scope. We currently have no defenses whatsoever against any type of ballistic missile attack, a fact which many Americans find both astounding and profoundly disturbing. The SDI opponents have made a centerpiece of their attack the insistence that any system be 100 percent effective, virtually leakproof against an allout Soviet first strike. In the same breath, they contend that such a system is impossible to construct and operate. Little attention is paid to the most likely nuclear threats, which are posed by accidental Sm·iet or Chinese launches and intentional launches by some future Third World nuclear weapons state. We dismantled the one AUlH system we were permitted under the ABi\1 Treaty, an action not met in kind by the Soviets. Certainly the Soviets know better !han we that even an imperfect, limil.ed system can have important utility against less than robust nuclear threats; this is a compelling case for initiating ABM deployments as soon as possih!e.

E5838 \V=.

:r-<u;n AN

Decemba 20, 1985

CONGRESSIONAL RECORD- Extensions of Renhlrks

[Fro;n the Wac;hington Post, Nov. 26. l!Ol85J lNSURP.N(;E MISSILE DEFENSE SYSTEM

<By Martin And,;rsonl The results of the Gene\·a ~ummit prove that Pre,,ident Re:::.gan'.s often lonely approflch to dealing with the deadly issue of nuclear weapons is the ri!'"ht one. The final stater.1ent endorsing "the principle of 50 percent reductions in the nuclear arms of the lJ.8. and the U.S.S.R. a::;propriately app]jed ·· \vas an e::craordinary aci1iever11ent.

E\•en tile combined fureign policy ·.vizardry ci 1\ixon and Kissini5er could produ:.-e only a controlled, but farily high rate of growth in the nuclear ars:·nals of the two supe~pc.wer:s. A\''ld the most radical proposal th;; international left hac se:-iously proposed in tlle laBt decade was a mere freeze on existLng nucle;,r stoc•~piles. Yet here were the tvjo great nucle~f' powers endorsing the idea of a one-half reduction.

The weeks and months ahes.d will tell whether our negotiators h:we the skill and patience to fashion an arn·.s control agreerr.ent that is in our national interest. In the meantime there is something we can and should do that would reduce the degree to \vhich the United States is at risk from nuclear attack and would also give added mom;;ntum to the arms control talks. We need to build an insarance missile defense. It is something the Soviet Union has already done.

UEder the terms of the ABM TreP.ty signed in 1972, both the United States and the So'!iet Union have the right to build :;t limited missile defense system with up to 100 interceptor missile launchers. Almost immediately after the signing of the treaty, the Soviet Union began to deploy interceptor missiles around Moscow. Today they have the only operational missile defense systEm in the world.

Almost 100 interceptor missiles, ·mostly brand-new SH-<'Bs, tipped with nuclear warheads, stand poised to bl;:;,st off at a moment's notice. Because they intercept their targets high above the earth's surface, they can effectively protect a very large pRrt of the Soviet Union from u limited missile attack. They cannot protect the Soviet Union from the combined assault of hundreds or thousands of nuclear missile5, but they can and d;> guarantee Soviet rulers that they need never fear the chilling assault of a nuclear missile launched accidentally, or being held hostage to a threat from a Third World power that has managed to build a few nuclear ICBMs. In the early 1970s we beg= to build a defensive missile site to defend our regular missiles stationed in Grand Forks, N.D. In 1975 we stopped and tore dO'Ivn what had been built. Today we have nothing. If a nuclear missile or two, for whatever reason, were launched toward the United States tod<"y, we would be helpless: Take the \•iorst case. A Soviet missile targeted on Washington is fired accidentally.

The Soviets frantically notify the White House on the hot line. The North American Defense Command in Coloraco tracks the incoming missile with its sophisticated computers and informs the Pentagon that it will strike the city in 14 minutes. What should om· response be? Do we answer with a nuclear attack of our own, even though the Soviets are apologizing profusely for their mistake? Do we p2.ss!vely wait while our country is '·decapitated?" What weuld you do if yo11 were president?

The real answer is that we should not even have to contemplate such questions and all their ramifications. The SO\'iets don't. If we mistakenly fired a nuclear missile at Moscow. they could tell us not to

wcrry an::l blast it h"rmlcssly out of the sky with or:e of ti1eir interceptor missiles. The tragedy of our situ:::.tion today is that we cannot do the same.

Last year the U.S. Army succe;:sfully test;;d an interce~Ctor m.issi!e that proved we could de:stro:;- an ir.comh1g ICBM more than 100 miles up in space aEd that we could do it by simple collision--v:ithout using a nu:;lear warhead. And thRt is something the Sm·iet c2:1.not do. Tc,day t.he technology is on U.S. shelves that would enE.ble us to build an effect'''e Ur.c-.ited missile d€fense system. OEe tot:;.lly permitted under the ABM Treaty, that could ensure the United States a;sai::1st toe posoibility of the mo~t terriolc: ::;,ccident in history.

Tl1e fact that we ha•·e not buiit any missile defense must be incomp.-d:ensible to the Soviets. Building and deploying a limiteel mis.~ile defense no·.v \':auld place us on a par with th·c Soviet Unio;1 in terms of operational missile defenses. Beyond that it would give the American people a chance to live in a nuclear world where at least you could protect yourself from an accidental attack.

And if both the United States and the Soviet Union possessed an insurance missile defense s,;.·stem. rJl of us just might find that we had c,·eated a measure of stability that we have not had since the Soviet Union developed nuclear weapons.

CONGRATULATING L.W. <BILL)

LANE

HON. CECIL (CEC) HEFTEL 0!' HAWAII

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 HEFTEL of HawaiL Mr. Speaker, it gives me great pleasure to congratulate L.W. (Bill) Lane on his appointment as the new U.S. Ambassador to Australia.

Bill Lane, publisher and chairman of the board of Sunset Magazine, has long been a friend of Hawnii. He has promot€rl tourism in Hawaii and the Pacific through such positions as U.S. Commissioner General to the International Ocean Exposition in Okjnawa and U.S. Government repre~entative to the Pac!fic Area Travel Association. Bill Lane's familiarity and expertise with the Padfic Basin make him an excellent choice for the next ambassador to Australia. An editorial column about Bill Lane appeared in The Honolulu Advertiser on December 17, 1985, and I would like to shure it with my colleagues.

The artic!e follows: U.S. AMBASSADOR LANE L.W. <Billl LaiJe, board chairman and publisher of Sunset Magazine and a longtime friend of Hawaii and the Pacific, soon goes to Canberra as the new U.S. ambassador to Australia.

He is an excellent choice, especially at a time o;rhen New Zealand's sag in relations with us makes the joint security alliance of America and Australia all the more important. Bill Lane ·has the talents and the knowledge of the region to further that bilateral commitment.

With a growing Soviet presence in the Pacific, Australian leadErs are hopeful that the recent Geneva summit will lead tc arms control. including nuclear non-proliferation and limits on chemica! weaponry.

In commenting on the summit ir. speeches to Parliament late last month, both Prime Minister Bob Hawke and Foreign Affairs ~lr.

Minis~er

Bill Hayden reaffirmed Australia's commitment to its alliance with the U.S. The New Zealand issue has helped to focas r.1ore American atteDtion on ou!' relationship with Australia, \\'ith the realization that what we r1ad largely tr.ken for g;·nnled is really vital to ou!' strntegie interest in thf' region.

Of mutual benefit is a wP,rm f!'iend~hip c.f rncr:.= tha.n t\VO centuries ba.s(d O!l c~ conl!non dedic;;.tio,1 to freedom ar<d der:ocrn.cy. The fotmders of the Austr>di.ian federation got the idea of federu.lism from this -::ountry and studied the American CoE3titut ion in drav;jng up their O'A·n. :r~a1nes of so1ne . .a.. rnericans unfamiliar to most of us are important figures in Australian history-George Chaffey. who pior.cerecl irrigation Down Under: .J.C. Williamson, who played a major roie in the development of the theater; and Wo.ller B. Griffin. w!1o des:gned 't11e national c;;,;:daL Aus~ies have fought alongside Yants in eve1·y war in this country ir, which we'n' been engaged-World War I. World War II. Korea and Vietnam. Australia is the only country to have done that.

Thouoands of lL'llericans own la:-,d in Ausrrailia. Many have busir.e[s connections there, B:iateral trade Is substantial, with Austrailia runr,ing a deficit with Ull but, in· terestingly, a surplus w:th Japan.

We have important rrdlitary facilities in Australia. ranging from naval communications stations to a joint defense space research base. · Anzus, if New Zealand withdraws its rebuff of U.S. nuclear vessel visits, or a new bilateral treaty between Canberra and Washington will contribute to be the heart of AustrzJia's defense structure.

That is as true of the Labor Party now in power as of the Liberal Party <which is conservative). When the late Arth'Jf Calwell led Labor. he said, "V.le want the Amerkan presence. strong and powerful. in Asia and the Pacific. We want it because Australia needs it until all nations are prepared to disarm." Obviously, we need it there. too.

As the new U.S. ambassdor, Bill Lane has links with Australia that go back to World War II when he was a gunnery and communications officer on troop transports in the Pacific.

Presidents Carter and Reagan named him the U.S. government representative to the Pacific Area Travel Association. He had ambassadorial rank when. on appointment by PreEident Ford. he served as U.S. Commissioner General to the Intenational Ocean Exposition in Okinawa 10 years ago. He has been acti\·e in the Pacific Ba:;in Economic CounciL He and his magP,zlne have staunchly promoted Pacific tourism. He is a supporter of the Travel Industry Man~.gement Schooi at the University of Hawaii o.nd of the HVE. He and his wife Jean. who is on the board of the Pacific Tropical Botanical Garden on Kauai, will be worthy representatives of the U.S. in Canberra.

NEW HUNGER STRIKE BEGINS IN NORTHERN IRELAND

HON. MARIO BIAGGI 0!' NEW YORK

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 l\1r. BIAGGI. Mr. Speaker. as chairman of the bipartisan ad hoc Congressional Committee for hish Affairs, I am deeply concerned m·er reports that a new wa.-;• of

December 20, 1985

CONGRESSIONAL RECORD- Extensiom of Remark.1

hunger strikes may be beginning in North.- must consider tough sanctions against this ern Ireland. evil government.

This concern is based on the decision [From the Washington Times, Dec. 19, yeaterday by a prisoner, Robert Tohill, age 1985] 26 to begin a hunger strike. Mr. Tohill was ETHIOPIAN OFFICIALS ACCUSED OF one of 27 men convicted in a highly controUNDERM!N'li{G REUEF \VORK versial "supergrass" trial conducted in (By Curtis Catel Northern Ireland. The supergrass proe.ess PARIS.-Ethiopian officials more con· has come under fire from a number of cerned with fighting rebels than combating international organizations, and legal ex- famine constantly undermined the efforts perts. It is a procedure by which the uncor- of a French charity that wa.s expelled from roborated testimony of paid informants is the country. a nurse ·who worked for the made admissible and is often the main ve- charity says.

And Claire Couquiaud, a 24·year-old nurse hicle leading to conviction. Such was the working for the French medical-;tid group case in l\'Ir. Tohill's trial. His decision to Medicins Sans Frontieres <Doctors Without. , embark on a hunger strike is in protest Borders), says she saw government officials over this procedure which shows contempt force peasants into a resettlement scheme for due process and makes a mockery of under conditions so harsh that many died each day. justice.

Miss Couquiaud. a blonde Parisienne who It is imperative that the British Government moved expeditiously to allow an says she went into nursing because she was appeal to be filed in this case. Such an inspired by her sister who is a doctor. volunteered in September to spend six months appeal should also allow for a ruling on working in Ethio!.li:l for MSF. Soon after the use of supergrass and its degree of her arrival, Miss ·couquiaud found herself being inimical to the ideals of a democl'acy. caught in a dispute between the Ethiopian Almost 4 years ago hunger strikes took the government ai1d the charity group. which lives of 10 young men in Northern Ireland. organizes medical relief efforts around the British indifference and inaction contribut- world.

The dispute broke into the open with ed to this. Let us not allow history to charges by the head of MSF, Dr. Rony repeat itself again in Northern Ireland.

Brauman, that the Ethiopian government had blocked the group from opening a chi!· dren's nutrition center because it might TRAGEDY IN ETHIOPIA interfere with the government's controver· sial resettlement program.

HON. TOBY ROTH In a press conference yesterday. Dr. Branman charged that forced migration ha.s OF WISCONSIN killed more than 100,000 people in Ethiopia IN THE HOUSE OF REPRESENTATIVES and is leading to another 300,000 people Thursday, December 19, 1985 being threatened with death. He said refuMr. ROTH. Mr. Speaker, I would like to gee centers in Ethiopia resemble concentra· tion camps and said the camps for famine read to my colleagues two headlines that victims in northern regions are "the No. 1 have appeared in the Washington Titnes cause of death in the country." and the Washington Post in the last few Angered by ·MSF's repeated allegations. days: "Ethiopian Officials Accused of Un- the Ethiopian government ha.s charged the dermining Relief Work"; "Ethiopian Re- charity is more interested in .politics than ported Missing: Relief Official Said to Seeli relief. More than a score of N"J.SF doctors. nurses and other staff were expelled from U.S. Asylum."

We are silently standing by and witness- the country this month.

In an interview with The Washington ing a tragedy of historic proportions. Over Times, Miss Couquiaud rejected Ethiopian a million Ethiopians are being forced at allegations that MSF was "politically motigunpoint to leave their homes and families vated." She described how her assignment and are being transported south under became "disheartening"'-and even "nightcruel and inhumane conditions. So far, marish"-as she and her colleagues saw how over 100,000 Ethiopians have died in this Ethiopian officials dealth with peasants.

She and her team-which included one death march. About half of the victims rounded up and placed in these concentra- doctor, two nurses, and a "logistician·• whose job it was to clean out dirty wells and tion camps have died. HoweYer, and I quote water holes and to build latrines-operated from a December 17 Washington Post arti- at Kelala in northern Wollo region, about cle: 250 miles north of the capital. There. she Western relief officials fear that any says, their efforts were thwarted by the re· public. criticism of the relocation scheme fusal of the Ethiopian authorities to let could result in their expulsion from Ethio· them open a clinic where critically underpia and cancellation of relief programs, nourished infants could be allowed to stay many of which recently have spent millions overnight for emergency feeding. of dollars in the country.

"All we were allowed to do in our feeding It is no coincidence that the head of center was to give the most critically famished a ration of 'hypercaloric" food-an enEthiopia's famine relief organization, riched powder composed of dried milk, Dawit Wolde Giorgis is seeking political sugar, and oil which we had to mix with asylum in the West, as once again the pace water into a kind of porridge-to suppleof this horrifying resettlement program bas ment the normal daily pancake diet, after intensified. Undoubtedly even Mr. Wolde which the poor devils were sent back to the could no longer stomach the atrocities of villages they had come from,'' she said.

"As a result, of the 10.000 persons who his government.

I urge my colleagues to take a moment came to see us every month-.some of them having had to walk seven full hours from and review these three articles which are their village homes-3,000 are estimated to reproduced below. We cannot sit idly by have died," she saicl. and witness this holocaust. We must rally Miss Couquiaud, who arrived at the vilworld opinion aro!:lnd this tragedy. And "':e lage on Oct. 12, said about a month after

E 5839

he~ arrival tents began to spring up ar::nmd Kelala"s main building-a small, dirt-fl•Joreti hall known as the "theater." Soon the temc. were filled with a haggard group of some 500 "voluntary migrants" for the resettle-· rnent program.

But fm· from being volunteers. she said. tlle '·migranLs" had been singled out by vil· !age mayors. often as a way of settiing per· sonal scores. and rounded up by armed Etiii· opian troops.

"Tl1e5e poor people. many of them l:ws· bands arbitrarily separated from their wi:;es and families. were kept penned up in the . theater and surrounding tents for almost two weeks in utterly appalling conditions." she s::.id. "There were no lavatory f<lcilities. there W2.S excrement everywhere, and tt1e stench was indescribabie.

"Every morning we ::oaw a score or two o! litters carrying out the corpses of peo;•IP who had died during the night."

0:1 the night of Nov. 27, Benoit 'I'uUcn, the Geneva·born doctm who headed tlic: MSF team. visited the theater. Appalled by the spectacle of excrement and lice-inl'estPd str~.w. he persuaded the local administrc.· tion to let him remove the most st~·icken eases for emergency treatment. ·'By this time, people were no longer trek· king in from the countryside with thei-r starving children to receive our emergency rations, being scared stiff of being rounded up by militiamen for shipment south to some resettlement area, "she said.

Miss Couquiaud said that other "volun· tary migrants" were encountered b.Y an· other MSF team near the northern Wollo village of Sekota. The team came upon n group that had been locked into a. church, where many of them were dying. While trying to obtain their release, a French nurse was assaulted by an Ethiopian militi.a· men who knocked her to the ground wi\ !; his rifle butt, Miss Couquiaud said. ·'Right up to the last moment. we lnd trouble with the miEtiamen," she said. On Dec. 13. when she and her colleagues were informed they were being expelled from Ethiopia, the militiamen would not let t.heD1 distribute any of their food stocks to the 50 local helpers in the relicf effort.

She said a militiaman broke a leg of on<" helper.

[From the Wa.shington Post, Dec. 16, 1&851 ETHIOPIAN REPORTED MISSING-RELIEf OFFICIAL SAID To SEEK U.S. ASYLU!.< (By Blaine Harden) NAIROBI, Kenya. December 15.-Dawit Wolde Giorgis. head of the Ethiopian gO\'ernment's famine relief p:rogram, is reported to have been missing for more than tilree weeks since completing a fund-raising to"r in Western Europe and the United States.

Western relief officials in Ethiopia, wl10 are in contact with senior members of tl1e government there, said Dawit is widely believed to be seeking political asylum in tl1e United States.

A spokesma.n for the the U.S. Embassy in Addis Ababa said it had no L'1formation on Dawit's where-abouts and is not. aw~re if he has asked for asylum. [At.the State Depart.· ment, a spokeswoman said she had no report of Dawit being in th United States.]

As commissioner of Ethiopia's Relief a;:;d Rehabilitation Commission. Dawit bas become one of the most visible and widelj' quoted officials in Marxist Ethiopia during the past year. He ha.<i been an out~poken critic of western governments. chargin!! they responded too slowly last year to Etf,j. opia's famine.

His defection would be likely to embarrass the Ethiopian government, .which is a close

•

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CONGRESSIONAL RECORD- Extensiom of Remarks

ally of the Soviet Union and a f:-equent critic of the United States.

Dawit left Ethiopia Oct. 25 for a trip intended to raise aid donations for the famine, which is expected to continue through 1986.

He reportedly visited Britain, Belgium, West Germany and the United States. He met officir.ls in Washington and at the United Nations in New York. He was last. heard from in Belgium and was expected to return to Ethiopia Nov. 23, relief officials in Ethiopia said.

Dawit's brother defected from Ethiopia to the United States in September, according to diplomatic sources. The scurces said he went to New York where his wife had beEn given a job, through Dawit, with the Relief and Rehabilitation Commission.

Dawit'~ absence from Addis Ababa has delayed planning among the 35 countries and 47 nongovernmental organizations working there for next year's relief effort, aid officials say. The Ethiopian government has not made an official statement on Dawit.

A graduate of Columbia University La.w School and a major in the Ethiopian Army, Dawit has been important to the government headed by his friend, Lt. Col. Men· gistu Haile Mariam. During the early 1980s, Dawit served as governor of Eritrea, where rebels have been fighting the government since 1962.

Dawit headed the "Red Star" campaign against the rebels, which was unsuccessful and in which there were more than 30,000 government casualties. He subsequently was named to the number two position in the Ministry of Foreign Affairs.

Two years ago, Mengistu named Dawit as head of the government's agency respons-bile for coordinating famine relief. Ail commissioner of the Relief and Rehabilitation Commission. he was widely respected by western relief officials, who said he worked hard and was decisive.

In recent months, however, these relief officials said Dawit's influence in t.he government had waned. They said regional leaders of the ruling Workers' Party frequently overrode decisions made by the relief commission.

Dawit, who is divorced, is believed by relief officials to own a home in California.

A MARTIAL ARTS LEGEND

HON. BOB McEWEN OF OHIO

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. McEWEN. Mr. Speaker, for the past two decades AI Conaway of Hillsboro, OH, has been a master teacher or se·nsei of martial arts. His record of accomplishment which follows speaks for itself, but as someone who has known and followed Mr. Conaway's career I can personally attest to . this legend of Ohio martial arts.

Following are a few of AI Conaway's martial arts achievements: Over 100 trophies and personal awards; personally trained 60 black belt 1; recognized by 2 U.S. Presidents, the Ohio House and Senate and the Governor of Ohio; trained Ohio State karate grand champion (1983); and named one of the most outstanding Sen-s~is of mid-America (1976-85).

Mr. Speaker, to enter an endeavor, a field of study, a business and do the best you can is the mark of a successful career. On his retirement from the martial arts field, AI Conaway can feel comfortable in the fact that he did his best

THE SMOKING LADA: NICARAGUAN SUBVERSION IN ACTION

December 20, 1985

Abrams, Assistant Secretary of State for Inter-American Affairs. This entire affair is food for thought.

HON. WM: S. BROOMFIELD SUMMARY-EVIDZI-ICE OF N!Ci,ll.~G!J.~N SUBVERSION IN CENTRAL AM:t:RICA OF MICHIGAN An auto accident in Honduras on DecemIN THE HOUSE OF REPRESENTATIVES ber 7 led to the discovery by Honduran anT7wrsda,y, December 19, 1985 thorities of ammunition. greuad.:s. coml!lllMr. BROOMF'IELD. Mr. Speaker, Con- nicutions and encrypotion rnaterial. and crete evidence !s finallv available showing other items being sent from Managua to Niearaguan support f.;r the rebels in El guerrillas fighting in El Salvador. The eviSalvador. A Russian-built vehicle crash€d dence. which came to light only by ch8nce. in Honduras earlier this month. The war· provides fu1ther proof of the continuing role of Nicaragua in support of regional material and ether equipment cleverly armed sub,·ersion and terrorism and f[Cctunl· hidden in that vehicle provide proof' that ly demonstrates that Sandinista Foreign Managua is assisting rebel groups in El JVIinister Miguel D'Escoto and his -go\ ern· Sahadcr. The claims that the administra- ment lied to the World Court when t.hey tion has been making over the years are - said tl1ey are not engaged in provision of true. Comma:-~dante Ortega and the Sand!- supplies to the guenillas in El Salnclor. nistas are involved in actively Silpporting INTRODUCTION and supplying the Communist insurgency Honduran authorities have already issuerl in El Salvador. The Nicaraguan Govern- a statement concerning the incident we adment is intentionally promoting sub;·ersion dress todav. On December 7. in Honduras. a serious accident occurred involl·ing a So\·iet· and ter;-orism in the region.

Ac~:ording 'to one of the men injured in buill Lad3. automobile. As Honduran in,·estithe wreck, the vehicle came from 1\'Ianagua gators at the scene of the accident disco\·ered, the vehicle had six concealed compartand was going to El Salvador. The driver of ments containing grenades. ~,mnnmition. the vehicle admitted that he had been communications and encryption male!·ials. trained in Cuba and had made a similar de- instructions, money. medical supplies. and livery run earlier this year. perwnal letters to guerrillas fighting in El The wrecked car contained six hidden Salvador from relatives in the Soviet Union. compartments stuffed with $27,000 in U.S. Cuba. and other countries. The documents. dollars and 450 pounds of clandestine mHi- i!lcluding instructions addressed specifically tary equipment. Included in this equipment to nine guerrilla commanders, revealed that were 7,000 rounds of ammunition, 21 gre- the shipment came from the Managua headquarters of the Armed Liberation na4es. 12 radios, and 86 blasting caps.·Also Forces or PAL, the military wing of the found were cypher pads for putting secret Communist Party of El Salvador and one of messages in one-time-only codes that are the five main guerrilla groups that make up impossible to break. Medical supplies, writ- the FMLN. The other four groups are the tim instructions to FAL-Armed Liberation National Arme-d Resistance Forces <F'ARNl, Forces-rebel field commanders and letters the Popular Liberation Forces <FPLl, the to rebel soldiers from relatives in several Central American Revolutionary Workers countries, to include Cuba and the Soviet Party <PRTCJ, and the Popular Revolutionary Army <ER.Pl. Union, were found. The l<!tter from the The shipment we arc discussing todar '':as Soviet Union was apparently written to a sent by the FAL Communications Section in rebel soldier. It was written in Russian Managua and was destined to nine field which indicates that the soldier was prob- communications chiefs in El Salvador. The ably trained in the Soviet Union long text of the FAL letter of instructions is enough to leern the lang1.1age. I also under- being made a•;ailable. stand that there is a videotape showing BACKGROUND: ARMS TRANSFERS Honduran officials opening up the secret Since the Sandinistas tool po,ver in Manctcompartments in the car and removing the gua, arms and other supplies. including dollars, have been shipped from communist hidden equipment.

In spite of Nicaraguan claims that it has bloc countries and elsewhere throL:p;l1 Nicanot p!'Ovided arms or ammunition to the ragua to the guerrilla groups of the F'ara· guerrillas in El Salvador, the truth has fi- bundo Marti National Liberation Front <FMLNl in El Salvador. Nicaragua and Cuba nally come out. Even Miguel D'Escoto, the are the central participants in this support Nicaraguan Foreign Minister, had denied network. The Sandinistas prol'ide wareto the World Court that his government houses for storing arms, ammunition and was assisting the Salvadoran rebels. other supplies awaiting onward transportaFor 5 years, the administration has been tion to El Salvador. Nicaragua territory is telling the American public that the Sandi- used for training camps for guerrillas from nistas have been arming and supplying the El Salvador and other Latin American counSalvadoran rebels. While sensitive intelli- tries. The FMLN central command's radio gence sources and ·methods have always and logistics system is in Managua.

It was no accident that the negotiations clearly shown the close support which l\ta- with the Salvadoran guerrillas for the renagua gi\'es to the groups which make up lease of President Duarte's daughter and the FMLN, unclassified concrete evidence twenty-two mayors and municipal officials was admittedly scanty. has to be conducted via the FMLN's central I commend Honduran authorities for radio in Managua.

The pattern of arms shipments through their professionalism in detecting the arms cache in the "Smoking Lada" and the ad- Nicaragua to El Salvador has gone through ministration for quickly calling this con- several stages since 1979. From small-scale vincing evidence to the attention of Con- deliveries early in 1980, the shipments became massive in period November i930 to gress.

January 1981, wh<!n large arms shipments With these thought in mind, I suggest from tl1e communist bloc, particularly Vietthat all Members read the following press nam. were sent to Nicaragua for transshipbriefing concerning this incident by Elliott ment to El Salvador. It was at this time anr.!

December 20, 1985

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CONGRESSIONAL RECORD- Extensions of Remarks

for this reason that President Carter sus- Popular Vanguard Party. He was acting as a pended U.S. economic aid to Nicaragua and courier for the S&lvadoran Armed Forces of commenced military aid to El Salvador. At Liberation. the FAL. The driv,;r, now under that tince three rather open methods were detetnion, has admitted to having been used for shipping arl"IlS: aircraft-for both tra;ned in Cuba in "political subjects" from airdrops and landings in El Salvador; l:lrgc September 1981 to June 1982, and to having semi-trailers-for the overland route from made an earlier courier run in the same vehicle in July 1985. His route on the previous ~Iicar~gua through Honduras; a.nd small vehicles for tnnsport into El Salvador. <Pho- . run went from Costa Rica. to Nicaragua, to t06Taphs of one of these trailer trucks are Hondurm; to El Salvador.

These photographs show .the concealed printed in the State Department publicacompartments and the following materials tion. "The Sandinista Military Build-up.") contained in them: After the arms shipments of late 1980 and Ammunition: 7,000 rounds, sufficient to early 1981 were e;>posed, the Nicaraguans and Salvadoran guerrillas turned to other equip a platoon sized unit (30-50 men> for a means. The empha,is sv1itched to transpor- major assault or several smaller operations; 86 electric blasting caps, which can be tation over tile Gulf of Fonseca, and automobilts and small vans on the overland used to make 86 home-m2.de bombs or imroute. As with the earlier trailtr trucks, li- provised explosive devices. There have been cense plates and vehicles registered in other over 400 bombings in El Sa.Jvador in 1985 countries, such as Costa Rica, Guatemala alone, with an increasing shift to urban acand Honduras were frequently used to allay tions; 20 fragmentation grenades used to kill or suspicions of border guards.

As Salvadoran surveillance on the Gulf of incapacitate personnel, or as mines a.nd booFonseca improved and arms were seized bytraps. Also a terhmite grenade used to deafter landings, the Sandinistas and the stroy machinery or as an incendiary device; 17 grenade fuses; Fl'JIL.."< have again changed the sea routes.

Communication gear: Two base station using larger boats on blue water outside the Gulf of Fonseca, then transferring ship- radios used for communication over long ments under cover of darkness to small distances with units in the field and ten boats which are unloaded at safe locations walkie-talkies for use between platoon leadon the Salvadoran coast. The arms ers. Computer-generated Encryption pads: smugglers are informed by guerriiia radio of used .to encrupt and decode communica. the loca.tions of Salvadoran army patrols as tions; US$27,400 in hundred dollar bills. Worth the boats approach the coast.

Today, the transport of arms.by vehicle over a quarter million Salvadoran colones has become quite sophisticated. In Mana- on the black market, enough to support gua, there is a shop for modifying vehicles 250-500 combatants for a month; Medical materials, typically associated to add sniall secret compartments like those found in the Lada. Frequently, vehicles with combat field hospitals; a.nd Over 20 assorted documents, mostly perbegin their trip in Costa Rica, pick up their cargo in Nicaragua, pass through Honduras sonal letters from Argentina, Spain, Nicarainto El Salvador or go to Guatemala before gua, Cuba, and the Soviet Union.

The use of autos and other vehicles for going to El Salvador, and finally, after unloading, en to Mexico. Then after a week or the transport of explosives-and communicatwo the vehicle returns to Costa Rica. For tions equipment, as well a.s ammunition and ·example, according to its driver, the Lada other small-scale items, has been known for vehicle captured on December 7 would have some time. The sophisticated construction gone into El Salvador after pa.~sing through of the concealed compartments, as seen in Honduras. Another variant on the routes the photos, has eluded normal detection used is to off-load the arms and supplies in measures. Short of the actual dismantling Honduras for storage and subsequent ship- of every vehicle crossing a border, it is hard ment to El Salvador via small vehicles, pack to identify which vehicles are smuggling materials for the guerrillas. It is, in fact, animals. and in backpacks. completely fortuitous that this physical evi· THE ACCIDENT dence of something we have known through On December 6, a Lada automobile bear- intelligence for a long time has come to ing Costa Rican plates crossed the border of light.

Costa Rica into Nicaragua. On December 7, In a similar incident last month, Guatethe same vehicle entered Honduras from malan authorities picked up an individual, Nicaragua on the Panamerican Highway be- arri\:ing by air from El Salvador, who had in tween Nicaragua and El Salvador. Shortly his possession $30,000 iiJ. U.S. $100 bills. He thereafter, it suffered a blowout and was turned over to Salvadoran authorities, crashed in the small town of La Leon<>., Hon- who have detennined that he is an intelliduras. Both the driver, Elias Solis Gonzalez, gence officer for the Communist Party of El and his passenger, Martha Espinoza Espin- Salvador <PCES) and was trained in the oza, were injured, and the woman i3 hospi- USSR and Cuba. He had been a resident of talized in serious conditon in Honduras.

Managua for five years at the time of his Local police, noting the Costa Rican arrest, and since September 1984 had been plates, notiiied the Costa Rican consular traveling to Guatemala City approximately representative. During the police inspection every three months to deliver between of the vehicle several wires were discovered $20,000 to $30.000 to the PCES. He is conprotruding from the air conditioning duct. tinuing to cooperate with Salvadoran auThe wires turned out to be parts of blasting thorities, and we ca.nnot share with you all caps. Later, in the course of a more detailed the inform2.tion he has provided thus far. examination in Tegucigalpa, the authorities However. what is clear is that he was a found several concealed compartments in highly trusted member of the guerrilla the Lada, which cor.tained ammunition, gre- movement, and no mere courier for the Salnades, communications and encryption ma- vadoran Communist Party. terial, mcney-$27,400 In U.S. currencyThe .Sandinista regime will undoubtedly medical supplies, personal letters to individ- deny its involvement in this incident, as it ual guerrillas fighting in El Salvador from has always denied any involvement in logisrelatives in the USSR. Cuba and other coun- tical support for subversion, from anns tries, and instructions to the front commu- transfers to provision of command and connications officials from the head of the FAL trol facilities for various terrorist groups.

In his April 21. 1985, affidavit to the Communications Section.

The driver of the Lada was a Costa Rican International Court of Justice in the Hague, and a member of Costa Rica·s communist Foreign Minister Miguel D'Escoto claimed

that his government "is not engaged, and h2-> not been engaged, in the provision of arms or other suppEes to either of the f;:;,ctions engaged in the civil war in El Sah·c.dor." He insisted that t!1e policy and practice of t.he Sandln~sta regime is to pn~vent the usc of Nicaraguan territory as a conduit for arms or ·other military supplies to t5U<.Orrillas, and assured that the policy would continue in force. Nevertheless, the evidence that puts the lie to thoGe denials and assertions continues to mount. The vehicle that I have sho<.vn you is only the latest evidence which demunstrates that D'E:;coto and the s~.ndinista regime simply !i~d to the World Court. The Sandinista regime is the vital link in the transfer of weapons, supplies. and money to the Salvadoran gtJerrill:;.s.

STANLEY BURNS

HON. STENY H. HOYER OF MARYLAND

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. HOYER. Mr. Speaker, I would like to bring to my colleagues' attention the attached article from the Baltimore Sun magazine on Stanley Burns of Chase Manhattan Bank .. As you are probably aware, Maryland has had a significant problem in the past months with the failure of a few savings and loans. The Governor and the Maryland General Assembly have been working diligently to remedy the problem and have looked to the banking and savings and loan industry for assistance.

During a special session of the Maryland Gener<J Assembly the Chase Manhattan Bank was given banking privileges in Maryland in return for their assuming control over and the liabilities of three of the State's troubled savings and loans.

The attached article is an excellent story about Chase's new president in Maryland, lUr. Stanley Burns. We in Maryland welcome both Mr. Burns and Chase to our State and look forward to a productive and longlasting relationship with them.

CHASE'S MAN IN MARYLAND (By Susan Antilla) NEW YoRK.-It was the start of the July 4th weekend, and Stanley T. Burns and a.n entourage from Chase Manhattan- Corp. had one thing on their minds: to get back to their families in New York and ca.rry through on promises of weekends in the mountains or at the shore. Late negotiations with S&L officials in Bethesda caused them to miss the last shuttle out of Washington on Wednesday night. The trip to National Airport the next day meant even further frustration as the ride through the capital placed them in the middle of a 6 a.m. traffic jam-the Beach Boys were setting up for a July 4th concert. They finally got to Natienal Airport only to discover there would be no flights for another 2 1/2 hours.

"There were other times when we missed the la.>t shuttle or train out, and those things get to be wearing," Mr. Burns SF.ys.

"You get into a long negotiating process a~d it bums up a lot of mental energy."

Mr. Burns, 41. was chief of the Chase team that finally tied up deals with the Maryland State Legislature, Friendship-Savings and Loan of Bethesda, Chesapeake Savings and Loan of Annapolis, and Merritt Ccmmerci2l Savings and Loan of Baltimore.

E 5.842

CONGRESSIONAL RECORD- Extensions of Remarks

The three banks have been merged into the cause it puts him in charge of all banking new Chase Bank of Ma>:yland. now head- activity in a major market.) His group already had decided that the Maryland quartered at 300 N. Charles St. His long hours and personal frustra.t.ions market would be a priority for bank expan· apparently paid off: Chase honchos named sion. so when the S&L crisis erupted last the Tennessee native president of the new May, they saw it :as "an alternative entry Chase Bank of Maryland on Oct. 31;reward· route." Mr. Burns says. Chase representaing the 19-year Chase veteran for his moves tives testified at the special legislative sesto quicken the bank's entry into the ! ucra- sion from the very start, and both the bank tive Maryland market. and the o;overnment set ground rules.

"He endeared himself with all of those "\Ve were told we would have to acquire with whom he was workir.g," said senior vice either Old Court or Merritt," Mr. Burns represident Joseph Harkins, Mr. Burns' boss, members, explaining that Merritt became who had a big say in the decision to tap him Chase's choice because Old Court "was a lot for the jcb. "Stan was always the guy to run bigger and more complicated." The ground it. He's got managerial capn.city and 2. warm. rules set by Chase for the state were that comfortable style that fits in with the com- the bank wanted more than one S&L, '·in munity. He knows the innard.> of the banks order to put together a reasonable package" he acquired. And he is familiar with the net- with a mix of assets, geographic diversity work in Chase Manhattan." and a strong deposit base.

A big plus boosting Mr. Burns waB his In the months between May and the end quintessential Chase style. For this inter- of October, when Chase's deal was finally view, his pLTJStriped suit, white button-down sealed, a big point of disagreement was collared shirt and tasseled loaders left little whether Chase should get $25 million from doubt that he favors a classic banker's uni- the Maryland Deposit Insurance Fund Corform. His office in New York is a textbook poration.

On Oct. 17, which happened also to be Mr. exa.mnle of what ex-Chasers refer to as "the Chase Look"-a spartan, no-frills image th~t Burns' birthday, the deal's potential took a dictates everything down· to the paintings negative turn, as a frustrated Ch;;.se group picked up and returned to New York. ··we on the wall.

The image is also that of the totally orga- finally got to the point in Annapolis of nized person: blank yellow legal pad, mes- saying our deal is on the table and it's our sage slips neatly stacked and sharpened pen- best deal," Mr. Burns remembers. "There cils, all pointing up from a nondescript was a certain view that Chase was unwilling pencil holder. A polished apple offers a lone to compromise. . . . But there had been splash of color in Mr. Burns' otherwise quite a lot of compromise from the beginstark surroundings. Even :Mr. Burns jokes ning." that one friend at Chase has said he'd Some colleagues of Stan Burns say it was prefer having emergency surgery on Mr. a particularly tough tit·ne for him. "When Burns' immaculate desk to any other flat you're a business person and you see logical busine:;s reasons for doing things, but you're surface.

Current and former Chase i..."lSiders say the operatL11g in a political environment, it can ·corporate culture dictates other behaviora:J be frustrating," ~aid Chase senior vice presiprinciples. "You'll find that Chase will tell dent Fredric Figge II, who started his Chase you nothing about anything-yo~·n never career with Mr. BUrns 19 years ago. know where anyone stands," said one defecWhile the s1ow-moving political proces:; tor. Indeed, Mr. Burns, who launched the continued to threaten Stan Burns' business Chase ethics program, would not discwss his plans, the chorus of those accusing him of views on ethics in American business gener- an uncompromising stance grew louder. Mr. ally. A..1.d despite his i...'1volvement with pro- Burns. however, says many compromises grarr>..s that marry the liberal arts g!·aduate had been made along the way. "It was very and the corporation, he did not wish to talk hard for me person~Jly to hear people say about any business world shortcomings in that Chase wouldn't compromise when I the hiring of liberal arts grads, either. One had spent two months negotiating and we former Chase manager describes Mr. Bt:rns really had done a lot L11 that regard," he as the ultimate Chase politician-an exec says. "For one thing, we did not want the who's made it his business never to step on Merritt Tower and ended up agreeing to toes or make an enemy: take it."

Right now. it is in Mr. Burns· intere~t to Chase did not want to take over an unfin· make sure that things go, smoothly-per- ished, 'unleased building, Mr. Burns exhaps to rock the boat even a little could dis· plained. But Chase went along with the tract from a high corporate priority. The state's request anyway, agreeing to take Maryiand venture is extremely important In Merritt if no bidder- could be found for a a larger Chase plan to expand regionally, minimum of $30 million. Ultimately, the and many management eyes will be focused building was sold for $31.5 million to a New on Mr. Burns as he develops his plan to York construction co:r..pany. make this region profitable.

Although Mr. Burns will tell you, "I be· Said Mr. Harkins, "This is a very signifi- Heved we would be back" after heading back cant step [for Mr. Burns] simply because it to New York and leaYing a Chase deal on is on the cutting edges of the way in which the legislative table, Mr. Harkins confesses the bank is moving to expand itself nation- "it was very hard to tell if it would go ally." Chase recently annot;nced an agree-. through." State Senate President Melvin A ment to acquire Continental Bancor of Ari- Steinberg, D-Baltimore County, chailel:lged zona, which owns Arizona's sixth largest the idea of Chase getting $25 million from bank. New York-bB.Sed Chase Mani1attan the Maryland Deposit Insurance F\md, part Corp, owns the Chase MP.nhattan Bank, of the deal agreed to by state officials. which is the third largest bank in the The negotiations became such a regular United States, with more than 300 branches part of W<'ekend conversation that Mr. in New York state. The bank has assets of Burns' young son became familiar with the $88 billion and is represented in more than players. "One weekend Bryant. who's 4, came in and handed. me his toy phone," 100 countries.

StanleY Burns first became involved in a mimicking the familiar weekend scene of potential acquisition of the Maryland S&Ls seeing his father in constant business disbecause, as vice president and e::u;tern re- cussions. ''He said, 'Dad, it's Mickey [Stein· gional manager of Chase's commercial berg],'" Mr. Burns remembers. "Bryant 'sectN. Maryland was within his jurisdiction. started carrying his own phone around the <The appointment to president of Chase of house," he says-in classic child-imitati.ngMaryland is considered a significant step be- parent style_

December 20, 1985

All the Burnses--Sarah. 8; Anna. 2; Bryant, and Mr. Burns' wife, Christa-are looking forward to the move to Ma.ryland, he says, Though Mr. B1.1rns is ·already spend· ing most of his time in Maryland, the rest of the family will head south in January, after Mrs. Burns leaves her job "-" minister of the Plymouth Congregational Church in Brooklyn Heights, where they now live. <The two met at the Madison Avenue Presbyterian Church, where Mr. Burns wr.s an elder 10 years ago. Christa was a graduate student n.t Union Theological Seminary. He says the family has "a very strong commitment to the church," but lest their zeal be misunderstood, a friend adds. "They're normal, levelheaded people. They are not handing out p~mphlets on the corner.'')

Mr. Burns, the new project is a m.tu· ral, because it draws on his natural business instincts to build-something that has gained him professional :recognition from Day 1 at Chase. Consider these roles: Mr. Burns revamped an out-of-date Chase trair:ing program to turn the focus from oldfashioned commercial lending to a more upto-date financial services orientation: he walked into Chase's real estate investment trust mess in the 1970s and helped clean that up, and he built a financial analysis di· vision in the late 1970s to examine problem loans in the bank's portfoiio and decide how to handle them.

In fact, Mr. Burns likes to desc:·ibe himself as a builder, and says that Chasewhich hired him right out of Duke University <B.A., political science) in 1966, gives him the chance to do what he does best. "One of the things I like about Chase is that you can go into different kinds of places and do diiferent kinds of things. It's different than going to one place and becoming a master of one thing and doing that same thing better than anyone else year after year after year."

In this project. he plans to zero in on m~dium-sized Maryland companies for corporate lending, he will expand real esta.te construction lending en the commercial side, and shoot for "a variety" of products to woo the retail customer, from auto loans to mortgages to deposit-based offerings, While the Ma!'yland move means the tradeoff of leaving N'ew York <riding the Beltway each day ·as opposed to walking across the Brooklyn Bridge) and relocatii1g ·a wife who is advancing in her ministerial career, Mr. Burns says it's the perfect opportunity right now. "I like moving around a little bit and doing new and different kinds of tl1ings. I enjoy building ne;v things no matter what the new thing is. And Chase Maryland is clearly gonna be a new thing."

To

EXTEND GRAZING FEES

HON. THOMAS A. DASCHLE OF SOUTH DAKOTA

IN TEE HOUSE 0~ REPRESENTATIVES

Thursday, December 19, 1985

Mr. DASCHLE. .Mr. Speaker, I rise to call the attention of this bod}· to the need for an extension by the President of the grazing fee fol'mula for livestock on Forest Service and Bureau of Land Mamigernent lands, as set forth in Public Law 95-514.

Section 6(a).

The grazing fee formula, wllich expires on December 31, was devised ill 1!l78, after extensi;·e negotiations i;wolving agriculture, environmental groups, Congr<oss, ami the executive branch. It is designed so that

December 20, 1985

CONGRESSIONAL RECORD- Extemiom of Remarks

as livestock industry income increases, so does the fee received by Government. In difficult times when the income of the industry is down, the fee is adjusted downward so the industry can survive.

Bipartisan negotiations have been going on in the Congress for many months, inloh·ing interest g•·oups as well as public officials, in an attempt to devise a legislative solution for future grazing fee policy.

These negotiations, which affect grazing fees and rights on more than 307 million acres of Federal land, have not been successful. It is my concern that the lack of a fruitful outcome to these negotiations not · have a negative impact on an important part of our economy already facing hard times.

I know that other Members feel as I do, and ha1·e joined in the effort to persuade the President to direct that the fee system be extended. I hope that other Members will add their voices to this end as well.

Livestock ·producers who are dependent on access to publicly owned grazing lands have not escaped the problems facing other segments of agriculture. The livestock industry is undergoing its worst economic condition since the Great Depression. Extension of the current grazing fee formula would provide it with the opportunity to plan for the future and find ways to survh·e the current crisis.

FAIR LABOR STANDARDS AMENDMENTS

HON. AUGUSTUS F. HAWKINS OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 :'\tr. HAWKINS. Mr. Speaker, the Houserecently adopted the Fair Labor Standards Amendments of 1985 following the resolul.ion of certain differences in the committee of conference which are discussed in the conference report (report No. 99-3S7). As you know, the President has signed this legislation into law.

As chairman of the Education and Labor Committee and the chairman of the conference, I played a lead role in the drafting of the language of the bill. Throughout that process, J was particularly concerned about !he antidiscrimination provision in section 8. Specifically, I and other members of the committee wanted to ensure that the new language contained in the Fair Labor Standards Amendments of 1985 did not result in a narrowing of the current court interpretations of section 15fa)(3) of the Fair Labor Standards Act. That provision has been consistently construed to protect victims of discrimination or retaliation who had, prior to such treatment, taken formal steps to challenge alleged violations uf that act as well as individuals who had not taken such steps.

A number of discussions were held concl·rning the rights and protections afforded employees under section 8 of the bill and under section 15(al(3) of the Fair Labor Standards Act. It was. and is our intent that these statutory provisions be applied in a liberal fashion to safeguard employees from discrimination, consistent with the remedial purposes of the stat.ute.

In this regard, I wish to include in the record a letter I received from the office of the general counsel, International Association of Fire Fighters, which examines the liberal construction given to section 15(a)(3) by the courts. I believe the analysis in this letter, and the courts' decisions mentioned in the letter, properly reflect the broad coverage and intent of section Hi(a)(3). The letter follows: INTERNATIONAL ASSOCIATION , OF FIRE FIGHTERS, Washington, DC, November 8, 1985.

Hon. AUGUSTUS F. HAWKINS, Rayburn House Office Building, Washingtop.. DC.

DEAR CHAIRMAN HAWKINS. I am writing to confirm discussions held with members of your staff during the last several weeks concerning H.R. 3530 and S. 1570 in which the general viewpoint was expressed that a liberal construction should be given to the employee protections against discrimination affored under Section 15(aH3l of the Fair Labor Standards Act <FLSAl. This viewpoint is supported by the remedial purposes of the FLSA and a growing body of court decisions.

Although the precise statutory language in Section 15<al<3l addresses discrimination against an employee who has filed a complaint with the U.S. Department of Labor of instituted proceedings or given testimony in proceedings under the law, the courts have broadly interpreted Section 15<aH3l and extended its protections to the victims of employer discrimination who have not taken such formal steps. In essence, a number of courts have determined that the important safeguards available under Section 15(a)(3l should be applied to an employee's unofficial assertion of rights. such as complaints to his or her employer.

Court ruliilgs in cases brought by the Labor Department and individual workers illustrate the liberal reading given to Section 15<aH3l in a wide variety of circumstances. For example, in Ma.rshall v. Georgia Southwestern College, 489 F.Supp. 1322 <M.D. Ga. 1980), a plaintiff complained to her employer of a possible violation of the Equal Pay Act <a part of the FLSAl. The employer fired her husband who was also an employee. The Court agreed with the Secretary of Labor's position that the discharge contravened Section 15<aH3 ), expanding that provision to encompass not only a com· plaint to one's employer, but also retaliation aimed at the worker's spouse. Iri Hodgson v.

Yinger, 20 WH Cases 78 <S.D. Fla. 1971). the court held that the FLSA protected employees wlio merely declined to return their back pay checks which were given to them as a consequence of their employer's earlier violation of the Act. In Berry v. Andrews, 535 F. Supp. 1317 <M.D. Ala. 1982>. the Plaintiff worker had "contacted" the Labor Department about nonpayment of wages but there was no indication that he had filed a complaint with the agency. Nevertheless. the court ruled that the employee could maintain an action for wrongful discharge under Section 15<aH3l. Similarly, in Bonham v. Coope1· Celler Corp., 475 F.Supp.

98 <E.D. Tenn. 1979>. the district court concluded that Section 15 <al<3l is violated if a factor in an employee's termination is the individual's assertion of rights, either officially or in complaints at work.

The circuit courts of appeal have also con·strued Section 15<aH3l in a broad manner. in Love v. RE/MAX of America, Inc. 738 F.2d 383 <lOth Cir. 1984), an employee sent a written note to the employer's president alleging that men were being paid more than women and appended a copy of the

E5843

Equal Pay Act. The court found that her subsequent firing violated Section 15<al<3> because that pro\·ision covered an employee's unofficial assertion of statutory rights including complaints to an employer that later tum out to be mistaken. In Marshall v.

Parking Co. of America-Denver, Inc., 670 F.2d 141 <lOth Cir. 1982>. the court held that Section 15(a)(3) safeguards workers who refused to release their employer from back pay claims and were tem1inated. The Eighth Circuit Court of Appeals determined in Brennan v. Maxey's Yamaha. Inc.. 513 F.2 179 <8th Cir. 1975) that Section 15<a><3l governed a situation where an employee was fired following her refusal to endorse her back pay to the employer. In Bush v. State Indus, Inc., 599 F.2d 780 <6th Cir. 1979l. the Sixth Circuit indicated approval of Section 15<aH3l protection where an employee was discharged after he complained to his employer about not being given overtime compensation.

The foregoing decisions are consistent with the well-established principle that the FLSA, in general, is a remedial statute which should be construed broadly in favor of the employees It was designed to protect.

As the Supreme Court has stressed, the rights guaranteed by the FLSA should not be applied in a narrow. grudging manner, Tennessee Coal, Iron & R.R. Co. v. Muscoda Local No. 123, 321 U.S. 590, 597 <1944).

Accord: Goldbert ·v. Bam a Mfg. Corp., 302 F.2d 152 <5th Cir. 1962); Wirtz v. Home News Publishing Co., 341 F.2d 20 <5th Cir.

1965).

In the context of section 15<al(3l, it would' clearly be inappropriate if an employer was insulated from liability if it quickly retaliat.ed against a worker prior to the individual's actual pursuit of enforcement measures with the Labor Department. Carrying that notion to its logical extremes. an employee who first informed his or her employer about possible FLSA violations would not be protected from discrimination as long as the employer acted before the filing of a formal complaint. The provision, however, would protect an employee who chose not to try to resolve the matter first with the employer and instead submitted a complaint directly to the Labor Department. Such a result defies common sense and is plainly inimical to the purposes of Section 15<aH3l.

As stated in the discussion with your staff, the language adopted in Section 8 of H.R. 3530 providing protections against discrimination to employers who '"asserted coverage" under the FLSA should be given at least the same liberal construction that the courts have generally given to Section 15<aH3l. Accordingly, the second sentence added in Section 8 of the bill as reported out of the Conference Committee (concerning the scope of protection after August 1, 1986 for employees who have taken actions described in Section 15<aH3)) will not reduce the range of employee protections in light of the broad reading the courts have given to Section 15<aH3l.

We trust this confirming Jetter will be helpful to you and the other representatives who fashioned the anti-discrimination provisions of H.R. 3530.

Sincerely yours, THOMAS A. WOODLEY, Office of the General Counsel. International Association of Fire Fighters,· AFL-C!O.

E5844

CONGRESSIONAL RECORD- Extensions of Remarks

December 20, 1985

THE TEXTILE BILL

But, as they say, all good things must people have lost jobs in the industry over the last 10 years. It is dear to anyone· that come ·to an end, and so it is with Tom's we have got to do something or we are not outstanding and dedicated service to the HON. ROBIN TALLON going to have a textile and apparel indus- House of R'i:presentatives and to the minor· OF SOUTH CAROLINA try. ity party with which he was assuciated.

IN THE HOUSE OF REPRESENTATIVES I want to go back to the question of pro- Tom has richly earned tne retirement upon Thursday, December 1,9,·1985 tectionism, which seems to be the adminis- which he is about to embark. I wish him Mr. TALLON. Mr. Speaker, dJ!r-ing rl'cent tration's big-gest problem with this bill. Last nothing buf the best as he leaves this body.

May his retirement be as rewarding as wl'eks, the attention of the American public year, imports captured nearly 50 percent of ha.s been focused on crit.icai legislation in· the U.S. apparel market. With all the agree- his many years of service here in the House volving tax reform and a balanced budget ments in place, combined imports of tex- have been. which will have an effect on the lives of all tiles and apparel increased by 32 percent.

Americ:ms. And, Mr' Speaker, in the midst In 1!183, imports increased by 25 percent.

THE WALL STREET JOUR.NAL'S of all the rhetoric and debate. the tragic Meanwhile. the big five exporters still conREJOINDER IN THE YELLOW trol over half of the U.S. textile and apparand costly decision to veto the textile hill RAIN DEBATE el fabric market at the expen3e of de;•elopwent almost unnoticed. . \\'ith one stmke of a pen, the jo!>s of ing countries that were to benefit from the HON. JIM COURTER thousands of American textile workers and agreements. Ob,;iously the agreements are OF NEW .JERSEY the well-being of their families and commu- not working. They cover only about 65 pernities were sacrificed. The bi!l that the cent of imports and set quotas only on L~ THE HOUSE OF REPRESENTATIVES President vetoed was a bill of practicality- some uroducts from certain countries.

Thursday, December 19, 1985 The- agreements are full of loopholes ala bill which would-merely protect and enMr. COURTER. Mr. Sp.,aker, an imporforce already existing trade agreements. To lowing fraud, mislabeling, transshipment of justify this sacrifice, the administration garments from one.country to another and tant extension of the debate over Sovil't summoned up the tired and outdated myth other ~-iolations of the letter and spirit of and Vietnam!'se use of chl'mkal warfare international trade agreements. This legis- was published recently by th;: editors of thl' - of free trade.

The theory of free trade has been made a lation just d{lses some of those loopholes Wall Street Journal, and the essay deserves the attention of all the Members of the mockery by the unfair trade practices of and enforces exi~ting agreements.

Sadly, I watched the national news re- House. I ask that it be. rl'ad into tod:::y's other nations and the reluctance of our ports with stories from countries like RECORD. own Government to enforce· our existing Singapore, Hong Kong, and Taiwan, and [From the Wall Street Journal, Nov. 4. trade laws. Where do unemployment, forthey were all praising the Prl'sident's deci1985] eign quotas, controlled forl'ign markets, sion. There sure isn't anything for the WHO SPEAKS FOR SCIENCE? and unenfol'ced cu3toms ·rl'gulations fit American textile and apparel worker to be Several science magazines have been beatinto this theory of free trade? The adminis- happy about. This is an absolute tragedy, tration needs to understand that the stakes not only for their industry, but for the ing up on us for having the presumption to notice that a prominent scientist wears no involved in this struggle to pass the textile entire.Nation as well. clothes. They demand to know what credenand apparel trade bill are much larger than It's up to the President now. He has tials we ha\·e. for making such a statement. theory. I would like to refer you to re- promised that he will look into the charges The scientist in question is Harvard biomarks made by Roger Milliken, chairman that our trading partners are not living up chemist Matthew Meselson. intellectual of Mi!liken & Co.. on Friday of last week. to the original agreements. He said he godfather of the 1972 biological-weapons We are talking about the transfer of eco- would tighten administrative and enforce- treaty and also of the "bee feces" .thesis. nomic strength to other nations and the re- ment procedures if the charges are found This holds that "yellow raL.'l" in Southeast Asia is nothing but bee droppings and theresuiting decline in American power. Our cause is the cause of two million workers in to be true. The ball is entirely in his court fore the Soviets haven't violated Prof. Metextiles and apparel and two million more now, but I can promise you that I am going selson·s treaty.

Mr. Meselson and his co-a1.;thors recently who gab their livelihood from serving to be watching closely to see if the administhem. The majority of elected representa· tration lives up to its promises. If they reasserted this thesis in Scientific American. tives from all over the United States have don't, I for one, will be working hard to get But in "The 'Bee Feces· Thl'ory Undone'· supported the textile/apparel bill. We may my colleagues to join ml' in a bipartisan <Sept.6J. our William Kucewicz observed the real significance of this article: that the 1\'Iebe ahead of our time with this bill. but I effort to override this. veto. selson group had failed in its efforts to find think not. If the bill is vetoed. and I pray it yellow-rain toxins in bee droppings, that it will not be, we. the coalition. are determined not to stop fighting. We will g() baek and try failed to report these negative findings in its A SALUTE TO TOM article, and that the notion that the toxins to get an override. first in the House and WINEBRENNER "were natural products had collapsed. then in the Senate. This will be very diffiThis "materially misrepresented" the articult. If we cannot, we wi1l be there all next SPEECH OF cle. wrote Scientific American editor Jonayear. I want you to know this is a total comHON. CLARENCE E. MILLER than Fief in a complaining letter. Mr. Piel mitml'nt. We will prevail.

OF OHIO denies that "Prof. Meselson once took the Mr. Speaker, this veto suggests an uncarposition that trichothecenes are a naturally IN TliE HOUSE OF REPRESENTATIVES ing attitude toward this tragic situation. occurring contaminant of bee feces. Prof.

Wednesday, December 11, 1985 More than 300,000 American workers have Meselson cited this as one of several possi· lost their jobs over the last 5 years due to Mr. MILLER of Ohio. 1\ir. Speakl'r, it bilities in 1983." the surge in imports of textiles and apparel. was with mixed emotions that I treated the "The Journal has succeeded in missing The veto also completely ignores the work· recently announced retirement of my good the main points of the scientific arguments involved."

Chemical & Engineering News ers in our Nation's remaining textile and friend Tom Winebrenner. apparel· factories-many of which are I can recall, as if it were only yesterday, editor Michael Hey lin wrote in an editorial. barely holding on against the tide of im- my first visit to the Cloak Room as a newly "As indicated in the Scientific American article, there is no clear proof of widespread ports flooding our markets. elected Member. Like most new Members mycotoxin poisoning in Southe3.st Asia from I believe the President got some very bad without past legislative experil'nce, the any source." advice this time. His advisers claim that the system at first appears a little overwhelm"The Wall Street Journal. widely acbill is protectionist. I don't know about ing. There are a lot of questions to ask and claimed as one of the best newspapers in the you, but it doesn't bother me at all to try to a lot of rules and procedures to learn. I world. seems to have a quirky streak that it protect our communities and standards of found early on that a good pl'rson to guide should exorcise." advised an editorial in living. I don't see it as protectionism; it me through the maze wa;, Tom. Always ac- Nature magazine. In Journal editorials. it r!'aOy is bordering on desperation now. cessible, always available to lend a helping observed. "President Reagan often cor.1es through as a kind of 'pinko: " It concluded.

In South Carolina ·alone, over the past 5 hand, Tom quickly proved to be a reliable "What the bee theory does however do is to years, 56 textile manufacturing plants have and responsible source of information and discrectit the investig·ati.ons on which allegaclosed and 33 apparel plants have been assistance. and he has remained go ever tions of the Soviet use of biological weapons forced to shut down. Moreover, 45,000 since. have been based."

/

December 20, 1985

E 5845

CONGRESSIONAL RECORD- Extemions of RemttYks

The wisdom of science, as recorded by these magazines, then is this: <1 l The theory that bee feces contained trichothecene mycotoxins never existed, <2) there were no trichothecenes, and <3l no one died.

Now, part of the problem here is epistemological. The methods of science are very good at dealing with the replicable events of nature, but we do not usually apply the scientific methods of evidence to practical human affairs. Unlike planets or atoms, humans can change their behavior. The Yellow-rain attacks _have apparently stopped, for example, an accomplishment for which the Reagan administration and The Wall Street Journal -can claim some credit. In dealing with the deviancies of human behavior, mankind has not usually applied science but has over the centuries evolved different systems of proof and evi· dence.

The American Bar Association convened its House of Delegates in July, and among the business was a report and recommended resolution from its Standing Committee on Law and National Security. For two years the committee has had a working group studying the treaties on chemical and bio, logical warfare. The resolution, unanimously approved,- expressed concern over "the substantial evidence" of chemical attacks in Afghanistan and Iran, and ··of the illegal use of lethal and incapacitating chemical weapons and toxins.by Vietnam and Laos in Southeast Asia."

Lawyers, unlike scientists, are accustomed to dealing with human testimony. The Standing Committee's report details the accounts of H'Mong tribesmen being attacked by airplanes and helicopters showering them with sprays of- various hues, but mostly yellow ones. It describes how the symptoms reported by these stone-age peoples correspond to those of obscure trichothecene poisoning. It descibes the detection of trichothecenes L'l environmental samples from attack sites. It notes that "blood and urine samples of H'Mong refugees who had reported exposure to yellow rain and experienced the symptoms were found to contain traces of these toxins."

By the standards of evidence we usually apply to human affairs, this is an overwhelming case. The ABA report notes that "Dr. Meselson's theory is that yellow rain is nothing more than pollen excreted by bees in their cleansing flights and trichothecenes are probably a natural phenomenon infecting good in Southeast Asia." But it adds that this does not explain away the testimony: "there never have been a single, report of bee feces causing deleterious effects to humans or animals in Southeast Asia, or any other regioi1 of the World." · In all, the Standing Committee concluded, "A review of the available evidence indicates that a variety of chemical and toxin agents have been used against the H'Mong people in Laos, the Khmer groups fighting the Vietnamese in Kampuchea since 1979, and the Mujaheddin in Afghanistan." This conclusion-which to our knowledge is shared by a bipartisan consensus of informed congressmen, throughout the political spectrum of the defense community and privately by foreign governments-is what any practical man would conclude after looking at the body of evidence.

Some questions do seem worth debating.

For whom do these science magazines speak? What is science, anyway? Can it really be so dense?

The burden of the Meselson Scientific American article is this: The H'Mong testimony is not consistent. The number of samples testing positive for trichothecenes is small. only six environmental samples. Positive tests have not been achieved in Army

laboratories, only by two university investigators. Indeed, one positive sample tested a year later by the Army came up negative.

The samples include pollen. Cleansing flights of bees result in pollen deposited in yellow spots. Therefore, "We conclude that yellow rain is the feces of honeybees, not an agent of warfare."

Let us first of all record a few facts: The Army lab has found trichothecenes on a Soviet gas mask taken in Afghanistan; it has not been examined for pollen. Chemical & Engineering News itself reported a finding that a related mycotoxin decays in samples held for long periods. In addition to the six environmental samples there are blood, uri.ne and other biological samples from at least 20 people, briefly mentioned but never discussed in the Meselson article. But cavils aside, what in the Scientific American arti· cle can be proved one way or another by science?

The one thing readily accessible to the methods of science is whether trichothecenes were found by the university laboratories. This is of course no small point, espe· cially now that everyone agrees that the trichotheccnes found in Southeast Asia are not a natura1 product. If they were every there they must have been introduced by someone. Indeed, the real question becomes.

How did .trichothecenes get into the blood of the same people who say they were attacked by yellow rain? To deal with this, the Scientific American article has to suggest that the university scientist may have detected trichothecenes where none existed.

How does a scientific discjpline determine such an issue?

First, science would examine the credentials of the scientists for relevant expertise.

The Meselson group had to send its samples out for analysis because none of its members claimed the laboratory competence. _Chester Mirocha of the University of Minnesota, who ran the positive tests for the government. has long been recognized as a leading authority on trichothecenes. Jo.~eph Rosen of Rutgers, who also got positive tests. was first involved in the issue when ABC News chose an independent scientists solely on the basis of laboratory skill. Their labs routinely test dummy control samples and have never reported a false positive.

Second. science would submit the results of the experts' tests to review by their peers-that is, by other scientists with a similar kind of expertise. If the tests passed peer review, they would be published in the scientific journal dedicated to the particular specialty involved. If all this happened, we could say that the findings had been authenticated by the best standards of science.

Mr. Mirocha's basic results have been published, along with the Army·s Sharon Watson's, in the Journal of the Association of Official Analytical Chemists and in Fundamental and Applied Toxicology. Mr. Rosen's results have been published in Biomedical Mass Spectrometry. Also, an autopsy report on a yellow-rain victim by Charles Stahl and Christopher Green, formerly o·f the Army and the CIA, respectively, has been published in the Journal of Forensic Science.

The editors of some magazines that profess to speak for "science," it seems, are too busy to read the peer-review journals. Perhaps they are spending too much time scouring our columns for accusations that Ronald Reagan is a "pinko." Alongside we publish the abstracts or relevant excerpts from the appropriate journals. in the hope that the science editors may find them here.

Other readers may want to take a peek as well, if only to judge how much credence to lend to the claim that our critics arc above political viewpoints or clan interests Rnd

speak from a purely objective expertise mere laymen dare not challenge.

TRIBUTE TO IRISH AMERICAN ORGANIZATIONS FOR THEIR EFFORTS IN DERAILING THE UNITED STATES-UNITED KINGDOM EXTRADITION TREATY

HON. MARIO BIAGGI OF NEW YORK

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 l\lr. BIAGGI. Mr. Speaker, in anticipation of the sine die adjournement of the 1st session of the 99th Congress, I wish to take note of something which the Congress did not give final approval to and fortunately so. I refer to the proposed Supplementary Extradition Treaty between the United States and the United Kingdom of Great Britain and Northern Ireland.

As chairman of the bipartisan Ad Hoc Congressional Committee for Irish Affairs, I have worked \'ery closely with a coalition of our Nation's leading Irish American organizations to keep this tready from bl'ing ratified by the full Senate. This effort has resulted in the tready, despite being signed by our two governments in late June, remains pending before the Senate Foreign Relations Committee.

I wish to especially salute three Irish American organizations for their effective and hard work in raising concerns about this treaty to the members of the Senate Committee and to all the Congress. The first of these groups is the Irish National Caucus. This organization headed by Father Sean McManus methodically and with great depth analyzed this treaty and presented its many flaws in such a way as to create deep concerns about its ratifica· tion. Similarly, the Ancient Order of Hibernians, the Nation's oldest and largest Irish American organization, has been outspoken in their opposition and resistance to this treaty. I would especially salute their fine national president, Joseph P. Roche, for his leadership in this effort. Last but certainly not least is the Irish American Unity Conference under the leadership of James Delaney. They were the central organizing and driving force behind the coordinated undertaken by Irish American groups in opposition to this treaty.

It was this unprecedented degree of unity among Irish American groups which I feel played a key role in the successful nonconsideration of this treaty.

The Supplementary Extradition Treaty is legally, morally and politically flawed. H is an unprecedented effort on the part of the British Government to try and 0\'etlurn recent United States court decisions which have recognized the right of a political offense exception as part of_ an Extradition Treaty between our two nations. The Supplementary Treaty has no disguise. It is an out and out effort to have the political offense category eliminated despite it being common to 90 other extradition agreements we are party to.

It i;; expected that the Senate will resume consideration of this treaty in the second session and may move to an early \'Ote.

E5846

December 20, 1985

CONGRESSIONAL RECORD- Extensions of Remarks

However we will continue to work to have have gone further. banning "happy hours" the treaty shelved or at the very least modi- and other promotions that. encourage irre: sponsible drinking. fied to refleet significant changes.

Leading the push for new drinking laws on the national and state level are grassPERSONAL EXPLANATION . roots organizations such as Mothers Against Drunk Driving <MADDl and its acronymical relatives: DADD <dads), SADD <students), HON. BILL NELSON T ADD <teachers). These organizations· OF FLORIDA names reveal their emphasis on teens and IN THE HOUSE OF REPRESENTATIVES young adults. t.he age group whose members Thursday, December 19, 1985 are most often killed-and k!ll others-in Mr. NELSON. Mr. Speaker, due to offi- drunk driving accidents.

Not coincidentally, 18- to 30-year-olds also cial business,· I was unable to be present and voting for certain rollcall votes on De- are the core·customer group for many restaurants and bars. They are the ones target' cember 17 and December 19, 1985. Had I ed by the drink discounters and "come on. been present', I would have voted "aye" on get happy" advertisers. But as these young rollcall Nv. 468, McHugh amendment to adults adopt more healthfUl life styies and H.R. 3838, tax reform; "nay'' on rollcall No. express outrage over their friends' deaths 470, Duncan amendment to H.R. 3838; on the roadside. restaurateurs may see their ·"nay" on rollcall No. 471, motion to recom- brisk sales drying up. mit H.R. 3838; and "aye" on rollcall No. The pressure for the restaurant industry 475, motion to approve the Journal. to reform its promotion of alcoholic bever· ages has been immense. Recently, owners have taken all o{ the painless stepg to RESTA1JRANT OWNERS SHOULD reduce alcohol-related traffic deaths: more HELP IN KEEPING DRUNK training on how to prevent customers from DRIVERS OFF ROADS getting drunk. designated-driver programs, free food and taxi rides when customers become intoxicated. The problem is that HON. GERRY SIKORSKI restauranteurs cite these meager. voluntary OF MINNESOTA steps as the reason why tougher drinking IN THE HOUSE QF REPRESENTATIVES law:; are unnecessary.

Thursday, December 19, 1985 I have a modest proposal for American Me. SIKORSKI. Me. Speaker, Minnesota restauran~ and bar Ow"Iler; Ban all promo· MotheJ:"S Against Drunk Driving [MADD] tions that encourage the rapid or irresponsi· •·ecently held a camielight vigil of remem- ble consumption of alcohol. then lobby your brance and hope for those who have died at state legislatures to make such promotions the hz.nds of drunk drivers on Minnesota's illegal.

"VJhy would I want to cut my beverage roads and highways. More than 603 family members and friends att.ended the vigil to sales?" restaurante'lrs may ask. The best and speak words of remembance and sorrow most obvious reason is that the customers are good ior business only as long as they for their loved ones. Through diligent and are alive. Another reason is that responsible heartfelt grassmots efforts, MADD has demand for alcohol remains fairly constant. made the public more aware of the devasta- Through drinking promotions such a,:, two· tign effects of drunk driving. Their efforts for-ones and all-you-can-drink specials. some have served as a catalyst for tougher State restaurants derive more tha.."l half of their and Fede1·al laws and tighter local enforce- sales from beverages. Restaurants that. do ment of those laws to keep drunk drivers not rely on discount drinks typically ma;noff the roads. tain a steady food-to-beverage ratio.

1\IADD's efforts have encouraged other A third :reason for backing responsible· groups such as DADD (dads), ·SADD (stu- drinking laws i:3 that social trends create dents), TADD (teachers), and most recently business opportunities. For example. \>'hen BADD (bartenders) to spearhead efforts to consumers moderate their drinking habits. eliminate dnmh driving. I would like to They create a demand for nonalcoholic bevsha:-e with my cDlleng.ues an article from erages and low-alcoholic beerE and wines.

A few months ago, anothf'r acronym the l'Himwsota Star and Tribune by the · pres~dent of 'fG! Friday's, Inc., Da11iel joined the ranks of this cause: BADD, BarS.r.ag6in. which addresses th~ inneased re- tenders Against Drunk Driving. BADD's spOiHibilities ro;staurant owne<·s and bar- common-s12:nse position is to care for rest&.utenders alike an; taking upon themselves to rant customers because, without CU3tomers. bartenders don't have jobs. reduce iaesponsible consumption of alcohol. 1 commend the initiatives of TGI FriBADD also could be interpreted as Busiday's and hope that.their efforts will serve ness Against Drunk Driving. Perhaps restaurant O\vners will pick l!P on what their as a precedente for in(?rea~ed inYolvemcnt ba.rienders have begun-accepti.i:g pai·t of of restaurants and bars in redncing alcohol the responsibility to end drunk driving. consumption and keeping dmnk drhers off After a!!, it is inside restaura.nts that cusour ro<tds.

- tomers decide how much they will drink.

The article f.:;llows: Tougher drinking laws will not pre·.rent all RESIAUS!\NT OWNERS SHOULD 'V>7 0P.K To alcohol-related traffic accidents, but raising PnOMOTB RESPONSIBLE DRINl{iNG the drinking age to 21 and banning happy The w:gency for tougher drinking laws is hours are ea:oy, rea.sor;able steps toward sig.a;; simple as it is shocklng: More than 25.000 nific;;,ntly reducing those ac.:idents. It's a AJ'i'!Ericans are killed each year in drunk- sober, hEaitr.y position. drivi'1g accidents. Cor.gre~s has responded -Daniel R. Scoggin, Dallas: Texas. Pre3i· to that urgency lJ.Y requiring ail states to dent and chief 10xecutive office of TGI Fri· legisiate a minimum dtinkir.g age of 21 by day's Inc. October 1987 or risk losing federnThighwa.y funds. Eig~t states have done so. and four

SURPRISE MASS LAYOFF OF THE MONTH

HON. WILLIAM D. FORD OF

MICHIGAN

IN THE HOUSE OF REPRESENTATIVES

Thursday, December 19, 1985 Mr. FORD of Michigan. Mr. Speaker. la;:t month's narrow defeat of H.R. 1616. known by many as the plant closings bill. will no.t end my efforts or those of the bill's many supporters to enaet legislation to protect American worl<ers against sudden mas~ layoffs and plant dosings. Sooner or latt>r. a majority in Congress will respond to th-e desire of their constituents for the modest protections embodied in H.R. 1616, the most basic of which is 90 days' advance notice of the permanent loss of 50 or more jobs. Polls show t.hat more than two-thirds of the American people s•.1pport legislation that would require a full year's notice of a plant closing. The special inter~sh and high-paid business lobbyist~ ~> hus;- campaign of hysteria and distortion defeated H.R. 1616 will not be able forever to stifle the very conservative legislation we proposed and brought to the lloor this .year.

Officials of the Chamber of Commerce claim that the defeat of H.R 1616 was a defeat f,)r "union bosses." It is true that many union leaders were disappointed that H.R. 1616 did not paos, but their ccncern was for their members, not themseiHs. Union leaders don't need advance n,)tice of plant closings any more .than Members of Congress do. They lose their jobs by being voted out of office or by retiring, not through layoffs. The people who need advance notice are a'•erage working Americans whose jobs are threatened by imports. by plant relocations. by recessions, by subcontracting. and by technc.logical change.

They need ad\'an<'e notice bcca•J•~ t.h~y depend on their jobs to feed their familie~. pay their rent and pay their medical hill;.

They need to know and d'i'serve to know when their job5 and ir.com<>s art> at>out t'> be eliminated.

In :m effort to help my colleagues und<>r.stsnd the u.:;ed for advance notice legislation such as H.R. 1616, I am placing in <h<' CONGRESSIONAL RECORD the first example in a series that might be called the .. SlA!prise mass layoff of the month.''

Eastmet Corp .• a Baltimon• employer. i> terminat.ing 450 emp!oy~:es with less than a week's notice, 3 days before Christmas. leaving them in "utter confusion" and "bitter, to say the least."

I would ask my colleagues to take spt>cial note of the fact that the President of Eastmet knew "in recent weeks" ·that the layoffs woulri occur but refused to tell the employees, who fina!!y iorarned of tht:> ma•s layGffs through news reports. !\lr. Speaker. this kind of callous treatment is not rare. Businesses of all kinds s~ut down fac!iitils and hw off hundreds of thousands <lf emploj·ees ~acb yt·ar with· out any notice at all. To help bring this fad home to our colkagues. Mr. CLAY and I intend to ·l>rt's~nt "surprise plant closin~s a:1d la~-oiTs of the monih" ea.<:h month until tht} House ~ho,..·s enough concern fnr Arn~rM

December 20, 1985

CONGRESSIONAL RECORD- Extm.rions of Remarks

ican workers to paas legislation like H.R. ltil6.

I request that the following two articles

from the Washington Post be printed in the RECORO.

The articles follow: (From the Washington Post, Dec. 19, 1985] CHRISTMASTIME LAYOFFS OF 4;}0 STUN WORKERS AT BALTIMORE AREA STEEL PLA~;T (By Susan Schmidt and Michael Abramowitz) Workers at tl1e Eastern Stainless Steel plant jast outside of Baltimore got an unse8sonal jolt ye,;terday when Eastmet Corp. announced that 450 of its employees at the plant should be laid off Sunday, three days before Christmas. ··1 f<:el sorry for the people with families and kids who believe in ChristmaB," said Jim Kyle. a 54-year-old plant electrician wllo said he does not 1•et know whether lle will be among those laid off. Kyle and several co-workers who gathered at Ruggieros bar near the plant after their shift ended yesterday said they did not expect to learn who would be laid off unt.il today. when next week's schedules are posted.

The work force is in "confusion. utter confuoion, because nobody knov:s what·s going on," said Kyle.

Ea.5tmet, which ha.s be!'n forced to the brink of insol\·ency in recent years by the l1igh costs of production and soft demand for American steel, said the 13.yoffs were an effort to scale back operations and cut costs.

The cuts will leave 500 people employed at the plant: William F. Dausch, Eastmet:s president. said in a statement that the company "deeply regrets this action but believes it is required in order to prmide the company the opportunity to return to p~ofitability."

Tile cuts were especially bitter for workers at the plant because, in an effort to bolster the a.iling firm, they accepted a $4.50 an hour reduction in '\Vages last year.

David Wilson, district director in Baltimore for tile Steel Workers of America, the union representing many of the Eastrnet workers, said grimly, "Even if we worked for nothing, it wouldn't matter."

"There's just a feeling of total frustration,·· he added. "Tlle problem. as I see it, is that people in Washington don't understand w!1at is happening in the country or just don·t gh·e a damn."

That frustration showed through at Ruggieros yesterday. Edward Morris, 50, a s\vitchman who haB been with the company for 33 years, said he was upset that t11e ployes learned of the pla.tmed layoffs through news reports.

"I think the company should have notified the unions to let the men know ahead of time,'· he said.

Jim Chmielewski, a 51-year old millwright, :w.id many of the younger workers who are likely to be laid off "are bitter to say the le~t.

They·ve made commitments that they·re not going to be able to meet by the company doing what it's doing."

Chmiell'!wski, '\Vl10 lives in Dundalk 11-ith his wife and 17 year-old son, also said he does not expect to be cut from the work force. But he anti other Eastmet workers said they are concerned about tile company's prospects for long-term survival.

Eastmet President Dausch said that the company had hoped that an agreement with its lenders would have allowed "the survival of the entire operations of the company.·· But he added that the '"inability of the company to maintain certain price increases and other factors made it clear in recent weeks tllat the pl>J.n. _ . would not be achie\'ed."

A company spokesman sc.id Eastmet lo3Ses were running at $14.5 million through the first nine months of the year, compared with losses of $5.1 million for the same period in 1981.

And the workers feared that the layoffs were another sign of a growing exodus of manufacturers from Baltimore and especially from its industrial area of Sparrows Point.

"All these industries are leaving this town-Western Electric, Es.;;kay, Black and Decker, the Point's down to nothing," said Chmielewski. He said he faults the Reagan administration for failing to restrict foreign imports. ""This country is turning into scrooges," he said.

A JoYU:SS SEASON 1\T STEEL PLANT: M,\RYLAND LAYOFFS J.\R HOLIDAY <By Susan Schmidt) BALTIMORE, Dec. 19.-It's going to be a blue Christmas for steelworker Donald Bobbitt and his family.

Bobbitt, 37, had baek surgHy after he WaB injured on the job a yea;: ago, and recently returned to work after 10 months of recuperation. But earlier this week, he and his co-workers at tile Eastern "Stainless Steel plant here learned that 450 of them won·t have jobs to come back to after the holidays.

Bobbitt, who is married and has a 12-yearold son, said he has been working at Eastern Stainless for eight years and earns about $13.50 an hour, one of the highest wages in the plant. He and other workers said they have been toid that employes hired since 1972 will be laid off.

To all appearances, it was business as usual this afternoon, as employes trickled out of the giant Eastern plant, a faded structure with stacks be;ching steam into the frigid air. But many of the workers, including Bobbitt, said the layoffs spell the end to their days as steelworkers.

E 5847

"I hare no v.ay of figming out how I"m going to pay my bills." said Bobbitt, as he left the plant at the end of !:is shift. "Its sad, and I know I'm not the only one in this position."'

He said he hopes his family can get by on his 1\'ife"s salary and his unempioyment insur:::.l1C~ while he takes courses in air conditioner and refrigeration repair.

R!cha.rd Bosnick. :31. said he has no illusions abouL the difficulty of finding another job as a st!'elworker. Bosnick. who h'ls also \Yorked for the credit union during his 12 years at Eastern, said he "'ill look for work 11ith a bank or finance agency.

But. with his wife in college and a. 9-yearo!d son to support. Bosnick said he expect hard times ahead. "We're just not going to be a•Jle to make it," he said, adding that there won't be any money for college tuition next semester. ··r,fy standard of living m;;,y never be back to where it has been:· he said.

Some employes, including 30-year-o!d Ray Wra.rthen, said they expect that, e\·entua!ly. the compan~· may recall some of the younger workers •.r.ith little seniority who are being laid off.

Wrarthen said he believes many of tile older V.'orkers who remain will be forced into retirement because they will be assigned to tough, physically demanding jobs to replace those laid off.

"They're going to take all those old timers and put them on jobs like the shears,'" said Wrarthen, referring to the dangerous and difficult job of cutting steel plates with pneumatic shears. The plant will continue to make steel plates but is discontinuing the making of steel and strip steel, used in the manufacturer of automobiles and appliances.

Eastern Stainless Steel, a division of Eastmet Corp., has been beset by the high cost. of production and the diminishing demand for American steel. The company said the layoffs were a.r1 effort to cut costs and '·provide the company with its best chance for long-term survivaL" Many workers said they think Eastern Stainless Steel will soon go under, and they fear remaining 500 workers, many of whom are 50 or older, will find themselves in even worse straits than those being laid off now, Bobbitt said he has those fears for his father. who has worked at the Eastern plant for 29 years.

"I c.1.n fL'ld something else somewhere." he said. 'Tm young. But my father-if the company doesn't stay around-he's too old to get retmined."

CONGRESSIONAL RECORD STANDING COMMITTEES OF THE HOUSE Committee on Agriculture

Messrs. de Ia Garza <chairman), Foley, Jones of J'-ifJith Carolina. Jones of Tennessee, Brown of California. Rose. Weaver, Bedell. English. Panetta, Huc.kaby, Glickman. Whitley, Coelho. Dlischle, Stonholm. Volkmer, Hatcher. Tallon. Staggers.

Evans of Illinois, Thomas of Georgia, Olin, Penny, 3t;;llings, Bruce, Madigan, Jeffords, Coiem"n of 1'·:lissouri. Mar1enee, Hopki:ns. Stangeland, Roberts, E•r~erson. Morrison of Washington, Gund-erson, E•.'ans of Iowa. Chappie. Franklin, Le~.·is of Florida.

Robert F. Smith, Combest. and Schuette.

Committee on Governme!lt Operations ~Iessrs. Brooks (chairznan), Fuqua, Conyers. Mrs. Collins, !viessrs. English, V.ta.xrnan, Webs, Synar, Neal. Barnard. Fran;{, Lantos, Wise. r-.1Irs. Boxer, Messrs. Levin of Michigan. L-evine of California, Owens, To\\-ns, Spract, Kolter, Erdreich. Kleczka.

Bustamante. Horton. Kindness. Walker, Clinger.

McKernan, McCandless, Craig, Saxton. Swindall, DeLay, DioGuardi. Armey. Lightfoot, Miller of \Vashington. Mcnson, Boulter, and Grotberg.

Committee on Hoz!se Adr:~'!~ni:;tration

Messrs. Annunzio (Chc.irman>. Gayd~s. Jones of Tennessee, Rose, Panetta, Swift, Foley, VIs. Oakar.

Messrs. Coelho, Bates. Clay, Gejdenson. l''renzel.

Dickinson. Badham, Gingrich, Themas of CaliforA nia, Mrs. Vucanovich, and Mr. Roberts.

Committee on Interior and Insular jl.jja.-irs Messrs. Udall (chairrr1an>. Seiberling, Weaver, Miller of California, Sharp, Markey, Murphy, Rahal!, Vento, Huckaby, Kildee, Coelho, Mrs. B:yron, Messrs. de Lugo, GejdenEon, Kostmayer, Moody, Mollohan, Lehman of California, Richardsun. Sunia, Darden. Visclosks. Fuster, Levine of California, Young of Alaska, Lujan, Lagomarsino, Marlenee, Cheney, Pashayan, Craig, Denny Smith, Hansen, Emerson. McCain, Mrs. Vucnnovich.

Messrs. Hendon, Strang, B!az, Bnd Barton of Texas.

Committee on the Judiciary ~Ie:ssr:s. Rodino <chairman), Brooks, Kastenmeier, Edwards of California, Conyers. Seiberling, Mazzoli. Hughes, Sam B. Hall, Synar, Mrs. Schroeder, l\1:essrs. Glickman, Fr:!!.nk. Crockett. Schumer, Mor~ rison of Connecticut, Feighan, Smith of Florida, Berman, Boucher, Staggers, Fish, Moorhead. Hyde, Kindness. Luirgren, Sensenbrenner, McCollum, Shaw. Gekas. DeWine. Dannemeyer, Brown of Colorado, Swindall, and Coble.

Committee on ~Ierchant !1-Ia.rinJJ and Fisheries Commitlee

on Banking, Finance and Urbtm Affairs

Messrs. St Germain <chairman), Gonzalez, Anncmzio, Mitchell. Fauntroy, Neal, Hubbard, LaF,n.lce. Lundine. l\1s. Oakar. I•;1essrs. Vento, Barnard, Garcia. Schumer. Frank. Roemer, Lehman of California. l\Iorrison of Connecticut, Cooper, Ms. Kaptur, 1fessrs. Erdreich. Levin of Michigan, Carper, Torres, Kleczka. Nelson of Florida, Kanjorski. Gordon, Manton. Fuster, Wylie. McKinney, Leach of Iowa, Shumway, Parris, McCollum, \Vortiey, Mrs. Roukema. Messrs. Bereuter, Dreier of California, Hiler, Ridge, Bartlett. Roth. Chandler, McCandless, Grotberg, Kolbe. and McMillan.

Committee on the Budget Messrs. Gray of Pennsyh·ania (chairman>.

Wright. Hefner. Downey of New York, Lowry of Washington, Derrick, Miller of California. Williams. Wolpe, Frost, Fazio, Russo, Jenkins. Barnes, LeB.th of Texas, Schumer, Mrs. Boxer. Messrs.

MacKay, Slattery, - Atkins, Latta. Kemp, Mrs. Martin of Illinois, Ms. Fiedler, Messrs. Gradison, Loeffler. Mack. Goqdiing, Moore, Denny Smith, Weber, Brown of Colorado, and Boulter.

Me3srs. Jon~s of North Carolina <chairman>.

Biaggi, Anderson, Breaux, Studds, Hubbard.

Bonker, Oberstar, Hughes, Ms. Mikulski, Messrs.

Lowry of Washington. Hutto, Tauzin, Fog1ietta, Hertel of Michigan, Dyson, Lipinski. Borski, Carper, Bosco, Tallon, Thomas of Georg-ia, Ortiz.

Ber!nett, Manton, Lent, Snyder, Young of Aiaska, Da·v·is, Carney, Shun1way, Fie1cls, ~1rs. Schneider.

Messrs. Bateman, McKernan, FTanklin, Hartnett, Chappie. Saxton, Callahan, Miller of Washington, and Mrs. Bentley.

Committee on Veterans' Affairs

Messrs. Montgomery <chs.irman>. Edwards of California, Edgar. Sam B. Hall. Applegate, Shelby, Mica, Daschle. Dowdy of Mississippi, Evans of Il!i· nois, Ms. Kaptur. Messrs. Mollohan, Penny, Sb1g~ gers. Rov:land of G~org1a, Bryant, Florio. Gray of Illinois. Kanjorski, Robinson, Hammerschmidt.

Wylie, Hillis, Solon1on, McEwen, S:rjth of New JErsey, Burton of Indis.na, Sundquist., Biliraki.s. ~I..:s. Johnson, Messrs. Molinari, Ridge, Hendon. and Rowland of Connecticut.

Committee on Ways and Means Ivlessr3. Rostenkowski <chairnlan), Gibbons, Pickle, Rangel, Stark, Jones of Oklahoma. Jacobs, Ford of Tennessee, Jenkins, Gcphardt, Downey of New York, Heftel of Hawaii, Fowler, Guarini.

Russo. Pe!loe, Matoui, Anthony, Flippo. Dorgan of North Dakota, Mrs. Kennelly, Messrs. Donnelly, Co.r-ne. Duncan, Archer, Vander Jagt, Crane. Frenzel, Schulze. Gmdiwn, Moore, Campbell, Thomas of California, McGrath. Daub. and Gregg.

UNITED STATES COlJRT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT <Washington, D.C. 20001. Phone 425-7182) Spottswood W. Robinson III. Chief Judge Circuit Judge.tJ

James Skelly \Vrigh t Edward Allen Tamm George E. MacKinnon Malcolm R. Wilkey Patricia McGowa.71 Wald

Abner .J. Iv!ikva Harry T. Edwards Ruth Bader Ginsberg Robert Heron Bock Antonin Scalia

Senior Circuit Judges

David L. Bazelon Cn.rl ~fcGowan John Anthony Danaher Roger Robb

Commiltee on Post Office and Civil Service

Messrs. Ford of Michigan <chairman), Ciay, Mrs. Schroeder, Messrs. Solo.rz, Garcia, Leland, Yatron, rds. Oakar. ~!essrs. Sikorski. ?\fcCloskey, Ackerman.

Dymal!y, de Lugo, Udail, Taylor. Gilman, Pashayan, Horton, Myers of Indiana, Young of Alaska, Hansen, and Burton of Indiana.

UNITED STATES COURT OF APPEALS FCR THE FEDERAL CIRCUIT <National Courts Building, 717 Madison Place NW., Phone 633-6550 > H0ward T. Markey, Chief Judge Circuit Judges

Daniel M. Friedman Giles S. Rich Oscar H. Davis Phillip B. Baldwin Shiro Kashiwa

Committee on the District of Coll.!.rnbia

Messrs. Dellums <chairman>. Fauntroy, Mazzo!i, Sta1·k. Gray of Pen.i1SY1Vania, Barnes. Dymally, Wheat. McKinney, Parris, Bliley, and Combest.

Committee on Educe/ion and Labor Messrs. Hawkins (chairman>. Ford, Gaydos, Clay, Bia;;gi, Murphy, Kildee, Williams. Martinez, Owens, Boucher, Hayes. Perkins, Bruce, Solarz, Dymal!y, Eckart of Ohio, Penny, Atkins, Jefford;;, Goodling, Coleman of Missouri, Petri. Mrs. Roukema. Messrs. Gunderson. Bartlett, Nielson of Utah, Chandler. Tauke, Armey, Fa well, and Henry.

Committee on Energy and Commerce Messrs. Dingell (chairman>. Scheuer, Waxman, Wirth, Sharp, Florio, MarkeY. Luken, Walgren, Ms. Mikulski. Messrs. Swift, Leland, ShelbY. Mrs. Collins, Messrs. S~-nar, Tauzin, Wyden, Ralph M. Hall, Eckart of Ohio, Dowdy of Mississippi, Richardson, Slattery, Sikorski, Bryant, Bates, Broyh;H, Lent, Madigan. Moorhead, Rinaldo, Dannemeyer. Whittaker, Tauke. Ritter, Coats, Bliley. Fields, Oxley, Nielson of Utah, Bi!irakis, SchaP.fer. and Eckert of New York.

Committee on Foreign Affairs Messrs. Fascell <chairman), Hamilton. Yatron, Solarz. Benker.- Studds, Mica, Barnes, Wolpe, Crockett, Gejdenson. Dymal!y, Lantos, Kost.mayer, Torricelli. Smith of Florida. Berman. Reid, Levine of California, Feighan, Weiss. Ackerman, MacKay, Udall. Garcia, Broomfield, Gilman. Lagomarsino, Leach of Iowa. Roth. Ms. Snowe, Messrs. Hyde. Solomon. Bereuter. SiUander. Zschan, Dornan of CaliA fornia. Smith of New Jersey, Mack. DeWine, Burton of Indiana, and MeCain.

Committee on Standards of Ofjicial Conduct

1Iessrs. Dixon <chairman), Jenkins, Fazio. Coyne.

Dwyer of New Jersey, Mollohan, Spence, Myers oi Indiana, Hansen. Whitehurst. Purseil, and Wortley.

Marion T. Bennett EdwardS. Smith Hc1en W. Nies Pauline Newmn.n Jean Galloway Bissell

Senior Circuit Judges

Committee on Rules

Messrs. Pepper <chairman), Moak!ey, Derrick, Bei!enson, Frost, Bonier of Michiga.!l, Hall of Ohio, Wheat, Mrs. Burton of California, Messrs. Quillen, Latta, Lott, and Taylor.

Jack R. Miller Byrcn G. Skelton

Wilson Cowen Philip Nichols, Jr.

UNITED STATES DiSTRICT JUDGES District of Columbia

<Washington, D.C. 20001, Phone 535-3515) Aubrey E. Robinson, Jr.. Chief Judge District Judges

Committee on Small Business

Messrs. Mitchell <chairman>. Smith of Iowa. Addabbo, Go:nzalez. LaFalce. Bedell. Nmvak, Luken, Skelton. Stenholm, Mazzoli, Mavrou!es, Hatcher, Wyden, Eckart of Ohio, Savage, Roemer. Sisisky, Torres, Cooper. Olin, Ray, Hayes, Mrs. Long, Messrs. Chapman, Robinson, McDade, Conte.

Broomfield, Ire!a.11d, Hiler, Weber, Dreier of California, Slaughter, Koll:Je, Cobey, Smith of New Hampshire. Coble. DioGuarci. Mrs. Meyers of Kansas, Messrs. Gallo. McMillan. McKinney, and Combest.

Gerhard A. Gesell John H. Pratt June L. Green Barrington D. Parker Charles R. Richey Thcmas A. Flannery Louis F. Oberdorfer

Harold H. Greene John Garrett Penn Joyce Hens Green Norma. Holicway Johnson Thomas Penfield Jackson Thomas Francis Hogan

U.S. COURT OF MILITARY APPEALS <Fifth and E Streets NW., Phone 693-7100> Chief Judge···············--······· Robinson 0. Everett Judge ................................... Walter T. Coo: III Judge .................................... Albert B. Fletcher. Jr.

for Publication of the Congressional Record cation ir, the proceeding:s, the Public Printer will insert the words "Mr. addressed the Senate <House or Committee). His remarks will appear hereafter in Extensions of Remarks" and proceed With the printing of the CONGRESSIONAL RECORD. 8. T'n.irty-day limit.- The Public Printer shall not

publibh in the CONGRESSIONAL RECOiUl any speech or extension of remarks which has been withheld for a period exceeding 30 calendar days from the date when its printing was authorized: Providzd, That :;t the expiration of each session of Congress t.he time limit herein fixed shall be 10 days, unless otherwise ordered by the committee. ' CONGRESSIONAL

30 days

ths:refore all

To provide for the prompt publlcatlon and delivery of the CONGnESSIONAL RECORD the Joint Committee on Printing has adopted the following rules, to which the attention of Senators, Representatives, and Delegates is respectfully invited: 1. Arrangement of the daily Congressional Record.-The Public Printer shal! arrange the contents Of the daily CONG!lESSIGNAL RECORD as foliows:

The Senate proceedings shall alternate with the House p'r'oe:eedings in order of placement in consecutive issues insofar a.s such an arrangement is feasible, and Extensions of Remari'.s "--'1d Daily Digest shall follow: Provided, That the makeup of the CONGRESSIONAL RECORD shall proceed without regard to alternation wber..ever the Public Printer deems it necessary in order to meet production and delivery schedules.

2. Type and style.-The Public Piiilter shall print the report of the proceedings and debates of the Senate and House of Representatives, as furnished by the ofiicial reporters of the CoNGRESSIONAL REcoRD, in 8-point type; and all matter included in the remarks or speeches of Members of Congress, other than their own words, a.nd all reports, documents, and other matter authorized to be inserted in the CONGRESSIONAL R.E~ORD shali be printed in 7po;.nt type; and all rollcalls shall be printed in 6point type. No italic or black type nor wordo in capitals or small capitals shall be used for emphasis or prominence; nor will unusual indentions be permitted. Thece restrictions do not apply to the printing of or quotations from historical, official, or legal documents or papers of which a literal reproduction is necess2.ry.

3. Only as an aid in distinguishing the manner of delh·ery in order to contribute to the historical accuracy of the RECORD, statements or insertions in the RECORD where no part of them was spoken will be preceded and followed by a "bullet" symbol, i.e., •· 4. Return of manuscript-When manuscript Is submitted to Members for revision it should be returned to the Government Printing Office not later than 9 o'clock p.m. in order to insure publication in the CoNGaESSIONAL RECORD issued on the following morning; and if all of the manuscript is not furnished at the time specified, the Public Printer is authorized to withhold it fram the CoNGRESSIONAL REccao for 1 day. In no case will a speech be printed in the Co,GRESSIONAL REcono of the day of its delivery' if the manuscript is furnished later than 12 o'clock midnight.

5. Tabular matler.-The manuscript of speeches containing tabular sta.tements to be published in the CONGRESSIONAL RECORD shali be in the hands of the Public Prh"lter not later than 7 o'clock p.m., to inoure publication the following mo"rning. When possible, manuscript copy for tabular matter should be sent to tile Government Printing Office 2 or more days in advance of the date of publication in the CONGRESSIONAL RECORD. Proof Will be furnished promptly to the Member of Congress to be submitted by him instead of manuscript copy when he offers it for publication in the CoNGRESSIONAL RECORD. 6. Proof furnished.-Proofs or "leave to print" and advance speeches will not be furnished the day the manuscript is received but will be submitted the foilowing day, whenever possible to do so without causing delay in the publication of the regular proceedings oi Congress. Advance speeches shall be set in the CoNGRESSION.<L REcORD style of type, 2.nd not more than six sets of proofs may be furnished to Members without charg~.

7. Notation of withheld remarks.-If manuscript or proofs have not been returned in titne for pubH-

cr;ch>IITI.:'"'P

Printer final adthe time ordered by Member more than

10. Tite Public Printer shall not publish in the CONGRESSIONAL RECORD the full report or print of any committee or subcommittee when the report or print has been previously printed. This rule shall not be construed to apply to conference reports_ However, inasmuch as House of Representatives Rule XXVIII. Section 912, provides that conference reports be printed in the daily edition of the CoNGRESSIONAL RECORD, they shall not be printed therein a second time.

11. Makeup of the Extensions of Remarks.-Extensions of Remarks in the CONGRESSIONAL RECORD shail be made up by successively taking first an extension from the copy submitted by the official reporters of one House and then an extension from the copy of the other House, so that Senate and House extensions appear alternately as far as possible. The sequence for each House shall follow as closely as possible tile order or arrangement in which the copy comes from the official reporters of the respective Houses.

each House indicate Cln the manuscript and prepare headings for all matter to be printed in Extensions of Remarks and shall make suitable reference thereto at the proper place in the proceedings,

5E!>IATE SUPPLEMENT TO "LAWS AND RULES FOR PUBLlCA'I'ION OF THE CONGRESSIONAL R£COP..D" -ETFS:CTIVE FESRiJARY 10, 1970

1. Statements brought to the Chamber for LrtSertion in the body of the RECORD \\ill be accepted at

r"'riday, Dece1nher 20, 1985

Daily Digest HIGHLIGHTS First Session of the 99th Congress Adjourned Sine Die. See Resume of Congressional Activity.

Senate Environment and Public Works, Senators Packwood, Roth, Danforth, Chafee, Long, Bentsen, and Routine_ Proceedings, pages S18285-S18333 Matsunaga as general conferees from the Committee on Finance, Senators Packwood, Chafee, Heinz, !vieasures Introduced: Three bills were introduced, Mitchell, and Moynihan as conferees from the Comas follows: S. 1998-2000. mittee on Finance for PBGC and ERISA subconferPage 518321 ence only, Senators Durenberger and Baucus as Measures Passed: conferees from the Committee on Finance for Temporm:v Extension of Certain Housing ProCHAMPUS and Medicare subconference only, Sengrams: Senate passed HJ. Res. 495, to provide for · ators Heinz, Wallop, Durenberger, Baucus, and the temporary extension of certain programs relatPryor as conferees from the Committee on Finance ing to housing and community development. for private'health insurance coverage subconference Page 518302 only,· SenatOrs Roth, Stevens, Mathias, Coheh, Sine Die Adjournment: Senate agreed to H. Con. Eagleton, Levin, and Gore as conferees from the Res. 267, providing for the sine die adjournment of Committee on Governmental Affairs, Senators the first session of the 99th Congress.

Hatch, Stafford, Quayle, Kennedy, and Pelt as gci1Page 518302 eral conferees from the Committee on Labor and Human Resources, Senators Hatch, Nickles, ThurConsolidated Omnibus Budget Reconciliation mond, Kennedy, and Metzenbaum as conferees Act of 1985: Senate insisted on its amendment to rhe amendment of the House to the Senate amendfrom the Committee on Labor and Human Rement to H.R. 3128, to provide for reconciliation sources for PBGC and ERISA subconfereoce only, pursuant to section 2 of the first concurrent resoluSenators Weicker, Gorton, and Bumpers as confertion on the budget for fiscal year 1985 (S. Con. Res. ees from the Committee on Small Btisiness, Senators 32, 99th Congress), requested a conference with the Murkowski, Simpson, and Cranston as conferees House thereon, and appointed Senators Domenici, from the Committee on Veterans' Affairs, Senators Armstrong, Kassebaum, Boschwitz, Symms, Chiles, McClure, Domenici, Wallop, Johnston, and Ford as Hollings, Johnston, and Sasser as general conferees general conferees from the Committee on Energy from the Committee on the Budget, Senators and Natural Resources, Senators McClure, Hatfield, Helms, Dole, Lugar, Cochran, Zorinsky, Leahy, and Domenici, Johnston, and Ford as conferees from the Melcher as conferees from the Committee on AgriCommittee on Energy and NaturaJ Resources for culture, Nutrition, and Forestry, Senators Goldwater Title VI, section 6701 only, and Senators Danforth, and Nunn as conferees from the Committee on Packwood, Goldwarer, Hoilings, and Long as conArmed St·rvices, Senators Garn, Heinz, Hecht, ferees from the Committee on Commerce, Science, Proxmire, and Riegle as conferees from the Comand Transportation on Title VI, section 6701 only. mittee on Banking, Housing, and Urban Affairs, Page 518292 Senators Danforth, Packwood, Goldwater, Pressler, By 29 yeas to 35 nays (Vote No. 380), Senate earGorton, Stevens, Hollings, Long, Inouye, Ford, and lier failed to table the Senate amendment to the Riegle as conferees from the Committee on Comamendment of the House to the Senate amendment merce, Science, and Transportation, Senators Stafto the bill. ford, Chafee, Simpson, Symms, Bentsen, Burdick, Page 518297 and Lautenberg as conferees from the Committee on

Chanzber Action

D 1562

December 20, 1985

CONGRESSIONAL RECORD - DAILY DIGEST

D 1563

By 30 yeas to 35 nays (Vote No. 381), Senate rejected a motion to recede from the Senate amendment.

pointed Senators Bid en (co-chairman), DeConcini, and Dixon to the United States Senate Caucus on International Narcotics Control.

Page 518299

Page 518317

Temporary Extension of Certain Tax Provisions: Senate concurred in the amendments of the House to the Senate amendment to H.R. 4006, to extend until March 15, 1986, the application of certain tobacco excise taxes, trade adjostment assistance, certain medicare reimbursement provisions, and b;rrowing authority under the railroad unemployment program, and to amend the Internal Revenue Code of 1954, to extend for a temporary period certain tax provisions of current law which would otherwise expire at the end of 1985.

Appoi_ntment by the Vice President: President's Export Council: The Presiding Officer, on behalf of the Vice President, pursuant to Executive Order 12131, signed by the President on May 4, 1979, as extended, appointed Senator Bentsen to the President's Export Council.

¡ Page 5 18302

Committee Authority: All committees were authorized to file reports during sine die adjournment on Wednesday, January 8, 1986, from 10 a.m., until 3 p.m.

Page 518302

Appointments by die President Pro Tempore: Japan-United States Friendship Commission: The Presiding Officer, on behalf of the President pro tempore, pursuant to Public Law 94-118, appointed Senator Inouye to the Japan-United States Friendship Commission.

Page 518317

Commission for the Preservation of America's Heritage Abroad: The Presiding Officer, on behalf of the President pro tempore, pursuant to Public Law 99-83, appointed Rabbi Chaskel Besser to the Commission for the Preservation of America's Heritage Abr_oad.

Pag'! 518317

U11ited States Senate Caucus on International Narcotics Control: The Presiding Officer, on behalf of. the President pro tempore, pursuant to Public Law 99-93, as amended by Public Law 99-151, ap-

Page 518317

Nominations Received: Senate received the following nominations: Frances M. Norris, of Virginia, to be Assistant Secretary for Legislation and Public Affairs, Departmerit of Education.

Routine list of Army nominations.

Pcge 518333

Nominations Confirmed: Senate confirmed the following nominations: Routine list of Army nominations.

Page 518333 Page 518320 Messages From the President: Page 518320 1\-Iessages From the House: Page 518321 Executive Reports: Page 518321 Statements on Introduced Bills: Page 518322 Additional Cosponsors: Page 518323 Additional Statements: Record Votes: Two record votes were .taken today.

(Total-381) Pages 518297,518299 Adjournment Sine Die: Senate convened at 11 a.m., and, in accordance with H. Con. Res. 267, adjourned sine die at 6:28p.m.

Committee Meetings No committee meetings were held.

House of Representatives Chatnber Action Bills Introduced: 2 public bills, H.R. 4007 and 4008; and 3 private bilL;, H.R. 4009-4011 were introduced.

Page H13091

Bills Reported: ReportS were filed as follows: H.R. 3498, to stabilize international currency markets in support of fair global competition, amended (H. Repr. 99-456); and

H.R. 3667, to eliminate unfair and predacious export financing practices, amended (H. Rept.

99-457).

Page Hl3091

Recesses: It was made in order for the Speaker to declare recesses at any time during the legislative day of December ¡19 subject to the call of the Chair.

Page H1308S

Convening of Second Session: House passed and cleared for the President S.]. Res. 255, relative to

D 1564

CONGRESSIONAL RECORD-DAILY DIGEST

the convening of the second session of the Nineninth Congress.

Page Hl3085

Ta.x Extensions: House agreed, with amendment, to the Senate amendment to the text to H.R. 4006, to extend until March 15, 1986, the application of certain tobacco excise taxes, trade adjustment assistance, ¡ certain medicare reimbursement provisions, and borrowing authority under the railroad unemployment insurance program, and to amend the Internal Revenue Code of 1954 to extend for a temporary period certain tax provisions of current law which would otherwise expire at the end of 1985returning the measure to the Senate.

Agreed to the Senate amendment, with amendment, to the title of the bill.

Page H13086

Reo.::ss: House recessed at 2:03 p.m. and reconvened at 6:30 p.m.

December 20, 1985

California Outer Continental Shelf: Speaker designated the following members on the part of the House to resolve the outstanding conflicts with re: spect to the future leasing and protection of lands on .the California Outer Continental Shelf for oii and gas exploration and development with the Secretary of the Interior: Representatives Yates, Udall, Lowry of Washington, Panetta, Bosco, Boxer, Levine of California, Regula, Lujan, Fields, Dannemeyer, Lungren, and Lowery of California.

Page Hl3090

Adjournment: House reconvened at 1:30 p.m. and, pursuant to the provisions of H. Con. Res. 267, adjourned sine die at 6:40p.m.

Conzmittee Afeetings No committee meetings were held.

December 20, 1985

CONGRESSIONAL RECORD-DAILY DIGEST

D 1565

Resume of Congressional Activity FIRST SESSION OF THE NINETY-NINTH CONGRESS

The first table gives a comprehensive resume of all legislative business transacted by the Senate and House.

The second table accounts for all nominations submined to the Senate by the Piesidem for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY

DISPOSITION OF EXECUTIVE NOMINATIONS

January 3 through December 20, 1985

January 3 through December 20, 1985

Sellitle

Howe

Days in session .............................. .

170 Time in session .............................. 1,253 hrs., 31' Congressional Record: Pages of proceedings .. :.......... .

Extension of Remarks ............ .

Public bills enacted into law .......... .

94 Private bills enacted into law ......... .

Bills in conference ......................... .

4 Bills through conference ............... .

8 Measures passed, total ................... .

583 Senate bi lis ............................. .

106 House bills ............................. .

93 120 Senate joint resolutions .......... .

House joim resolutions .......... .

54 Sen:lte concurrent resolutions ..

29 House concurrent resolutions ..

23 Simple resolutions .................. .

159 Measures reported, total.. .............. . *477 Senate bills ............................. .

184 House bills ............................. .

40 Senate joint resolutions .......... . liS House joint resolutions .......... .

19 Senate concurrent resolutions ..

16 House concurrent resolutions ..

Simple resolutions .................. .

100 Special reportS ............................... .

18 2 Conference reports ........................ .

Measures pending on calendar ...... .

94 Measures introduced, total ............ .

2,651 Bills ....................................... .

2,000 Joinr resolutions ..................... .

255 Concurrent resolutions ........... .

102 Simple resolutions .................. .

294 Quorum calls ................................. .

20 Yea-and-nay votes ......................... .

381 Recorded votes ............................. .

Bills vetoed ................................... .

Vetoes overridden ......................... .

152 965 hrs., 16'

93

1/;t,J!

187

Civilian nominations (other than lists), totaling 606, disposed of as follows: Confirmed ............................................................................ .

Unconfirmed ........................................................................ .

Withdrawn ........................................................................... .

Failed of confirmation at Aug.-Sept. adjournment. .............. .

Failed of confirmation at sine die adjournment. ................... .

Superseded by recess reappoimment. ................................... .

491 68 15 19 6

8

20 596 42 214 74 71 22 37 136 *387 4 261 3 14

1,179

Civilian nominations (lists), totaling 3,113, disposed of as follows: Confirmed.............................................................................

Unconfirmed ........................................................................ .

Air Force nominations, totaling 21,367, disposed of as follows: Confirmed ......................................................... ;................... 19,013 Unconfirmed......................................................................... 2,354 864

Army nominations, totaling 15,370, disposed of as follows: Confirmed............................................................................. 14,478 Unconfirmed.........................................................................

892 Navy nominations, totaling 16,721, disposed of as follows: Confirmed............................................................................. 16,720 Withdrawn ........................................................................... .

ll

93

Marine Corps nominations, totaling 2,466, disposed of as follows:

38

Confirmed.............................................................................

Unconfirmed.........................................................................

32 52 5,126 4,011 496 267 352 43 255 184 4

3,112

2,104 362

7,777 51111111/tJT)'

4

Total Total Total Total Total Total Total

â&#x20AC;˘ These figures include all measures reported, even if there was no accompanying report. A total of 227 reports have been filed in the Senate, a total of 457 have been filed in the House.

¡.

nominations received.......................................................... 59,643 confirmed ........................................................................... 55,918 unconfirmed........................................................................ 3,677 withdrawn...........................................................................

8 failed of confirmation at Aug.-Sept. adjournment...............

15 failed of confirmation at sine die adjournment....................

19 superseded by recess reappointmems ..................................

6

D 1566

CONGRESSIONAL RECORD - DAILY DIGEST Next Meeting of tbe SENATE .

December 20, 1985

Next Meetiug of the HOUSE OF REPRESENTATIVES

12 noon, Tuesday, January 21, 1986

12 noon, Tuesday, January 21, 1986

Senate Chamber

House Chamber

Program for Tuesday: After one order for a Senator for a speech and the transaCtion of any routine morning business (at not later than 1 p.m.), Senate intends tO consider S. 638, Conrail Sale Amendments Act.

Program for Tuesday: Legislative program will be announced later.

Extensions of Remarks, as inserted in this issue SENATE Chafee, John H.. R.I.. E5817 Garn. Jake, Utah, E5824 HOUSE Bennett, Charles E., Fla., E5806 Biaggi, Mario, N.Y .. E5836, E5838, E5845 Bonker, Don, Wash .. E5827 Broomfield, Wm. S .. Mich., E5336, E5840 Brown. George E .. Jr .. Calif., E5818 Broyhill, James T .. N.C., E5314 Coelho. Tony, Calif., E580S Courter. Jim, N.J., ES830, E5837, E5844 Craig, Larry E .• Idaho, E5811 D?schle. Thomas A., S. Dak .. E5830, E5842 DioGuardi. Joseph J .. N.Y., E5801 · Duncan. John J .. Tenn .. E5809 Durbin. Richard J .. Ill., E5S21 Dyson, Roy. Md .. E5320 Fasce!l. Dante B .. Fla., E5812

Feighan, Edward F., Ohio, E5809 Ford, William D., Mich., E5846 Frank, BarneY. Mass., E5804 Gilman, Benjamin A .. N.Y., E5825, E5827 ·Gray, William H., III, Pa., E5801 Hawkins, Augustus F .. Calif., E5843 Heft.el. Cecil <Cec), Hawaii, E5838 HopkL'ls, Larry J .. Ky., E5806 Hoyer, Steny H., Md., E5837, E5841 Hughes, Wiiliam J., N.J .. E5807 Jacobs. Andrew, Jr., Ind .• E5815 Jones, Ed, Tenn., E5819 Kemp, Jack F., N.Y., E5815. E582l Kildee. Dale E .. Mich., E5818, E5833. E5834 Kindness; Thomas N., Ohio. E5801 Kost:mayer. Peter H., Pa .. E5826 Lehman, Willia.!n, Fla., E5804 Levine, Mel. Caiif., E5806 Lowry, Mike, Wash., E5828 McEwen. Bob. Ohio. E5805. E5840 Madigan. Edward R .. Ill., E5810 Mantvn. Thomas J .. N.Y .. E5807

. IRt:cord onrrrt.s.stona

Mikulski, Barbara A .. Md., E5305 Miller, Clarence E .. Ohio, E5844 Miller, George, Calif .. E5805, E5817 Mineta, Norman Y., Calif.. E5832 Nelson. Bill, Fla., E5846 Oberstar, James L .. Minn., E5811 Ortiz, Solomon P .. Tex., E5832 Rahal!, Nick Joe, II, W. Va., E5834 Rangel, Charles B .. N.Y,, E58ll Rinaldo. Matthew J., N.J., E5826 P,oth. Toby, Wis., E5839 Scheuer, James H., N.Y .. E5811, E5819 Schuette, Bill. Mich .. E5805, E5806 Seiberling, John F .. Ohio, E5829 Shelby, Richard C., Ala., E5831 Sikorski. Gerry, Mir...Il., E5846 · Solarz. Step~en J .. N.Y., E5835 Tallon. Robin. S.C., E5835, E5844 Tauke, Thorea.s J.:Iowa, E5833 Trafic&nt, James A., Jr .. Ohio, E5808 Visciosky, Peter J .. Ind .. E5817 Wai~ren, Doug, Pa .. E5831

The public proceedings of each House of Congre!3S. as reported by the Official Reporters tJ:.ereof, are p_rinted pursuant t_o direc~ twns of the Jmnt Committee on Prmtmg as authonzed by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutiye issues are printed at one time. ~The Congrt'ssional Record will be furnished by mail to subscribers, free of postage, for $109 for six months. $218 per year, or purcha<ed for $1 per copy, payable in advance. The semimonthly Cor,g;·essional Record Index may be purchased for $1 per copy, payable in advance.

Remit check or money order. made payable to the Superintendent of Documents, directly to the Government Printing Office, \Vashington. D.C. 20402. ~Following each session of Congress, the daily Congre,sional Record is revised. printed, permanently bound and m!d by the Superintendent of Documents in individual pHrts or by sets. ~With the exct'ption of copyrighted articles. there are no restrictions on the republication of materiHI from the Congre.ssional Record.

-,

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