Winfield Wade, MAJ. Smith. III. MAJ, John Thomas. Capt.

34180 CONGRESSIONAL RECORD-SENATE October 8, 1992 Sisson, Swords, Welshan, Sittner, Ronald Nicholls, C.Sykes, Derrl, SSGT, Wenaas. Gordon James, MAJ. Skarman, Orval Harry, SGT, Tapp, Marshall Landis, LTC, Welrehoff, Michael Ray, S Skinner, Owen George, LTC, Tatum, Lawrence Byron, COL, West, John Thomas, CAPT, . ton. William E., Jr., SSGT, Teague. James Erlan, LT, Westbrook. Donald Elliot, COL, . Templin, Erwin Bernard, Wheeler, Eugene Lacey, MAJ. Small, Burt Chauncy, Jr., SSGT, Teran. Refuglo Thomas. SOT. White, Charles Edward, MSG Smith, David Roscoe. CAPT. . Terry. Oral Ray. SSGT. White, James Blair, MAJ. Smith, Edward Dewilton. Jr., TSGT, Thomas, Daniel Wayne, . Whilford, Lawrence W., J . . Thomas, James Calven, SGT, Whitmire, Warren Taylor, Jr., CWO, ene Albert, CDR, Thomas. James Richard, TS 4. Smith. George Craig. CAPT, , Kenneth Deano. Jr.. CAPT, Widdls, James Wesley, Jr.. Smith. Hallle William, CAPT, . Widner, Danny Lee, SSGT, Smith, larding Eugene, Sr., COL, ,Robert James. 1LT, Wiggins, Wallace Luttrell, CAPT, . Thompson, Donald Earl. LCDR, Wllburn, Woodrow Hoover. COL, arold Victor, LTC. . Thompson, George Winton, CAPT Wiles, Marvin Benjamin Chr. . Smith, Harry Winfield, CAP . Thompson, William James, LTC, . Wllke, Robert Frederick, COL, Smith, Herbert Eugene, SMS, Thornton, Larry C., SMS, . Wilklns, George Henry, CDR, Smith. Homer Leroy. CAPT. Tiffin, Ralnlord, MAJ. on, Dennis Edward, CAPT. Smith, Howard Horton. LT. Tipping, Henry Albert . Smith, Lewis Philip, II, CAP Todd, William Anthony, SSGT, Robert Vincent, Jr., CAPT. Smith, Richard Dean, MAJ, Tolbert, Clarence Orfield. LCD. . Smith, Robert Norman, CO. Toomey, Samuel Kamu, III, MAJ, Williams, Billie Joe, MAJ, Smith, Victor Arlon, CAPT. . Williams, David Beryl, CAPT, Smith, Warren Parker, Jr.. Towlf. John Cline, CAPT. Williams. David Richard, CO William Arthur, Jr Townsend, Francis Wayne, 1LT. Williams, Eddie Lee, MBGT, Trampski, Donald Joseph. . Williams. Edward Wayne. S. illiam Mark, SGT, Treece. James Alien, MAJ, Williams, Howard Keith, MAJ, Smoot,Courtis Richard, SS . Trembley, J. Forrest Georg Williams, James Ellis, MSGT, Soyland, David Pecor, CW. Trent. Alan Robert.CAPT. . Williams, James Randall, MSGT, . Sparks,Donald Lee, SGT, Tromp, William Leslie, LC Williams, Robert John, CAPT. Suarks, Jon Michael CWO, . Trujillo, Joseph Felix, SGT, Williams, Roy Charles, SS . Spencer, Warren Richard, Trulllo, Robert Steven, SS Wlllamson, Don Ira,LTC. Spllman. Dyke Augustus. CAPT, Tubbs. Glenn Ernest, SSGT, Williamson, James D., SS. Splnelll, Domenick Anthon Tuccl, Robert Leon, CAPT. . Willing, Edward Arle, SGT, Sprick, Doyle Robert. MAJ. Tucker, Edwin Byron. CDR Wilson, Gordon Scott, MAJ . Sprlngston. Theodore, Jr., L Tucker,James Hale, CAPT Wilson, Mickey Allen, WO St. Pierre, Dean Paul, CAPT Tucker,Timothy Michael, . Wilson, Peter Joe, SFC, Stacks, Raymond Clark, CA Tyler, George Edward, COL. Wilson, Robert Allan, CAPT. Staehll, Bruce Wayne, SGT, Uhlmanslek, Ralph Edward, SSGT, Wilson, Roger Eugene. CAPT Stamm,Ernest Albert, CD . Wilson, Wayne Vaster. SGT, Standerwick, Robert L., Sr.. LTC, od, Paul Gerard, COL, Wimbrow, Nutter Jerom MAJ. . Utley, Russell Keith. LTC. . .Charles Irvin, CWO Van Bendegom, James SGT. am, John Quitman, TSGT. Stanton, Ronald, SSGT. . . Stark, Willie Ernest, S ren, Gerald Gordon, MAJ. . Winston, Charles. C,III, MAJ Steadman, James Eugene, . Van Dyke. Richard Haven, CAPT. . Winters, David Marshall, SS Steen, Martin William, MAJ. Van Renselaar, Larry Jack. LT. Wistrand. Robert Carl, LTC. Stegman, Thomas. LCDR, Vanden Eykel, Martin D., , Wogan, William Michael, SS Stephensen, Mark Lane, . Wolfkell, Wayne Benjamin, LTC, . Stephenson, Howard David, ,Milton James,Jr., CDR. Woloszyk, Donald Joseph, LCDR, Stevens, Larry James, LT, Vlnson, Bobby Gene, COL, Wong. Edward Puck Kow, Jr., SP5, Stewart, Jack Thomas, MAJ. . Visconti. Francis Edward, Stewart. Peter Joseph, COL, Wade, Barton Scott, LCDR, . Wood, Don Charles, LTC. Stewart, Robert Allan, LTC, Wald, Gunther Herbert, SSGT, . Wood, Partrick Hardy, COL. Stickney, Philip Joseph, MS Walker, Bruce Charles, CAPT, . illiam CommodorPT, Stine. Joseph Mllard. LTC, Walker, Michael Stephen. CAPT, . Stinson, William Sherrll, SP5, Walker. Samuel Franklin. Jr. r, John Bowers, LCDR, Stolz,Lawrence Gene, CAPT 7. Worrell, Paul Laurance, LT, Stonebraker, Kenneth AAJ, .Hobart McKlnle. Jr., LTC, Worth, James Frederick. CPL, . . Wallace, Michael John, SFO Wortham. Murray Lamar. CA . onald Edward, LTC. . Waller.Therman Morris, MS , Frederick Joseph. Aubrey Eugene, Jr., CAPT. Walling, Charles Milton, MAJ, 2. . Walsh, Francis Anthony, J, Arthur, SP4, Strait, Douglas, SP5, . Wright, Donald Lee, Strange, Floyd Wayn Richard Ambrose, III, COL. Wright, Gary Gene, COL, Stratton, Charles Wayne. MAJ. . Wright, James Joseph, L Stringer. John Curtis. II, CAP Waiters, Donovan Keith. CAPT. Wright, Jerdy Albert. Jr., LT Strobrldge, Rodney Lynn, CAPT, Walton, Lewis Clark, SSGT, Wright,Thomas Thawson, MAJ, . Strohleln, Madison Alexander. SGT, Wanzel, Charles Joseph, PT. Wrobleski, Walter Francis, CWO, . . . Wrye, Blair Charlton, COL, Henry Hooker, Jr., CDR, eal Clinton, CAPT, Wynne, Patrick Edward, CAPT. Stroven. William Harry. CA Ward, Ronald Jack, LTC, Yarbrough, William P., Jr., CDR, . Stuart, John Franklin, MAJ, Ware, John Alan, SP5. Yonan, Kenneth Joseph, CAPT, Stubberfield, Robert A., LTC, Warren, Arthur Leona. Young, Barclay Gingham, CA Stubbs. William W.W.. SSGT Warren. Ervln. SMS, Young. Charles Luther. SSGT, . Randolph Bothwell, SSGT, Warren, Gray Dawso Zich, Larry Alfred, CWO. . Waters, Samuel Edwin, Jr . Zook, David Hartzler, Jr., COL, Sullivan, Farrell Junior, LTC, Watson, Jimmy Lee, CWO, Zook, Harold Jacob, CAPT, Sullivan,James Edward. LCD Welsner, Franklin Lee, CA Zubke, Deland Dwight,SP5 . Sullivan. John Bernard, III, CAPT. ueller, Courtney Edw., MAJ. Zukowski, Robert John, CAPT. . Sutter,Frederick John, CAPT, 2. Mr. DoLE.Assistance in obtaining informa- Swanson, John Willard, Jr., M . Robert John, MAJ, tion for an accounting was clearly and un- Swanson. Roger Wesley, SGT, Welsh, Larry Don, SSGT. ambiguously included as a mutual commit- October 8, 1992 CONGRESSIONAL RECORD-SENA'TE 34181 ment in the January 27agreement. Such as- It is difficult for those of us who are not di- CIIAI'I'aR1 sistance has not been forthcoming. On Janu- rectly affected to grasp the agony, the night- T'he Vietnamese lpeople'sflundaelnlualll natinnal ary 27, the Defense Department listed 1.364 mare being lived by the parents, wives, andi rights Americans in missing status. Today, 4 children of these missing men. They are in a Article 1 months later, some 1,284or more of our men terrible state of suspense. Their lives, their have not yet been accounted for in any man- business affairs. their legal and financial sta- The United States and all other countries ner and as I said earlier, the remains of some tus Is plagued by uncertainty. They des- respect the independence, sovereignty, unity, 1,120,who have been declared dead, have not perately want to know the fate of their hus- and territorial Integrity of Vietnam as roc- been recovered. bands, sons, and fathers, and any action ognized by tile 1954 Geneva Agreements on Vietnam. INTcEESTSCON'TINUc which delays or hinders North Vietnamese compliance with the Paris agreements on CiAII'EtllII We are told, Mr. President, that the situn- tion in Southeast Asia has changed. Now MIA's also prolongs the uncertainty and Cessalion of hostilities-lwithdrawalol troops doubt of their families. that the Involvement of American ground Article 2 troops has been terminated and the prisoners Mr:President, I wonder how these thou- A cease-fire shall be observed throughout have been returned, some contend we no sands of American wives, fathers, mothers, South Vietnam as of 2400 hours G.M.T., on longer have any proper concern In that area and chlidren would vote on a measure which January 27, 1973. of the world, not even a concern In seeing remove and weaken the President's leverage At tie same hour, the United States will that the peace agreement is adhered to in re- for obtaining information on these men? stop all its military activities against the spect to our missing men. I cannot accept Success for our policies and an end to the territory of tie Democratic Republic of Viet- this contention. hostilities are near. Dr. Kissinger returns to nam by ground, air and naval forces, wher- The situation has changed. It has changed Paris next month, and he has expressed con- ever they may be based, and end the mining immeasurably for the better. But the Amer- fidence in the chances for successfully reach- of the territorial waters, ports, harbors, and ican stake in securing and solidifying a last- ing an agreement with North Vietnam. The waterways of the Democratic Republic of ing peace in Southeast Asia has not changeld. Congress cannot now-at this crucial time- Vietnam. The United States will remove, If the rights of the South Vietnamese peo- place these negotiations in Jeopardy by en- permanently deactivate or destroy all the ple to peace and self-determination and if acting a measure which would reduce our le- mines in the territorial waters, ports, har- the American concern for securing the re- verage to achieve compliance with the Paris bors, and waterways of North Vietnam as turn of our prisoners and a satisfactory ac- agreements. Neither can It further jeopardize soon as this Agreement goes into effect. counting of the missing in action were ever the fate of some 1,300 missing Americans. The complete cessation of hostilities men- legitimate interests of this country, then The amendment I offer with my colleague tioned In this Article shall be durable and they are still legitimate interests. from North Carolina and the other distin- without limit of time. IMI'ATIcNCP,AND WEARINESS guished Selators who have joined in sponsor- Article 3 ship, would remove this jeopardy and would The country has long since grown weary of The parties undertake to maintain the maintain this bit of leverage for the Presi- cease-fire and to ensure a lasting and stable war. The country has long since tired of dent. hearing news of American military involve- peace. ment In Indochina. be it the ground combat We all want an end to hostilities. But, as I As soon as the cease-fire goes into effect: of an earlier day or the air operations of have said so many other times on this floor (a)The United States forces and those of today. And, of course, the Congress too, has when we were talking about the American the other foreign countries allied with tho grown weary of the conflict. prisoners of war, we can say all we want to, United States and the Republic of Vietnam hut we still have an obllgation to the fami- FIRMCOMMITMENT TO GOAILS shall remain in-place pending the Implemen- lies of those now listed as missing in action. tation of the plan of troop withdrawal. The But if we allow our weariness of the war They want to know. They want verification Four-Party Joint Military Commission de- and our understandable and quito sincere de- as to whether their son or husband or father scribed in Article 16 shall determine the mo- sire to see an end, for all time, of the Amer- Is alive or dead. dalities. ican military presence in Southeast Asia to So what would we do if the Eagleton (b)The armed forces of the two South Vi- lead us to passage of the Eagleton amend- amendment is agreed to? We would remove etnamese parties shall remain in-place. The ment, we would only open up to the North the last bit of leverage that the President Two-Party Joint Military Commission de- Vietnamese the possibility for continuing has. Why should North Vietnam comply at scribed in Article 17 shall determine the their unfettered aggression in the area. And all? areas controlled by each party and the mo- we would quash any hope whatsoever for so- dalities of stationing. curing compliance with the peace agreement So I suggest, Mr. President, that we are voting today on whether we want North (c) The regular forces of all services and with respect to our missing men. Vietnam to continue to make a sincere effort arms and the irregular forces of the parties Strong action, courage, and commitment in South Vietnam shall atop all offensive ac- to our principles brought about the success- to account for and verify the status of some 1,300 Americans. tivities against each other and shall strictly ful negotiation of the Paris agreements. The abide by the following stipulations: same resolve can now secure compliance To me, that is an important obligation. All acts of force on the ground, in the air, with those agreements. Mr. President, I ask unanimous consent to and on the sea shall be prohibited; I am not prepared to accept the con- have printed In the Record the "Agreement All hostile acts, terrorism and reprisals by sequences of a legislated abrogation of the Ending the War and Restoring Peace in Viet- both sides will be banned. Paris agreements. Of course, I am weary of nam" of January 27, 1973,and the "Protocol Article 4 this fighting. I yield to no Member of this to the Agreement Concerning the Return of body In desiring a peaceful and Just solution Captured Military Personnel and Foreign Ci- The United States will not continue its to the differences which have divided this re- vilians and Detained Vietnamese Civilian military involvement or intervene In the in- gion for so long. Personnel" ending the war on the same date, ternal affairs of South Vietnam. But we have a responsibility, an obligation and I reserve the remainder of my time. Article 5 to see our policy successfully through to a There being no objection, tie agreement Within sixty days of the signing of this lasting peace. And we have an obligation to and the protocol were ordered to be printed agreement, there will be a total withdrawal the nearly 1,300 Americans who are missing In the Record, as follows: from South Vietnam of troops, military ad- throughout Southeast Asia-In North and visers, and military personnel associated South Vietnam, Laos.and Cambodia. AGeicEMNT ONENDING THE WAI AND with the pacificatlon program, armaments, RlSTOalINOPEACi IN VIrTNAM LIMITINGAMENlDMENT munitions, and war material of the United The Parties participating In the Paris Con- States and those of the other foreign coun- Therefore, I am Joining with my colleague Advisers from North Carolina (Mr. HELMS)in offering ference on Vietnam, tries mentioned In Article 3(a), an amendment to limit the effect of the With a view to ending the war and restor- from the above-mentioned countries to aill the police Eagleton amendment to the supplemental ing peace in Vietnam on the basis of respect paramilitary organizations and as long as the North Viet- for the Vietnamese people's fundamental na- force will also be withdrawn within the same appropriations bill period of time. namese are not complying with their obliga- tional rights and the South Vietnamese poo- tions in regard to our missing men. ple's right to self-determination, and to con- Article 6 There can be no justification or rational- tributing to the consolidation of peace in The dismantlement of all military bases In Ization for defaulting on our obligations to Asia and the world. South Vietnam of the United States and of nearly 1,300Americans and to their families, Have agreed on the following provisions the other foreign countries mentioned In ar- loved ones, and friends who wait and wonder and undertake to respect and to implement ticle 3(a) shall be completed within sixty at their fates. them: days ofthe signing of this Agreement. 34182 CONGRESSIONAL RECORD-SENATE October 8,1992 Article 7 peace in South Vietnam. settle all matters of Vietnam in the future shall come under the From the enforcement of the cease-fire to Scontention through negotiations, and avoid authority of the government set up after the the formation of the government provided all armed conflict. general elections in South Vietnam provided for In Articles 9(b) and 14 of this Agreement, Article 11 for in Article 9(b). the two South Vietnamese parties shall not Immediately after the cease-fire, the two CIIAIl'IrrI v accept the Introduction of troops, military South Vietnamese parties will: The reunificlaion of Vietnam and the advisers, and military personnel Including achieve national reconciliation andi con- relationshiphelitren North and Soulth Vieltna technical military personnel. armaments, cord, end hatred anti enmity, prohibit all munitions, and war material into South Article 15 acts of reprisal and discrimination against The reunification Vietnam. individuals or organizations that have col- of Vietnam shall be car- The two South Vietnamese parties shall be ried out step by step through peaceful means laborated with one side or the other; on the basis of discussions and agreements permitted to make periodic replacement of ensure the democratic liberties of the peo- armaments, munitions and war material between North and South Vietnam. without worn ple: personal freedom, freedom of speech, coercion or annexation by either party, and which have been destroyed, damaged, freedom of the pre freem of meeting. out or used up after the cease-fire, on the freedom of organization, fi'eedom of political without foreign interference. The time for basis of piece-for-piece, of the same charac- reunification will be agreed upon by North activities, freedom of belief. freedom of and South Vietnam. teristics and properties, under the super- movement, freedom of residence, freedom of vision of the Joint Military Commission of work, right of property ownership, and right Pending reunification: the two South Vietnamese parties and of the (a)The military demarcation line between International Commission of Control and Su- to free enterprise. the two zones at the 17th parallel is only pro- pervision. Article 12 visional and not a political or territorial CHAFTERIll (a)Immediately after the cease-fire, the boundary, as provided for in paragraph 6 of The return of captured military personnel and two South Vietnamese parties shall hold the Fiial Declaration of the 1954 Geneva foreign civilians, and captured and detained consultations in a spirit of national rec- Conference. Vietnamese civilian personnel onciliation and concord, mutual respect, antd (b)North and South Vietnam shall respect Article 8 mutual non-elimination to set up a National the Demilitarized Zone on either side of the Council of National Reconciliation and Con- Provisional Military Demarcation Line. (a)The return of captured military person- cord of three equal segments. The Council (c)North and South Vietnam shall prompt- nel and foreign civilians of the parties shall shall operate on the principle of unanimity. ly start negotiations with a view to reestab- be carried out simultaneously with and com- After the National Council of National Rec- lishing normal relations in various fields. pleted not later than the same day as the onciliation and Concord has assumed its Among the questions to be negotiated are troop withdrawal mentioned in Article 5. functions, the two South Vietnamese parties the modalities of civilian movement across The parties shall exchange complete lists of will consult about the formation of councils the Provisional Military Demarcntion Line. the above-mentioned captured military per- at lower levels. The two South Vietnamese (d)North and South Vietnam shall not Join sonnel and foreign civilians on the day of the parties shall sign an agreement on the inter- any military alliance or military bloc and signing of this Agreement. nal matters of South Vietnamese as soon as shall not allow foreign powers to maintain (b)The parties shall help each other to get possible and do their utmost to accomplish military bases, troops, military advisers, and information about those military personnel this within ninety days after the cease-fire military personnel on their respective terri- and foreign civilians of the parties missing with the South 1954 Geneva In action, to determine the location and take comes into effect, in keeping tories, as stipulated In the care of the graves of the dead so as to facili- Vietnamese people's aspirations for peace, Agreements on Vietnam. independence and democracy. CIAlrERILVI tate the exhumation and repatriation of the (b)The National Council of National Rec- remains, and to take any such other meas- onciliation and Concord shall have the task The Joint Military Commissions, the Inter- ures as may be required to get Information of promoting the two South Vietnamese par- national Connisssion of Control and Super- about those still considered missing In ac- ties' implementation of this Agreement, vision, the Internalional Conference tion. Article 16 (c) The question of the return of Vietnam- achievement of national reconciliation and ese civilian personnel captured and detained concord and ensurance of democratic lib- (a)The Parties participating in the Paris In South Vietnam will be resolved by the two erties. The National Council ofNational Rec- Conference on Vietnam shall immediately South Vietnamese parties on the basis of the onciliation and Concord will organize the designate representatives to form a Four- principles of Article 21(b) of the Agreement free and democratic general elections pro- Party Joint Military Commission with the on the Cessation of Hostilities In Vietnam of vided for in Article 9 (b)and decide the pro- task of ensuring joint action by the parties July 20, 1954.The two South Vietnamese par- cedures and modalities of these general elec- in implementing the following provisions of ties will do so in a spirit of national rec- tions. The institutions for which the general this Agreement: onciliation and concord, with a view to end- elections are to be held will be agreed upon The first paragraph of Article 2,regarding ing hatred and enmity, In order to ease suf- through consultations between the two the enforcement of the cease-fire throughout fering and to reunite families. The two South Vietnamese parties. The National South Vietnam; South Vietnamese parties will do their ut- Council of National Reconciliation and Con- Article 3(a), regarding the cease-fire by most to resolve this question within ninety cord will also decide the procedures and mo- U.S. forces and those of the other foreign days after the cease-fire comes into effect. dalitles of such local elections as the two countries referred to in that Article; South Vietnamese parties agree upon. Article 3(c). regarding the cease-fire be- CHIAIP.TERIV Article 13 tween all parties in South Vietnam; The exercise ofthe South Vietamnese people's Article 5. regarding the withdrawal from right to self-determination The question of Vietnamese armed forces In South Vietnam shall South Vietnam of U.S. troops and those of Article 9 be settled by the two the other foreign countries mentioned in Ar- The Government of the United States of South Vietnamese parties In a spirit of na- ticle 3(a); America and the Government of the Demo- tional reconciliation and concord, equality and mututal respect, without foreign Inter- Article 6, regarding the dismantlement of cratic Republic of Vietnam undertake to re- ference, In accordance military bases in South Vietnam of the Unit- spect the following principles for the exer- with the postwar situ- ation. Among the questions to be discussed ed States and those of the other foreign cise of the South Vietnamese people's right countries mentioned in Article 3(a); to self-determination: by the two South Vietnamese parties and steps to reduce their military Article 8(a), regarding the return of cap- (a)The South Vietnamese people's right to effectives and tured military personnel and foreign civil- self-determination Is sacred. Inalienable. and to demobilize the troops being reduced. The two South ians of the parties: shall be respected by all countries. Vietnamese parties will accom- Article 8(b), regarding the mutual assist- (b)The South Vietnamese people shall de- plish this as soon as possible. ance of the parties In getting Information cide themselves the political future of South Article 14 about those military personnel and foreign Vietnamese through genuinely free andi South Vietnam will pursue a foreign policy civilians of the parties missing in action, democratic general elections under inter- of peace and Indepnendence. It will be pre- (b) The Four-Party Joint Military Com- national supervision. pared to establish relations with all coun- mission shall operate in accordance with the (c) Foreign countries shall not Impose any tries irrespective oftheir political and social principle of consultations and unanimity. political tendency or personality on the systems on the basis of mutual respect for Disagreements shall be referred to the Inter- South Vietnamese people. independence and sovereignty and accept national Commissions of Control and Super- Article 10 economic and technical aid from any coun- vision. The two South Vietnamese parties under- try with no political conditions attached. (c) The Four-Party Joint Military Com- take to respect the cease-fire and maintain The acceptance of military aid by South mission shall begin operating immediately October8, 1992 ONGRESSIONAL RECORD-SENATE 34183 after the signing of this Agreement and en(1 The United States and the Democratic Re Sfcrence on Vietnam. All the parties con- its activities in sixty days, after the comple- public of Vietnam, on behalf of the partle s cerned shall strictly Implement this Agree- tion of the withdrawal of U.S. troops ant1 participating In the Paris Conference 01 Soentani its Protocols. those of the other foreign countries men - Vietnam, will propose to the following par Done In Paris this twenty-seventh tiny of tioned in Article 3(a) and the completion olf ties that they participate in this Inter .January, One Thousand Nine lundred and the return of captured military personnecI national Conference: the People's Republic Seventy-Three, In Vietnamese and English. and foreign civilians of the parties, of China, the Republic of France, the Unlon SThe Vietnamese and English texts are offl- (dl The four parties shall agree imme- of Soviet Socialist Republics, the Unitet Sclal and equally authentic. tllately on the organization, the working pro- Kingdom, the four countries of the Inter- (Separate Numbered Pagel cedure. means of activity, and expenditures national Commission of Control and Super For the Government of the United States of the Four-Party Joint Military Commis- vision, and the Secretary General of the of America: slon. United Nations, together with the parties WILIAM P. R(tEIIt. Article 17 participating in the Paris Conference on SSerettary of Slate. (a)The two South Vietnamese parties shall Vietnam. For the Government of the Republic of immediately designate representatives tc ScHAIri'EtVII Vietnam: form a Two-Party Joint Military Commis- SRegarding Cambodia andLuos THANVAN LAM. Minister f/r Preignaffairs. sion with the task of ensuring joint action Article 20 by the two South Vietnamese parties in Im- (Separate Numbered Page) (a)The parties participating in the Paris S For the Government of the Democratic Re- plementing the following provisions of this Conference on Vietnam shall strictly respect Agreement: public of Vietnam: the 1954 Geneva Agreements on Cambodia NOUYI,NDUY The first paragraph of Article 2, regarding and the 1962 Geneva Agreements on Laos, TilINII, the enforcement of the cease-fire throughout which recognized the Cambodian and the Lao Minister for Forei,onaffairs. South Vietnam, when the Four-Party Joint For the Provisional Revolutionary Govern- peoples' funlamental national rights I.e., ment ofthe Republic of South Vietnam: Military Commission has ended its activi- the independence, sovereignty, ties; unity, and NOIUYINTill BINH, be- territorial integrity of these countries. The Minister for 'oreignAffairs, Article 3(b), regarding the cease-fire parties shall respect the neutrality of Cam- tween the two South Vietnamese parties; bodia Article 3(c). regarding the cease-fire be- and Laos. Aol:ettKIEN'ON ENDINO T'il WARAND The parties participating in the Paris Con- RSmsroIlsN PeACs IN VllarNAM tween all parties in South Vietnam, when ference on the Four-Party Vietnam undertake to refrain The Government of the United States of Joint Military Commission from using the territory of Cambodia anti the has ended its activities; America with the concurrence of the Govern- Article 7,regarding the prohibition of the territory of Laos to encroach on the sov- ment of the Republic of Vietnam, introduction of troops into South Vietnam ereignty anti security of one another and of The Government of the Democratic Repub- other countries. lic of Vietnam, with the concurrence of the and all other provisions of this article; (b) Foreign Article 8(c), regarding the question of the countries shall put an end to Provisional Revolutlonary Government of all military activities in Cambodia and Laos, tihe Republic of South Vietnam, return of Vietnamese civilian personnel cap- totally withtdrw from tured and detained in South Vietnam; and refrain from re- With a view to ending the war and restor- Article 13, regarding the reduction of the introducing Into these two countries troops, Ing peace in Vietnam on the basis of respect military effectives of the two South Viet- military advisers and military personnel, ar- of the Vietnamese people's fundamental na- namese parties and the demobilization of the nmaments,munitions and war material. tional rights and the South Vietnamese peo- troops being reduced. (c) The internal affairs of Cambodia and ple's right to self-determination, and to con- referred to the Laos shall be settled by the people of each of tributing to the consolidation of peace In (b)Disagreements shall be these countries without foreign interference. Asia and the world, International Commission of Control and Su- (d) The problems pervision. existing between the Have agreed on the following provisions (c) After the signing of this Agreement of Indochinese countries shall be settled by the and undertake to respect and to implement the Two-Party Joint Military Commlsslon Indochinese parties on the basis of respect them: shall agree immediately on the measures and for each other's Independence, sovereignty, (Text of Agreement Chapters I-VIII Same As and territorial Integrity, and non-inter- Above] organization aimed at enforcing the cease- ference fire and preserving peace in South Vietnam. in each other'sInternal affairs. CHAITPERIX Article 18 CIIAIfERtvIl Other provisions (a)After the signing of this Agreement, an The relationship between the United Slatesand Article 23 International Commission of Control and Su- theIDemocratic Republic of Vieltnam The Paris Agreement on Ending the War pervision shall be established immediately. Article 21 and Restoring Peace in Vietnam shall enter (b)Until the International Conference pro- The United States anticipates that this into force upon signature of this document vided for in Article 19 makes definite ar- Agreement will usher in an era of reconcill- by the Secretary of State of the Government rangements, the International Commission ation with the Democratic Republic of Viet- ofthe United States of America and the Min- of Control and Supervision will report to the nam as with all the peoples of Indochina. In ister for Foreign Affairs of the Government four parties on matters concerning the con- pursuance of its traditional policy, the Unit- of the Democratic Republic of Vietnam, and trol and supervision of the implication of the ed States will contribute to healing the upon signature of a document in the same following provisions of this Agreement: wounds of war and to postwar reconstruction terms by the Secretary of State of the Gov- The first paragraph of Article 2, regarding of tie Democrtlc Republic of Vietnam and ernment of the United States of America, the enforcement of the cease-fire throughout throughout Indochina. the Minister for Foreign Affairs of the Gov- South Vietnam; Article 22 ernment of the Republic of Vietnam, tile Article 3(a). regarding the ceaso-fire by Minister for Foreign Affairs of the Govern- The ending of the war, the restoration of ment of the Democratic Republic of Viet- U.S. forces and those of the other foreign peace in Vietnam, countries referred to in that Article; and the strict Implemen- nam, and the Minister for Foreign Affairs of Article 3(c) regarding the cease-fire be- tation of this Agreement will create condi- the Provisional Revolutionary Government tween all the parties In South Vietnam; tions for establishing a now,equal and mutu- of the Republic of South Vietnam. The Article 5, regarding the withdrawal from ally beneficial relationship between the Agreement and the protocols to it shall be South Vietnam of U.S. troops and those of United States and the Democratic Republic strictly Implemented by all the parties con- the other foreign countries mentioned in Ar- of Vietnam on the basis of respect for each cerned. ticle 3(a); other's independence and sovereignty, and Done in Paris this twenty-seventh day of noninterference in each other's internal af- January, One Thousand Nine lfundred and Article 19 fairs. At the same time this will ensure sta- Seventy-Three, in Vietnamese and English. The parties agree on the convening of an ble peace in Vietnam and contribute to the The Vietnamese and English texts are offi- International Conference within thirty days preservation of lasting peace in Indochina cial and equally authentic. of the signing of this Agreement to acknowl- ant Southeast Asia. For the Government of the United States edge the signed agreements; to guarantee the CHIAIrrEtIX of America: ending of the war. the maintenance of peace Other provislons WILLIAMP. ROoEII,. in Vietnam, the respect of the Vietnamese Secretary of Stale. people's fundamental national rights, and Article 23 For the Government of the Democratic Re- the South Vietnamese people's right to self- This Agreement shall enter into force upon public of Vietnam: determination; and to contribute to and signature by plenipotentiary representatives NOUYENDUY TRINII, guarantee peace in Indochina. of the parties participating in the Paris Con- Ministerforooreign Affairs. 34184 CONGRESSIONAL RECORD-SENATE October8, 1992 PROTOCOl.To THEAoRnEMENT ON ENDINGTHrl STHE RITURN OF CAI'UREDi AND DIrAINED etnamese parties shall, within fifteen days WAR AND RESTORINOPEACE IN VIETNAM VIErNAMESECIVILIAN IPEiSONNEI. after the cease-fire comes Into effect, agree CONCERNINGTilE RETURN OF CAIrUIREo Article 7 upon the designation of two or more national all places where MIlITARY PERSONNEL,AND FOREIGN CIVIl.- (a)The question of the return of Vietnam- Red Cross societies to visit IANS ANDCAIPrURED AND DICAINED VIiT- detained the captured and detained Vietnamese civil- ese civilian personnel captured and are held. NAMMSiCIVI,IAN PERSONNEL. in South Vietnam will be resolved by the two lan personnel The parties participating in the Paris Con- South Vietnamese parties on the basis of the wrIH REGARIl)T DEADAND MISSING PERSIONS ference on Vietnam, principles of Article 21(b) of the Agreement Article 10 In Implementation of Article 8 of the on the Cessation of Hostilities in Vietnam of (a) The Four-Party Joint Military Com- Agreement on Ending the War and Restoring July 20, 1954,which reads as follows: mission shall ensure joint action by the pa'- Peace In Vietnam signed on this date provid- "The term civilian internees' is unlerstood ties in implementing Article B(b) of the ing for the return of captured military per- to mean all persons who. having In any way Agreement. When the Four-Party Joint Mili- sonnel and foreign civilians, andt captured contributed to the political and armed strug- tary Commission has endled Its activities, a and detained Vietnamese civilian personnel, gle between the two parties, have been ar- Four-Party Joint Military team shall be Have agreed as follows: rested for that reason and have been kept In maintained to carry on this task. THERETURN DP CAIPTUREDMII,lTARY detention by either party during the period (b)With regard to Vietnamese civilian per- PERSONNEl,AND FOREION CIVILIANS of hostilities." sonnel dead or missing In South Vietnam, Article 1 (b)The two South Vietnamese parties will the two South Vietnamese parties shall help do so in a spirit of national reconciliation each other to obtain information about miss- The parties signatory to the Agreement and concord with a view to end hatred and shall return the captured military personnel ing persons, determine the location and take enmity In order to ease suffering ant to re- care of the graves of the dead, in a spirit of of the parties mentioned in Article 8(a) of unite families. The two South Vietnamese the Agreement as follows: national reconciliation and concord, In keep- parties will do their utmost to resolve this ing with the people's aspirations. All captured military personnel of the question within ninety days after the cease- United States and those of the other foreign fire comes into effect. OTHrR PROVISIONS countries mentioned In Article 3(a) of the (c) Within fifteen days after the cease-fire Article 11 Agreement shall be returned to United comes into effect, the two South Vietnamese States authorities; (a)The Four-Party and Two-Party Joint parties shall exchange lists of the Vietnam- Military Commissions will have the respon- All captured Vietnamese military person- ese civilian personnel captured and detained nel, whether belonging to regular or irregu- sibility of determining immediately the mo- by each party and lists of the places at which dalities of implementing the provisions of lar armed forces, shall be returned to the they are held. two South Vietnamese parties; they shall be this Protocol consistent with their respec- returned to that South Vietnamese party TREATMENTOF CAPTURED'PERSONS DURING tive responsibilities under Articles 16(a) and under whose command they served. DETENTION 17(a) of the Agreement. In case the Joint Military Commissions, when carrying out Article 2 Article 8 (a) All captured military personnel of the their tasks, cannot reach agreement on a All captured civilians who are nationals of matter pertaining to the return of captured the United States or of any other foreign parties and captured foreign civilians of the parties shall be treated humanely at all personnel they shall refer to the Inter- countries mentioned in Article 3(a) of the national Commission for its assistance. Agreement shall be returned to United times, and in accordance with international practice. (b) The Four-Party Joint Military Com- States authorities. All other captured for- mission shall form, in addition to the teams to the au- They shall be protected against all vio- eign civilians shall be returned In particular against established by the Protocol concerning the thorities of their country of nationality by lence to life and person, murder in any form, mutilation, torture and cease-fire In South Vietnam and the Joint any one of the parties willing and able to do Military Commissions, a subcommission on so. cruel treatment, and outrages upon personal dignity. These persons shall not be forced to captured persons and, as required, joint mili- Article 3 Join the armed forces of the detaining party. tary teams on captured persons to assist the The parties shall today exchange complete They shall be given adequate food, cloth- Commission in Its tasks. lists of captured persons mentioned in Arti- ing, shelter, and the medical attention re- (c) From the time the cease-fire comes Into cles 1 and 2 of this Protocol. quired for their state of health. They shall be force to the time when the Two-Party Joint Article 4 allowed to exchange post cards ani letters Military Commission becomes operational. with their families and receive parcels. the two South Vietnamese parties' delega- (a)The return of all captured persons men- ib) All Vietnamese civilian personnel cap- tions to the Four-Party Joint Military Com- tioned in Articles 1 and 2 of this Protocol mission shall form a provisional sub-com- shall be completed within sixty days of the tured and detained in South Vietnam shall be treated humanely at all times, and in ac- mission and provisional Joint military teams signing of the Agreement at a rate no slower to carry out Its tasks concerning captured from South cordance with International practice. than the rate of withdrawal They shall be protected against all vio- and detained Vietnamese civilian personnel. Vietnam of United States forces and those of (d) The Four-Party Joint Military Com- mentioned in Ar- lonce to life and person, In particular against the other foreign countries murder in any form, mutilation, torture and mission shall send joint military teams to ticle 5of the Agreement. observe the return of the persons mentioned Ib)Persons who are seriously ill, wounded cruel treatment, and outrages against per- sonal dignity. The detaining parties shall in Articles 1 and 2 of this Protocol at each of maimed, old persons and women shall be not deny or delay their return for any rea- place In Vietnam where such persons are returned first. The remainder shall be re- being returned, and at the last detention all from one de- son, including the fact that captured persons turned either by returning been prosecuted places from which these persons will be or In order of may, on any grounds, have tention place after another or sentenced. These persons shall not be taken to the places of return, The Two-Party their dates of capture, beginning with those Joint Military Commission shall send joint who have been held the longest. forced to oin the armed forces of the detain- ing party. military teams to observe the return of Viet- Article 5 They shall be given adequate food, cloth- namese civilian personnel captured and de- The return and reception of the persons ing, shelter, and he medical attention re- tained at each place in South Vietnam where mentioned in Articles 1 and 2 of this Proto- quired for their state of health. They shall be such persons are being returned, and at the col shall be carried out at places convenient allowed to exchange post cards and letters last detention places from which these per- to the concerned parties. Places of return with their families and receive parcels. sons will be taken to the places of return. shall be agreed upon by the Four-Party Joint Article 9 Article 12 Military Commission. The parties shall en- sure the safety of personnel engaged in the (a) To contribute to improving the living In implementation of Articles 18(b) and conditions of the captured military person- 18(0) of the Agreement, the international return and reception of those persons. nel of the parties ann foreign civilians of the Commission of Control and Supervision shall Article 6 parties, the parties shall, within fifteen days have the responsibility to control and super- Each party shall return all captured per- after the cease-fire comes into effect, agree vise the observance of Articles 1 through 7 of sons mentioned in Articles 1 and 2 of this upon the designation of two or more national this Protocol through observation of the re- Protocol without delay and shall facilitate Red Cross societies to visit all places where turn of captured military personnel, foreign their return and reception, The detaining captured military personnel and foreign ci- civilians and captured and detained Viet- parties shall not deny or delay their return vlllans are held. namese civilian personnel at each place in for any reason, Including the fact that cap- (b)To contribute to improving the living Vietnam where these persons are being re- tured persons may, on any grounds, have conditions of the captured and detained Viet- turned, and at the last detention places from been prosecuted or sentenced. namese civilian personnel, the two South Vi- which these persons will be taken to the October 8,1992 CONGRESSIONAL RECORD-SENA,TE 34185 places of return, the examination of lists, tionary Government of the Republic of ready. All they are waiting for is permission and the investigation of violations of the South Vietnam. The Protocol shall be strict- to go out into the Jungles and into the local provisions of the above-mentioned Articles. ly implemented by all the parties concerned Sinhabited areas to make searches and ask Article 13 Done In Paris this twenty-seventh day of questions of the local inhabitants. Yet the Within five days after January, One Thousand Nine Hundred anI permission to do so has not been forthcom- signature of this Seventy-Three, Protocol, each party shall publish the text of In Vietnamese and English .ing. The Four-Party Joint Military Team the Protocol and communicate it to all the The Vietnamese and English texts are offi Sdoes nothing but talk. Why do not the Com- clal and equally authentic. munists give us the permission they agreed captured persons covered by the protocol andt For the Government of the being detained by that party. United State: to give us? of America: A further complication Is that a goodly Article 14 WIIA,.MAsP. RocelES. number of these MIA's may be in Cambodia This protocol shall come into force upon Secretaryof Slate. and Laos. with at least 300 In Laos alone. signature by plenipotentiary representatives For the Government ofthe Democratic Re- Tie Khmer Rouge and the Laotian Com- of all the parties participating in the Paris public of Vietnam: munists are not parties to the Paris agree- Conference on Vietnam. It shall be strictly NOUYIENDUY TIIINH, mont. They are, however, strongly Influ- Implemented by all the parties concerned. Ministerrfor oreign Affairs. enced by the presence of the North Vietnam- Done in Paris this twenty-seventh day of Mr. DOLi,. Mr. President. I yield to the ese troops in that area. The only way that January. One Thousand Nine Hundred and Senator from North Carolina (Mr. Helms: Swe can ever expect the Cambodian and Lao- Seventy-Three, in Vietnamese and English. such time as he may require. tian Communists to give the requisite per- The Vietnamese and English texts are offi- Mr. HELMS.Mr. President, I thank my dis Smission to visit possible sites in those areas cial and equally authentic. tlnguished colleague from Kansas. is to continue our military operations in [Separate Numbered Page] The agreement which was signed in Paris Sthose areas. We must not forget that It was For the Government of the United States on January 27, 1973, provides in article 8Sthe decisive action of our President that of America: that- brought the North Vietnamese to enter sorl- WILLIAMP. RocoRS. (b)The parties shall help each other to get ous negotiations and forced them to agree- Secretary of Slate. information about those military personnel ment. Similar military activity Is the only For the Government of the Republic of and foreign civilians of the parties missing thing which will force the North Vietnamese Vietnam: In action, to detcrmine the location and take to adhere to these agreements to withdraw TRANVAN LAM. care of the graves of the dead so as to facili- from Cambodia and force the native Com- Ministerfor Foreign Affairs. tate the exhumation and repatriation of the munists to allow us to find our MIA's, dead remains, and to take any such other meas- or alive. [Separate Numbered Page] ures as may be required to get information Mr. President,I repeat, the only way to get For the Government of the Democratic Re- about those still considered missing In ao- a satisfactory accounting of our MIA's is to public of Vietnam: tlon. allow the President the discretion to con- NOUYENDUY TRINH, In addition, the protocol to the agreement tinue air support as necessary, but to con- Minister for ForeignAffairs. "Concerning the Return of Captured Mili- tinue under the conditions which are specifi- For the Provisional Revolutionary Govern- tary Personnel and Foreign Civilians and cally stated in our proposed amendment, ment of the Republic ofSouth Vietnam: Captured and Detained Vietnamese Civilian I would point out, Mr. President, and em- NGUYENTIII BINI, Personnel" states in article 10,"With Regard phasize, that this amendment contains a re- Minister for ForeignAffairs. to Dead and Missing Persons," the- quirement that the President report to Con- (a) The Four-Party Joint Military Com- gress. PROTOCOLTO THEAGREKMENT ON ENDINGTiH mission shall ensure Joint action by the par'- It Is apparent from yesterday's vote that WAR AND RESTORINGPEACE IN VIETNAM ties In implementing Article 8(b) of the there is sentiment In this body to cut off im- CONCIININO THE RITURN OF CAPTURDOAgreement. When the Four-Party Joint Mili- mediately appropriations for military action MILITARYPERSONNEL AND FOREIGN CIVIL- tary Commission has ended Its activities, a in Laos and Cambodia. I disagree with this IANS AND CAPTUREDAND DETAINEDVIET- Four-Party Joint Military team shall be sentiment. Yet at the same time, I think NAMESECIVILIAN PERSONNELI maintained to carry on this task. that my distinguished colleagues will realize The Government of the United States of Furthermore, according to article 17 of the the importance of our receiving a full no- America. with the concurrence of the Gov- agreement, disagreements will be referred to counting of the MIA's. The amendment ernment of the Republic of Vietnam, the International Commission on Control which the distinguished Senator from Kan- The Government of the Democratic Repub- and Supervision. sas (Mr,Dol,E) and I are offering today seeks lie of Vietnam, with the concurrence of the Mr. President, so far, these provisions lave a reasonable compromise among reasonable Provisional Revolutionary Government of been substantively inoperative. The Four- men. It would simply withhold the effect of the Republic of South Vietnam. Party Joint Military Commission has met the amendment offered by the Junior Senator In implementation of Article 8 of the for Its allotted 60days, and has left Vietnam. from Missouri until such time as we received Agreement on Ending the War and Restoring The Four-Party Joint Military Team re- a satisfactory accounting of our MIA's. I am Peace in Vietnam signed on this date provid- mains. Two visits have been made to Ihanoi sure that no one In this body would want to ing for the return of captured military per- under very strictly supervised cir- be responsible for prolonging such an ac- sonnel and foreign civilians, and captured cumstances. But, for the most part, the counting of our MIA's. and detained Vietnamese civilian personnel. meetings of the parties have been perfunc- Under the Paris agreement, the four par- Have agreed as follows: tory. We are still in the process of negotiat- ties are supposed to cooperate In such an ac- as ing with the North Vietnamese for permis- counting. The Communists have not cooper- [Text of Protocol Articles 1-13same sion to are above] visit crash sites, and possible grave- ated. At the very least, the Communists yards. They have not budged 1 inch to help supposed to allow the United States to take ARTICLE14 us substantively to identify the missing in the necessary steps to arrive at an account- The Protocol to the Paris Agreement on action. nlg. They have not given us the simple per- Ending the War and Restoring Peace in Viet- On January 27, we had 1,929military per- mission to make our own searches. Yet at nam concerning the Return of Captured Mili- sonnel officially listed as missing in action, the very moment when we are poised to tary Personnel and Foreign Civilians and As of May 26,the number is 1,284throughout begin such searches, there are some who Captured and Detained Vietnamese Civilian Southeast Asia. This decrease has not come would tie the hands of the President and re- Personnel shall enter into force upon signa- about because of any help from the North Vi- move from him the only sanctions we have ture of this document by the Secretary of etnamese Communists; it is because some of to force Hanoi to comply with the agreement State of the Government of the United the MIA's have been identified as returning in respect to accounting for MIA's, If there States of America and the Minister for For- prisoners of war. Yet we still have the right are those who favor the Eagleton amend- eign Affairs of the Government of the Demo- under the agreement, to remove the remains ment, lot them at least consider whether its cratic Republic of Vietnam, and upon signa- of those identified, but we have not been effect should be delayed until there Is a dem- ture of a document in the same terms by the granted that permission. onstration of good faith on the part of the Secretary of State of the Government of the Mr. President, the U.S. Joint Casualty Communists that they are willing to live up United States of America, the Minister for Resolution Center has been established at to article 8 of the agreement which they Foreign Affairs of the Government of the Re- Nakhon Phanom. Thailand, and is assigned signed. public of Vietnam, the Minister for Foreign the mission of resolving the status of U.S. Surely we owe this to the wives and fami- Affairs of the Government of the Democratic missing personnel. They are ready to locate lies and other loved ones of the American Republic of Vietnam, and the Minister for crash sites or grave sites. Their teams are men who went out there to do their duty for Foreign Affairs of the Provisional Rovolu- ready. Their identification laboratory Is our country-men who are now missing, men 34186 CONGRESSIONAL RECORD-SENATE October 8, 1992 whose wives and families still live in thi Snel assigned to our Joint Casualty Resolu -the cooperation of the communist authorl- agony of uncertainty. tlon Center in Thailand have advised thait ties. Our aim Is to find the fullest possible Mr. President, I reserve the remainder of they have no complaints of noncooperatlor Sinformation on each missing man. We recog- my time. on the part of the North Vietnamese. They nize this is an enormous undertaking, and Mr. EAO.IlTON.Mr. President, there is nolt Indicated that the procedure may be goins Sthat we cannot succeed in every case, or a Senator In this body who does not want the along slower than we would like; however, Seven in a majority of cases. But we Intend to North Vietnamese to provide a full account - there is no indication that our Government try. Ing of our missing in action as is required by Is prepared to protest the current level of ac- There are no more tragic victims of war the Paris agreement. Many would supportt tivity. than the families of MIA's. These families diplomatic or economic sanctions against Mr. President, what we are asked to do by Saredestined to continue their life never fully North Vietnam, to force that nation to up- the Dole amendment, before we have even knowing whether their loved one may still hold its obligations under the agreement. filed a formal protest with the ICCS. before be alive in some far-off corner of the world. But that is not the Issue before us today Swe even communicate with the North Viet- The Indochina war is not much different The issue is whether the combat activities Snamese with respect to the recovery of the than other wars we have fought il that re- being conducted In Cambodia by the Presi- MIA's. Is to declare war In a third nation- gard-the tragedy and the sorrow is the dent of the United States are legal or wise. Cambodia. same. In World War If the United States had As Secretary Richardson has said, a vote I would like to read from the testimony a total of 35.368missing personnel; 29,151are to defeat section 305 would be a vote to ac- that Is going to be delivered this afternoon now considered dead and 1,754 are still car- quiesce In the air operation. But we are now by Mr. Frank A. Sleverts, special assistant ried in missing status. In the Korean war confronted with an amendment which, it to the Deputy Secretary of State for Pris- 5,178 Americans were either missing or cap adopted and passed into law along with sec- oners of War andt Men Missing in Action. tured. A larger percentage of that number tion 305 would constitute the legal author- This testimony will be delivered-perhaps it were returned by the enemy where they had ization of Congress to continue the bombing is being delivered now-before a subcommit- been held as POW's. But still over 1,000are until the President decides it should stop. tee of the House Committee on Foreign Af- listed as missing In action. This amendment is dynamite in sheep's fairs. This Is what Mr. Sieverts says about So the unfortunate tragedy of the MIA Is clothing, and the Senator from Kansas the cooperation we are receiving with re- not unique to our most recent war experi- knows it. spect to the MIA's.I read from page 12: ence. In every case, the U.S. Government My amendment deals only with Cambodia We are In direct contact with officials of puts forth a maximum effort to obtain a full and Laos, nations whose governments have the communist side. In Saigon, we are pro- accounting of its missing in action. But I no obligations under the Paris agreement. ceeding through the Four-Party Joint Mili- submit that never in our history have we North Vietnam, is obliged to carry out that tary Team, established under the Viet-Nam made the mistake of entering another war agreement, but to link the failure of that Agreement. The Team has already made two before we have exhausted all diplomatic ef- country to abide by the provisions of the trips to North Viet-Nam to visit cemeteries forts to obtain that full accounting. Paris agreement to a decision to go to war where Americans who died in captivity are Mr. President. I have received letters from In a nation only incidentally affected by that buried. Communist officials have also ac- the families of our missing in action. It is agreement would be sheer nonsense. Yet, knowledged the existence of additional difficult to give these people even a little that is what the Dole amendment is asking graves of Americans who died in aircraft hope. Dr. Kissinger and the Defense Depart- us to do-to give our legal sanction to the crashes or of other causes. Our aim Is to ar- ment have expressed strong doubts that any Cambodian war. range the early repatriation of the remains are still alive. The tactic is clear, of course-obscure the ofas many of these persons as possible. I read again from the testimony Mbr. central Issue with a totally unrelated mat- At the same time, we have made clear our Sleverts is submitting this afternoon: ter-a matter of great concern to the Mem- urgent interest In receiving information on It should be noted that there is no indica- bers of this body. But we have come too far the missing. Complete lists of our missing tion from these debrlefings of POW's that to be hoodwinked Into authorizing a new war personnel have been provided to the Four- any American personnel continue to be held in Indochina through the back door. This Party Team for this purpose. In Indochina. All American prisoners known amendment would not only undercut section In Laos. U.S. officials have been in direct to any of our returned POW's have either 305,It would, In effect, transform it into a contact with representatives of the Lao Pa- been released or been listed by the com- declaration of war. triotic Front (the Pathet Lao) to press for munist authorities as having died in cap- I urge my colleagues, before we take the additional information on Americans miss- tivity. Returnees with whom I have talked, drastic step the Senator from Kansas is ask- ing or captured In Laos. We have told the including those who appeared before this ing us to take, to look at the effort that has communist side of our concern at the small Subcommittee May 23, are clear In their be- been undertaken to date in pursuit of a full number of Americans listed as captured in lief that no U.S. prisoners continue to be accounting of our MIA's. Laos. In view of past hints that a larger held. Before the dissolution of the Four-Party number were held by Pathet Lao forces, andi It is a tragic Irony that the Defense De- Joint Military Commission on May 28, a in view of evidence that at least two others partment carried no MIA In Cambodia prior Four-Party Joint Team was established as had been captured In Laos. The communist to the January 27 cease-fire agreement. an ongoing adjunct of the original Four side has repeatedly told us and has recently Since that agreement, however, two Ameri- Power Commission. This team meets regu- stated publicly that there are no more Amer- cans have been lost in bombing operations larly In Saigon and is specifically designated icans captured or held in Laos. They have and are now listed as missing in action. Yet, to carry out the portions of the cease-fire also said that further accounting for the the Senator from Kansas wants this body to agreement on missing in action. missing must await the formation of a coali- give legal sanction to the combat activity As a result of the continuing meetings be- tion government, as specified In the Feb- which is adding Americans to the list of tween the Four-Party Team, two recent vis- ruary 21 Laos cease-fire agreement. Our ef- MIA's. its took place to North Vietnam for the pur- forts to convince the communist side to pro- No one can return life to those who are pose of identifying and recovering missing In ceed with this accounting without waiting dead, but what we can do here today, in our action. On May 11, the team was taken by for a new government to be formed have thus own way, is see to It that no more die and the North Vietnamese to an empty cemetery far been in vain. that there are no more missing in action. It where, according to the North Vietnamese, is because we should now be well aware of 12 Americans had been buried. One week We are carrying out our own efforts to the pain suffered by the families of MIA's later, on May 18, the team was taken to a search for information on our missing and that we must reject this amendment. gravesite outside of Hanoi where they in- dead. Specific responsibility for this has Mr. SYMINOTON.Mr. President, will the spected 23gravesltes and verified that each been assigned to the Joint Casualty Resolu- Senator yield? contained the remains of Americans pre- tion Center (JCRC).located in Thailand near The PglISIlINO OFPICER.The Senator from viously listed as MIA's. the Laos and Viet-Nam borders. The JCRC is Missouri has 9 minutes remaining. The Four-Party Team continues to meet in manned by American military personnel antd Mr.EACeI.LON. I yield 8 minutes to the Saigon 2 or 3 times a week and are now dis- functions with the close assistance of our Senator from Missouri. cussing methods to repatriate the remains of embassies and consulates In the area. We IOMnINGOOF CAMnoniIA the American dead. In addition, the team is have told the communist side about the Mr. SYMINGTON.Mr. President, in recent discussing with the North Vietnamese an In- JCRC, making clear its peaceful, open. and days Senators advocating a continuation of spection schedule whereby the team could humanitarian purpose. The JCRC already the United States bombing of Cambodia have travel to known or suspected crash sites in has carried out a number of searches, so far made a series of misstatements of fact In North Vietnam. in South Viet-Nam. We plan to work in har- support of their positions. According to investigators from the For- mony with local people wherever Americans I feel confident, of course, that none of eign Relations Committee, military person- may be missing or dead, and we hope to have those involved have made these mistaken October8, 1992 (ONGRESSIONAL RECORD-SENATE 34187 statements deliberately. Indeed, they appear In fact, following the Vietnam cease-fire, There being no objection, the statement to have been based on similar misstatements Lon Nol announced that his troops would was ordered to be printed in the RECORD,as persistently made by executive branch offi- suspend offensive operations so that the Sfollows: cials in recent months. North Vietnamese could withdraw and LonI STATEMENTOF DR.ROOER H. SHIELDS Fortunately, In this instance the Senator SNol warned that if they did not withdraw, his Mr. Chairman, members of the committee: does not have to rely solely on information troops would take action against them. This It is a privilege for me to represent the De- provided by the executive branch in consid- was not a cease-fire offer; it was an ulti- partment of Defense here today. I particu- ering the Cambodian question. Members of matum. Furthermore, Lon Nol's troops did larly welcome the opportunity to talk with the staff of the Subcommittee on U.S. Secu- not all suspend operations whereas for sev- you because, unlike the last time we met, rity Agreements and Commitments Abroad eral days most of the Cambodian insurgents part ofa great effort in behalf of our missing of the Senate Foreign Relations Committee. apparently did. and captured men and their families has which subcommittee I have the honor to It has also been said that- reached a heartwarming and satisfying con- chair, spent the month of April in Indochina U.S. air strikes are meticulously targeted clusion. I am referring specifically to the re- and have brought back a report which, after and controlled toavoid civilian casualties. turn from captivity of 566American military review by the executive branch, has been Our Air Force, while it undoubtedly does personnel and 25 U.S. civilians. Nine foreign made available to the Senate and the public. its best to avoid civilian casualties, is unable nationals were also released. I would like to and which contradicts the basic premises of to do so because our authorities do not have insert in the record at this point a statistical the administration's argument in support of available to them the type of detailed infor- summary of these 591returned Americans. the Cambodian bombing. mation required to avoid civilian casualties As you know, these Americans were taken I wish briefly to note some of the principal and because the airplanes being used and the prisoner while serving in Southeast Asia. errors made by the administration and its manner in which they are employed make it Their period of captivity ranged from only a supporters in this debate. impossible to avoid civilian casualties. few months to as long as ten years. During It has been claimed,for instance, that: Furthermore, our staff has reported that this time they faced deprivations and made We are bombing North Vietnamese troops. the procedural safeguards employed in Cam- The fact is that the vast majority of our sacrifices that very few men ever encounter. bodia are nowhere near as tight as those pre- Here at home the families of our missing and bombing is directed not at the North Viet- viously used in Laos where thousands of ci- namese, but at the troops of the Cambodian captured endured years of frustration wait- vilian casualties resulted from our devasta- ing for some word about the condition or sta- faction opposing Lon Nol. In briefings at the tion of the Plain of Jars. In fact, local Cam- Pentagon, at U.S. 7th Air Force Head- tus of their men, These families were Joined bodian commanders are reported to call for by countless Americans and virtually every quarters in Thailand and at the American air strikes without regard to possible civil- Embassy in Phnom Penh, our staff was told government agency in a great national en- ian presence and an assistant air attache in deavor to obtain a full and accurate account- that the heavy preponderance of forces op- the American Embassy, far from the scene of posing the Lon Nol forces are Cambodian In- ing of all the men, and better treatment and the fighting, authorizes strikes on behalf of the ultimate release of those held captive. As surgents. our Ambassador. It has also been claimed that- I have indicated, only part of our work is fin- The North Vietnamese are currently main- Mr. President, these are the facts that ished. About 1300 men still remain unac- talning some 40.000 troops In Cambodia. Of those men went out and obtained shortly be- counted for and their families continue the fore this debate started. There are many seemingly endless vigil in their behalf. I will this total, some 30.000are support troops,at other misstatements of fact which I could least 3,500 are targeted against the Cam- discuss our current efforts to resolve the per- bodian government forces, and some 30 mili- cite that have been made on the floor In an plexing issue of those who did not return in effort to justify this incredible bombing, But just a moment. tary advisors per battalion are helping the those which I have noted should be sufficient Cambodian insurgent forces. During the months and years preceding the As is evident even from the quote Itself, it to indicate that once again the American long awaited return of our men, a major part is deceptive to speak of "40,000 North Viet- people have been given a distorted view of of our work involved detailed planning for namese troops in Cambodia" when only a the war in Indo-China. What these mis- their repatriation. Presentations before this small percentage of these troops are targeted statements amount to is an erroneous pic- and. other committees usually centered against the forces of the Phnom Penh re- ture of who we are fighting, where we are around the anticipated problems of recep- gime. Furthermore. the number of North Vi- bombing, and a misrepresentation of the tion, processing, rehabilitation, and read- etnamese engaged against Lon Nol's forces, basis for our bombing. Justment of the returned prisoners of war. according to figures given the subcommittee As mentioned previously, the legal ration- Much of this planning was done in the face of staff as an agreed U.S. intelligence commu- ale for the President's authority to continue great uncertainty. For example, we did not nity estimate in early April. was not "at the bombing as presented by the executive know how many men would be released, least 3,500" but probably "about 2,000 or at branch is equally invalid. what condition they would be in, or even most 3,000." Moreover, the subcommittee Mr. DOLE.Mr. President, how much time where they would be returned to us. These staff was told that at most there were three remains? uncertainties necessitated planning for a or four advisers attached to some-but not The PRESIDINGOFFICER. The Senator from wide range of possibilities with contingency all-insurgent battalions. Cambodian insur- Kansas has 9 minutes remaining and the plans ready at our military hospitals in Eu- gent ralliers with whom our staff was asked Senator from Missouri has 12 minutes re- rope as well as in the Pacific Theater. I can to meet by the Cambodian Government said maining. say with considerable satisfaction that our there were no North Vietnamese attached to Mr. DOLE.Mr. President, I wish to use this homecoming plans were well-founded. From their former battalions. time to make as a part of the RECORDa the moment the first 116 men were released One of the most serious misrepresentations statement delivered today by Dr. Roger E. In North Vietnam on February 12,1973, until is that which involves the alleged North Vi- Shields, Assistant to the Assistant Secretary the last one was released by the PRO In etnamese violation of the Vietnamese cease- of Defense-International Security Affairs- South Vietnam on April 1, 1973,the return of fire agreement as regards Cambodia. The Ad- before the Subcommittee on National Secu- our men was handled with efficiency, thor- ministration's supporters have said, for ex- rity Policy and Scientific Development, of oughness. and sensitivity. The initial recep- ample- the Foreign Affairs Committee on the House. tion, aeromedlcal evacuation, enroute medi- U.S. air operations were a precise response I would like to make one comment with ref- cal treatment, and the ultimate family re- to the North Vietnamese violation of Article erence to the paragraph on page 8 where Dr. unions and processing in the United States 20 (ofthe Vietnam ceasefire agreement). Shields speaks of the efforts to verify the are a tribute to the outstanding cooperation The fact is that there has been no North status of our MIA's and discusses those re- and mutual support demonstrated by the Vietnamese violation of article 20.According sponsible for the verifications. He states: four military services. We in the Department to the State Department, the terms of arti- On two occasions, May 11 and 18,the team, of Defense received unparalleled cooperation cle 20 are not yet operative and do not re- along with representatives of the joint cas- and assistance from agencies in both the quire withdrawal until or unless there is a ualty resolution center, Journeyed to North Federal and State Governments: especially cease-fire agreement in Cambodia. Secretary Vietnam where burial sites, allegedly of from the Department of State, the Congress Rogers himself recently acknowledged in a American servicemen, were seen. Identifica- of the United States, and our President. hearing before the Foreign Relations Com- tion and recovery of remains were not under- Our returned men have now completed the mittee that the North Vietnamese are not in taken on these occasions because of lack of homecoming processing events. Most of violation of article 20. permission from the North Vietnamese. them are on convalescent leave and are busy Another erroneous assertion is that which Mr. President, I ask unanimous consent to getting acquainted with their families and states that- have printed in the RECORDthe entire state- their country once again. Many have already When the (Vietnam)cease-fire was signed, ment made by Dr. Roger E. Shields, Assist- received future assignments and are prepar- the Cambodian Government declared a ant to the Assistant Secretary of Defense, to ing to resume active military careers. Some cease-fire. which I have Just referred. are undergoing scheduled treatment to cor- 34188 CONGRESSIONAL RECORD-SENATE October8, 1992 rect physical deficiencies noted during the the release of our men to gain accurate In- journeyed to North Vietnam where burial detailed medical evaluation received over- formation about those listed as missing or sites, allegedly of American servicemen, seas andi here at home. All of the men have Scaptured. Even while we planned our repatri- were seen. Identification and recover of re- been brought up to date In personnel and fi- ation activities, we simultaneously prepared mains were not undertaken on these occa- nancial matters and have been debriefed on for the time when direct action to account sions because of lack of permission from the their experiences in captivity. The 31 mili- for our missing would be possible through North Vietnamese. We are currently trying tary installations that accomplished the negotiation or systematic search. To date, to arrange for the exhumation and repatri- processing In the U.S. remain as head- extensive data has been fathered and stored ation of these remains and of any other quarters for the men while they are free on in automated data handling systems for ease American dead known to tile other side. convalescent leave anti until they actively in correlation and analysis. This data in- Another issue that Is of major concern to resume military or civilian professions. All cludes extensive descriptive information on us is the acquisition of entry rights for our agencies In the Department of Defense stand the individuals concerned, such as carefully search teams to areas throughout Southeast ready to help the men and their families dur- plotted locations where they were last seen. Asia where our men are missing. The success ing this transition period. and eyewitness accounts from our own forces of the Joint casualty resolution center's mis- In the future, we are prepared to provide as well as all accessible indigenous residents sion depends heavily on the operating au- whatever assistance Is required for as long as who were known to possess information thorities and the cooperation of the coun- may be necessary. For example, the Depart- about our prisoners or missing. One comput- tries Involved. We believe that our search ment of Defense has Implemented a program erized program that is particularly unique teams should be given access to all locations through which returned men who leave the contains Information taken from medical where our men are believed to be missing. military prior to obtaining retirement eligi- records concerning all individual physical This is especially true for Laos where only bility will, along with their families, be au- characteristics which would, with the aid of nine Americans were listed for repatriation thorized to obtain health care in any mili- advanced technology, help facilitate the while over 300of our men still remain unac- tary medical facility for a period of five prompt and accurate identification of any counted for.Our teams possess the great ex- years from the date of separation. Near the remains that are recovered. pertise required for this complex and dan- end of the five year period, each situation In order to update members of Congress on gerous mission, as well as the motivation to will be reevaluated. This program will help efforts being made to resolve the serious do a complete and thorough job. Neverthe- guarantee that each returned prisoner of war problem of accounting for the missing, the less, we invite and welcome host country will receive immediate and long-term medi- Department of Defense submitted a paper to participation in the activities of our field cal attention from military medical special- them on February 2, 1973.Before proceeding teams.Indeed, we feel that host country par- lets who are familiar with the Southeast further. I would like to submit for the record ticipation is essential to the safety of our Asia captivity environment, and who have this paper and Its memorandum of transmit- own teams and to the success of the mission. access to complete records andt documenta- tal. To give you a better idea of the task facing tion in the military medical archives. For There are now two primary agencies upon the joint casualty resolution center and our those who elect to leave the military, we are which we are relying heavily to help resolve negotiators, let me turn back to some statis- also prepared to provide a full range of job the status of our missing: The Four-Party tics that I mentioned earlier. As you recall, counseling and assistance in cooperation Joint I said that there are some 1,300who are unac- with private industry. For those who remain Joint Military Team (FPJMT) and the Casualty Resolution Center (JCRC). In ac- counted for In Southeast Asia and some 1,100 on active duty, the Services have developed dead and familiarization pro- cordance with the agreements signed In others who have been declared officially special retraining Paris, the Four-Party Joint Military Team by the services but whose remains have not grams. One program, for example, involves com- two weeks of academic updating on military, was established after termination of the been recovered. More than 1,900of the national, and international matters. Four-Party Joint Military Commission ex- posite 2.400 In these two categories are the Much ofthe credit for the success of home- pressly for the purpose of arranging for the result of air crashes. There are more than coming must be given to tie men themselves recovery of remains and exchange Informa- 1,000such crash sites involving over 50 dif- and to their families. They handled the repa- tion to help clarify the status of the missing. ferent types and models of aircraft. The triation events anti the reunion with families The Joint Casualty Resolution Center was number varies from nearly 400in North Viet- and countrymen with great dignity and pa- activated in January of this year in South nam to less than 20 in Cambodia. These crash triotism. They have been an Inspiration to Vietnam. In February, with approval of the sites are scattered throughout the rugged this country. Based on the accounts of their Royal Thai Government, the Joint Nakhon terrain in Southeast Asia-on mountains and captivity experiences. I would say that their Phanom Royal Thai Air Force Base in in dense uninhabited Jungles. Approximately ability to endure so long under such harsh northeasternn Thailand. Within the limits 150of the crashes were at sea. Some 90 per- conditions can be largely attributed to their imposed upon it, the Joint Casualty Resolu- cent of the sites are in militarily contested courage and determination and to their faith tion Center supervises and conducts search areas or in areas controlled by the other in God and country. operations designed to resolve the fate ofthe side. While we are grateful for the return of missing and recover remains wherever pos- So far, some five crash sites in non-con- these men, our joy and sense of accomplish- sible. the entire operation is peaceful, open, tested areas of South Vietnam have been in- ment are tempered by the fact that others, and humanitarian in nature. In its current spected. The inspection of these sites has al- listed by our government as missing and cap- location, the Joint Casualty Resolution Cen- lowed refinement of procedures and tech- tured, did not return. A full accounting for ter is centrally located with regard to all the niques in preparation for the more complex these men Is not yet available to us. Some areas in which American personnel were lost. and hazardous operations to come. Pieces of fear that In the wake of homecoming, we will The mission of our delegation to the Four- aircraft wreckage and other materials have forget those who are unaccounted for and Ig- Party Joint Military Team has three pri- been located and are being analyzed for iden- nore the plight of their families. I want to mary aspects: (1)To obtain information from tification purposes. On one of the first search assure you that this will not happen. The De- the other side about U.S. military and civil- operations, a South Vietnamese soldier was partment of Defense will continue to seek ian persons who are missing in action; (2)to killed by an unexploded booby trap while the fullest possible accounting for these men obtain information about the location of the participating with an advance element that anti to provide their families with every pos- graves of those persons who died in captivity had been sent to clear the area for the main sible assistance just as we have in the past. or were killed in action: and (3)to negotiate search party. This is a clear indication that In addition, we will seek to recover the re- entry rights for U.S. search and inspection the overall effort will be both difficult and mains of the missing who have died and operations into areas where there are be- dangerous. For the record, I would like to those who are already listed as killed in ac- lieved to be unrecovered remains or where submit a fact sheet on the joint casualty res- tion but whose remains have not been recov- those still unaccounted for were last believed olution center that explains In greater detail ered. to be located. the unit's organizational structure and Before discussing the preparations that we The chief of our delegation, an Army colo- methods of operation. have made and the actions we are now tak- nel, Is responsible through the defense atta- I would like to address now the question of ing to achieve our objectives. I would like to che office in Saigon and the U.S. support ac- the degree of success that we might ulti- place the problem in perspective by inserting tivity group in Thailand to the U.S. com- mately achieve and how long this might in the RECOnR a statistical breakdown of mander in chief. Pacific, Admiral Noel take. Prior to the repatriation of our pris- some 1300men who remain unaccounted for Gayler. Our delegation is also responsive to oners there were high expectations that In Southeast Asia. In addition to this num- the policy guidance and instructions of the large numbers of missing in action cases ber, there are about 1100 others who have ambassador in Saigon. Since the first meet- could he resolved from debriefing of the re- been declared (lead by the Services but whose ing of the team on April 4.over twenty ses- turned men. Unfortunately, this has not been remains have not been recovered. sions have been held. On two occasions. May the case. The debrleflngs have been per- As the members of the committee know, 11and 18. the team, along with representa- formed in a professional manner with sen- every possible avenue was explored prior to tives of the joint casualty resolution center, sitivity, and the data carefully analyzed and October 8, 1992 ONGRESSIONAL RECORD-SENATE 34189 stored for future reference. Nevertheless, it minatlons is not a now one for the services. PERSONNELUNACCOUNTED FORIN SOUTHEAST ASIA (AS appears that less than 100status changes will Those involved In this often unhappy part of OFMAY 26, 1973) be made on the basis of this Information. We the prisoner of war/missing In action Issue are hopeful that a significant number of ad- are experienced and skilled and expert in up- Counlry hmyNly SMCUSa Total ditional status changes will result from ne- holding the public law ani at the same time ll V nam...... 13 25 32 411 gotiated arrangements for the exchange of protecting, to the best of their ability, the Swtl V ltnram...... 329 5 o0 89 491 Information and the return of remains from ultimate Interests of the missing men and a ...... I 13 14 265 30 locations throughout Indochina. IIow quick- their families. ly we will achieve results from these efforts l sal...... 34> 151 109 ci7 1.284 I cannot say. The four-party Joint military In making status determinations, two pos- 'Indludn rnit missng asa lell l eaauall SsIn lh einilyd team has made some progress in this area, sibilities exist besides the option of remain- HainanIslan *htle in Itansl Ith onkiCull. 'Indudd20mnism in Cambolr aas a ullol US. an lsores and op and I am hopeful that our patience and per- ing the individual In a missing status. In alontin ecnTemy lancuary aret along SVICambodlan bder. sistence will be rewarded by ultimate suc- those cases where information is received cess. which conclusively establishes that the OFFICe OFiiTIIE SIcill'tTAiRY Even after all information has bee ex- member is dead, then a report of death will OFDI;FISNBI, changed and all known remains exhumed and be issued. A finding of death, commonly Washington, DC,I'February 2, 197. repatriated, there will undoubtedly be cases known as a "presumptive finding" is made MhISMOIIANDIUMrtlO SFeNA'TOIIS AND M11,sllM11 lip which yet remain to he resolved, Take as an when circumstances are such that the miss- TIIHIl1ous OFIRI,I'ItHeSNTATIVES example the case of a missing aircraft which ing individual cannot reasonably be pre- I have prepared the attachesd Information crashed in the sea or uninhabited Jungle. It sumed to be living. An individual who was Is likely neither side In the recent conflict to Insure that you are Informed concerning lost over water and who was not amonir tile very important and serious proloem of would know the whereabouts of the wreck- those released or acknowledged by the other age or the fate of the crew. In other cases, accounting for outr servicemen who are miss- side In any way Is a good example of a poten- ing In action In Southeast Asia. even though the locations were once known, finding." It Is possible that both wreckage and grave tial "presumptive I want to assure you personally that we in sites may have succumbed to the ravages of The problems surrounding the question of the Department of Defenso will meticulously time and the havoc of war. It is abundantly those not yet accounted for are difficult in explore all avenues and exhaust all clues In clear that the tasks of determining how every respect. We are prepared to do the Job our quest to account for each Individual lost some of our missing died and the recovery of through the machinery that we now have in In Southeast Asia. Also. I want to reafflim remains could be prolonged if not impossible. motion, but we are convinced that the issue that we consider each of our missing equally As for those who are thought to have been will not be resolved quickly or easily. I want as Important as our prisoners who are re- captured alive but who have not been re- to assure you again that we will uphold outr turning. turned, let me say that this is perhaps the responsibilities and our obligations in this Your Interest and support In our endeavor most agonizing and frustrating issue of all. is appreciated. matter. We will provide the families of our Sincerely. These are the cases of men who were seen on missing men every possible assistance. And the ground of whose pictures were released ROset E. SBHInlI.,. for those who must face a final negative de- Assislulot for I'W//MIAMaillers. subsequent to capture but who, for one rea- termination, we are prepared to offer com- son or another, have not returned and for plete counseling and guidance to help ease who the other side has yet to provide a satis- OFFICIe OF' T SrlECI 01 DlIFENsiOt the resulting burdens, as well as heartfelt ashinglloi. D.C.,D., f-bruary 2,1973. factory explanation. We do not consider the sympathy. lists received so far to be complete and accu- ACCOUNTINGFOIL MILITAIIY PItISONNEh WiHO rate accounting for our men. We do have, Mr. Chairman, members of this sub- AIE LISTEDIAS MISSINGIN ACTION though, an agreement which provides for all committee, may I again express the appre- The purpose of this memorandum is to pro- actions necessary to account as completely ciation of the Department of Defense for vide a description of the efforts belsg made as possible for all who have not returned or your kind Invitation to appear here today to acquire as full an accounting of our mlsa- are otherwise unaccounted for. We believe and for your steadfast work in behalf of our Ing In action personnel as posslble, that implementation of this agreement will men and their families. The opportunity to The United States Government will make provide the speediest and most satisfactory discuss the current status of our returned every possible effort to acquire an account- answers to our questions. men and the Issue of our missing is truly ing for our servicemen missing In notion In In summary, we are working now to final- welcomed. Southeast Asia. ize arrangement which will provide for the In this regard, the Agreement which was speedy return of remains for our known dead REPORIEDfOR RELEASE AND RETURNED 10U.S. signed In Paris on January 27, 1973.provides from locations throughout Southeast Asia, CONTROL-FEB.12,-APR. 1, 1973 In Article 8 that: and for the acquistion of clarify information "* ** (b) the parties shall help each other on any others. On the other hand, the task of Countl USA USN ULSA to get information about those military per- inspecting crash sites of locations where the USMCC Toaln sonnel and foreign civilians of the parties missing were last seen and of finding, NoIlhicetlm...... 135 312 9 15 missing In action, to determine the location exhuming, and identifying remains may be SalhVielna ...... 11 6 1 21 22 and take care of the graves of the dead so as difficult and prolonged, at least over several Las ...... 0 6 0 2 9 to facilitate the exhumation and repatri- years, especially if operating limitations re- China...... I I '3 ation of the remains, and to take any such main an obstacle. Some crash sites and t al...... 11 138 325 26 25 591 other measures as may be required to get In- graves may never be found. formation about those still considered miss- IOtaineesin PRC ho weereleased durin Ithe reerenced Ime perio As for status changes, I want to emphasize anaprocesed Ihrough Ihe hsomecomn tnlm. InotIn action." that they are not unalterably tied to the in- alolaldot notinlude Ihild counlty nalionals. In addition, the Protocol to the Agreement spection of combat sites or to the recovery "Concerning the Return of Captured Mili- or remains. We have made changes In status tary Personnel and Foreign Civilians and from missing In action or prisoner of war to Captured and Detained Vietnamese Civllian killed In action throughout the recent con- RELEASEINCREMENTS ANDDATES Personnel" states In Article 10, "With Re- flict. Since March, the services have made gard to Dead and Missing Persons" that: about 80 more status changes to killed in ac- PlacePlac. Ile--193 MilitaryC mian "(a) the Four-Party Joint Military Com- tion, and we can expect that more will be mission shall ensure Joint action by the par- basis in the future. NorthVicnamn e R ) ...... feb. 12 .... 116 0 ties In implementing Article 8(b) of the made on a contining SoulhVlelnam (PG ...... do...... 19 8 The recording and changing of status of NorthVielnam DR ) ...... eb 18.... 20 0 Agreement. When the Four-Party Joint Mill- the missing are governed by sections 551-558, NorthVietnam R .....-...... Mat.4.... 106 tary Commission has ended its activities, a title 37, United States Code. Under public NorthVaetnam P ...... _...... Mar. 5 21. 3 Four-Party Joint Military team shall be China(lC ...... M. 12 ... 0 I law, the service secretaries are given respon- NorthVitnam R( V) ...... M 14... 107 maintained to carry on the task." Disagree- sibility for status changes. To assist him, China C...... Mat.15 2 0 ments will be referred to the International each secretary calls upon professionals with- NorthVlilnaa (P ...... 16. 21 Commission on Control and Supervision (Ar- in his organization who conduct and exhaus- NothVe nm (PC)...... Mar.21 -. ticle 17of the Agreement). NalhVetnan mPalet lac ...... Ma. . I tive study, based on all available informa- NorhoVelnam (OV ...... 40 It sareemphasized that the U.S. Govern- tion of each individual case. Their task is a NothVielnam (DRV) ...... Ma. 2 ... 61 ment will do everything In its power to In. painful one requiring countless hours of S lbV lnalm(iPRG) ...... [.I ..... I 0 sure that all parties adhere to the true sense of the Agreement. To this end, Major Gen- diliberation and calling ultimately for dif- otal...... _...... 566 25 ficult decisions. The subject of status deter- emal Gilbert i. Woodward, United States 34190 CONGRESSIONAL RECORD-SENATE October 8,1992 Army, has been appointed as the Unite(I FACI'SHNFr: UNIrED STATESJOINT CASUAIrY Includes data analysis, automated data proc- States Representative on the Four-Party SR,SDtlUTION CENTER essing, photo interpretation of aerial photos Military Commission which will have rep The Joint Casualty Resolution Centes of crash sites, crash/grave site identification resentation from the United States, South (JCRC),commanded by Army Brigadier Gen of areas in which JCRC teams will operate, Vietnam, North Vietnam and the Viet Cong, eral Robert Kingston, is a joint task force es- .and the maintaining of casualty records or General Woodward has had extensive experi- tablished by and under the command of the dossiers on those personnel who have been in ence in negotiations of this type as the Sen- Commander in Chief Pacific. The unit is a missing in action status at one time or an- ior Member United Nations Command, Mili- under the operational control of the Com- other during the conflict. tary Armistice Commission, United Nations mander. United States Support Activities The Operations Division directs activities CommandUUnited States Forces Korea during Group (USSAG). The Joint Casualty Resolu- in the areas of operations. plans andl commu- the period leading up to and at the time of tion Center operates under Joint Chiefs of nications. It also has a Public Communica- the USS PUEBLO crewmembers release. The Staff approved mission anl joint table of dis- tlons Branch which provides staff assistance task of the Four-Party Military Commission tribution. In the development of public information will be to implement appropriate provisions The Joint Casualty Resolution Center is an programs in an effort to obtain additional in- of the Agreement, including Article 8 quoted outgrowth of United States Government ef- formation concerning crash and burial sites. above. As the U.S. Representative. General forts to Identify, document, and maintain The major subordinate elements involved Woodward Is responsible for obtaining from records of known and suspected missing in In the field operations are two control other members of the Commission all MIA action and prisoners of war. These records teams, one oriented toward operations in information hold by them, and will coordi- were initially maintained by the Joint Per- Vietnam and one toward Laos ani Cambodia. nate with them the investigations by U.S. sonnel Recovery Center (JPRC), Saigon be- These control teams provide command and teams of incidents surrounding the loss of ginning in 1966.When the JCRC was estab- control of casualty resolution field teams, each of our MIA personnel. lished In Saigon on 23 January 19773,the each comprise of five men, and will have The United States Joint Casualty Resolu- records of the JCRC were turned over to the operational command of all special aug- tion Center (JCRC) has been established at new organization. mentation personnel needed to accomplish Nakhon Phanom (NKP),Thailand and is as- The mission of the JCRC is to assist in re- the mission. Each control team has the capa- signed the mission of resolving the status of bility of launching, supporting, and extract- U.S. missing personnel. Personnel from the solving the status of those U.S. personnel missing in action (MIA)and those personnel ing the field teams and provides for requisite JCRC will locate and investigate crash sites air,communications, and logistics support. or grave sites throughout Southeast Asia as declared dead whose bodies were not recov- ered (BNR), through the provision of infor- The field teams which will search for crash arranged through the Four-Party Joint Mil- or grave sites consist of an officer, a radio tary Commission. The organization of the mation/coordination andlor conduct of oper- ations to locate and investigate crash and operator, a medic, an interviewer, and a gen- JCRC will provide the expertise for these in- eral duty assistant to the officer in charge, vestigations, utilizing air search and ground grave sites and recover and identify remains search teams and a central identification throughout Southeast Asia. who are all Special Forces Troops. In planning for our field operations, we use Special Forces personnel will be used be- laboratory with a pool of specialist to in- cause they are trained to operate harmo- spect located crash and grave sites and re- the following assumption: cover remains. a. All parties concerned will meet their ob- niously with indigenous peoples, familiar It is expected that endeavors in remsole ligations with respect to MIA's and dead as- with Jungle terrain and survival techniques, areas will normally include air andi ground sumed under the Vietnam and Lao agree- and are available for this humanitarian ef- searches for crash sites. U.S.-led teams In ments and will mutually assist in the resolu- fort with minimum additional training. The conjunction with an air search will thor- tion of such cases. field teams will be augmented, as required, oughly investigate assigned areas of oper- b. Conditions for coordination with person- by Air Force air crash investigators, ord- ation for suspected crash and grave sites. If nel In countries concerned will be provided nance demolition technicians provided to a crash or grave site is located, personnel in accordance with terms of the cease-fire disarm unexpended ordnance and booby traps from the Central Identification Laboratory agreements. near crash sites, and by indigenous person- (graves registration specialists) and crash c. Coordination of in-country activities in nel who will assist in the search andi on-sits site Investigators will be utilized for a de- Laos and Cambodia will be accomplished operations. The JCRO has 11 organic field tailed on-scene investigation. through CINCPAC senior military represent- teams,with an augmentation capability of 10 In the more inhabited areas,personal con- atives or designated American Embassy offi- more teams from the 1st Special Forces tact with the local people following exten- cers, Group on Okinawa and 16 teams from U.S. sive Information programs and coordination d. Coordination of in-country activities Special Forces assets in Thailand. will be a primary technique. Grave registra- within North and South Vietnam will be ac- The Central Identification Laboratory. tion specialists with interpreters, exploiting complished through negotiations within the Thailand (CIL), located at Samae San, be- information gained from all sources and with Four-Party Joint Military Team. tween U-tapao and Sattahip in Southeastern authority to grant suitable rewards for use- e. Access to all pertinent areas of South- Thailand, about 80 miles from Bangkok, is ful information will conduct the major ef- east Asia will be sought to allow JCRC under the operational command of the Joint forts In those areas where the location of teams to conduct casualty resolution oper- Casualty Resolution Center. The CIL Is orga- crash or grave sites Is more likely to be ations. nized into an identification laboratory and known and reasonably accessible. In Saigon, an officer assigned to the Office eight five-man recovery teams which will ac- Certain areas require that highly qualified of the Defense Attache. American Embassy company the casualty resolution field teams. U.S. personnel lead the ground searches be- has been designated to act as a channel for The field teams will be deployed in various cause many are in highly remote areas or in direct communications between JCRC Head- ways. They can be utilized as separate enti- the vicinity of roads or trails which are quarters and the U.S. Delegation to the ties in the search operations for selected lo- heavily booby trapped and endangered by FPJMT. cations, or they can be deployed In a cluster unexploded ordnance. It Is anticipated that The JCRC is organized under a dual deputy arrangement. This concept visualizes a num- recovery detachment teams will include in- system: The Deputy Commander for Staff ber of concurrent and consecutive crash/ digenous personnel recruited, trained, and Operations is responsible for the staff plan- grave site operations located In one general utilized in each country of interest with the ning and coordination: the Deputy Com- area. This area would be In the vicinity of a cooperation of the host government. mander for the Field Operations supervises forward operating base which ideally would While the Department of Defense will the field units. be adjacent to an air strip that could accom- strive to accomplish this massive task of ac- Organizationally, the JCRC staff accom- modate arrival, resupply, and departure air- counting for the missing military personnel plishes the normal staff functions. Addi- craft. The cluster concept provides a single In the shortest possible time, it must be real- tional comments need to be made on three of area to concentrate on, allows for maximum ized that It will not be done quickly or eas- the staff elements. advantage to be taken of predicted climatic ily. For example, In the case of a missing air- The Public Affairs Officer on the staff pro- and weather cycles, maximizes the use of craft which crashed in the sea or uninhabited vides all available Information on JCRC ac- helicopters by short but frequent missions to Jungle, it Is likely neither side in the recent tivities to the MACTIAI PAO in Bangkok. A support several teams in one area, enhances conflict would know the whereabouts of the JCRC officer is assigned to that office, where the command, control, and communications crash. he serves as a casualty resolution point of support of a number of field teams from the The Secretary of Defense and all Defense contact and is in constant contact with the central operating base, facilitates logistics Department personnel realize and accept the JCRC on all casualty resolution matters. and reduces the Insertion problem of the spe- obligation to do their best in performing this The Casualty Data Division assembles, cor- cial augmentation personnel (Explosive Ord- Important task. This we owe to the families relates, and analyzes information on person- nance Disposal [EOD], crash investigators, of the missing in action personnel. We intend nel who are missing in the vicinity of crash documentary photographers, and CIL recov- to fulfill that obligation. anti burial sites. The function of this division ery teams). October 8, 1992 CONGRESSIONAL RECORD-SENATE 34191 A review of the steps that would be in- changes were made from "missing in action" 'needsto know if North Vietnam Is not living volved in the recovery process follows. First, to "killed in action." up to the Paris Agreement: our amendment the Casualty Resolution Staff develops se- I happen to believe that we owe tie fami- would encourage the President to keep Con- lected areas for search and investigation lies of these Americans-of course0 they are Sgrss Informed in this respect. At the same based on known crash and grave sites. The not many; there are only 1,0 0-a quick ac. time, it would give the President the means detailed planning and coordination effort counting and a quick verification, so their to continue whatever pressure is necessary using all available Information culminates status will be known. to resolve the status of the MJA's. in an aerial search of the area, If authorized. I really cannot see that it does any great If you would care to Join us as a co-spon- This combined research will be followed by damage to the so-called Eagleton amend- sor. please contact us on the Floor, or call insertion of the forward operating base and ment to provide the President tils leverage. John Smith lext, 6521)or Jim Luclcr (ext, later the field teams and special augmenta- First, the President must make a finding. 6312). tion personnel. A detailed search and inspec- Then he must make a report. And then, and Sincerely, tion will follow. The results of these mis- only then, could he avoid the restrictions of Boll DOLE, sions will be carefully documented. Upon the Eagleton amendment. U.S. Senate. completion of the search and investigation The POW's are home now, and the POW's. Jesse lEists, process, the teams and forward operating as I said, have been welcomed, and we all re- U.S. Senate. base will be extracted. Remains that have joice in their homecoming. We all are con- Mr. DOLE.Mr. President, let me read a part been located will be flown to the CIL for cerned about those who were killed in South- of that letter: identification. east Asia, those who remain, and those who We believe that tie Senate must go on After analysis and recording has been com- are hospitalized. And, yes, we are concerned record for a clear accounting of all MIA's. pleted, a detailed report will be forwarded to about the MIA's, who have no voice at all, We must have a full complete, and detailed the services to assist In final determination unless it comes from the Congress. resolution of the status of each man insofar on status of the personnel. Identified re- I am under no Illusion. I do not expect this as possible. Every means of securing compli- mains will be returned to the United States amendment to the Eagleton amendment to ance in this respect must be available to the for burial as desired by next of kin. prevail. But I would hope those who read the President. Yet the Eagleton Amendment to Mr. DOLE.Mr. President, I would hope that RECoID and those who sit down next year or I.R. 7447, the Supplemental Appropriations the North Vietnamese would carry out the 20 years from now to read the RImoRI), in the bill, would severely limit the Presldent's ef- agreement signed on January 27 with respect event the North Vietnamese do not carry out forts to secure compliance. to the MIA's, even though they are not car- the agreement, will know there were those of Mr. President, that Is all we wish to do by rying out the agreement with reference to us in the Senate who stood and let our views offering this amendment. We wish to make military operations in Cambodia. be known. Foreign Relations, entitled "U.S. certain that we preserve the President's But I would suggest, as I said before, that Air Operations In Cambodia: April 1973." right, the Commander in Chiefs right, to I am not attempting to restrict, in effect, On page I. subparagraph (b)reads: make certain that those who are missing In the Eagleton amendment in regard to strict- During the last two weeks in March, the action are properly accounted for. ly military considerations. The amendment U.S. Air Force had flown a daily average of The PiEsBilniN OFFICEII.All of the Sen- offered by me and by the Senator from North 58 B-52 sorties. 30 F-11 sorties, II gunship ator's time has expired. Carolina states: sorties and 140 other tactical air sorties, Mr. EAO,IcONr. Mr. President, how much "Provided, however, That these restrictions more than two times the sortie rate before time remains to me? shall be of no force or effect if the President January 29. The PEuSImlNGOFriccK. The Senator has 12 finds and forthwith so reports to the Con- In subparagraph (i). It states: minutes remaining. gress that the Government of North Vietnam (e) Only 20 percent of the U.S. air strikes Mr. EAOLKroN. I yield 6 minutes to the is not making an accounting, to the best of being flown were in support of Cambodlan Senator from Montana. Its ability, of all missing In action personnel forces while 80 percent were directed at the Mr. MANSFIELD. Mr. President. if the of the United States in Southeast Asia, or is interdiction of North Vietnamese lines of amendment offered by the distinguished Sen- otherwise not complying with the provisions communication into South Vietnam. ator from Kansas (Mr. DOLE)and the distin- of article 8 of the agreement signed in Paris Mr. President, I wish to reserve time for guished Senator from North Carolina (Mr. on January 27, 1973,and article 10 of the pro- my colleague from North Carolina. but I HKI.As)is adopted, we can kiss the Eagleton- tocol to the agreement 'Concerning the Re- want to conclude my statement by reading Brooke-McClellan amendment good-bye, The turn of Captured Military Personnel and from a letter we sent to every Member of effect will be to nullify what the Senate Foreign Civilians and Captured and Detained tis body. Committee on Appropriations did without Vietnamese Civilian Personnel'." First, I ask unanimous consent that the opposition and what the Senate Itself, in ef- That Is all we suggest by this amendment, entire letter be Inserted In the RECORD,at fect, did by a vote of55 to 21 on Tuesday last. That is all we suggest, I might add. In the this point. Under the amendment now being consid- past 2,3, or 4 years, with reference to POW's. There being no objection, the letter was or- ered, the bombing in Cambodia could go on We had about the same arguments for the dered to be printed in the ReICOn. as follows: Indefinitely, because I note from the news same arguments against. No one questions U.S. SENATE. ticker this morning that "the United States that motives or patriotism of those who had Washington,D.C., May 31,1973. is still identifying missing in action from a different view, but I stand here as one who DBAn CO,ld,AOOU:Today, more than four World War II, a quarter-century ago, and It has worked with families of MIA's and months since the Paris Peace Agreement on could take months-if not years-for the sta- POW's.This is the least we can do. Vietnam was signed, some 1,300 Americans tus of remaining Vietnam MIA's to be set- Yes, we can say the North Vietnamese are are still missing in Southeast Asia. In spite tied." going to permit us to do this and that. but of specific provisions in Article 8 of the There is no person in this Chamber who Is what assurance do we have? What are the Agreement and its protocols for verification not Interested-if not more interested-in diplomatic sanctions referred to by the Sen- and information on missing men, the North the missing in action, Just as we were Inter- ator from Missouri that we would Impose? Vietnamese have failed to allow inspection ested In the release of the POW's,the return I do not want the bombing of Cambodia to operations to be undertaken or to provide of the POW's, and the return of U.S. porson- continue, either, but I do not want to take any Information concerning the status or nel in South Vietnam, away from the President of the United fate of these men. Ithink we ought to face up to the realities States whether it is the present President or We believe that the Senate must go on and recognize that our Government has cre- some other President-that leverage if the record for a clear accounting of all MIA's. ated a Joint committee which Is now sta- North Vietnamese turn their backs and say, We must have a full, complete, and detailed tioned, I believe, In Bangkok for the purpose "There will be no further investigation with resolution of the status of each man insofar of finding and identifying some 1,400or 1,500 reference to MIA's." as possible. Every means of securing compli- personnel still listed as missing in action. Having talked with some of the wives and ance in this respect must be available to the As the distinguished senior Senator from some of the families of MIA's since January President. Yet the Eagleton Amendment to Missouri said, It Is a tragic irony that the 27 of this year. I think it is fair to say that II.R. 7447. the Supplemental Appropriatlons Department of Defense carried no MIA's In the great majority of these people, those di- bill, would severely limit the President's ef- Cambodia prior to the January 27 ceasofire rectly involved, want to know the status of forts to secure compliance. agreement. Since that agreement, however. their sons or husbands. Are they dead or Therefore, today, we intend to offer an two Americans have been lost in bombing op- alive? amendment to suspend the restrictions of erations and are now listed as missing In ac- There was once a great hope that once the the Eaglcton Amendment if the President tion. POW's came back and were debriefed, the finds and so reports to Congress that North If Senators want to create more missing In status of many MIA's could be determined or Vietnam is not making an accounting as re- action, let them vote to continue the bomb- changed, but, as I understand it, only 100 quired under the Paris Agreement. Congress Ing. If they want to acquiesce in the present 34192 CONGRESSIONAL RECORD-SENATE October8, 1992 policy of the administration to continue th e I repeat, in summarizing the testimony The PiESIINoG OFFICER.All time has ex- bombing, let them vote for this amendment . being given today by the Assistance Sec- pired. The question is on agreeing to the If they want to get out of Laos and Cam- retary, the administration is In contact with amendment of the Senator from Kansas to bodla, and all of Southeast Asia, on a lock ,the North Vietnamese, and the effort is the committee amendment. On this question stock, and barrel basis, they will see to it going forward insofar as recovering anti iden- tie yeas anti nays have been ordered, and the that the Eagleton-Brooke-McClellan amend -tifying the MIA's, clerk will call tile roll. mont remalns Intact. Insofar as the Dole amendment enhancing The assistant legislative clerk called the I have received 13or 14 letters from met Sthe possibility of peace. I point out that all roll. stationed at Utapao and Anderson Fieldl n it would do would be to involve us in another Mr. STIVENS (after having voted In the af- Guam. war, but this time It would be called tihe firmative). Mr. President, on this vote I have Here Is the last one: Cambodian War. a pair with the Senator from Connecticut DEARMR. MANSPIE.I: At long last, Con Mr. CHII.S. Mr. President, will the Senator (Mr. Welcker). If he were present antl voting, gress Is asserting itself In its opposition t( yield? he would vote "nay"; if I were at liberty to American military involvement in Indo S Mr. EAOLh'ON.I yield. vote. I would vote "yea." Therefore, I with- china. It Is with deep interest that I have SMr Ctill,ES. Mr. President. I wonder If the draw mllyvote. been watching the recent developments Ir Senator from Missouri or perhaps the Son- Mr. RonlIrrr C. BYRD.I announce that the the House and now In the Senate. I have a Sator from Kansas could explain the meaning Senator from Nevada (Mr. Bible), the Sen- personal interest in such developments be-- of the amendment to me. I am trying to un- ator from Nevada (Mr.Cannon), the Senator cause I am a B-52 copilot currently stationed Sderstand the amendment. from Idaho (Mr. Church), the Senator from temporarily on Guam. The amendment says: North Carolina (Mr.Ervin). the Senator from Of the several significant reasons which S These restrictions shall be of no force or Connecticut (Mr. Riblcoff), the Senator from would Justify an immediate halt to the effect If the President finds and forthwith so Georgia (Mr. Talmnadge), and the Senator bombing of Cambodia, the most significant Sreports to the Congress that the government from Wyoming (Mr. McGee) are necessarily is the questionable legality of the bombing. Sof North Vietnam is not making an account- absent. The reasoning behind the legality has thus Ing, to the best of its ability, of all missing I further announce that Senator from Ala- far, at least, been flimsy. In action personnel of the United States in bama (Mr. Alien), and the Senator from Col- In addition, the tremendous amount offuel orado (Mr, Haskell) are absent on official consumed by all of the B-52s in their daily Southeast Asia. That is the language as I read it. What I business. missions contributes dramatically to the se- I also announce that the Senator from Mis- vere energy crisis being experienced In the am trying to understand Is, If this amend- ment is agreed to, would it not be to the al- sissippi (Mr. Stennis)Is absent because of Ill- United States. Utilization of B-52s alone, op- ness. erating out of Guam and Thailand on bomb- vantage of North Vietnam to not make an ef- I further announce that tie Senator from ing missions, use up approximately 2Vhmil- fort, because If they did not make an effort, the restrictions would not be In effect. Maine (Mr. Muskie) is absent because of a lion gallons of fuel every day. death in the family. Also, a most serious concern Is the possible Mr. DO.E. Mr. President, first there must I further announce that if present and vot- loss of planes and men over Cambodia, thus be a finding by the President. Second, there Ing, the Senator from Colorado (Mr.Has- resulting in additional prisoners being taken must be a report to the Congress, and after kell), the Senator from Idaho (Mr. Church). by the enemy. the report Is made, we could cut off the ac- the Senator from Connecticut (Ar.Riblcoff), The flight crews engaged In these oper- tion just like that. If we did not cut it off, and the Senator from Nevada (Mr. Bible) ations are truly being utilized as merce- there would then be the bombing. would each vote "nay." naries. Apparently all that is required for B- Mr. CHIlES. Mr. President, would not tile Mr. GRIFFIN. I announce that the Senator 52s and the various other aircraft involved in North Vietnamese want the restrictions not from Tennessee (Mr. Baker), the Senator these operations to conduct their missions Is to be in effect? from Utah (Mr. Bennett). the Senator from a request by a besieged government for such Mr. Do0.E.They want the Eagleton restric- Colorado (Mr. Dominick). the Senator from assistance. It is a frightening thought. tions to be in effect, because then they could Hawaii (Mr. Fong), and the Senator from Mr. President, the only way to deal with do anything. Connecticut (Mr. Weicker) are necessarily this situation Is to face up to our respon- All I am saying is that in this one rare In- absent. sibility. The only way to do it effectively is stance, In this one small Instance, we are The Senator from Arizona (Mr.Goldwater) to cut the purse strings. And that is what talking about American MIA's. Some are is absent by leave of the Senate on official the Eagleton amendment does, because It from Plorida. some from Kansas, anti some business. locks off funds from any and all directions from Missouri. In that one instance, where The Senator from New Hampshire (iMr. and any and all acts so that If the Congress there is no effort made for an accounting, if Cotton) is absent because of illness in his speaks on this basis, it will mean that we the President so finds and reports to the family. will at long last-13 years too late-get out Congress, we resume the bombing. The pair of the Senator from Connecticut of Southeast Asia all the way. And, as far as Mr. CHILES.Mr. President, it looks to me (Mr. Welcker) has been previously an- the MIA's are concerned, this Government is as this would in no way help tie effort. It nounced. making every effort, and will continue to do could confuse the effort, and I would not The result was announced-ycas 25, nays so, to attempt to identify them. But if we want to do that. 56,as follows: want more MIA's, we should vote for the Mr. DOLE. Mr. President. I want to keep [No.161 Leg.l pending amendment and we will get them, the pressure on. YIeAS-25 Just as we are getting them now in Cam- The PRESIDINGOFFICER. Who yields time? bodia. Mr. EAGLETON.Mr. President, I yield back Bartlett, Beall, Bellmon, Brock, Buckley, If we want quicker action as far as the the remainder of my time. Curtis, Dole, Domenici, Eastland, Fannin, MIA's are concerned, we should keep the Griffin, Gurney. Mr. PERCY.Mr. President, I think it Is fair Hansen, Ihelms, Hruska, Eagleton amendment Intact. to say that my concern for the fate of Ameri- Jackson, Long, The PRESIDINGOF l'ICt .Who yields time? McClure, Roth, Scott, Pa., Scott, Va., cans unaccounted for in Indochlna Is as great Sparkman,Taft, Thurmond, Tower. Mr. EAG,lrTON.Mr. President, how much as any man's.I have supported every respon- time remains? sible effort to achieve the release of pris- NAYS-56 The PtRESIDINOFFICcR. The Senator from oners of war a full accounting of those Abourezk. Aiken, Bayh. Bentsen. Biden, Missouri has 4 minutes remaining. antl missing in action. I have conferred at length Brooke, Burdlck, Byrd, Harry F., Jr., Byrd, Mr. EAGol,ON.Mr. President, I will be very Robert C., Case, brief because I could not add to the excellent with the Department of Defense officials Chiles, Clark, Cook, Cran- whose task Is to find tile missing Americans ston, Eagleton, Fulbright, Gravel, Hart. remarks which the distinguished majority Hnrtke, Hatfield, Hathaway, Holllngs, Hud- leader has just made on this subject matter. In Indochina, and I have told them that we will not be satisfied until the job is done. dleston, Hughes, Humphrey, Inouye, Javits, The Senator from Kansas (Mr.DOLE) said: Johnston, Kennedy, "This Is the least we can do," meaning the lowever, at this time I cannot justify con- Magnuson, Mansfield, Dole-Helms amendment. tinued American air combat over Cambodia Mathias, McClellan. McGovern, MlIntyre. Mr. President, I say that this is the worst ant Laos in an effort to put greater pressure Metcalf, Mondale. we could do insofar as this country is con- on North Vietnam to release information Montoya, Moss, Nelson, Nunn, Packwood, cerned. This gives the President the right to about the missing In action. Passage of this Pastoro, Pearson, Pell, Percy, Proxmire, continue bombing as long as he sees fit, on amendment, I believe, would bring more Randolph, Saxbe, Schweiker, Stafford, Ste- and on anti on, entlessly in a new area of American deaths, the taking of more Amer- venson, Symlngton, Tunney, Williams, warfare. ican prisoners, and an increase in the num- Young. As the Senator from Montana said, this her of Americans missing in action, for this I'PESiNTAND GIVING A LIVEPAIR. AS will not recover the MIA's, and, unquestion- would Inevitably be the result of continued I'tviIoust.Y tcoRDnsn-t-- ably, this will add to the MIA list. American participation In combat. Stevens, for. October 8, 1992 :ONGRESSIONAL RECORD-SENATE 34193 NOTVOTINO--1 that the defendant has committed of- resentativo Sensenbrenner accordingly pro- Alien, Baker, Bennett. Bible, Cannon, fonses of the same sort on other occa- posed an amondment to add those measures Church, Cotton,Domlnlck. Ervin. sions. to the bill. The amendment included: Fong, Goldwater, Haskell, McGee, Muskie. (1)A general rule of admissibility in sexual No. 4, When the Democrat-controlled nssault and child molestation cases for evi- Rlblcoff, Stennis. Talmadge, Welcker. conference committee got hold of the So Mr. Dole's amendment was rejected. dence that the defendant has committed of- House and Senate crime bills, they re- fenses of the same sort on other occasions. IalOTECT'INOWOMEN ISNOT A I'AI'rISANISSUE moved nearly every provision which (2)Doubling of the maximum penalties for Mr. DOLE. Mr. President, the distin- got tough with those who assault recilivlst sex offenders. guished chairman of the Senate Judici- women. (3)Broadened definition of "sexual act" for victims below tie age of 16. ary Committee held a news conference Some of the provisions which were last Friday (4)Authorization of restitution for victims to discuss the tragedy of vi- removed-at the insistence of the Dem- In all sexual assault and child molestation olence against women. ocrat-controlled committee-included: cases, whether or not physical Injury results. I commend Senator BIDEN for his in- A doubling of maximum penalties for (5)HIV testing of defendants In sex offense terest in this matter. No doubt about recidivist sex offenders; cases with disclosure of test results to vic- it, the statistics are very disturbing. A Authorization of restitution in sex tims. staggering 2.5 million national violent (6)Penalty enhancement for HIV posltive offense cases, whether or not plhysical sex offcnlers who risk infection of their vic- crimes are committed against women injury results; and HIV testing of do- tims. each year. In fact, according to the fondants in sex offense cases with dis- 17)Government payment of the cost of IIIV Senate Judiciary Committee, violent closure of test results to victims. testing for victims of sexual assaults. attacks by men are the No. 1 health The incomprehensible removal of (8)Extension of restitution to include child care, transportation, and other expenses re- risk to adult women in America today. these provisions is one of the reasons I While I do not doubt Senator BIDEN's sulting to the victim from participation In have opposed the conference report on the Investigation or prosecution or attend- interest in this matter-or the concern the crime bill. ance at proceedings. of the media which ran a flurry of sto- No. 5. Congresswoman MOLINARI and (9)Authority for court to enforce restitu- ries following the press conference-I I are trying again, and last month, we tion orders by suspending eligibility for fed- would like to ask where have the media introduced the Sexual Assault Preven- eral grants, contracts,s, ans and licenses (10)Giviln victims of sexual assaults and been for the past 2 years? tion Act of 1992. Mr. President, I ask unanimous con- other violent crimes the right to address the But again, the liberal Democrats in court concerning the sctcence to be Imposed. sent to enter into the RECORD a de- charge tell us they have problems with (11)Protecting the victim's right to an Im- tailed summary of how the Democrat the bill. They have problems with au- partial jury by equalizing at 6 the number of leadership in Congress has consistently thorizing the death penalty for mur- peremptory challengeos accorded to the de- blocked sexual assault and victims fense and the prosecution in jury selection. ders committed by sex offenders. They Confronted with the Sensenbrenner amend- rights provisions from becoming law. still have problems with testing sex of- I would urge the media to read this ment, tile Democratic leadership of the Judi fenders for AIDS, and they have prob- ciary Committee made the following offer to important document, and let me brief- lems with letting evidence come in at Rep. Sensenbrenner: The amendment would ly summarize a few of the facts it con- trials that accused sex offenders or be accepted, but only if he dropped the most tains. child molesters had committed offenses important part of It-the prior-crimes evi- No. 1. Congresswoman SUSAN MoL- of the same type before. dence rule for sex offense cases (item (1) INARI and I introduced the Women's In conclusion, Mr. President, let me supra). Faced with the alternative of having Equal Opportunity Act on February 21, the Democratic majority vote down the just say that press releases and news whole amendment, Rep. Sensenbrenner ac- 1991. This legislation is more pro- conferences are nice-but they should women and more anticriminal than cepted tils offer, andi the amendment minus not obscure the fact that if President the prior-crimes evidence rule was adopted any bill introduced by the democrat Bush and Senate Republicans had their by the Judiciary Committee. leadership. Unfortunately, the Dole- way, many of the proposals advanced Following the Judiciary Committee leader- Molinari bill has never received a hear- by Senator BIDEN and trumpeted ship's successful move against the prior- by the crimes evidence rule In the context of the ing. media-and some much tougher ones-- No. 2. The anticrime legislation would already have become law. Committee's consideration of the general President Bush proposed in March of crime bill (original HI,R. 3371),Rep. Sonson- The summary follows: brenner re-Introduced the prior crimes eel- 1991 contained many of the same sexual OnSTIUCTIONor SEXUAI,VIOLENCE AND VIC- dence rule as a separate bill (H.R.3463). The assault and victims rights provisions 'rIMS RIoTrs LECISIrATIONiY T'ri DtMO- Judiciary Committee leadership has never contained in the Dole-Molinari bill. CiA'TICLiKAD)ESHIl' IN CONORESS subsequently held hearings or taken any and many of its provisions are tougher other action n this proposal. The Dole-lolinarl "Women's Equal Oppor- H.R. than those in Senator BIDEN'S bill. tunity" bill (11.R.1149 and S. 472) and the When the general crime bill (original Unfortunately, the Senate Democrats President's violent crime bill (H.R. 1400and 3371)moved to the floor following the Com- would not allow the President's variety of important provi- mittee action, 'Rep. Miollnarl proposed an pro- S. 635)contain a amendment to restore the prior-crimes evi- posal to be used as the vehicle for the slons to combat sexual violence and dence rule provision. The Rules Committee crime bill. strengthen the rights of victims. These pro- allowed a large number of amendments to be Not once in the past 2 years have the posals have created a dilemma for the Demo- proposed to the bill on the floor, including media come to me asking about my cratic leadership in Congress: Supporting many dealing with relatively minor issues. these measures would run counter to their However, it rejected Rep. Mollnarl's pro- legislation combatting sexual assault, usual identification with criminal defense and not once did I see a story detailing posed amendment. Interests. However, opposing them would The outcome of tihe Initial round In the the provisions in the President's legis- mean being on the wrong side of anti-rape, House was that 11R.3371 as originally passed lation. pmo-women measures. Included all of the measures In the Sonsen- No. 3. Despite the lack of interest The leadership's response has been to ob- brenner amendment other than the prior- from Democrats or the media, Repub- struct these provisions through procedural crimes evidence rule for sex offense cases. As licans in the House succeeded in at- maneuvering, while avoiding the embarrass- a result of the cooperative obstruction by ment of openly opposing them. The obstruc- the Democratic leadership of the Judiciary taching many of the sexual assault and tion has taken place in the following stages: victim's rights provisions to the crime Committee and the Rules Committee, the I. OeNrSUCT'IONIN Tll IHOUSor House of Representatives never had the op- bill which was eventually passed in the IIIPRSI.ENTATIIVES portunity to vote on the prior-crimes evi- House. The version of the house crime bill drafted denco rule. and the Democratic leaders who They only did so, however, after the by the Democratic leadership of the Judici- succeeded In burying It In the House never Democrats forced them to remove an ary Committee (lle earliest version of II.R. had to state their opposition openly. amendment creating a general rule of 3371)contained nonreof the sexual violence II.OnSTRUCTION INTHE SRNATE admissibility In sexual assault and and victims rights provisions from the Dole- In March of1991, the President transmitted child molestation cases, of evidence Molinari bill and the President's bill. Rep- his violent crime bill to Congress (S. 635and 34194 CONGRESSIONAL RECORD-SENATE October8, 1992 H.R. 1400),and challenged Congress to enact cases with disclosure of test results to vic- ported by the Senate Judiciary Committee It within 100days. Senator Biden hastened to tims. (4)penalty enhancement for HIV posi- In October 1991. More importantly, these offer his own "crime bill" in response (8. tive sex offenders who risk infection of their bills contain nothing comparable to most as- 618). Following the receipt of a letter from victims. (5)government payment of the cost pects of the Bush-Dole-Mollnarl proposals. the Justice Department which pointed out of HIV testing for victims of sexual assaults, The current Biden-Boxer proposals were gross deficiencies of content anti formulation (6)extension of restitution to Include child formulated well after the introduction of the in S. 618--including the lack of anything care and other expenses of the victim result- Bush-Dole-Molinarl provisions: The Dole- comparable to the sexual violence andt vie- ing from participation In the case, (7) en- Mollnarl bill was introduced as S. 472on Feb. tims rights provisions of the President's forcement of restitution orders by suspen- 21, 1991,and as H.R.1149 on Feb. 27, 1991,The bill-Senator Biden Introduced a new bill sion of certain benefits, and (8)protection of President's bill was initially Introduced as S. (the original version of S. 1241). the victim's right to an Impartial jury by 635 on March 13. 1991. In comparison, H.R. The new Blden bill incorporated major por- equalizing defense and prosecution peremp- 1502 was introduced on March 20, 1991, and tions of the President's bill, Including vir- tory challenges. the current version of S. 15was reported by tually all of the firearms provisions and The pseudo-crime bill adopted by the con- the Senate Judiciary Committee on October large parts of the terrorism title. However. ference committee was rammed through the 29,1991. none of the sexual violence and victims House of Representatives at the close of the The House ant Senate version.s of the rights provisions of the President's bill were 1991session by the Democratic leadership (by Blden-Boxer bill contain provisions which included. a two vote margin), but failed to attract suf- are Intended to strengthen certain aspects of The initial choice presented to the Senate ficient votes for cloture in the Senate. In the restitution for victims of sexual assaults. S. was whether to use the President's bill IS. floor debate on the bill, several Members 15 as reported (but not H.R. 1502)also In- 635)or Biden's bill (S. 1241)as the basic vehi- strongly objected to the deletion of the sex- cludes the doubling of maximum penalties cle for comprehensive anti-crime legislation. ual violence anti victims rights provisions of for recidivist sex offenders (111)and the vic- While many moderate and conservative the House bill. See Cong. Rec. 1111683(re- tim'sright of allocution in sentencing (164). Democrats preferred the provisions of the marks of Rep. Alien). H1168384 (remarks of However, there is nothing in the Blden-Boxer President's bill to the inadequate and regres- Rep. Molinari), H11684 (remarksof Rep. Sen- bills corresponding to any other part of the sive provisions of the Biden proposal, they senbrenner), H11746 (remarks of Rep. Hyde), Dole-Molinari and President's provisions. were unwilling to cross their own leadership H11750 (remarks of Rep. Harris). The spon- In particular, the Blden-Boxer proposal by voting for the President's bill as the basic sors of the conference bill failed to provide does not contain the following provisions: (1) vehicle. Following the Senate's vote to use any explanation or Justification for their de- the rule of admlsslblllty in sex offense cases S. 1241as the vehicle, a number of Important cision to discard these provisions. for evidence that the defendant has commit- parts of the President's proposal were added iv. THE CURItINTSI'ATE OF OIISTrUCrION ted offenses of the same type on other occa- or substituted for the corresponding Biden sions, (2) broadened definition of "sexual provisions through floor amendments. How- In March of 1992,Senator Thurmond intro- act" for victims below the age of 16,(3) IIIV ever, debate in the Senate closed off before duced S. 2305(the Thurmond-Gramm bill). testing of sex offenders with disclosure of amendments containing the sexual violence Like the conference bill, S. 2305 is generally test result to victim, (4)penalty enhance- and victims rights provisions of the Presi- constructed from provisions that were passed ment for IIIV Infected sex offenders who risk dent's bill could be offered. In the separate House and Senate crime bills. Infection of the victim, (5)government pay- The outcome of the initial round In the However, the philosophy underlying the for- ment of the cost of HIV testing for victims of Senate was that the Senate-passed bill (S. mulation of S. 2305 Is directly opposite to sexual assaults, (6)explicit extension of res- 1241)contained none of the President's provi- that of the conference bill: S. 2305 excludes titution to Include child care and other ex- sions addressing sexual violence and victims all provisions that weaken existing law, and penses to the victim resulting from partici- rights. Like his counterparts In the House. Includes the important pro-law enforcement pation In the case, (7)enforcement ofrestitu- Senator Biden was able to kill these provi- provisions passed by either House. tion orders by suspension of benefits, and (8) sions (at least for the time being) without In particular. S. 2305 includes (in title VII) protection of victims's right to impartial having to oppose them openly. aIl of the House-passed provisions of the Sen- Jury by equallzing peremptorlss. Ill. OBSTRUCTIONAT TII CONFERENCESTAGO senbrenner amendment. There have been several efforts by the Following passage of S. 1241 and H.R. 3371. sponsors of S. 2305to secure votes on the bill NUCLEAR TESTING a conference committee was convened on a in the Senate. In each case, the Democratic Sunday afternoon near the end of the 1991 leadership has blocked a vote on S. 2305 and Mr. DURENBERGER. Mr. President, session. The committee was chaired by Rep. rejoined by holding a cloture vote on the I rise to comment briefly on recent leg- Brooks and Senator Biden. conference bill. islative actions regarding nuclear test- The Democrats on the committee had unl- The outcome of this final state of obstruc- laterally worked out their own "com- ing. In early August, I joined with all tion is that all avenues for advancing the but 26 of my colleagues in supporting a promise" bill before the meeting which con- sexual violence and victims rights proposals sistently incorporated measures from either version of the nuclear testing morato- of the Dole-Mollnarl bill and the President's rium sponsored by my friend from Or- bill that weakened existing law, and largely bill have been closed off. The Democratic discarded the Important pro-law enforce- leaderships of both Judiciary Committees egon, Senator HATFIELD. ment measures of the House and Senate have not held any hearings or taken any Many of us had reservations about bills. This revised "crime bill" (the current other action in relation to the original Dole- some specific aspects of the amend- version of H.R. 3371)was adopted by the con- Molinari proposal, and they have blocked the ment, which we hoped would be worked ference through party-line votes. The Repub- President's bill by substituting their own out between Senators COHEN, HAT- lican members of the committee were shut pseudo-crime bills. The conference out of any role in the formulation of the bill. bill can- FIELD, and MITCHELL before the DOD The casualties of the Brooks-Biden con- not be enacted because it is, in plain terms, authorization bill came to the floor. ference's pro-criminal, n and ny event It was drafted When the Senate returned attack on the law enforcement pro- to exclude almost all of the Bush-Dole-Mol- to consid- visions of the House and Senate bills in- eration of these issues during the de- cluded most of the sexual lnarl proposals. The Thurmond bill does con- violence and vic- tain most of these proposals, but it too has bate on the DOD bill last month, Sen- tims rights provisions that the louse had been blocked. ator COHEN offered an amendment that, passed. Only two provisions were Included In n my view, substantially improved the conference bill: the broadened definition V.CONCUUDIN0O IcMAIRKS ON THE IeHMOCRATIC of "sexual act" for offenses against victims VIOl,INCEAGAINST WOMEN nIl.L. ipon the language that passed the Sen- below the ago of 16.and the victim's right to The Members who have been responsible ate 1 month earlier. address the court concerning the sentence. for obstructing the sexual violence and vic- Among other things, the Cohen lan- All of the other provisions originating In tims rights provisions of the Dole-Molinarl gguage was more realistic regarding the Sensonbrenner amendment that the bill and the President's bill may seek to ex- ttests for safety and reliability pur- House had passed were excluded from the cuse or justify their actions by claiming that poses. These are the most compelling conference bill by the Brooks-Blden con- they have their own proposal in this area: aasons for the United States to con- ference. The House-passed provisions In this the proposed "Violence Against Women Act inue any testing at all-safety and re- area that were excluded from the conference of 1991"(S. 15 and H.R. 1502),which is spon- 1 bill Included specifically: (1)doubled maxi- sored by Senator Blden and Rep. Boxer. lability. We clearly don't need to de- mum penalties for recidivist sex offenders, However, this explanation is untenable. 'elop new weapons, but safety and rell- (2)authorization of restitution In sex offense The House Judiciary Committee has not re- aability are enduring concerns that cases, whether or not physical injury results, ported II.R. 1502,and there has been no ac- dlon't go away just because the Berlin (3)II1V testing of defendants in sex offense tlon on S. 15 in the Senate since it was re- Wail came down. October 8,1992 1ONGRESSIONAL RECORD-SENATE 34195 Mr. President, I also believe that On September 26, I offered, as an make carjacking punishable by a $10,000fine Senator COHEN'S proposals more effec- amendment to the tax bill, H.R. 11. one and up to 15 years In prison. Attempted tively linked a U.S. moratorium to provision from S. 2613 that would sub- Scarjacking would carry a $1,000 fine and other arms control and nuclear non- ject armed carjackers to severe crimi- three years' imprisonment. proliferation concerns. That's an area nal penalties. Unfortunately, during [From the Washington Post. Sept. 28.1992] of particular concern and interest for the conference report process, the con- SICNA'I:API'ILtOVHie ST-'I'l PI'NA:IIrS oel this Senator. ferees struck my amendment from the CAILtACKIN0 I would note for the record, Mr. tax bill. ltespondingn to an apparent Increase in President, that my support for the Hat- Since carjacking has emerged as a se- carjacklIgs nudto the death of a Maryland field amendment in August did not rious and escalating crime, It has gen- woman during one earlier tills month, tie stem from my opposition to nuclear erated significant media coverage. I Senate has approved a measure making testing just because it's nuclear test- ask unanimous consent to place an ar- carjacking a federal crime punishable by up ing. I do not believe that testing is bad ticle that appeared on the front page of to life In prison If a death occurs. per se. I do believe, however, that a The measure, approved Saturday without the Sunday, September 27, 1992, Wash- objection as al amendment to a pending $34 testing moratorium can be effective if ington Times and several other articles billion tax bill, subjects carjackers who use it'slinked to broader objectives. That's about carjacking in the RECORD imme- firearms to at least 15 years in prison. exactly where Senator COHEN's version diately following my remarks. Sen. Larry Pressler (R-S.D.), who Intro- surpassed Senator HATFIELD's. There being no objection, the article duced the amendment, cited the Sept. 8 When the Senate voted in September, was ordered to be printed in the death of Pamela Basu, 34, who was dragged the parliamentary situation did not RECORD,as follows: along Ifoward County streets after she be- permit a vote explicity on the Cohen came entangled in a seat belt as her car was [From the Washington Times] being stolen, loer toddler daughter was proposal. It was clear, however, that SENATEVOTES LIPf FoleKIIILER CAIWACKEIE thrown from the car butwas uninjured. the vote on the Hatfield second degree The Senate approved a measure yesterday Pressler called the killing "an act of un- amendment was in essence a referen- that would make carjacking a federal crime paralleled brutality." lie said there had been dum on the Cohen version. punishable by up to life in prison if a death four carjackings at gunpoint in Washington It is important to note for the record occurs. alone in May. A computer analysis by The that Senator COHEN worked diligently The measure, approved without objection Washington Post founld n August that at to accommodate the concerns of Sen- as an amendment to a pending 534billion tax least 245carjackings occurred In the region ators HATFIELDand MITCHELL, but that bill, would subject carjackers who use fire- in the first seven months of this year-an av- arms to at least 15years in prison. erage of slightly more than one a day. the differences could not be worked out Sen. Larry Pressler, South Dakota Repub- Presslor's amendment subjects carjackers and still remain within the parameters lican, who introduced the amendment, cited to up to 25 years in prison if "serious bodily of nuclear safety that the experts be- the recent case of a suburban Maryland injury" occurs. lieve to be imperative. woman who died after she became entangled I voted against the Hatfield language in a seatbelt as her car was being [From the Rapid City (SD)Journal, Sept. 29, not because I oppose a nuclear testing highjacked. 19921 moratorium, but because I believed the Pam Basu was taking her 22-month-old PiEBI.s I IN'TrODiUCEsCAILIACKINo MeASUHI Cohen proposal was stronger and more adopted daughter, Sarlna, to preschool Sept. (By Michelle lisson) 8 when she was attacked. The child was realistic, particularly regarding the WASHINoNaN.-The federal government thrown, unharmed, to the pavement in hler would join the hunt far carJackera under leg- need for limited continued testing for car seat. Mrs. Basu was dragged along the safety and reliability. The administra- islation introduced by Son. Larry Preesler, street for more than a mile. R-S.D. and approved by the Senate Saturday. tion and other experts were particu- Mr. Pressler called the carjacklng In Sav- The proposal, which was attached to a larly persuasive on these matters. age, Md., "an act of unparalleled brutality." pending $34 billion tax bill, would subject Now, according to recent press re- He said there had been four carjackings at carjackers who use weapons to at least 15, ports, we learn that in signing the en- gunpoint in Washington alone in May. The and as many as 25years In prison if "serious ergy and water appropriations bill, the House has not taken up the measure. bodily Injury" occurs, administration traded off its concerns His measure would subject ca'lackers to up Attention has focused on cnrjacklng since to 25 years In prison If "serious bodily In- about nuclear testing in order to se- a Maryland woman was dragged to her death jury" occurs and to life In prison if someone earlier this month while her car was being cure funding for the superconducting Is killed. stolen by an assailant who Jumped Into her super colllder. Having voted against The measure also would double the sen- car at a filling station. I1er Infant daughter the super collider and been persuaded tence, to 10 years, for importing or exporting was thrown from the car but was uninjured. by the considered judgment of nuclear stolen cars and for trafficking in stolen vehi- "Without stricter laws and tougher law en- experts on the safety and reliability ar- cles. forcement innocent citizens will continue to guments, I must admit to a certain dis- Senate aides said they expected work on be harassed by violent auto thieves." Pres- the overall tax bill to finished yesterday, appointment that the administration be sler alid. with a final vote on Tuesday, Although there have been no reported took this position. The carjacking that led to the death of carjackings In South Dakota, cal theft Is a In any event, Mr. President, the Hat- Pam Basu was the third attack against a fe- problem everywhere, said Krlsti Sommers, field language is an important step for- male motorist that day by the two men ac- Pressler's press secretary. Pressler Intro- ward, although I continue to believe cused In the killing, according to the grand duced the amendment, she said, because he Is that Senator CDHEN'S proposal would Jury indictment. committed to getting violent crime under be much more effective. U.S. Attorney Jay Stevens and law on- control. Sommels noted that as the irto of Thank you, I yield the floor. forcement officials from nine agencies on stolen cars goes up, car insurance rates rise Sept. 16pledged a regional effort against car nationwide. thieves, and elected officials from four area The most recent national statistics ilndl CARJACKING CRIMES ESCALATE jurisdictions agreed Friday to adopt uniform cate that a car is stolen somewhere in this legislation and penalties to combat the country every 19 seconds, or 4,500cars on a Mr. PRESSLER. Mr. President, over growing number of carjackings. given day, said Nestor Mlchnyak, spokesman the past several weeks, I have made The District has reported more than 200 for tile Fedral Bureau of Investigation. statements about the brutality of carJackings this year, and Montgomery The FBI announced a national "Safe carjacking. It is a heinous and violent County more than 30, Streets Initiative" Sept. 15. Sixty-six task crime that risks the lives of motorists Maryland Gov, William Donald Schaefer is forces throughout the country will focus on across the country. In efforts to com- preparing legislation to establish a mini- what can be done to stop violent crime. No mum sentence of 15 years and make task force Is slated for South Dakota, bat this crime, I sponsored S. 2613 last carjacking one of the aggravating factors in Michnyak said. April. This legislation was designed to a homicide for which the death penalty could Car theft rates are relatively small In increase the penalties for carjacking be sought. South Dakota compared to the rest of the offenses and to offer other provisions D.C. Council member Harold Brazil has In- United States, said Lt. Jeff Talbot of the aimed at deterring auto theft. troduced emergency legislation that would South Dakota Highway Patrol. 34196 CONGRESSIONAL RECORD-SENATE October 8, 1992 "Tops, perhaps 120 cars are stolen eachS Dingell's committee also amended Schu - an FBI service. The service would then check year and not recovered," he said. mer's bill to Increase his proposed punish Sto see if the part belonged to a stolen car and But, while most of the attention surround. Sment for an armed carjacking to 25 years It Swould Issue a certificate If it were legiti- ing carjacking has focused on the Washing - prison if it results in a serious injury or Smate. ton area. South Dakota has its share of vio Sdeath. Schumer's bill set a maximum 15-yeal The automotive dismantlers were joined In lent crime, said a spokesman for the Bureau penalty for carjacking. their opposition by the Motor Vehicle Manu- of Alcohol. Tobacco. and Firearms. Similar legislation has been introduced in facturers Association, which object to the Car theft and carjacking fall under federal the Senate by Sen. Larry Pressler, R-S.D. A parts labeling requirements. Jurisdiction, he said, when a car thief crosses wave of carjackings In the Washington area Mike Stanton, a manufacturers lobbyist, state lines, or when kidnaping is Involved, in the last two weeks resulting in two deaths estimated the provision would add up to $10 but there are always some gaps that new fed- has added an impetus to get a bill on Presi- to the cost of a new car. Other estimates eral legislation seeks to fill, the spokesman dent Bush's desk before Congress adjourns have placed the cost at $6 per car. , said. Pressler's proposal woult address the early next month. Stanton said money was not the only Issue. "most vicious segment" of this crime, he "One question goes more to the issue of whether the money would be wisely spent," said, adding that the role of the bureau is to [From the Washington Times, Sept. 30, 1992] support state and local officers in fighting said Stanton, who questioned whether the crime. SENATEGmTS TOUGH ON CARJACKING parts provision would deter car thefts. He The tax bill which includes Pressler's The Senate voted yesterday to make cited a federal Department of Transportation amendment is expected to pass In the Senate armed hijacking of a car a federal crime pun- report that found no conclusive evidence and go to a Joint Senate-House Conference Ishable by a 15-year prison term. A hijacking that the 1984 car-labeling provision deterred committee later this week, but is likely to involving a firearm and resulting in the theft. be vetoed by President Bush, according to a death of an innocent person could result In a Ann Waltner. an aide to South Dakota House press secretary. life sentence. Trafficking in stolen cars Sen. Larry Pressler, who introduced the Sen- would be punishable by five to 10 years in ate version of the bill, said the labeling re- [From the Fairfax Journal, Sept.21, 1992] prison. quirements. combined with other provisions, COMsITrIEeAMENDS CAR THEFT MEASURE The legislation was approved as part of a should deter theft. catchall tax bill passed "The chances of being caught would be (By Matt Yancey) by the Senate. Simi- greater, and once you are caught, you'll face WASHINOTON.-Armed carjackings would lar legislation is pending in the House but there is a dispute over details. a higher penalty. It should serve as a deter- become a federal crime under a bill that rent," she said. cleared a key congressional hurdle Thursday. Police say the increasing use of sophisti- Waltner said there were still some issues But it was bruised in the process, its author cated car security devices has frustrated to be ironed out In a Senate Judiciary Com- said. thieves to the extent that they find it easier mittee hearing expected to be held In the At the behest of the auto industry, the to take cars at gunpoint. next few weeks. House Energy and Commerce Committee The National Automobile Dealers Associa- amended an anti-car theft bill to exempt AUTOINDUSTRY FEARS FAST-TRACK tion is concerned about a provision that most American models from a requirement CARJACKINGBIlL would require used car dealers to check each to carry the vehicle's identification number (By Caren Bohan) car part to make sure It is correctly labeled. on all major parts. WASHINGTON.-Abill to crack down on car "It's ridiculous. It's going to raise the Even thieves' most popular models would theft Is speeding through Congress in the price of used cars," said association lobbyist not have to carry vehicle identification num- wake of rising car thefts nationwide and a Tom Green. "But it's on such a fast track be- bers on major parts if they come off the as- recent spate of violent "carjackings," par- cause of the carjackings, people will be very sembly line equipped with anti-theft devices ticularly in the Washington area. hesitant to make any changes in the bill" that, Ironically, some law enforcement offi- But auto industry representatives are cials blame for the increase in carjackings. SENATEMAKES ARMED AUTO TaHET FEDERAL pleading with lawmakers to put the brakes CRIME The bill's author. Rep. Charles Schumer, on the bill, which they say would hurt their D-N.Y., accused the panel's chairman, Rep. livelihood and cost consumers up to $225mil- WASHINGTON.-The armed hijacking of a John Dingell, D-Mich., of gutting the major lion. car would be a federal crime punishable by a provision to stop trafficking in stolen auto The proposed Anti-Car Theft Act of 1992 15-year prison term under a bill approved by parts because of manufacturers' objections would toughen penalties tie Senate. that it would add $5 to $7to the cost of a car. for car theft,estab- A hijacking involving a firearm and result- "This amendment creates a loophole big lish carjacking as a federal crime and set up ing in the death of an innocent person could enough to drive a stolen Mack truck a national clearinghouse to track used car result in a life sentence. Trafficking in sto- through," Schumer said, vowing to fight the parts. len cars would be punishable by 5 to 10years issue when the bill reaches the House floor After laying dormant for nearly a year. the in prison. later this month. "The Big Three [auto com- bill is gaining momentum following a series The legislation was approved Tuesday as panies] are trying to strip this bill the way of Washington-area carjackings last week. part of a catchall tax bill passed by the Sen- chop shops strip stolen cars." The most notorious of these resulted In the ate. Similar legislation Is pending in the Dingell and other members of the commit- death of a woman who was dragged on the House but there is a dispute over details. tee said there is no conclusive evidence that pavement for a mile-and-a-half with her arm Sen. Larry Pressler, B-S.D., offered the stamping the ID numbers on major parts of stuck In her car door. The thieves allegedly amendment as a result of a ear hijacking theft-prone models, called for under a 1984 sped off with her infant daughter In the front that resulted in the death of a woman in a law, has deterred auto thefts. seat. Washington suburb this month. She was But the amentded bill does extend the parts Many proponents of the legislation expect dragged to death when an arm became entan- identification requirement to light trucks, Congress to pass the bill before it adjourns in gled in a seat belt after thieves forced her vans and specialty vehicles, which have October, and opponents in the auto industry out of the car carrying her baby. swelled In popularity among thieves. fear it may be too late to make changes they Police say the Increasing use of sophisti- "It does not cover all vehicles because a want. cated car security devices has frustrated largo number of vehicles are simply not can- What Irks them are provisions to establish thieves to the extent that they find it easier didates for theft," Dingell said. "There is a the stolen parts clearinghouse. to take cars at gunpoint. real danger to small busine in drafting the "These provisions contain record-keeping "Today's criminal can just point a weapon wrong kind of legislation on this with no sig- and reporting requirements which could and take a car, without the hassle of break- nificant advantages In terms of law enforce- force the closing of hundreds of small auto- ing the windows or popping the ignition." ment." motive recycling businesses," James Wat- Pressler said. "Auto theft is a lucrative pro- Currently, only about 40 American "high- son, vice president of the Automotive Dis- fessional business. The public Is sick and theft" models are required to carry vehicle mantlers and Recyclers Association, told a tired of paying the high price of criminal ac- identification numbers on 14 major parts, In- congressional committee last week. tivities." eluding transmissions, doors, teck lids. front The association represents shops that dis- fenders, bumpers, grills and hoods. mantle used cars and sell the parts. [From the Los Angeles (CA)Times, Oct.4, Schumer's bill would add windows and re- The bill would require carmakers to in- 1992] quire every new car to have the 16 parts scribe an identification number on all major CARJACKERSFOUND TO BE YOUNG.VIO.lENT marked. Repair shops selling or Installing parts. That requirement expands a 1984 law HAVE-NOTSSEIKING STATUS used parts on a car would bo required to call that requires the identification of certain (By Sonya Ross) a toll-free number and check the Identifica- parts only for high-theft cars. WASHINGTON.-Anyone willing to steal a tion numbers on the parts against an FBI Before selling a used part, dealers would car at gunpoint is probably young, urban, database of stolen vehicle numbers. have to register the part via telephone with violent and hungry for status. October 8,1992 CONGRESSIONAL RECORD-SENATE 34197 These carjackers also are likely to have has been a problem in Newark, N.J., New known as Bootstraps. This is a man- been victims themselves of great personal vi- York City, Los Angeles, Miami and Detroit, agement program designed for farmers olence, the experts add. A computer study by The Washington Post and ranchers. Twenty-six families in "They kind of treat the victim the way showed at least 245carjackings in the Wash- they feel about themselves," said Jerome ington area between Jan. 1and Aug. 16. Todd and Mellette Counties participate Miller, president of the National Center on At least seven people have been killed in in Bootstraps. Institutions and Alternatives in Alexandria, carjackings in the Washington area. In the One couple, Bill and Chris Hutchison, VA., which conducts research for groups ad- case cited by Pressler, Pamela Basu was are ranchers from White River, SD. vocating reform in the criminal justice sys- dragged to her death when she became en. Chris said, "We get something out of tem. tangled in a seat belt after two men took every meeting. It lets us clearly see Amid calls for FBI crackdowns and longer over her car at a stop sign and sped away, what we need to do and where we need jail terms for carjacking-taking a vehicle Her 2-year-old daughter was deposited to go. It's better than college for by force, while the driver is still in it-soci- unharmed by the roadside. hands-on information." ologists and criminal justice officials are Police arrested two suspects, Rodney Eu. seeking causes for this trend toward deadly gene Solomon, 27, and Bernard Eric Miller, The South Dakota Cooperative Ex- car theft. 16,and charged them both with murder, kid. tension Service has been serving South They say cariacking is a crime of have- napping and robbery. Miller's mother said Dakotans in programs like this for nots spawned by a broken-down criminal jus- her son told her he and Solomon smoked over 76 years. All 66 counties in South tice system that can neither contain nor PCP in the hours before their arrest. Dakota are served under the adminis- help them. Other carjackings in and around the Dis- trative supervision of South Dakota Most youths who steal cars are seeking trict of Columbia involved two girls, 14 and State University [SDSU]. status in the criminal subculture, said An- 15. armed with a semiautomatic pistol, who Many other programs are related to drew Ruotolo, a New Jersey prosecutor who stole a car from a man and went on a joy works with the state's anti-car theft task ride; and an 18-year-old high school football agricultural operations In South Da- force. star was killed while trying to hijack an off- kota. Professionals, known as Exten- Ruotolo said carjackings are a very small duty FBI agent's car. sion Agents, are available in each percentage of all auto theft cases the task The Basu case prompted calls for wide- county to assist individuals with ev- force handles. Carjackers, he said, are the spread police crackdowns, longer prison erything from weed control to proper most extreme car thieves, often repeat of- terms and tough new laws against animal nutrition. In addition, seminars fenders who don'twant to be spotted driving carjackings. on specialized topics are offered in a car that appears to have been broken throughout the State. Guest speakers into. "Carjacking is a crime of violence, cer- THE ROLE OF THE COOPERATIVE include Extension Specialists from tainly no different than armed robbery. By EXTENSION SERVICE SDSU, as well as industry experts. its nature you get the car intact and you get The beef production seminar is a typ- the keys. You get to keep it a little longer Mr. PRESSLER. Mr. President, the ical example of this type of program- before it'sobvious it's stolen," he said. "Our Cooperative Extension Service is one of ming. Through this program, many experience is cars are stolen by young adults the Federal Government's most pro- cattlemen in my State have an oppor- and juveniles to commit other crimes in. So, ductive programs. Established in 1914 tunity to learn the latest developments more often than not, you're dealing with a by the Smith-Lever Act, the CES has in their industry. Without these semi- violent offender when dealing with a car been serving the needs of Americans nars, many cattlemen would go with- thief." for over 75 years. The U.S. Department out the new cost-cutting or labor-sav- In the eight months that the task force has of Agriculture works operated in two New Jersey counties, officers closely with each ings procedures that are very essential have arrested more than 250people for steal- State's land-grant university to pro- in operating a profitable business. ing cars, the bulk of them juveniles on joy vide a variety of educational services In the home economics programming rides. The task force recovered an estimated to millions of Americans. CES funding areas, the Cooperative Extension Serv- $2million In cars, about 70% of which had comes from Federal, State and local re- ice concentrates its efforts on improv- little or no damage. Officials could not esti- sources. ing the lives of American families. CES mate how many of these cases were One of the greatest strengths of the provides factual information and train- carjackings. Cooperative Extension Service is its About 50% of those arrested had prior ing in every area affecting the family- one-on-one assistance. An individual, criminal records, often involving car theft, from diet and nutrition to clothing Ruotolo said. Sometimes, they boldly with almost any problem, can contact purchase and care. crashed stolen cars into police vehicles to a CES office and receive factual infor- The Expanded Food and Nutrition taunt officers. mation to help resolve the matter. Education Program [EFNEP]is a pro- The Senate voted Tuesday to make armed These offices, located in most county gram designed to help low-income fam- hijacking of a car a federal crime punishable seats, provide the latest research infor- ilies. EFNEP teaches family members by a 15-year prison term. mation in three general categories: ag- proper food budgeting, nutritional in- A hijacking involving a firearm and result- riculture, home economies, and youth. meal planning in indi- person could formation, and ing In the death of an innocent This information, often in pamphlet result in a life sentence. Trafficking In sto- vidualized sessions. This program is es- len cars would be punishable by 5 to 10years form or on video tape,is usually free of pecially helpful to single parent fami- in prison. charge. lies living on a fixed income. The legislation was approved as part of a As we all know, Mr. President, not Here is a typical EFNEP success catchall tax bill passed by the Senate. Simi- all communities have the same needs. story. A few years ago, Cindy, a single lar legislation is pending in the House. but The Cooperative Extension Service rec- parent with three small children, began there is a dispute over details. ognizes this reality. Therefore, it tai- taking EFNEP classes to improve the Sen. Larry Pressler (R-S.D.) offered the lors educational programming to the nutrition of her family. As a result of amendment as a result of a car hijacking specific needs of a community. This improved her meal that resulted in the death of a woman in a this program, Cindy Washington suburb last month. She was tailoring, along with the individualized planning skills. She learned to divide dragged to death when an arm became entan- service, has had a significant impact on her monthly food stamp allotment, gled in a seat belt after thieves forced her the lives of many citizens and will con- budgeting her resources more wisely. out of the car carrying her baby. tinue to do so in the future. Throughout the EFNEP program, According to FBI statistics,more than 1.7 Let me give you an example of this Cindy gained skills and self-confidence million vehicles were stolen in 1991. That's type of targeted programming from my to take control of her life. Just re- an average ofone theft every 19seconds. home State of South Dakota. The Co- cently, with encouragement from the The FBI also cited a 97% increase in the operative Extensive Service, in con- number of youth under 18 arrested for car EFNEP staff, Cindy completed her li- theft during the last 10 years, from 32,195in junction with the Soil Conservation censed practical nurse [LPN] degree 1982to 63.389 last year. Service, Bureau of Indian Affairs, and and is no longer dependent on food There are no breakdowns on the number of South Dakota Adult Farm Manage- stamps to feed her family. Many other carjackings nationally, although the crime ment has an educational program South Dakota low-income families 34198 CONGRESSIONAL RECORD-SENATE October 8,1992 have been assisted through this valu- HEALTH CARE REFORM more Americans are being priced out of able program. Mr. COHEN. Mr. President, as we the market. As many as 37 million Another major part of the Coopera- count down the final hours of the 102d Americans-alarmingly, almost a third tive Extension Service is the 4-H pro- Congress, I rise to express my dis- of them children-have no health in- gram. The 4-H program is an edu- appointment that presidential politics surance at all. Many more Americans cational program for all youth between and partisan gridlock have precluded are underinsured. And still more live in the ages of 8-19, and it teaches young us from moving forward on comprehen- constant fear that they will lose their people a variety of life skills, often sive health care reform in this country. coverage should they become ill or under volunteer leadership. Skills and We knew at the start of the Congress change jobs. attitudes learned while participating that the task of finding a solution to I first introduced comprehensive in the 4-H program help individuals be- the Nation's health care problems health care reform legislation over 2 come productive members of society. would be quite difficult. The events of years ago. The legislation built upon As a result of international coopera- the past 2 years have shown just how our existing public-private health care difficult. We have taken some small partnership to make affordable basic tion among many countries, 4-H also is health care services available for all contributing to world understanding. steps toward our goal, but much more remains to be done. Americans. The legislation was com- As a past 4-H member, I know the By now, we have all grasped the na- prised of five major components de- value of the 4-H program and how ture and magnitude of the problems signed to: much influence it has. Our children plaguing our Nation's health care sys- First, institute insurance market re- need positive role models. These are tem.Hundreds of expert witnesses have forms to eliminate existing barriers to available in the 4-H program. Eighteen given testimony before dozens of con- coverage and special tax incentives to thousand South Dakota youth are en- gressional committees. We have read make health insurance more acces- rolled in the 4-H program. the reports of the Pepper Commission sible, affordable, and predictable for Mr. President, one misconception and the Steelman Commission, not to both individuals and small businesses; that people have about 4-H is that it is mention the countless studies done by Second, make health care services only for farm youth. Although 50 per- the Congressional Budget Office, the more available for rural Americans; cent of all farm youth participate in 4- General Accounting Office, the Office Third, reduce health care costs: H, farm youth membership only ac- of Technology Assessment, and any Fourth, provide for medical liability counts for 12percent of total 4-H mem- number of private think tanks and spe- reform and expanded outcomes re- bership nationwide. Every year more cial interest groups. We all agree that search to develop treatment practice programs are being implemented for we are spending too much, that we are guidelines and national standards of urban youth. not spending wisely, and that too many care; people do not have access to the health And fifth, increase access to coverage For instance, Latch Key is an after- care they need. for long-term care. school program intended to fill the The mind-numbing statistics on ris- Many elements of my original pro- time gap between school and home. ing health care costs are all too famil- posal were later incorporated into S. Participants have a safe, interesting iar and have been cited so often in re- 1936,the Health Equity and Access Im- place to go. Latch Key educates chil- cent months that we are at risk of provement Act, which I introduced dren about health after school snacks seeming immune to their impact. with my colleagues on the Republican and provides safety tips to children Health care spending is expected to top Health Care Task Force, and into the who go home to an empty house. $800 billion this year-a record 14per- administration's health care reform Although the professional extension cent of our Gross National Product. If proposal. agents are vital to the success of the health care spending continues un- In fact, more than 20 different health Cooperative Extension Service pro- checked, it will climb to $1.6 trillion by care plans have been introduced in the grams, volunteers also deserve much of the year 2000,or 16percent of GNP. Senate alone, and there is no shortage the credit. Across the Nation, 2.9 mil- Clearly this growth in costs cannot of options from which to choose. Some lion volunteers offer their time to 48 be sustained. As health care spending plans call for the adoption of a single- million adults and youth every year. consumes a larger and larger share of payer health care system, like Can- Mr. President, the value of services our economy, fewer and fewer dollars ada's. Others mandate that employers provided by volunteers is 5times great- will be left for crucial services such as either provide coverage directly or pay er than the combined Federal, State, education, transportation, and hous- into a public insurance fund-the so- and local contribution. ing, and for reduction of the national called play or pay proposals. Some As more citizens throughout the debt. would set national spending limits-or United States utilize the services of The problem is not simply that we global budgets-for health care. And the Cooperative Extension Service, are spending too much. It is that we still others, like my health care bill, Congress needs to keep funding at ade- are not getting a sufficient return on the Republican Health Care Task Force quate levels. In my home State. CES our investment. Too many dollars are bill, and the chairman of the Senate has expanded from serving only one In- going for procedures of arguable or Finance Committee's bill, would build dian reservation-Cheyenne River negligible value. Too few are bring upon our current employer-based sys- Sioux-to serving the Rosebud Sioux spent on primary and preventive serv- tem by offering financial incentives to ices, such as prenatal care childhood broaden access to care. and Oglala Sioux as well. Drug abuse, While there are obvious differences in alcoholism, and teenage pregnancy are immunizations. very serious problems Rising health care costs have also opinion on the direction comprehensive on Indian res- created a dual system of care. The health care reform should take, there ervations. The Cooperative Extension American health care system is the is much more agreement than is gen- Service, through the 4-H program, is best in the world-but only for those erally acknowledges on the steps we working to solve some of these social who can afford it. The very factors that must take to get there. problems. make it the best-the scientific, medi- For instance, of the Nation's 37 mil- In conclusion, Mr. President, I wish cal and technological advances; the lion uninsured, 20million work or are to thank the many professionals and highly trained specialists; the up-to- dependents of people who work for volunteers who have had a positive im- the-minute facilities and equipment- companies with fewer than 100employ- pact on the lives of so many thousands make it the most expensive. And, as ees. Both Republicans and Democrats of Americans. This program continues expenditures climb, access declines. agree that the creation of health insur- to set an exemplary example of the Paradoxically, at a time when health ance networks would make it easier for value of education. care spending is soaring, more and these small businesses to purchase in- October 8, 1992 :ONGRESSIONAL RECORD-SENATE 34199 surance, and insurance market reform the world will not protect a smoker Ssional Budget Office recently con- would make insurance more available, from the ravages of lung cancer and eluded that a full 60percent of Medi- affordable, and predictable for small emphysema, it will not protect the care beneficiaries face potentially dev- businesses and their employees. driver who refuses to wear a seat belt Sastating out-of-pocket medical ex- Ironically, the very people who need and it can do nothing to improve infant penses, either because they have no care most are the ones who cannot get mortality if women persist in smoking, Medigap coverage, or because their insurance and are therefore exclude drinking, or abusing drugs during preg- policies do not cover prescription from the system. Insurance companies nancy. Americans must be encouraged Sdrugs. must stop competing with each other to engage in healthy behavior and to These tremendous price increases and about whom to exclude and start con- accept more responsibility for their Sprofits of the drug companies are unac- centrating on how to make affordable physical well-being. ceptable in light of the fact that the coverage available for all Americans. These are all significant reforms that Federal Government is lining tie pock- Further, it is estimated that as many will take us closer to our goal of ensur- ets of the drug companies with $2 bil- as one-quarter of the uninsured lack ing access to affordable health care for lion annually in tax subsidies at the coverage because they have been priced all Americans. Furthermore, they same time the companies are charging out of the market by increases in should have been achievable this year. these inflated prices. The $2billion tax state-mandated benefit laws. Most of They were part of my health care bill, subsidy is in addition to the hundreds us agree that it is time to preempt the the Republican Task Force bill, the of millions of dollars in tax credits more than 800specific State-mandated Mitchell-Rockefeller proposal, and the that the drug companies receive for re- benefits in order to make an afford- Bentsen bill. They were included in a searching and developing new pharma- able, basic benefit package emphasiz- number of House proposals and have ceutical products. ing primary and preventive care, avail- also been endorsed by the administra- Legislation I introduced earlier this able to small businesses and individ- tion. year with my colleague, Senator uals. In fact, most have passed the Senate, PavYO,would take a bite out of drug Most of us also agree that it is time not once, but twice-most recently, as companies' profits by reducing a por- to make insurance more affordable for an amendment to the urban aid/tax tion of the companies' nonresearch tax self-employed individuals and their bill. Unfortunately, they were dropped subsidies if they increase their prices families by granting them the same tax in conference. beyond the general inflation rate. benefits currently granted to big busi- Opponents argued that they were not Some of the savings from the reduced ness. comprehensive enough. and that any- tax credits would be funneled Into a We all know that insurance coverage thing short of truly comprehensive re- new prescription drug trust fund which alone will not guarantee access to care. form simply would not do. I would would finance 15 demonstration Expanding the National Health Service argue that these reforms not only projects providing outpatient prescrip- Corps will help to increase the number would have taken increased access to tion drugs to Medicare beneficiaries. of providers in medically underserved affordable health care for millions of Mr. President, the American people areas. Increasing funding for commu- Americans, but that their enactment say that they want universal coverage nity health centers, which provide also would have laid a foundation upon for the full range of acute and long- comprehensive health services to mil- which we could build more comprehen- term care services, but they do not lions of Americans who need care re- sive reform in the future. necessarily want to pay for it. Simi- gardless of their ability to pay, will While I concede that more should be larly, while many Americans say that also help to increase access to care in done, particularly in the area of cost they want a national health plan, they rural and inner-city areas. control, the problem is that even the don't want the Federal Government to We all agree that we could reduce ad- proponents of so-called comprehensive run it or to make their health care de- ministrative costs by as much as $100 reform can't agree on what form that cision for them. And, while the public billion a year by replacing the more plan should take, whether it should be wants us to bring down costs, it does than 1,100 insurance forms that clog single-payer, play or pay, employer not want to sacrifice access to expen- the system, with a simplified, stand- mandates, global budgets, or managed sive new technology on demand, ardized electronic claims processing competition. None of these plans has, While the various interest groups system. as yet, generated sufficient support to want change, they can't agree on the We also agree that increased funding pass. kind of change they want, even among should be provided for outcomes re- Further, most of these plans have fo- themselves. The AFL-CIO is split- search to establish which drugs and cused only on the problem of access to some unions would prefer national procedures are most effective under acute care services. Despite the fact health insurance, while others would which circumstances to Improve qual- that the long-term care is the major prefer some kind of employer mandate. ity of care and eliminate the costly cause of catastrophic expense for our The business community is split, with practice of defensive medicine. Nation's elderly, we still do not have, many large corporations preferring Most of us also agree that it is time either in the public or private sector, play or pay, while small businesses to reform a medical liability system satisfactory ways to help people antici- contend that such a mandate would which spends more on legal overhead pate and pay for long-term care. Any force them to lay off workers, reduce than on compensating victims and truly comprehensive proposal for wages, or close their doors. The medi- which adds an estimated $21 billion a health care reform must address our cal community is split on the issue of year to our Nation's health care bill. nation's critical need for long-term national spending limits, and even the Most of us are also concerned about care. Democratic presidential ticket is split, the proliferation of expensive medical I also believe that any comprehensive with the Vice-Presidential candidate gadgetry and high-tech machinery that health care reform proposal must ad- speaking out in favor of a single-payer has contributed to an equally dazzling dress the problem of skyrocketing pre- plan and the candidate for President explosion in health care expenditures. scription drug costs. Prescription drug adopting the mantle of employer man- These services can be delivered more price inflation for the first half of 1991 dates and managed competition. efficiently and cost-effectively by en- more than tripled the general inflation Total restructuring of our health couraging hospitals and other provid- rate, and drug prices have risen a full care system is doomed to failure with- ers to share expensive medical equip- 152percent in the last decade. out a consensus. That is the one great ment or services. High drug prices are especially dev- political lesson that we all should have Finally, we all know that health in- astating for senior citizens, since Medi- learned from our experience with the surance alone will not insure good care does not cover outpatient pre- catastrophic health care bill a few health. The best health care system in scription drugs. In fact, the Congres- years ago. But we still do not have a 34200 CONGRESSIONAL RECORD-SENATE October 8,1992 consensus on comprehensive health lars. More importantly, it destroyed I don't think you can say TIM is actu- care reform. Not in the House, not in thousands of American jobs. Industry ally retiring. I suspect that he and his the Senate, not among the Presidential experts estimate that as many as wife Wren will be as active and busy candidates, and not among the Amer- 500,000 U.S. jobs may have been lost. working on the important issues facing ican people. The Red Chinese doubling-dealing op- this country as they always have been. That is the challenge facing whoever erated in two parts: One part of the op- is elected President in November. That eration involved the misclassification is the challenge that will face the new SOME PEOPLE JUST DON'T of textile imports so as to evade United UNDERSTAND Congress. And that is the challenge States quota laws, thereby allowing facing the American people. more Chinese textile and apparel im- Mr. ROCKEFELLER. Mr. President, ports to flood our market. on Wednesday, September 30, with sev- The second part of the scheme in- eral of my Senate colleagues, I cospon- DELUGE OF TEXTILE IMPORTS volves a deliberate understating of the sored an amendment to the foreign op- Mr. HELMS. Mr. President, on May 6, value of the textiles, again defrauding erations appropriations bill that pro- I paid my sincere respects to the Hon- the United States of tens of millions of hibits any Government funding of pro- orable Carol Hallet, U.S. Commissioner dollars. This is no doubt just the tip of grams which try to induce U.S. Compa- of Customs, a remarkable lady who had the iceberg. nies to relocate production and em- earlier promised to me that she would Mr. President, again I commend the ployment outside the United States, or investigate the deluge of textile im- which tolerate interference with inter- Customs Service and Commissioner nationally recognized workers' rights. ports flowing into the United States Hallet. As I stated at the outset, I have from Communist China. Never, in my years of supporting U.S. been working with her for quite awhile. programs to promote the economic de- We had discussed in detail the widely It is certainly encouraging that the held suspicion that the Chinese were velopment of countries much poorer Customs Service has pursued Chinese than ours, did I think that the Con- willfully violating the tariff and quota perpetrators so relentlessly. laws that forbid such trade practices. gress would need to be so specific in its Commissioner Hallett came to my of- direction to any U.S. administration fice last year SENATOR TIM WIRTH when it came to such a simple, obvious, to discuss my serious straightforward concern about the unlawful flood of Mr. METZENBAUM. Mr. President, concept. It was never textiles my intention and, I feel very safe in coming into the United States our distinguished colleague from Colo- saying, never the from Communist China. I recall her rado, TIM WIRTH,will be leaving the intention of any of concluding remark: my Senate colleagues that our coun- "Senator, I give Senate at the end of this Congress. try's foreign assistance programs you my word. We are going to get to We will miss him here in the Senate, the should be used to send U.S. jobs over- bottom of this." and the people of Colorado will cer- seas or to blacklist union members. Mr. President, on May 6 she called to tainly miss him. My colleagues and I offered that report that indictments for fraud were During his Senate term, TIM has been amendment, Mr. President, because being filed against Chinese companies unafraid of the rough and tumble nec- this concep--U.S. foreign assistance and their American subsidiaries. At the essary to make things work here. programs should not be used to send time, I speculated that the Chinese At times, we have stood shoulder to U.S. jobs overseas or to blacklist union Government was an apparently willing shoulder in the fight. And other times members-unfortunately had to be ex- and knowing accomplice to substantial we have found ourselves on opposite plained to President Bush and members fraudulent activity, to which various sides. of his administration. Some people just lobbyist and others said, "Oh that Either way, the Senator from Colo- don't get it. couldn't be true; the Chinese Govern- rado has been fair and willing to work Like other Americans, I was appalled ment couldn't be involved in such out solutions. last week when I heard about the fraud." charges aired on "60 Minutes" and on Well, We have worked together extensively Mr. President, Monday I re- to help clean up one of the worst "Nightline" that some U.S. Govern- ceived another call, informing me that ment funds have been used by the charges were being filed in Federal messes in the history of this country- the S&L crisis. Agency for International Development court in New York against the Chinese to export U.S. jobs to countries in Government agency. TIM came to the Senate after a long career in the House, and one of his Latin America and the Caribbean and The United States attorney explained to support firms in these countries that a major Chinese governmental en- hallmarks has been a passionate com- mitment to the environmental issues that blacklist union workers. These al- tity was indicted for fraud. The Chi- legations are particularly disturbing to nese entity in question is called China that affect his great State and our Na- tion. me because the "Nightline" report in- National Textile Import and Export dicated that AID's actions have con- Corp., which is a quasi-governmental He is a leader on issues of conserva- tion, global warming, tributed to the decision I fought in 1990 agency that is in charge of all imports and fuel effi- by Maidenform, Inc., to close its plants and exports of textile and apparel ciency. in Huntington and Princeton, WV. goods. As many of us committed to preserv- In September 1990,when I heard re- These latest indictments strongly in- ing the environment know, it is never ports that these two plants in Hunting- dicate that the Chinese Government is easy to keep the drills and bulldozers ton and Princeton might be closed, I in fact involved in a scheme to evade away. wrote to the chairperson of Maid- United States laws and to avoid paying For generations to come, residents enform, Inc., to express my concern millions of dollars in duties on textiles and visitors to Colorado will be able to and to indicate to her that I stood and clothing imported into the United enjoy the State's remarkable wilder- ready to assist in any way I could to States. ness areas. TIM WIRTHwas a leader in keep these plants viable. I reminded Mr. President, this reinforces my the fight to preserve them. Maidenform that for years these plants long-held conclusion that the Com- When he was a schoolteacher TIM had been among the best and steadiest munist Chinese will lie and cheat and educated his students. And he learned employers in these two cities and said use every underhanded trick in the some valuable lessons. He knows what that any closing would have a dev- book to defraud the United States. But it takes to run a good school. He under- astating impact upon these commu- this time, they got caught. stands the tools teachers need to do nities-and above all, on the 200 em- Mr. President, the Red Chinese activ- their jobs. The experience and commit- ployees and their families. ity exposed today defrauded the U.S. ment to education is something he has Despite my efforts and those of other Government of tens of millions of dol- carried with him to the Senate. concerned West Virginians, the two October 8,1992 (CONGRESSIONAL RECORD--SENATE 34201 plants were closed. At the time, we Just to illustrate, Illinois' upper He has been in the Congress since were not able to determine what fac- boundary is north of Boston and its 1972,and I can guarantee you that he tors led to that decision. Last week we lower border is south of Richmond. In has changed Washington more than found out, when "Nightline' aired its between is some of America's greatest Washington has changed him. report about how AID effectively en- cultural diversity. ALAN DIXON,be- Like the President he admires so couraged Maidenform to invest in a cause of the unique person he is, and much, Ronald Reagan, STEVE SYMM8 foreign country. The jobs that had for the extraordinary experience he has has had an absolutely consistent public so many years been performed proudly gained, had'the capacity to be a Sen- philosophy that while the Government in Huntington and Princeton, WV, were ator for each of those citizens. may have its heart in the right place, moved out of this country to Honduras. ALANDIXON was good for the Senate. it usually has it's hand in the wrong These actions were never authorized He was knowledgeable and nonpartisan pockets. by Congress and, frankly, we naively on most issues. And even though he It was on the Environment and Pub- assumed that no American President was as forceful as any of the 535Mem- lic Works Committee that I observed needed to be told that he should be bers of the Congress, he never pre- STEVE SYMMSdoing the day to day working to create jobs in the United sented his views in a way that dimin- work of the Government, and there I States, that no American President ished this institution or any of the peo- learned to admire his political skill. needed to be explicitly prohibited from ple in it. The relationship of STEVE SYMMsand sending U.S. jobs overseas. I can remember several times when Senator PAT MOYNMAN-two people This would not have happened if the he gave me both barrels during a floor from very different backgrounds-were Bush administration had managed the debate, and could walk over and put an responsible for major steps forward in projects as Congress intended. The arm around me and share a joke. U.S. infrastructure policy. amendment we proposed last week will I'll miss what he did for the Mid- In an age which seems to value flexi- ensure that what happened never takes western States and the national de- bility over other political virtues, place again. fense of this country. But more than STEVE When properly managed, programs to what he did, I'll miss the character of SYMMSwas a model of consist- stimulate economic growth in neigh- person he was among us here. ency. He made Idaho a better State for boring countries can lead to dramatic his service, and he taught the House U.S. export growth and the creation of and Senate lessons we should remem- new U.S. jobs. The Bush administra- TRIBUTE TO SENATOR JAKE GARN ber long after he's gone. tion's efforts to export American jobs Mr. DURENBERGER. Mr. President, are particularly outrageous when one the Senate will suffer a great loss when TRIBUTE TO SENATOR WARREN also takes into account their 12-year JAKE GARNwalks out of this Chamber RUDMAN for the last time as a Senator from effort to eliminate the trade adjust- Mr. DURENBERGER. Mr. President, ment assistance program, which is the Utah. Very few of us here in the Senate, de- the license plate for the State of New program designed to help Americans Hampshire has the following message: who lose their jobs due to imports. spite our responsibility to make policy, I was pleased last week when the would dare to call ourselves experts on "Live free or die." Senate approved this amendment. I anything. JAKE GARNis an expert on Our colleague from New Hampshire, was pleased when the House of Rep- two crucial issues of this country: Fi- WARRENRUDMAN, has brought a meas- resentatives also gave its strong sup- nancial systems reform and the space ure of that same blunt, tough resolve port to the action we took and joined program. He has filled a void in those to this chamber. the Senate in sending the legislation to two areas which will be painfully obvi- In all my 14 years in the Senate, President Bush. It is my hope that the ous when we reconvene next year. WARRENRUDMAN has been the most President can be convinced to sign into He has been a serious student of is- thoroughly prepared Senator I have law this prohibition on exporting U.S. sues and a forceful debater. He has known. He has spent countless hours jobs and restricting labor union activ- been immune to some of the sillier ex- reading, studying, and mastering the ity. I only regret that such a simple, cesses with which Washington infects facts of the crucial issues before us. obvious, straightforward concept need- many of us. He knew what he taught As the number and complexity of is- ed to be explained to an American and believed when he arrived here, and sues have grown exponentially, I ad- President. he leaves with most of those same mire WARRENRUDMAN's commitment thoughts and beliefs. of time to stay ahead of the knowledge To me, and many Senators, he has curve. He has chosen to specialize in is- TRIBUTE FOR SENATOR ALAN acted as a kind of moral rudder for the sues of crucial importance to the Na- DIXON OF ILLINOIS Senate. When he announced his retire- tion-the budget and national secu- Mr. DURENBERGER. Mr. President, ment from the Senate, he taught us all rity-and his contribution to both have I will greatly miss my colleague from a valuable lesson. He said the Senator been historic. Illinois, ALAN DIXON,when we return wanted to keep going, but the husband One of the instances where I was able to this Chamber next year. and father knew it was time to go. to see this personally was his work on One of the many things we suffer When we try to leave the person inside the Select Committee on Iran-Contra. from around here is a lack of a broader behind, we cannot serve our people to Immediately after he was selected as perspective on what we do. ALANDIXON the best of our ability. vice chair, he came to me as chair of was an obvious and forceful antidote to I thank JAXE for his example, and for the Intelligence Committee and asked that problem. He knew more about peo- the many ways he helped me, sub- to see all the documents in the com- ple and how they are governed than stantively and personally, to serve the mittee's possession. He devoted many most of us will ever know. people of Minnesota. days and nights to those documents so He earned his place in the Senate. that by the time the formal part of the For 40years he served the people of Il- inquiry began, he had already mastered linois as a police magistrate, a sec- TRIBUTE TO SENATOR STEVE the documents involved. retary of state,and a U.S.Senator. The SYMMS As much as he loved the work of the Federal Government could do a much Mr. DURENBERGER. Mr. President, Senate, WARRENRUDMAN disliked the better job of managing the intergov- the Senate was designed to draw trappings of Washington. Perhaps that ernmental partnership if more of us strength from the individuality of its is why he was so effective. had State and local experience before members and the diversity of our WARRENRUDMAN, like his New Hamp- we arrived here. States. STEVE SYMMBcame here a shire predecessors who said "Live free ALAN DIXON represented the whole straight-up, honest conservative, and or die," determined he wanted to work State of Illinois and that'sa tall order. that's the way he leaves. in an effective Senate or none at all. I 34202 CONGRESSIONAL RECORD--SENA'FE October 8,1992 greatly hope his advocacy for fiscal both deeply: medical research on wom- amendment we have included in the sanity outside this Chamber will help en's health problems. foreign operations appropriation bill change public attitudes toward the As you know Mr. President, when we will help to set the future agenda in a dangers of debt. Perhaps his greatest conduct our rollcall votes. Mr. ADAMS positive and proactive way. contribution to our work here, lies is the first name called. Unlike most of Mr. President, there are several peo- ahead. us, who stroll in here during the 15 ple whose advice and counsel has been minutes allotted and discuss and cal- very valuable to me as we have sought culate before we vote, he was almost to provide additional protection for in- TRIBUTE TO SENATOR TIM WIRTH always there to start us off with his digenous people. Mac Chapin of Cul- Mr. DURENBERGER. Mr. President, clear, loud vote. tural Survival; Alfredo Nakatsuma- today I want to say a few words of ap- I thank him on behalf of the people of Vaca of the United States Agency for preciation to a fellow soldier in the ef- Minnesota for his lifetime of public International Development in Guate- fort to protect this planet's environ- service and spirit of urgency he mala; Katy Moran of the Smithsonian ment, Senator TIM WIRTH. brought to our work here. Office of External Affairs; John Walsh TIM WIRTH's unique contribution was of the Washington Office of Latin that not only did he have an overriding America; Steve Schwartzman of the THE RIGHTS OF INDIGENOUS conservation, but he had a Environmental Defense Fund, and Jack vision for PEOPLES very practical sense of how we can get Healy and Carlos Salinas of Amnesty from here to there. Not content to sim- Mr. CRANSTON. Mr. President, this International USA have all been ex- ply articulate his view to sympathetic week we passed the foreign operations tremely generous with their insights audiences, he was a bridge builder, who appropriations conference bill, which and knowledge about indigenous peo- won people over to his views. That was included an amendment proposed by ple. a very valuable asset in the efforts to me that will greatly increase the scope I also want to express my gratitude pass the Clean Air Act and other major of the reporting in the State Depart- to my good friends and colleagues, the of the Foreign environmental bills of last few years. ment annual human rights report on distinguished chairman He was a strong member of his party, the status and conditions of indigenous Operations Subcommittee, the Senator gra- but he always knew when the interests peoples around the world. from Vermont Mr. LEAHY, for to of his State outweighed partisan con- The amendment, No. 3345, to the ciously accepting the amendment siderations. He had an excellent rela- original Senate bill was an expanded their bill. to single out the ef- tionship with the two conservative version of that which came out of last Finally, I want forts of Representative JOHN PORTER, Senators he served with, Bill Arm- year's conference report of the foreign the congressional strong and HANK BROWN. Colorado ben- aid authorization bill. At that time, cochairman of caucus, for his help and efited often from their ability to work the report requirement focused on the human rights con- both sides of the street. plight of the indigenous people of Latin support in the House-Senate ference. He too has been a leader in the Those of us in the Senate who loved America. rights, and I thank the late John Heinz and his family, owe Mr. President, I believe that it is area of indigenous cooperation in a great debt of gratitude to TIM WIRTH time that we give special attention to him for his bipartisan for the way he has cared for the Heinz the human rights issues confronting getting this bill accepted. Mr. President, within a few days the family in the aftermath of John's the millions of tribal and otherwise Congressional Research Service will be death. underrepresented people around the of world. publishing a report, "Biotechnology, I thank him for his many years Indigenous Peoples, and Intellectual public service, his practical steward- The amendment which became part Property Rights," which will also be an ship of the planet and for being the of the conference bill is designed to do re- important contribution to the lit- sensible, loving person he was among that. The annual State Department I urge my us here. port will now have to describe the ex- erature on indigneous rights. tent to which indigenous people are colleagues to study it carefully as they able to participate in decisions affect- consider future development assistance efforts around the world. TRIBUTE TO SENATOR BROCK ing their lands, cultures, traditions and Mr. President, I ask unanimous con- ADAMS the allocation of natural resources, and sent that a statement on indigenous Mr. DURENBERGER. Mr. President, assess the extent of protection of their people recently released by Amnesty I want to express my gratitude and ap- civil and political rights. International USA, be included in the preciation for the work that Senator Later this month, attention will be BROCK ADAMS has done here in the Sen- focused on the plight of the more than RECORD,as well as a letter sent by my- a score of my colleagues ate, and throughout the decades of his 35 million indigenous people of Latin self and nearly to Colombian President Cesar Gaviria service to the National Government. America, as we mark the 500th anniver- expressing concern about the plight of As a public servant, BROCK ADAMS is sary of the arrival of Europeans to the like a lot of people we have in Min- American hemisphere. indigenous people in his country. There being no objection, the mate- sense And next year has been proclaimed nesota. He has an unconquerable rial was ordered to be printed in the of optimism that we can solve prob- by the United Nations the "Year of the RECORD,as follows: lems if we can just care enough, think Indigenous People." In some countries, such as Guate- [News release from Amnesty International clearly enough, and work hard enough USA, Oct. 6,1992] to bring everyone together in the solu- mala, Peru, Bolivia, and Ecuador- THE AMERICAS: AMNESTY INTERNATIONAL tion. where huge populations of indigenous CALLSFOR END TO CENTURIESOF ABUSE OF As a new member in the Senate, I re- people are left virtually outside the INDIGENOUSHUMAN RIGHTS spected his work in the Carter Cabinet realm and reach of government-the The time has come for governments and knew of his work on the House issue of their rights remains perhaps throughout the Americas to stop turning Budget Committee. the most important roadblock to the their backs on the human rights of indige- BROCK ADAMS, despite all that gov- consolidation of democracy and civil- nous peoples-and end the hundreds of years ernment service, came to the Senate as ian rule. of violations they have suffered. For cen- a freshman. He has done a remarkable The issue of the rights and roles of turies, governments have often treated the most of the positions indigenous people, in some respects a rights of indigenous people with contempt, job making the torturing, "disappearing", and killing them available to him in this body. Over the traditional human rights concern, in in the tens of thousands and doing virtually last year, I have particularly enjoyed others a cornerstone of democratic de- nothing when others murder them. working with him on the Labor Com- velopment in the Third World, are not Discrimination against indigenous people mittee on an issue which concerns us going to go away. I believe that the means they are more likely to have their October8, 1992 C;ONGRESSIONAL RECORD-SENATE 34203 rights trampled on in the first place and rested, "disappeared" and tortured Mapuche caped injury when their cars came under fire then let down by the justice system. And Indian leaders following the coup in the from a number of heavily armed men. How- those most vulnerable have sometimes been early 1970swere never brought to justice and ever other members of CREDHOS have not hit hardest-young children have been In Brazil most killings of indigenous peoples been as fortunate: OnJanuary 29,1992, Blan- extrajudicially executed; women have been are never prosecuted. ca Valero de Duran, secretary of CREDHOS raped by soldiers during armed conflict; and Indigenous people have at times been con- and Dr. Jorge Gomes Lizarazo's assistant, isolated indian groups that have only re- fronted by a different side of the law, how- was killed as she was leaving the office by cently come into contact with the surround- ever, being subjected to arbitrary detention shots fired at point blank range by armed ing society have been killed with Impunity and unfair trials. Last year in Mexico, mem- men in civilian clothes. On June 28, 1992an- by miners and settlers. bers of the Ch'ol and Tzeltal indigenous com- other member of CREDHOS. Julio Cesar In one striking case a one-month old baby munities peacefully protested against police Berrio, was shot dead by two unidentified "disappeared" with her mother In 1990 when abuse and discrimination in the courts, with gunmen. He worked there as a security guard they were among 85 Indian peasants seized more than 100of them arrested,kicked, beat- and had also been involved in an investiga- by Guatemalan soldiers. Most of the others en and most of those threatened with death tion undertaken by CREDHOS. And on July were returned to their village; Maria Josefa before being released without charge. And in 30, 1992,Ligia Patricia Cortez, a philosophy Tiu Tojin and her daughter have not been the USA, Amnesty International has ex- graduate working with CREDHOS, and seen since. pressed concern about the fairness of trials Parmenio Ruiz Suarez and Rene Tavera were As Governments must urgently tackle of American Indian Movement leaders, in. murdered by unknown gunmen. some of the key issues on indigenous human eluding Leonard Peltier who was convicted We are deeply disturbed by these attacks rights by carrying out effective investiga- of the murder of two Federal Bureau of In- against members of CREDHOS and other tions into abuses against indigenous peoples. vestigation (FBI)agents. In his case there is human rights defenders. We are concerned bringing to Justice those responsible and concern that fabricated evidence was used to about reports that among those harassing justly resolving land disputes that all too extradite him from Canada and that FBI Dr. Comes are persons on motorcycles alleg- often lead to abuses. misconduct prejudiced the fairness of his edly owned by state security agencies. We For the 1993 International Year for the trial. are also concerned about a report that, on World's Indigenous People, Amnesty Inter- The leaders of indigenous movements have July 2, 1992,Dr. Gomes received information national is pushing for all governments to often been singled out for attack when they warning him that personnel from the intel- establish commissions to review their coun- speak out on environmental issues, land ligence unit of the National Police had ar- try's record in implementing all inter- claims or discrimination and are seen as a rived in Barrancabermeja with the intent of national human rights standards for indige- threat to Government policies. In Ecuador, killing him. We are very disturbed by reports nous people. Disputes over land and re- for example, indigenous leaders involved In that three policemen witnessed the lethal at- sources are often at the root of many of the land disputes have been particularly singled tack on Blanca Valero yet reportedly did not human rights abuses against indigenous peo- out as targets of abuse including harass- respond to her cries for help or make any at- ple: Thousands have also died, 'disappeared' ment, torture and killing. Despite that risk, tempt to pursue the assailants. It is simply or been tortured when they've been caught groups defending indigenous rights have been unacceptable that these murderous acts con- in the middle of the 'war on drugs' or civil formed in increasing numbers in recent tinue and that those responsible remain at conflicts. years. A number of major protest marches large. We especially urge you to investigate Some of the most horrific human rights have been hold in countries like Bolivia and the possible involvement, or as in the case of violations inflicted on indigenous peoples Ecuador, relatives of victims have joined to- Ms. Valero, the selective lack or involvement have taken place during the armed conflicts gether in Guatemala and indigenous peoples of the local police and security forces In that have racked countries such as Colom- are increasingly forming regional or inter- these cases. bia, El Salvador, Guatemala, and Peru. En- national organizations to press for their Other human rights workers have also tire villages were destroyed and thousands of rights to be respected. been targeted for violence. On May 29, 1992 indigenous peasants massacred during the From the local to the international level, Oscar Ellas Lopez. a lawyer who worked as a height of the armed conflict In Guatemala in the message is that the centuries of violat- legal advisor for the Indigenous Regional the early 1980sand in Peru thousands ofIndi- ing the rights of the region's original inhab. Council of the Cauca, CRIC, was killed in ans have been tortured and killed by both itants mast end once and for all. That's a Santander de Qullchao by heavily armed sides when the loyalties of whole commu- message to governments not only In the men. He had acted as advisor to the indige- nities have been questioned. In Colombia. Americas, but also in other regions of the nous communities of Cauca which suffered a three Arhuaco indigenous leaders were ab- world. massacre on December 16, 1992,in which at ducted, tortured and killed in 1990 on sus- It is time for Americans to recognize and least twenty Pacz Indians were killed. Three picion that they sympathized with an armed acknowledge that the abuses against indige- other men involved in a independent Inves- opposition group that operated in their terri- nous peoples in this hemisphere didn't end in tigation also met equally distressing fates: tories despite the Indians'protests; the army the last century, said John G. Healey, Execu- on the night of January 8,1992, in the city of officers implicated in the killings are still in tive Director, Amnesty International USA. Call, lawyers Carlos Edgar Torres and active service. The shocking truth is that for millions ofin- Rodolfo Alvarez were shot dead in their Attacks on Indians in many countries in- digenous people the nightmare is not over. If homes while anthropologist Etnio VIdardo cluding Brazil, Chile, Honduras, and Ven- we don't join these communities in fighting was "disappeared." ezuela have often been stepped up during dis- to end gross human rights violations, the Official condemnation of violence against putes over land-which is frequently wanted cruelty of the past will continue to be per- human rights workers is an important first by the state or others for mining, logging, petuated. step in ending these abuses but as you well energy or tourism projects. In Brazil alone, know, it is not enough. We urge you to con- scores of Indians have been murdered in land U.S. SENATE, duct impartial investigations to find those disputes with the apparent acquiescence of Washington, DC,October 6,1992, responsible for these murders, attempted the authorities and in Honduras 10 members His Excellency Cesar Gaviria Trujillo, murders, and threats. Once identified, these of the Xicaque tribes have been killed in re- President, Republic of Colombia, Santa Fe de individuals must be brought to Justice. In cent years. In Canada, inquiries into the al- Bogota,Colombia. the meantime, those courageous persons legations that several Mohawk Indians were DEAR PRESIDENTGAVIIA: We are deeply working for human rights in Colombia Ill-treated by police in 1990 during a pro- concerned about the recent wave of attacks should be protected in a manner they find longed confrontation over plans to develop a against human rights workers in Colombia. appropriate. golf course near a sacred burial site have While we welcome your public commitment Sincerely, still not been completed. to human rights as well as the Colombian Brook Adams, The "war on drugs" has also taken its toll government's condemnation of attacks Albert Gore, Jr., on indigenous lives, especially because many against human rights workers, we ask fur- Daniel Patrick Moynihan, indigenous peoples live in drug growing ther that you do everything in your power to Bill Bradley, areas. A Quechua leader in Bolivia, for exam- protect human rights workers and bring Alan Cranston, ple, was picked up and tortured by the secu- those responsible for threats and attacks Edward M.Kennedy, rity police in 1989 because they believed he against them to justice. Patrick J. Leahy, had protected a drug trafficker, a charge he Dr. Jorge Gomez Lizarazo, president of the Kent Conrad, denied. Regional Human Rights Committee, Paul Wellstone. Prosecutions for such human rights abuses CREDHOS. which is based in Barran. Jeff Bingaman, virtually never happen-whether those re- cabermeja, has faced repeated death threats. Paul Simon, sponsible are state agents, death squads or On June 11, 1992. Dr. Gomez, two other Mark 0. Hatfield, hired guns. In Chile. the agents who ar- CREDHOS members, and three others es- Jim Sasser, 34204 CONGRESSIONAL RECORD-SENATE October 8, 1992 Tom llarkin. until a proper certification is filed, the risdictional prerequisite to review by Paul S. Sarbanes, contractor will not be able to appeal to the Court of Federal Claims. This Charles E. Grassley. the Court of Federal Claims or agency amendment would be effective imme- Donald W.Rlegle, Jr., board. If the contracting officer issues diately with James M.Jeffords, respect to all pending and Tim Wirth, a final decision on a claim that is not future cases. Herbert Kohl. properly certified, the contractor may As amended, the final sentence of 28 appeal that decision and the Court of U.S.C. 1491(a)(2) will read as follows Federal Claims or agency board will (new provision in italic): have jurisdiction but must require that REGARDING SECTION 907 OF S. 1569 The Court of FederalClaims shall have Juris- the contractor provide a valid certifi- diction to roenderjudgment upon any claim Mr. HEFLIN. Mr. President, on Octo.- cation before a decision is rendered or by or against, or dispute with, a contractor bor 7, 1992, the U.S. Senate cleared fol the contractor is paid. arising under section 10(a)(1) of the Contract the President S. 1569, the Federall Paragraph (a)(3) will decouple inter- Disputes Act of 1978.includirg a dispute con- Courts Administration Act. est and certification. Interest will be cerningtermination of a contracl, rights in tan- Contained in this measure are var- Spaid only prospectively from the date gible or intangible property, comlpliance wills ious provisions aimed at improving the of enactment on pending claims for cost accouninlg standards,or olher norl-rnne- targ dispute on which a decision o the cror- Federal claims litigation process be- which the current certification is here- tractnlg oificer has been issued under scrlion 6 fore the U.S. claims court (hereinafter after found to be defective. In all other of that Act. referred to as the Court of Federal respects, payment of interest on exist- Claims, as provided for in section 902 of Sing claims will not be affected by para- S. 1569) and assisting the court in pro- graph (a)(3). In the future, any interest TAX ENTERPRISE ZONES ACT viding better and more efficient service will always be paid from the date the Mr. WELLSTONE. Mr. President. I to its litigants. Specifically, section contracting officer initially received would like the RECORD to reflect that 907 of S. 1569 relates to jurisdiction of the claim, regardless of any defect in had there been a rollcall vote on final the court. certification of the claim. In order to passage of the conference report ac- Subsection (a) of section 907 will eliminate continued litigation over companying H.R. 776 I would have eliminate the confusion and waste of certification technicalities, paragraph voted in favor of final passage. resources that has resulted from the (a)(2) provides that new paragraph While I supported my colleagues Contract Disputes Act certification 6(c)(6) would become effective imme- from Nevada in voting against invok- being deemed jurisdictional, while both diately with respect to all claims ex- ing cloture, the bill as reported from addressing the Justice Department's cept those which prior to the effective the committee on conference has been concern that contractors have suffi- date of this act are the subject of a suit greatly improved. Despite the onerous cient incentive to properly certify filed in the claims court or an appeal provisions of the bill regarding nuclear their claims, and ensuring that all filed in an agency board. If such a power, there are many provisions claims are properly certified before pending suit is dismissed for lack of ju- which merit the Senate's support-the they are paid. risdiction because of a defect in certifi- proposed programs for energy effi- Paragraph (1)(A) will amend the Con- cation and a new claim is thereafter ciency, renewable energy, and restor- tract Disputes Act certification to re- filed, the new claim and certification ing health benefits for retired coal quire that the person certifying the would be governed by the Contract Dis- miners are particularly notable. claim also certify that he or she is duly putes Act as amended by this act. Most of the criticisms which I have authorized by the contractor to exe- Paragraph (a)(4) provides that the raised about this bill have been ad- cute the certification on the contrac- changes to the proposed certification dressed during the course of congres- tor's behalf. In addition, paragraph (B) would become effective 60 days after sional action on it. Notably, the con- will add a new section 6(c)(7), which the Federal Acquisition Regulation is ferees greatly improved the provisions will clarify that the certification must amended to reflect the new required regarding the Public Utility Holding be signed by a person duly authorized phrase in the certification. The re- Company Act and addressed some of to bind the contractor with respect to quired certification is currently de- the taxpayer issues surrounding the the claim. Together, these provisions fined at section 33.207 of the FAR, and bills provisions on uranium enrich- will ensure that the certification binds it would be unfair to implement the ment. The conferees also removed nat- the contractor and cannot later be dis- new certification until that regulation ural gas provisions which threatened avowed by management. The individual is amended to reflect the new require- farmers and ranchers with eminent do- will be required to have authorization, ment. main abuses by energy companies. based either on the company's existing Subsection (b)(l) of section 907 will In conclusion, I wish to express my delegations of authority or a special amend the Tucker Act to clarify the support for the work of the distin- delegation, to act on the contractor's power of the Court of Federal Claims to guished chairman of the Senate Energy behalf with respect to the claim, and hear appeals of all contracting officers' Committee and all of the conferees. must also have authority to execute final decisions, regardless of whether While the bill we have sent to the the certification on behalf of the con- the dispute involves a claim for money President today is not perfect, it is on tractor. In most instances it is antici- currently due. The amendment will re- the whole a good bill which begins to pated that the certification will be store the option of appealing any final respond to our Nation's need for a signed by the same person who signs decisions to either the Court of Federal sound energy policy. the claim itself. Claims or agency board of contract ap- Paragraph (1)(B) will add a new sec- peals at was intended in the Contract tion 6(c)(6), which will permit the con- Disputes Act. The amendment does not COMMENDING DR. LOUIS tracting officer to notify a contractor authorize contractors to seek declara- SULLIVAN within 60 days of receiving a claim that tory judgments from the Court of Fed- Mr. HATCH. Mr. President, as the the certification is defective. If a time- eral Claims in advance of a dispute and 102d Congress comes to an end. I feel it ly notification is provided, the 60-day final decision, and will not permit con- appropriate to take this opportunity to period for issuing a final decision will tractors to seek injunctions or declara- recognize that our distinguished Sec- not begin to run until the defect is tory judgments that would interfere retary of Health and Human Services, cured and a proper certification sub- with the contracting officer's right to Dr. Louis Sullivan, now exceeds all pre- mitted, and the claim will not be direct the manner of performance vious longevity records for stewardship deemed denied. This will create a under the changes clause. A contract- of HHS. Dr. Sullivan's record of serv- strong incentive for contractors to ing officer's final decision under the ice-3 years, 6 months, 8 days, and carefully certify their claims because Contract Disputes Act will remain a ju- counting-surpasses even that of his October 8,1992 :ONGRESSIONAL RECORD-SENATE 34205 eminent predecessor, the only other and killed-ambushed-while travclini Stransitions, the efforts flowing from physician-Secretary of HHS. Dr. Otis in a U.N. convoy, bringing to eight the Sthe London conference, under Sec- Bowen. number of members of the inter- retary Vance and Lord Owen, will be I hope my colleagues will join with national community who have giver Sundermined. me in commending Dr. Sullivan on his their lives while trying to bring some How can a situation be sustained outstanding record of service, and in humanitarian relief to the suffering where some foreign troops are perform- wishing him well as he continues in people throughout Bosnia. ing peacekeeping missions, and some, what I hope will be at least another I Mr. President, what we are witness- Sperhaps U.S. air forces, are performing years at HHS. ing in Sarajevo and elsewhere in Speacemaking activities. There is a high Bosnia is a nation helplessly entrappedI risk that the distinction between the in a bloody civil war, with the roots olf two types of forces, which are exceed- THE SITUATION IN BOSNIA hatred and ethnic and religious strife ingly difficult to maintain, will be lost Mr. WARNER. Mr. President, over dating back centuries. This tragic situ- and peacekeeping forces will be unable the past several months, the Senate ation is an example of the rise of na- to continue, because of increased risk has struggled with the tragedy in the tionalism and ethnic conflict which we to themselves, their mission of protect- states of the former Yugoslavia and the are experiencing-worldwide-in the ing the flow of humanitarian relief sup- appropriate United States response to post-cold-war world. One of the most plies just as winter is approaching. this civil war and humanitarian night- difficult and complicated challenges Winter without assistance will result mare. Americans grieve as they wit- the United States and its friends and in as many or more casualties than the ness the suffering, and are moved by a allies will face in the years ahead is the fighting to date. desire to help. But the question is, how multiplication of nationalist, ethnic Over the course of the past week, I can we help? In the closing hours of the and tribal conflicts around the globe- have had the opportunity to consult 102d Congress, I believe it necessary to with grave consequences for regional with Chairman of the Joint Chiefs outline my concerns with the possible stability and human suffering. The hor. SPowell and Ambassador Zimmerman, use of United States military force in rifying events in the former Yugoslavia our Ambassador to Yugoslavia, and to Bosnia. I am absolutely opposed to any are perhaps the most vivid demonstra- receive a Senate intelligence briefing unilateral U.S. military involvement; tion of the intractability of such con- on the situation in Bosnia. I spoke with Chairman but U.S. action as part of an inter- flicts, as well as international pres- Powell during last national coalition, particularly pursu- sures for American and other inter- week's Senate consideration of a Bidon ant to U.N. resolutions, should be ob- national involvement. And, worst of amendment to the foreign operations appropriations bill which, calls for the jectively considered. all, because so many of these conflicts As my colleagues know, I have been are rooted in history, they are unusu- United States to supply weapons to in the forefront of a minority in the Bosnia, following the passage of cer- ally resistant to diplomatic mediation tain additional United States resolu- United States Senate urging extreme or compromise, as we have seen in the tions. During the course of our con- caution regarding military commit- former Yugoslavia. Further, given that versation, General Powell elaborated ments in Bosnia. I opposed the resolu- the United States is composed of many on a September 28 New York Times ar- tion which the Senate adopted on Au- cultures, religious and ethnic back- ticle which expressed his concerns with gust 11, regarding the use of force in grounds, there is likely to be a division Bosnia because the Senate resolution using limited military force in Bosnia. of opinion among our people as to Here Is the straightforward, nonpoliti- went well beyond what the United Na- whether we should become involved in cal opinion of one of the most re- tions was then considering and eventu- helping to resolve such conflicts, and spected military professionals in the ally passed. which side to back. There are strong world. Unfortunately, I am restricted Following that debate and vote, I felt such divisions within the United States strongly an obligation to learn more from inserting the entire text of his between our citizens with ties to the interview with the New York Times In about the tragic suffering and poten- former Yugoslavia. the RECORD.However, I ask unanimous forces,so I traveled tial use of military While I share the concern of my col- consent to have the article which was to Zagreb and Sarajevo at the begin- leagues with tile daily news reports of drawn from this interview as well as a ning of September. I witnessed first- the killings in Bosnia and the atroc- follow-on op-ed by General Powell-ap- hand the wanton destruction and un- ities in the detention camps, both pear in the REsCORDfollowing these re- imaginable suffering in Sarajevo. Un- under Serb control and Bosnian Mos- marks. fortunately, this trip confirmed my be- lem control, I am concerned that U.S. I have asked time and again during lief that there is a measure of guilt on military intervention-other than on a Senate debate on this issue, What is all sides in this conflict. clear peacekeeping mission-will not the mission for the U.S. troops that People throughout the territory of bring peace to Bosnia but rather many in this Chamber would like to Bosnia, irrespective of why they are compound the chances for more death send to Bosnia? I have yet to receive a there, including those members of the and destruction. The simple fact is satisfactory answer to that question. I international community-foreign that the United States and the inter- ask, would they be used for the limited military and civilian-who are in- national community cannot, in my peacekeeping objective of protecting volved in humanitarian relief oper- opinion, impose a peace, through the the delivery of relief supplies? Based on ations, are subjected to great risks be- use of nonpeacekceping military force, events in Bosnia over the past few cause of the mindless attacks from all on a warring and divided people. Even months, is there anyone who really be- directions. On September 3, an Italian if such actions brought a reduced level lieves that our military personnel transport plane was shot out of the sky of civil war, that conflict would con- would not become targets of the fight- by one of the warring factions-it re- tinue to boil beneath the surface and ing factions and be drawn into the mains an open case who bears respon- erupt anew as the foreign intervention Bosnian civil war? Some have advo- sibility. That plane was carrying blan- was lifted. cated that the International commu- kets-an item that will be desperately We must continue efforts, therefore, nity should intervene to impose peach needed in the winter months ahead. with other nations, to provide humani- on the warring factions. We have a The plane that took me to Sarajevo tarian relief, utilizing foreign military World War II history of Germany's fail- was just an hour ahead and following forces in limited peacekeeping roles. ure to impose its will as our guide to the same fixed flight plan into the Sa- But military forces, of any foreign na- just how successful such a suppression rajevo airport as that Italian plane. tion, should not transition from a mission would be among the former And just days thereafter, two French peacekeeping role to a status of peace- Yugoslav people. soldiers assigned to the U.N. peace- making-that is, be perceived as an ag- Mr. President, while I remain op- keeping forces at the airport were shot gressor force. Once the foreign military posed to a nonpeacekeeping U.S. mill- 34206 CONGRESSIONAL RECORD-SENATE October 8, 1992 tary involvement in Bosnia to enforce S In a lengthy and sometimes emotions 1 well in the Invasion of Panama and the Per- a no-fly-zone at this time, I believe SInterview with The New York Times, the Sslan Gulf war, where overwhelming military that there are things the United States Chairman. Gen. Colin L. Powell, offered e Sforce was used to achieve a quick victory strong defense of his philosophy that mill * with and the international community minimal American casualties. But crit- tary force Is best used to achieve a decislve Ics say that the Pentagon's doctrine seems should do first, before resorting to the victory anti for the first time publicly ex- Sdesigned to fight the last war, a no-holds- use of force. During a luncheon meet- Splained his reluctance to intervene in barred air and land war, rather than the next ing last week on Capitol Hill, Ambas- Bosnia. war, where force might be used selectively. sador Zimmerman spoke of tightening The remarks are the most recent and vivid not to vanquish an enemy, but to slow ag- the U.N. trade embargo on Serbia and example of a behind-the-scenes debate in the gression stemming from ethnic conflicts anti Bush Administration over the use of force. bolster diplomacy to end the fighting. Montenegro. I wonder if my colleagues SThe debate is being joined by lawmakers andt are aware of the fact that while there Les Aspln. the Wisconsin Democrat who former Bush Administration officials who heads the House Armed Services Committee. is a U.N. Security Council resolution contend that the Pentagon has an "all or imposing a trade embargo on Serbia said "If we say it is all or nothing and then nothing" doctrine for using force that is in- walk away from the use of force in the Bal- and Montenegro, there is no U.N. en- creasingly irrelevant to a world in which vio- kans, we are sending a signal to other places forcement resolution for this embargo. lent nationalism and ethnic conflict have that there is no downside to ethnic cleans- Although United States ships are in- supplanted superpower hostilities. ing. We are not deterring anybody." Serbian volved in a NATO/WEU monitoring re- BALKANSTHE THOIINIEST CASE forces in Bosnia have been accused of wide- gime in the Adriatic, which has proven Explaining how his doctrine applies to the spread "ethnic cleansing"-killing or expel- helpful in curtailing trade with Serbia Balkans, which have become the most press- ling members of other groups to create "eth- and Montenegro, the military forces in- ing anti thorniest test case because of the nically pure" areas. mounting evidence of atrocities. General Anti Richard Schifter, tile senior State De- volved In this effort are not empowered Powell assailed the proponents of limited to take action partment official for human rights in the to enforce the embar- military Intervention to protect the Reagan Administration anti tie early part of go-merely to monitor it. Bosnians. the Bush Administration, asserted that the In a step in the right direction, the The general questioned the need to estab- American military was haunted by a "Viet- international community if now in the lish an air-exclusion zone over Bosnia like nam syndrome" that had paralyzed its re- process of stationing sanctions mon- those the United States has imposed over sponse to the killing in Bosnia. parts of Iraq. where the Pentagon sees less "It is the Vietnam syndrome-the idea itors in neighboring nations. According risk. The United States and Its allies are dis- to the briefings that I have received, that you don't get involved in any applica- cussing setting up such a zone. tion of military the main problem with violating the General Powell also angrily rejected sug- force unless it Is overwhelm- embargo comes from a proliferation of gestlons by former Prime Minister Margaret ing and the purpose is to win a 'victory,'" Mr. Schifter said. private entrepreneurs, not from gov- Thatcher of Britain and others that the West "In order to get the Serbs undertake limited air strikes to deter the to negotiate seriously, we andt our allies have ernments. A way must be found to to be prepared to use force, sucll as estab- block the illegal trade and allow sanc- Serbs from shelling Sarajevo and continuing their attacks. lishing a no-fly zone or engaging in air tions a chance to have an impact. The General Powell said: "As soon as they tell strikes against military targets." United Nations should move to specifi- me it Is limited, It means they do not care Normally calm and collected, the general cally authorize steps to further tighten whether you achieve a result or not. As soon spoke angrily as he complained about the or enforce the U.N. sanctions. Such ac- as they tell me 'surgical,' I head for the impetuousness of civilians, who he said had tions may encourage the parties to be bunker." been too quick to place American forces in more willing to come to the negotiat- Though it has largely been fought out of jeopardy unwisely for ill-defined missions. public view, the debate over the use of force "These are the same folks who have stuck ing table to find a peaceful solution to has affected American diplomacy toward the us into problems before that we * ** slon the conflict. Balkans. When Administration officials pre- was. They dlid not know really what they I would hope that such options are pared a diplomatic protest to the Serbs ask- were doing there. It was * ** have lived to fully explored and exhausted before we ing them to stop shadowing relief flights regret." General Powell said. "I have some decide on aggressive peacemaking mili- with their combat planes, military and civil- memories of us being put into situations like tary involvement. Last week, Presi- ian officials at the Pentagon softened tihe that which did not turn out quite the way dent Bush called for a no-fly-zone over language to remove any implicit threat to that the people who put us In thought-i.e., take military action to stop the practice. Lebanon, If you want a more recent real ex- Bosnia. It is unclear at this point how Pentagon officials say that General Powell such a restriction would be enforced, if perience, where a bunch of marines were put was the first to suggest that a protest be in there as a symbol. as a sien. Except those at all. It is my understanding that dis- made and that the episode shows that the poor young folks did not know exactly what cussions on the establishment of a no- State Department was too quick to threaten their mis * * *very confusing. Two hundred fly-zone are now under way at the force because of frustrations with the diplo- and forty-one of them died as a result." United Nations. I am fearful that such matic process. But some Administration offi- In the debate over using military force in a step, if it included enforcement pro- cials say that the Pentagon is too reluctant the Balkans, the most pressing issue is an to develop military options that would add air-exclusion zone in Bosnia,. The United visions, risks greater casualties among teeth to the West's diplomacy. members of the international commu- States and its allies have already said that Though General Powell's philosophy on they are prepared to use force to insure the nity, both in the skies over Bosnia and using force Is widely shared by senior offi- delivery of relief supplies. But threatening in reprisal attacks against U.N. peace- cers, who recall the Vietnam quagmire, he is the most prominent and articulate pro- force to clear the skies of Serbian planes keeping forces on the ground strug- would cross a new threshold. gling to keep up the flow of humani- ponent. Defining the conditions when the use of force Is appropriate, the general said: "It Proponents of an air-exclusion zone say it tarian supplies. In addition, such a step is not so much a doctrine as an approach to would insure that Serbian planes do not re- would risk destroying the fragile U.N. any crisis or situation that comes along. It sume shadowing relief flights and would also coalition regarding the former Yugo- does not say you have to apply overwhelm- be the first commitment of Western combat slavia and may cause Secretary Vance Ing force in every situation. What it says Is power to protect the Bosnians from Serbian air attack. Only the Serbian side has combat and Lord Owen to lose their status as that you must begin with a clear under- honest brokers. standling of what political objective Is being aircraft, and It is using them to attack Mus- achieved." lim ani Croatian areas beyond the reach of [From the New York Times, Sept. 28, 1992 Once the political objective Is clear, Gen- artillery. POWesLLDBI.IVlII A RFSOUNeINONO ONUSINO eral Powell said. the next step is to deter- White Hlouseand State Department offi- LIMI'reI PFOiC INBOSNIA mine the proper military means. whether the cials have been supportive of the concept, (By Michael R. Gordon) objective "is to win or do something else." but the Pentagon has been wary, Adminis- Reflecting a debate about the use of United "Preferably, it is to win because it shows tration officials say, fearing that it could be States forces in regional conflicts, the Chair- you have made a commitment to decisive re- the fist step toward deeper involvement and man of the Joint Chiefs of Staff Is question- sults," he said. "The key Is to get decisive could lead to Serbian retaliation against the Ing even the most limited forms of military results to accomplish the mission." United Nations relief effort. Intervention to protect the Muslims in TWOACTIONS AHI CITDl) 'SKIUOUSTHrAEAT' TO FLIGHTS Bosnia and Hlerzegovlna or to try to stop the Most military analysts say that General In the Interview, General Powell ques- fighting. Powell's approach served the United States tioned the immediate need to threaten force October 8,1992 ONGRESSIONAL RECORD-SENATE 34207 to impose a ban on the flight of Serbian air- rut bombings and no Vietnam. Today, Amer. forget the friends I have made, the peo- craft. He said that the Serbian practice ol clan troops around the world are protecting ple I have met, or the memories I take shadowing relief flights with their planes the peace in Europe, the Persian Gulf, Swith me. rarely put the relief flights in danger. In con- Korea, Cambodia, the Sinai and the western trast, the State Department spokesman, Sahara. Lastly, let me thank the people who Richard A. Boucher, has said that the Ser- Unwilling to use the armed forces? Tell actually keep the Senate running on a bian shadowing has been a "serious threat to that to our troops who are constantly being daily basis-the floor staff, the Cloak- the safety of United Nations flights." deployed to accomplish these missions. room, the pages, all of the clerks and General Powell also noted that he pressed Americans know they are getting a hell of a reporters, the Sergeant at Arm's office, for the diplomatic protest, or demarche, return on their defense investment, even as the Doorkeepers, the U.S. Capitol Po- which was delivered this month, asking the the critics shout for imprudent reductions Slice, the Housekeeping staff and dining Serbs to stop the shadowing. "Before we that would gut the armed forces. services staff, and all the rest who keep start shooting up everybody just so every- The reason for our success is that in every body can have something to write about, instance we have carefully matched the use the trains running on time. let'ssee if the demarche works." he said. of military force to our political objectives. Mr. President, I ask unanimous con- He played down the significance of stop- President Bush, more than any other recent sent that the following material be ping Serbian combat attacks from the air. President, understands the proper use of printed in the RECORD. "With respect to dropping cluster bombs, military force. In every instance, he has There being no objection, the ordered that is reprehensible." he said. "But so is made sure that the objective was clear and material to be printed in the RECORD, killing French soldiers with an AK-47. The that we knew what we were getting into. We follows: question is: Are you intervening for the pur- owe it to the men and women who go in pose of achieving a result or are you inter- harm's way to make sure that their lives are [NewsRelease, Feb. 1, 1972) vening because you do not like a particular not squandered for unclear purposes. STEVEND. SYMMS. IDAHO FRUIT GROWER, weapon system that is being used? I think Military men and women recognize more ANNOUNCESFOR CONGRESS that is a legitimate question to ask before than most people that not every situation Steven D. Symms, prominent Idaho fruit you apply the armed forces of the United will be crystal clear. We can and do operate grower,Caldwell, (Sunny Stope). Republican, States to the situation." in murky, unpredictable circumstances. We announces that he will be a candidate for General Powell also rejected suggestions offer a range of options. But we also recog- United States Congress from the First Dis- for limited bombing attacks against Serbian nize that military force is not always the trict. artillery and other military targets. "I do right answer. If force is used imprecisely or Mr. Symms has issued the following state- not know how limited bombing will stop the out of frustration rather than clear analysis, ment entitled, "For Those Who Care," which Serbs from doing what they are doing," he the situation can be made worse. explain in no uncertain terms his attitude said. Decisive means and results are always to about government in general. His statement THREEARGUMENTS AGAINST be preferred, even if they are not always pos- follows: The general argued that it would be dif- sible. So you bet I get nervous when so- Many of you have heard the old saying "In ficult to locate and destroy all of the Serbian called experts suggest that all we need Is a times of moral crisis the hottest places in artillery, that intervention would mean that little surgical bombing or a limited attack. hell are reserved for those who remain si- Washington was taking sides in the conflict, When the desired result isn'tobtained, a new lent." Many of my friends have urged me to and that the warring parties might respond set of experts then comes forward with talk seek the First Congressional seal of Idaho. by retaliating against the United Nations re- of a little escalation. History has not been The other side of the story, which you sel- lief effort. kind to this approach. dom hear, is that other friends of mine have The crisis in Bosnia is especially complex. urged me not to run. I have appreciated [From the New York Times. October 8,19921 Our policy and the policy of the inter- counsel from all of them. WHYGENERALS GET NERVOUS national community have been to assist in The purpose of my making this statement (By Colin L. Powell) providing humanitarian relief to the victims of positions is simply to clear the air for all There has been a spate of commentary re- ofthat terrible conflict, one with deep ethnic of those who wish to participate in what cently over the use of American Military and religious roots that go back a thousand could be the most unusual political cam- force to deal with the vexing problems of an years. The solution must ultimately be a po- paign we have had in Idaho. This will prob- untidy post-cold war world. The military has litical one. Deeper military involvement be- ably bring together a very unusual cadre, been criticized for being too reluctant to use yond humanitarian purposes requires great who, I'm sure, will leave behind some ideas force. In a recent editorial, for example, the care and a full examination of possible out- for political writers to kick around for quite New York Times suggested that the military comes. That is what we have been doing. some time, One of my friends told me that has a "no can do" attitude and asked wheth- Whatever is decided on this or the other my appeal would be either to the very young er America is getting a fair return on its de- challenges that will come along, Americans who are striving for liberty, or to the very fense investment. can be sure that their armed forces will be old, who remember what it used to be like The editorial even reached back to the fa- ready, willing and able to accomplish the when we were relatively free. mous exchange between President Lincoln mission. Now a word about how an apple grower and General McClellan during the Civil War. Finally, allow me to set the record who could consider thinking of running for Lincoln. frustrated with McClellan's slow- straight on President Lincoln's frustration Congress. Well, a couple of gentlemen I know ness in engaging the enemy, told him, "If with General McClellan. Lincoln's problem have asked me to support their Congres- you don't want to use the Army. I should with McClellan was that McClellan would sional races. I have known both men for a like to borrow it for a while." not use the overwhelming force available to long time, and I want everyone to under- Let me respond by reviewing a little more him to achieve a decisive result.Lincoln had stand that I respect them. But, it seems to recent history. During the last three years set out clear political objectives. McClellan me that they are both locked in a system of U.S. armed forces have been used repeatedly acted in a limited, Inconclusive way. popularity politics and all they are doing is to defend our Interests and achieve our polit- playing the game the way it has always been ical objectives. In December 1989.a dictator played. They have both asked me for sup- was removed from power in Panama. In that I THANK YOU ALL port, so they can serve me. I'm like a lot of same month, when a coup threatened to top- Mr. SYMMS. Mr. President, I wish to you-I don't want to be served. The bull ple democracy in the Philippines, a limited thank my constituents in Idaho for al- serves the cow. Washington, D.C. is full of use of force helped prevent it. able politicians "serving us." It'salso full of In January 1991,a daring night raid res- lowing me to represent them for the people who know their way around both cued our embassy in Somalia, That same past 20 years. It has truly been an Washington and politics. As I see it, the month, we rescued stranded foreigners and honor and a privilege. issue is WHO is going to run our lives any- protected our embassy in Liberia. We waged I also wish to thank all of my staff, way-we or the government? a major war in the Persian Gulf to liberate both here in Washington, DC, and in All I ever hear from political candidates Kuwait. Moreover, we have used our forces Idaho. The people of Idaho can be proud seeking office nowadays is some appeal to for humanitarian relief operations in Iraq, of their hard work and dedicated serv- popularity which is leading us down the path for Somalia, Bangladesh. Russia and Bosnia. ice. of the government, by the government, American 0-130aircraft are part of the relief the government, and more government. It effort in Sarajevo. I would be remiss, Mr. President, if I seems to me that our politicians, both Demo- All of these operations had one thing in did not take a moment to thank all of cratic and Republican, are losing their com- common: they were successful. There have my colleagues for their friendship mon sense. A common sense, limited ap- been no Bay of Pigs, failed desert raids. Bel- throughout the years. I will not soon proach to government has always appealed 59-0590-97Vol. 138 (1.23) 24 34208 CONGRESSIONAL RECORD-SENATE October 8, 1992 to me. In the last ten years in Idaho under biased anti-profit. anti-capitalistic mental- we should be ashamed of ourselves. I want to Republican leadership our state budget has ity so prevalent In our opinion-making com- raise my children to respect honesty as most gone up five times. Where does it stop? Prl- munity. All I ever hear is, "Can he win?" or Sof you do. What happened In Washington? It vate growth in Idaho doesn't begin to match "Will It pass?" How refreshing It would be to looks to me as though the Republicans have this. I was one of those who through chang- have one political party in this country that gone Democrat and the Democrats have gone ing governors a few years ago was going to Just wanted to know if It was right or wrong. Socialist In a mad rush for power to "serve" cut down the role of government in my life. What really brings this thing home to me our good old cow. Between the bull serving What a surprise that was. Another group Is when our own Idaho apple industry out of us ant the tax collector milking us, when are later thought we should change again. Our desperation due to clogged apple markets Is we going to produce? former governors replacement Is doing favoring a marketing order for apples which It looks to me like Billy Sol Estes did the fine-with regard to keeping state meddling is based strictly on the premise of compul- same thing with fertilizer and salad oil that on the increase at our expense. (Incidently. sory apple production controls. In tie days the U.S. Treasury has done to gold. No won- the Governor does promote apple juice in the when we had the little grocery stores. the der some of our young people get disillu- Governor's office as a refreshment, so he's apple price at the retail level had a close re- sioned with us. No wonder the foreign coun- not all bad!) It's Just another example of an lationship to the price received by the farm- tries don'ttrust us. How could we be shocked extremely able politician playing the politi- er. In other words when there were too many by the results of the United Nations vote to cal game of "service" under the present set apples, they were sold cheaper in the stores, lump Free China? How many of you have of rules. Remember, these are not bad fel- therefore Increasing consumption and friends still In Viet Nam? War is "Hell", and lows. but also remember that we are not unclogging the market. Today, as apples are when involved we should view it like Vince cows, either! sold through the chain store produce Lombardi did football. "Winning Is every- It does seem hopeless out here on the pro- counters, the price fluctuates very little thing." Wasn't Korea enough of a lesson in ducing end of the economy. We elect good with regard to supplies. My point Is this-big playing touch football with the tenacious, men to public office. Sooner or later their government, big business, and big labor vicious enemy that plays for keeps and nostrils get Infected with marble or they get evolve together-all power oriented. It is knows the ideals they stand for? a dose of Potomac Fever and this somehow just simply impossible for the small busi- What this country needs is to respect prop- turns them Into madmen with the public cof- nessman to fill out all the forms and abide erty and human rights (which common sense fers. The battle ends up being between the by all the regulations so he sells out, goes tells us are one and the same), and to strive Ins and the outs-no one caring about right broke, or gives up. Isn't it strange that the for maintaining free entry into the market or wrong-just carefully worded statements U.S. Navy can train a carrier-qualified, high- for everyone. No favorites, no free lunches, so the "good guys" can replace the "bad performance, instrument-rated fighter pilot and no exceptions. guys"-hogwash! in 18 months while it takes organized labor It seems as though it Is an inescapable con- I hope when any politician comes to town four years to train a Journeyman plumber? clusion that the people in Washington are to tell you of hIlscapabilities to "serve" you Trade unions and marketing orders are not doing their best to serve their districts. You that you will (1)tell him about the things aimed at increasing production, but limiting know what that really means-there Is abso- you hope he won't do for you, (2)grab your it. Common sense tells us that to increase lutely nothing that the government ever wallet, and (3)run for cover, Now I think It's our living standard we should increase pro- gets that it doesn't first take away. Why true beyond the question of a doubt that duction-not limit It. don't we just once all get together and tell most any politician will "serve" you better I own an Elaine Powers Figure Salon fran- the tax collector to either stop interfering or in Washington than I If you want any favors chise. If I didn't have the expertise of the we stop paying? from the government. My sole aim Is to re- parent company taking care of all the gov- Still, on the plus side, some of the people duce government-not streamline It-not ernment regulations and all the FTC require- In Washington do know what they are for- make it efficient-Just reduce it. ments, it would be impossible to operate. If God bless John Ashbrook-thanks to him we I hold that we Americans are a rational, you doubt me, just go to Boise, Nampa, or still hear that Adam Smith Is alive ant kick- reasonable people-otherwise how could we Iewlston and open a ladles' health club. ing and that capitalism is a moral philoso- even get home driving in eight lanes of 5 Your education In business red tape, regula- phy. Why won't the Republicans give them a o'clock traffic, or fly airplanes. or grow ap- tions, and free markets will really get a les- hearing? ples? Did you ever try to do that well voting? son. Believe me, the tuition is not free, and Usually all we do is holler about welfare Just like a friend of mine who works at be sure you have lots of pencils to fill out all abuses, but never ask how it is that all these Symms Fruit Ranch-he didn't want a war the ldioticforms. people are out of work. What about mini- so he voted for LBJ-sure enough he got a How about your income tax form? Isn't it mum wage laws? What about union labor war. After four years he thought the federal rilliculous that a man working for wages monopolies? What about politicians who dan- budget was looking too fatant unhealthy, so can't fill out his own form? Income tax forms gle the welfare carrot In front of the voter he voted Republican. If he thought the budg- should be simple. The only reason for taxes and help to lock him In his present situa- et was unhealthy then, look now. should be to support limited government- tion? What is moral about this? Give the How can we cut through all this? How not some complex scheme of a social planner vote-buying politician ant the welfare re- about free enterprise solutions? Haven't we to level wealth or play favorites or to give cipients an equal opportunity to work and had enough government solutions? All the special privileges to certain groups. We were I'll put my bets on the character of most of politicians get to meddling and they tend to promised reform by every administration the welfare recipients. confuse and make worse most problems we since Eisenhower. Maybe I'm blind, but I If there are enough of you that share these could solve ourselves. What is needled is to don't see much change except that they are same ideals that I have, let me hear from release creative personal initiative andti a bigger pain In the neck to complete, they you. But before you do any urging, ask your- human effort from government shackles at still play favorites, and for the most part, self these questions:- every level. Why don't we adhere to Jeffer- they are an exploitation of Individual human (1) Do I care about principle enough to son's principle, "Throw the government in effort. back a candidate who is not going to partici- chains and free the people." Remember. gov- Some vote-buying politicians cry about pate In a popularity contest? ernment means politicians. There is work to rich capitalist exploiting the poor. I think (2)Would I care if my candidate refused to do, houses to build, people to feed, children all of us. both rich and poor alike have one kiss babies and would only wage a campaign to educate. Bureaucracy ant regulation at thing in common-our lives. Moneys and pri- on ideas? every level is in the way. If the politicians vacy are being exploited by a cancerous (3)Could I afford to have a representative would work as hard to make free enterprise growth like bureaucracy. Isn't enough, from Idaho who would be breaking his neck work as they do socialism, maybe we could enough? Or do we have to let the professional to throw rocks in the way of tie bureaucracy get some things going. politicians sell us down the river before we in Washington instead of In the way of free Ask your political candidates to answer wake up? enterprise? this question: "Why is it that both state antd Back to apples. We stick to principles to (4)Would I want someone In office who federal office holders got their pay raises grow and sell good apples and we value our isn't hungry for the job, power and prestige prior to wage and price controls?" Just once reputation with our customers, employees that goes with it and would really rather be wouldn't It be fun to freeze every level of and people we do business with. Just how Is an apple grower that the government would government anti give us the chance to catch the politician's reputation today? Is there just leave alone? up out here on the producing endl of the econ- really a dime'sworth of difference? If your answer Is "no" to any of the above, omy? What happened to the principles of the Re- please throw this in the trash. I want to emphasize producing. I'll toll you publican party? How come it's more Impor- If your answer is "yes" ant you are ready this-I like being a producer. So It won't ant to win an election that it is to stick to for dynamic diversion from "Rah Rah" break my heart if I don't get elected because principles? We Republicans have helped in schoolboy politics into a battle of Ideas I am unable to get this message through a running up our nation's debt to a point that which In the long run could have con- October 8, 1992 1ONGRESSIONAL RECORD-SENATE 34209 sequences by limiting government and ex Sbrethren of the press is that the people olf Church and John Evans. Well, they aren't panding Indivliual freedom: Idaho still have such good common sense In Sthe only ones who can take polls. I took a (1)This isn'ta one man show-I can't do it spite of the barrage of propaganda. The poll anti It shows that in a contest between alone-Your support will be appreciated. Idaho voter Is somehow able to see through Steve Symms antd Richard Stallliigs, Symms (2)Show this to your friends and have it Sthe bias. And, when given a clear choice, wins! When the Stalllngs' record Is exposed, reprinted if you wish, or write me for addi- they consistently vote for freedom, and ig- tile people of Idaho reject the wet-finger tional copies-Stevens D. Symma, Route 6, nore the messianic insight of the holler- policies of the left-lcaning Democrat who Caldwell Idaho 83605. than-thou editorial writers. Fortunately, says one thiing but votes tie other way. (3)When the next politician tells you how I've always tried to give them that choice. What's more, my poll says that when you he's going to "serve" you, run for cover. As I said in 1972,I went to Washington to pit Stalllngs against either Biole Mayor Consider this my formal announcement ol reduce government. But there are some Dick Kempthorne, Lieutenant Governor my candidacy for Congress from the First thlngos government should do. National de- Butch Otter, or former Attorney General Congressional District, on the Republican fense comes to mind. I'm proud to say I've Jim Jones, ie loses. And there may be others ticket. been a constant supporter of a stronll na- who could will if they choose to run. The God save the Republic-Steven D. Symms. tional defense. I've also supported using our candidate who refleect the center-right will military to keep the peace and promote free- win. The candidate who believes in and votes [Press release from Steve Symms, Aug. 7, dom, Angola and Central and Latin America for freedom, for Individual liberty, for a 1991]. are moving to democratic capitallsm. The strong national defense and for limited gov- Recent speculation by the media and oth- Persian Gulf experience is proof positive ernment will win when they run against ers regarding my Intentions toward another that my position was and is the correct one. Stallings, a left-leaning Democrat wih wor- campaign for the United States Senate are Yet, even with the stunning victory In Ku- ships at the altar of big government and symptomatic of the predicament in America wait, as a percent of gross national product, cowtows to the union bosses. and Idaho today. You're focused on the America is spending the least amount on na- When I went to Washington, I said I want- wrong thing: "WJll Symms run or won't he?" tional defense since Just before the Korean ed you to be as free when I left as when I This has taken center stage since the mo- War. History tells us tills is risky at best. came. At the end of my current termn,I will ment my prospective opponent formed an ex- I was privileged to support President have worked to preserve your liberty for ploratory committee In Washington D.C. Reagan when ihe proclaimed America was twenty years. I think It is now my turn to There are hundreds if not thousands of back. It's no accident the lerlin Wall came seek mly own. other issues more significant. down. Who would have thought that a Soviet I will not be a candidate In 1992-and I look In a global sense, whether or not Steve dictator would attend, hat in hand, an eco- forward to starting another career In tile pri- Symms runs is not Important. What is im- nomic summit of free, capitalistic nations. vate sector In 1993. portant are the ideas, philosophy and prin- Gorbachev Is begging for dollars to keep his I thank all Idahoans for the opportunity to ciples of the candidate. Eighteen years ago bankrupt economy afloat while he continues have represented Idaho In the House and an apple knocker from Sunny Slope ran for to spend billions on missiles, tanks, ships Senate during this time. For the next year Congress, not knowing whether or not I and bombers. The Communist/Socialist com- and a half, I intend to keep up the fight. My would win, but determined to add the word mand-control societies can't compete. work is not finished. There is a highway bill freedom to the campaign rhetoric. I didn't Gorbachev and his cronies can no longer re- to complete. The Private Property Rights promise to make government efficient. I press their people's right to the freedom we Act and the National Recreational Trails didn't promise to streamline government. I take for granted. Fund Act are still pending and there's still said I'd try to reduce government. Those who Peace is breaking out in the Third World plenty of battles to be fought over tile budg- would listen heard me say government was too. No doubt you didn't hear or read about et hemorrlhge. As Idaho's Senior Senator, I the problem, not the solution.Enough people it in Idaho, but I'm proud to have played a fully intend to lead this fight. agreed that the unexpected happened. I went role In that process: Angola by passage of my If there are words which best describe my to Congress. amendment to repeal tie Clark Amendment feelings as I begin the final months the Sen- For the last two decades, Its been excit- and the work of the Central America Task ate it Is undaunted and rededicatedl I'm not ing-first as a candidate, then a Member of Force. going away. I'll be here doing my job. And I the House, and now a Senator, I have been Transportation Is another area where the will be part of the 1992Senate campaign. able to press my belief that freedom works, federal government has been able to coordi- It hlasbeen said that I am a tireless cam- that Individuals should be able to work and nate our resources to improve our transpor- paigner. I enjoy selling free market ideas, tation. Thanks to President Elsenhower who ideals and principles. enjoy the fruits of their labor unencumbered As you know, I've never lost a campaign by the octopus of government. I've kept my recognized the need to move armies rapidly. and I don't intend to lose tills seat to the promise. I have tried to reduce government we've built the best transportation system Democrats. and maintain my sense of humor and per- in the world and I'm proud to have played a I will not sit idly by while a left-leaning spective in the process. role In this. Democrat sells the Idaho electorate a bill of And I'm not finished! As long as there's a Private property Is the foundation of all goods. Freedom is the mainspring of human heartbeat in this chest, I'll continue the freedom. The harshest policy is that which progress. I believe it in 1972.1 believe it even quest for freedom. I don't Intend to give Ted takes private property during one's life and more In 1991,and It will be an issuc in 1992. Kennedy. Jesse Jackson, or Dick Stalllngs a the cruelest tax is that which confiscates I predict here and now that 1992is going to free rein. private property upon the death of the rain oni the Democrat's parade. My two Senate campaigns against Frank owner. My goal Is to return Idaho to the Repub- Church and John Evans were as much fun as But,all that is In the past. What is Steve lican column in both the House and Senate. anything I can remember. Not because I Symms going to do In the future? Am I going I am convinced that with dedication, hard doubted either of these men's sincerity, but to run or not? work and principled ideas-it will happen. because these races presented Idahoans with I am looking forward to the 1992Senate Special thanks goes to my family and Jim a clear choice between more government or race. It'sgoing to be a lot of fun. I believe Mertz and Dick Buxton, the Chairman and more freedom. Freedom won both times. Idaho voters will again have a clear choice. Treasurer of the Symms campaigns, and my Given that choice, Idahoans will choose free- Stallings is on the left, sometimes the far friend Ralph Smeed. dom again. left, of the political spcctrum (left of the I thank all of my constituents for their Stalllngs now says Idaho has changed, United Nations resolution on the gulf). Ida- support and look forward to continued con- Steve Symms hasn't. lie says I'm out of step. hoans, at least the vast majority of Idaho- tact In the future. He cites a poll-a survey of a few hundred ans, are from the center to the right. Most God bless you and God bless America. people-as proof. Well, he's half right. Steve Idahoans are common sense conservatives Symms hasn't changed. I hope I've grown. who believe in hard work, the family,and in- SKNATORISTEKV SYMIMS' StNATE AND) H(OUS1 After 18', years my perspective is much dividual liberty. STAe'IA',1972-92, AN INCOMI'I.'ln'ELIST'' broader-but my beliefs are even more con- Stallings decided to run for the U.S. Sen- Megan Argiro, Marcia Bain, Mary Barton. firmed. ate because he took a poll. If you ask me, a Gaye Bennett, Penny Young Bond. Taylor The last eighteen years have given me poll is a pretty shallow reason for wanting to Bowlden, Terry Burley, Rusty Butler. plenty of opportunity to Joust with the news be a Senator. What's he going to do if he's Margaret "Ducky" Calhoun, Pat Calhoun, media too. Freedom is one dimensional to elected, take a poll every time there's a Anne Canfield, Gwen Butllny Caudle. Carrie most folks in the media. They understand tough vote? Being a Senator means taking a Cereghino, Sue Cornick, Sandra Church, freedom of the press, but they take on a stand, believing In something, voting your Trent Clark, Joe Cobb, blank look when you start talking about in- conscience and taking the heat. Lyn Darrington, Laurette "Mikki" Davies. dividual liberty or the responsibility that Stalllngs says his poll tells him he can de- Mark Davis. Tom Dayley, Paula Hawks goes along with it. What really galls the feat me. That's what the polls told Frank DeLuca, Mike Duff, Chip Dutcher. 34210 CONGRESSIONAL RECORD-SENATE October 8, 1992 John Engel. Intelligence Committee on May 23, teer to be an agent, and therefore did Susan Fagan, Bill Fay. Caroline Flel, J.D. 1990. The amendment, as it was origi- not meet the section 2709 standard. Poster, Lisa Foster. nally introduced, however, was not In response to this limitation, the Charles Grant. James Grant. Sally acted upon, largely because of civil lib- FBI asked Congress to expand the Greenslade. reach of section 2709, to allow the FBI Pete Hackworth. Paulette Hoeny, Mike erties concerns raised with respect to Hammond, Krls lHanlsch, John Hatch, Faith the original wording. certification to require phone compa- Haywood. Al Henderson. In 1991, however, new wording was nies to identify not only suspected Susan Irwin. worked out by the House and Senate agents of foreign powers but also per- Andy Jazwick. Janet Jefferles, Bill Jerroll, Judiciary Committees, responding to sons who have been in contact with for- Rusty Jesser, Laura Knapp Johnson. these concerns, and this provision was eign powers or suspected agents of for- Chad Kirkpatrick. Marjorie Kline. Jeff included in the 1991 crime bill. eign powers. As originally proposed by Kummer. BACKGROUNDI the FBI, the amendment would have Carl Lance, Mary Lawrence, Chris Lay. Thomas LeClaire. Margaret Lindy. Georgia In adopting ECPA in 1986, Congress applied to any caller to a foreign diplo- Lemley, Grant Loebs, Thomas Lowery. Phil established certain privacy protections matic establishment and any caller to Luce. for subscriber records and other infor- official foreign visitors such as schol- Jeff Malmen, Chris Manlon, Marjorle mation held by telephone companies ars from government universities Miner. and other electronic communication abroad. This was deemed by the Judici- Kathy Nelsen. Trevor Norris. service providers. Congress provided ary Committee to be too broad. Scooteh Pankonln, Dave Pearson, Josee that the Government could obtain a Exempt from the judicial scrutiny Jessica Perrin, Pendleton, Linda Perkins, normally required for compulsory proc- Pamela Peterson, Angela Plott. Bill Powers. subscriber's transactional records or Rene Qullano. other information from a telephone ess, the national security letter is an Ruth Rathbun. Philip Reberger, Dixie company without the subscriber's per- extraordinary device. New applications Richardson, Dwight Ripley. Alain Blebee mission only pursuant to a subpoena, are disfavored. However, after careful Robinson, Lols Rogers, Max Rogers, Ray search warrant or court order where study, the committee concluded that a Rogers, Roberta Rolllngson, Sam Routson. there is reason to believe that the in- narrow change in section 2709 to meet Chris Sandlund, Eric Sandlund, Andrew formation is relevant to a legitimate the FBI's focused and demonstrated Schlrrmeister, Rita Scott. Howard The provision re- Segermark, Stacey Shepard, Orletta Sin- law enforcement inquiry. 18U.S.C. 2703. needs was justified. clair, Ralph Smeed, Bob Smith, Fiona Congress created a limited exception ported by the committee is a modifica- Smith, Lee Smith, Margaret Smith, Kevin to this rule for use in counterintel- tion of the language originally pro- Spencer. Martha Spinger. Charlene Stewart, ligence and international terrorism posed by the FBI. It allows access Craig Stelnburg. Michael Stinson, Dave Sul- cases. In 18 U.S.C. 2709, Congress gave where: First, there Is a contact with a livan. Loretta Fuller Symms. the FBI authority to compel produc- suspected intelligence officer or a sus- Elizabeth Taylor. Teresa Taylor. Lee tion of identifying information and toll pected terrorist; or second, the cir- Teagne, Sandy Tewalt, Georgia Thomas, Ken records with a so-called national secu- cumstances of the conversation indi- Thompson, Al Timothy. Phil Ufholz. rity letter, signed by an FBI official cate, as they did in the case described Rich Valenzuela, Lisa Vold, Rita Vanover. without judicial review and without above, that it may involve spying or an Thelma Welker, Jade West, David Whaley, relevance to a criminal investigation, offer of information. Jerry Williams, Joyce Hemenway Williams, where the subscriber is believed to be a In addition to covering a future case Sherle Williams. Marianne Winston, Barbara foreign power or agent of a foreign like the one described above, this new Wise, Jane Wittmeyer. power, as defined in the Foreign Intel- authority would allow the FBI to iden- Llanne Yamamoto, Glen Youngblood. ligence Surveillance Act. Foreign tify subscribers in the following types (At the request of Mr. MITCHELL, the power includes international terrorist of cases, cited by the FBI in justifying following statement was ordered to be groups. its need for this amendment: printed in the RECORD at this point:) The FBI has concluded that the au- First, persons whose phone numbers * Mr. LEAHY. Mr. President. last thority in section 2709 is, in one spe- were listed in an address book seized night the Senate passed the Justice cific respect, too narrow. To illustrate from a suspected terrorist; Improvements Act which included two the problem, the Bureau cites the case Second, all persons who call an em- important amendments. The purpose of of a former employee of the U.S. Gov- bassy and ask to speak with a sus- the first amendment is to enable the ernment who called a foreign embassy pected intelligence officer; and FBI to identify the subscribers to tele- and offered to provide sensitive U.S. Third, all callers to the home of a phones that are used to communicate Government information. The con- suspected intelligence officer or the with foreign powers or foreign agents versation was monitored, but the apartment of a suspected terrorist. who engage in clandestine intelligence former employee did not identify him- Section 2709 as enacted in 1986 used activities or international terrorism. self. The former employee subse- the phrase "subscriber information and This section amends section 2709 of the quently met with representatives of toll billing records information" to de- Electronic Communications Privacy the foreign nation and compromised scribe the information that the FBI Act [ECPA], 18 U.S.C. 2709, to require highly sensitive information about could obtain. Instead of "subscriber in- that a wire or electronic communica- U.S. intelligence capabilities. The FBI formation," the amendment here uses tion service provider give the FBI ac- argues that if it had been able to trace more specific terms: "names. address, cess, without a court order or sub- the number from which the first call length of service." As used in this sec- poena, to information identifying cer- offering information was placed, it tion, toll billing records consist of in- tain telephone subscribers for use in might have been able to identify the formation maintained by a wire or foreign counterintelligence and inter- former employee sooner or prevent the electronic communication service pro- national terrorism investigations. loss of information. vider identifying the telephone num- The administration initially pro- However, under sections 2703 and 2709 bers called from a particular phone or posed an earlier version of this amend- as they were adopted in 1986, the FBI attributable to a particular account for ment in September 1989 and again in could not, without a subpoena or court which a communication service pro- successive Intelligence Authorization order, obtain the identity of a sub- vider might charge a service fee. The Acts. Indeed, I am advised that FBI Di- scriber, unless there was a reason to committee intends, and the FBI agrees, rector William S. Sessions testified in believe that the subscriber was a for- that the authority to obtain subscriber favor of the amendment at a closed In- eign power or agent of a foreign power. information and toll billing records telligence Committee hearing on May In the case described above, the FBI under section 2709 does not require 10. 1990, and that the amendment was did not have reason to believe that the communications service providers to publicly endorsed by a special counter- caller was a foreign agent. Instead, the create records which they do not main- intelligence panel established by the caller appeared to be a possible volun- tain in the ordinary course of business. October 8,1992 :ONGRESSIONAL RECORD-SENATE 34211 This amendment strengthens con- son to believe that the communication board than with a bomb." The NRC gressional oversight of the exercise oI concerned international terrorism or study underscores the need for imme- this authority by amending section clandestine intelligence activities. diate action to protect our computer 2709(e) to add a requirement that the This amendment also adds the House systems. FBI report on its use of the authority and Senate Judiciary Committees to This legislation deals with new tech- to both House and Senate Judiciary the oversight provision in section nologies and newly discovered forms of Committees as well as both Intel- 2709(0). computer abuse. An alarming number ligence Committees. It is the commit- Mr. President. I am also pleased to of new technliuque-computer viruses, tee's intent regarding this section that join with Senators BDOWNand Koll in worms, and Trojan horses-can be used the FBI should, without identifying the offering the Computer Abuse Amend- to enter computers secretly. Their sim- subjects of pending investigations, in- ments Act of 1992 as an amendment to ple names belie their insidious nature. form the committees, as part of this re- H.R. 3349. Thousands of virus attacks have been port, of the facts and circumstances It is important to update our laws to reported and hundreds of different vi- that are the basis for obtaining infor- stay abreast of rapid changes in com- ruses have been identified, Computer mation concerning any domestic politi- puter technology and computer abuse breaches can cause economic disaster cal organization or groups under sec- techniques. In the 101st Congress, the and even threaten human life. tion 2709. Senate responded to the threat posed Hidden programs can destroy or alter Under section 2703(e), wire or elec- by new forms of computer abuse-de- data. For example, a Michigan hospital tronic communication service provid- structive viruses, worms, and Trojan reported that its patient information ers who provide information in re- horses-by unanimously passing S. had been scrambled or altered by a sponse to a "court order, warrant, sub- 2476. That bill was not considered by virus that came with a vendor's image poena or certification under this chap- the House of Repreesentatives in the display system. Hidden programs can ter" are protected from liability for last Congress, so I joined with Senators also hopelessly clog computer net- such disclosure. The certification BROWNand KoHL in reintroducing the works, as we saw with the Internet signed by the Director or the Director's bill, S. 1322 in this Congress. S. 1322 work of November 1988. designee under the section 2709(b) is a passed the Senate as an amendment to Other computer incidents, using the certification for purposes of section S. 1241, the Violent Crime Control Act. same kinds of programs, have been In- 2703(e). The provision was altered slightly in advertent. For example, in December SEC'ION-BY-SECrlONANALYSIS the crime conference with the House In 1989, the Vermont State computer not- This proposal amends 18 U.S.C. 2709 November 1991. It passed the House in work froze. It was impossible to sign on by striking subsection (b)and inserting this modified form as part of the con- to the system. Rather than a virus or in lieu thereof a now subsection con- ference report to H.R. 3371, the Violent sabotage, it turned out to bo a security taining two paragraphs. Crime Control Act. device in the form of a "time bomb," Paragraph (1) of the new section The Computer Abuse Amendments built into the system's hardware to 2709(b) re-enacts the existing authority Act of 1992 is the product of over 2 deter outside access. The manufacturer for FBI access to the name, address, years of work by the Subcommittee on of the software had failed to inform the length of service and toll billing Technology and the Law. In the 101st State that a special code would be trig- records of a person or entity when the Congress, I chaired two hearings on gered after a given date, locking out Director or the Director's designee cer- computer abuse. This proposal has been access through normal channels. It was tifies in writing to the wire or elec- drafted and revised on the basis of nuisance to be sure, but certainly not tronic communication service provider careful review of issues raised In the criminal. to which the request is made that-(A) subcommittee's hearings, and with the The subcommittee held a hearing on the information sought is relevant to benefit of consultation with computer May 15, 1989, to explore the threat to an authorized foreign counterintel- experts. The bill has been broadly sup- computers and the information stored ligence investigation; and (B) there are ported by the computer industry and in them posed by new forms of com- specific and articulate facts giving rea- by computer users. At the subcommit- puter abuse. We heard testimony from son to believe that the person or entity tee's hearing on July 31, 1990, Deputy FBI Director William Sessions, who to whom the information sought per- Assistant Attorney General Mark stressed the seriousness of tile threat tains is a foreign power or an agent of Richard testified that this bill "* * * posed by computer viruses and other a foreign power as defined in the For- provides a useful improvement over techniques. eign Intelligence Surveillance Act. and clarification of, the scope of exist- The subcommittee also heard testi- Paragraph (2) of the new section ing law. mony from Dr. Clifford Stoll, an astro- 2709(b) authorizes the FBI Director or The free flow of information is vital physicist at the Harvard-Smithsonian the Director's designee to obtain the to our competitiveness as a nation. In- Center for Astroplysics. He testified name, address and length of service of novations in computer technology cre- that many researchers throughout the a person or entity if the Director or the ate new opportunities for improving United States were prevented from Director's designee certifies in writing the flow of information and advancing using their computers for 2 days as a to the wire or electronic communica- America's economic future, but they result of a worm that was introduced tions service provider to which the re- also create new opportunities for abuse onto the Internet computer network in quest is made that-(A) the informa- by those who seek to undermine our November 1988. While managing the tion sought is relevant to an author- computer systems. The maintenance of computer system at the Lawrence ized foreign counterintelligence inves- the security and integrity of computer Berkeley Laboratory, Dr. Stoll caught tigation: and (B) there is reason to be- systems has become increasingly criti- a West German spy using computer lieve that communications facilities cal to interstate and foreign com- networks to try to gain access to mili- registered in the name of the person or merce, communications, education, tary information. entity have been used, through the technology, and national security. As a prosecutor for more than 8 years services of such provider, in commu- The National Research Council [NRCJ in Vermont, I learned that the best de- nication with (1)an individual who is published a major study, "Computers terrent to crime was the threat of swift engaging or has engaged in inter- at Risk: Safe Computing in the Infor- apprehension, conviction, and punish- national terrorism or clandestine intel- mation Act." The study finds that we ment. Whether the offense is murder, ligence activities that involve or may risk computer breachers that could drunk driving or computer crime, we involve a violation of the criminal cause economic disaster and even need clear laws to bring offenders to statutes of the United States or (ii) a threaten human life. According to the justice. Trespassing, breaking and en- foreign power or an agent of a foreign NRC study, "Tomorrow's terrorist may tering, vandalism, and stealing are power under circumstances giving rea- be able to do more damage with a key- against the law. They have always been 34212 CONGRESSIONAL RECORD-SENATE October 8, 1992 against the law because they are con- The legislation expands the jurisdic- deliver some of the most important, trary to the values and principles that tion of the CFAA. It would cover all yet under-appreciated, services pro- society holds dear. That has not Scomputers Involved in interstate com- vided by the Committee to Democratic changed and will not change. merce, not just "Federal interest com- Senators. In crafting this legislation we have puters," as the current law does. This I'Ulm.IcIA'IONS been mindful of the need to balance is appropriate because of the interstate clear punishment for destructive con- nature of computer networks. Amer- Since 1989. Senators and their staffs duct with the need to encourage legiti- ican society is increasingly dependent have come to rely on a number of pub- mate experimentation and the free on computer networks that span State lications crucial to the efficient oper- flow of information. As several wit- and national boundaries. The potential ation of Senate offices. The Daily Re- nesses testified in the subcommittee's for abuse of computer networks knows port and the scheduling information it hearings, the open exchange of infor- no boundaries. The act addresses this contains is on the desk of each and mation is crucial to scientific develop- threat by expanding the jurisdiction of every Democratic Senator and their ment and the growth of new industries. the CFAA to the full extent of the pow- staff before the doors are unlocked in We cannot unduly inhibit that inquisi- ers of Congress under the Commerce the morning. If it wasn't for the publi- tive 13-year-old who, if left to experi- clause of the U.S. Constitution, article cations staff remaining until the final ment today, may tomorrow, develop I, section 8. moments of each day's session, it the telecommunications or computer I want to thank Senators BROWN and would be impossible to ensure the accu- technology to lead the United States KOHL for working with me on this leg- racy and dependability of this impor- into the 21st century. He or she rep- islation. Enactment of this sound and tant publication. resents our future and our best hope to balanced legislation would help ensure Other publications prepared by the remain a technologically competitive that our laws keep pace with new DPC staff have reached levels of equal Nation. forms of computer abuse.* importance. Legislative bulletins, ana- Mr. President, this amendment clari- THEDEMOCRATIC POLICY COMMITH'I. lyzing the important Issues in major fies the intent standards, the actions Mr. DASCHLE. Mr. President, as we bills under floor consideration and the prohibited and the jurisdiction of the enter the final hours of the 102d Con- amendments that can be expected, are current Computer Fraud and Abuse Act gress, I rise to express my appreciation written in detail by experienced Policy [CFAA], 18 U.S.C. 1030. Under the cur- for the assistance the DPC staff has Committee staff. Special Reports, with rent statute, prosecution of computer provided during this Congress. more detailed and thematic informa- abuse crimes must be predicated upon The majority leader, the Democratic tion on current issues, have been pre- the violator's gaining "unauthorized leadership, and the entire Democratic pared regularly on topics crucial to access" to the affected "Federal inter- Caucus have been well served by the Senate Democrats. Pocket cards high- est computers." However, computer staff of the Policy Committee. Whether lighting the major provisions of impor- abusers have developed an arsenal of through coordination of legislative ini- tant bills acted on by the Senate and new techniques which result in the rep- tiatives, publications, voting record in- Issue Alerts providing Senators and lication and transmission of destruc- formation, channel 18. or communica- their staff with timely information on tive programs or codes that inflict tion assistance, this staff has consist- issues of importance to the Democratic damage upon remote computers to ently and diligently provided quality leadership are the two other documents which the violator never gained access services to Members and staff. For the that round out our array of publica- in the commonly understood sense of 4 years I have served as the cochairman tions. that term. The new subsection of the of the Democratic Policy Committee, I I particularly want to commend Mar- CFAA created by this bill places the have had the privilege of being associ- guerite Beck-Rex, the Policy Commit- focus on harmful intent and resultant ated with one of the finest staffs in the tee's editor. Marguerite makes certain harm, rather than on the technical Senate. Many of these people are truly each DPC publication is coherent, concept of computer access. the staff behind the scenes, providing timely, and responsive to the individ- The amendment makes it a felony in- the Senate with invaluable assistance ual needs of my colleagues and their tentionally to cause harm to a com- through the many services provided by staffs. Given the Senate's schedule and puter or the information stored in it by the DPC, without the personal recogni- the unpredictable nature of the legisla- transmitting a computer program or tion of most Senators or their staffs. tive process, ensuring that DPC's pub- code-including destructive computer First, I want to extend my apprecia- lications meet the objectives we set viruses-without the knowledge and tion to Monica Healy. Joining the staff forth to implement over 3V years ago authorization of the person responsible in March 1991, Monica has served as is no easy task. The tenacious manner for the computer attacked. This is staff director during the period of time with which Marguerite has overseen broader than existing law, which pro- the DPC has had as a priority the co- this process is the main reason why hibits "intentionally access[ing] a Fed- ordination and publication of Demo- DPC's publications eral interest computer without author- cratic initiatives and programs. The have the best of ization," if that causes damage. 102d Congress saw a much sharper focus reputations and are consistently in de- mand. This legislation recognizes that some on the issues of importance to Senate computer Incidents are not malicious- Democrats, such as the economy, edu- Meeting these objectives wouldn't be or even intentional-and they are cation and health care. Monica's role possible without the able and profes- treated differently. The amendment in helping to provide this attention is sional assistance of three production creates a parallel misdemeanor for appreciated. assistants. Lynn Terpstra was a part of knowingly transmitting a computer I also want to thank Greg Billings, the publication process from the first program with reckless disregard of a the DPC's deputy staff director and a day, bringing a wealth of experience substantial and unjustifiable risk that longtime member of my staff. He has from her 15 years of DPC service. Vic- the transmission will cause harm. The served as my liaison to the Democratic toria Thomas and Loren Burke round standard for recklessness is taken from Policy Committee for the past 4 years out a three-person production team, all the Model Penal Code. This provision and has overseen the transition of the of whom approach each task with en- will give prosecutors and juries greater DPC services. I appreciate the time and thusiasm and professionalism as if it flexibility to get convictions for de- effort he has expended to ensure that were the first. I am aware of their com- structive conduct. all DPC services provide quality infor- mitment to work the extra hours and The amendment creates a new, civil mation and that the DPC's weekly 1ate evenings to see that information is remedy for those harmed by violations luncheon meetings are informational provided in a timely and accurate man- of the CFAA. This would boost the de- and useful to Democratic Senators, inr to Senators and their staffs. I offer terrence of the statute by allowing ag- The staff of the Policy Committee in ny appreciation to them for this dedi- grieved individuals to obtain relief. the Hart Building has undertaken to ccation. October 8,1992 ONGRESSIONAL RECORD-SENATE 34213 VOTINORECORD INFOIRMATION the two staff people who recently pro. Swill remain a top priority in the com- As chief clerk, Marian Bertram is th(l ceded Iisa and Jeff. Juliana Blome and Sing Congress. cornerstone of much of the history al t Molly Donovan provided Senators and I also want to express my apprecla- the DPC. In addition to attending tc Sstaff with reliable and consistent legis- tion to David Corbin, the DPC's re- all of her duties as clerk, Marian alseSlative and scheduling information ovel Ssearcher and author of a number of serves to ensure the reliability of the Sthe many hours they served as channel Policy Committee special reports per- committee's voting record informatior 1 18 operators. Losing Juliana to the taining to the economy and other is- which is provided to Democratic Sen -staff of Policy Committee Senator Ssues of concern to Democratic Senators ators and their staffs. Joining the DPC FRANK LAUTENUERO and Molly to an and their staffs. He has demonstrated a in 1971, Marian holds the record as the outside computer service left a void consistent approach In Ills efforts to staff person with the longest employ. I'm certain Lisa and Jeff will work dili- prepare useful and timely information ment, spanning the chairmanships ol gently to fill. for our colleagues and has on more Senators Mike Mansfield, ROBsET C, IIeMrSIC IssUes than one occasion demonstrated that BYRD, and now GEOHGI MITCHELL. She Over the past 4 years, the DPC has his background as an author has served makes certain the highest standard of provided Democratic Senators and him well In preparing DPC publica- accuracy is followed in both the voting their staffs with timely, accurate, and tions. record information and the DPC oper- detailed analysis of the issues consid- Two new additions to the DPC staff ations. ered in the Senate. Meeting this objec- include Tony Morgan and Russell Doug Connolly has as his primary re- tive over the past few years would not Dunn. As staff economist, Tony brings sponsibility the overall distribution of have been possible without the com- a wealth of business background to tile voting record information. Senators mitment and dedication of many qual- committee's service to Democratic and their staffs have seen a number of ity and professional staff. Senators. Russell joins the DPO staff new voting record products, all of Joining the DPC staff in his first job from the majority leader's office, which were prepared and coordinated in the Senate, Paul Carliner primarily bringing with him the experience In- by Doug and the voting record staff. In- monitors energy and environmental is- herent in working in that office. dividualized voting record reports on sues, providing both the majority lead- The review of any professional orga- major legislation and personalized vot- er and the DPC with comprehensive, nization would be incomplete without ing record books are two new, special- accurate, and timely information in acknowledgment and the dedication ized voting record products developed these two important areas. The quality and professionalism the support staff by the voting record staff under Doug's service he provided during consider- brings to the effort. Kelly Paisley has direction. In addition, many offices ation of the energy bill is appreciated. served as the staff director's assistant rely on DPC Online, a product he devel- Special reports and issue alerts on and the office manager of this facet of oped to make access to the Senate's health care have been the primary re- the organization. She ensures the effi- mainframe computer more user friend- sponsibility of Mary Ann Hill. DPC ciency of the operation by coordinating ly. health care publications have been con- the efforts of two staff assistants, Colleen Brady Stephenson and Celia sistent in quality and information. Vonzell Brown and Julio Cote. Along Maloney work with Marian and Doug Mary Ann's steady performance in cov- with Jeff Hecker. tie systems adminis- to make certain all of the DPC'svoting ering health care, along with a number trator for the computer systems at the record information and attendance of other issues including judiciary and DPC and Senator MITCHELL'Soffice, data is accurate, timely, and useful to campaign finance reform, has been an this four person team oversees the the Democratic Senators for whom the important asset to the DPC. smooth operation of the office, tile DPC serves. Also, Clare Amoruso has Chris Moseley originally joined the computer systems, and tie Job Bank worked diligently to ensure that DPC's DPC staff as an intern and soon moved Referral Service, a resume clearing- computer services act as an efficient to a permanent policy analyst staff po- house for Democratic offices. and timely conduit for this informa- sition, monitoring economic, appro- I also want to express my apprecia- tion. Calls to this five person staff are priation. and education issues. Chris tion for the services provided by Andy guaranteed to be handled with profes- often was pressed into service to cover Phillips and his successor, Mike Mor- sionalism and accuracy, providing Sen- issues with which he wasn't familiar gen. They, too, provide backup assist- ators and their staff with one of the and did not have immediate expertise. ance to ensure the DPC'sefficient oper- most important DPC services. For He took them on without complaint be- ation. that, I express my deepest apprecia- cause he wanted to see the standards of As we end this session of Congress, I tion. the DPC publication process main- want to acknowledge the contribution CHANNEL18 tained. Whether taking on these new made by five staff people who left the In January 1990, channel 18 became responsibilities or tending to those to DPC staff during this Congress, an integral component of DPC services. which he was assigned, Chris ap- Brenda Corbin Sargeant completed It provides Senators and staffs with the proached all of his assignments with over 10years of service to this commit- most up-to-date information possible professionalism. For that, I am appre- tee in January of this year. Brenda on the floor schedule and pending legis- ciative. began her career writing and analyzing lative information. Over the 3 years Kris Balderston, who joined the staff voting records, and later writing legis- since its inception, Senate Democrats earlier this year, brought to the DPC a lative bulletins on issues scheduled for and their staffs have been served by a strong background in State and local floor action. Tile last year of her expe- reliable and professional staff whose government. He has provided experi- rience at tile DPC saw her totally mission is to distribute quality and enced staffing expertise to an urban af- emerse herself in the complexities of timely legislative and scheduling infor- fairs task force formed earlier this year health care, authoring one of the most mation each and every minute the Sen- by the majority leader and served as popular DPC publications ever pro- ate is in session. the DPC liaison to another leadership duced, a comparison of health care pro- Lisa Plante and Jeff Pray recently effort on defense conversion. grams in Canada, Germany, Japan, and joined the DPC staff as the channel 18 Health care is an issue primarily the United States. operators. In the short time they have under the responsibility of Michael I also want to express my apprecia- been directing this facet of DPC serv- Werner. In order to ensure that health Lion for the experience Ken Jarboe ices, they have demonstrated the tal- care remains a top priority of Senate brought to the DPC. Joining the com- ents necessary to ensure the continuity Democrats, Michael has worked dili- mittee after having served on the staff of channel 18's quality information. gently to assist in coordinating the of Policy Committee Vice Chairman It isn't possible to mention channel legislative efforts of Senate Democrats Jeff Bingaman and the Government Af- 18 without offering my appreciation to in the health care area, an issue that fairs Committee, Ken assumed the re- 34214 CONGRESSIONAL RECORD-SENATE October8, 1992 sponsibility of making certain Sen- Sfilled this role in an exemplary manner Sand making certain all Democratic ators and their staffs were well-in- Sin the short time she has been a mem- Senators and their staffs are cognizant formed on trade, economic, and tech- b er of this staff. of the leadership's position on timely nology-related issues. Many of the I also want to express my apprecia- issues. Working in highly charged envi- Democratic legislative priorities in the tion to Wendy Deker, an experienced Sronment with many conflicting de- technology area he monitored during staff assistant who recently retired mands, Diane brings a balance of com- his service at the DPC came to fruition from the DPC after nearly 10 years of munications and legislative back- through the Democratic Initiatives service. Wendy was responsible for the ground to this very important position. passed in the last days of this Con- organization of the foreign policy of- Mary Helen Fuller and Jim Manley as- gress. fice and for the details of many of the sist her in making certain the best pos- Charlotte Hayes brought a mixture of foreign oversight trips undertaken on sible information is provided to our legislative and communications experi- the part of the leadership. Over her colleagues. ence to the issues for which she was re- many years of service at the DPC, Garth Neuffer recently joined the sponsible. Quality and detailed infor- many Senators and their staffs bene- DPC as senior media adviser. He has mation on education, labor, and wom- fited from her experience and profes- had as his primary responsibility the ens' issues were guaranteed to be pre- sionalism. I offer her my best as she be- long range planning and development sented in any effort Charlotte under- gins her retirement. of issues of primary importance to took. The addition of Charlotte to Sen- Another longtime staff person who Democratic Senators. Working in co- ator GORE'S staff truely was a loss to left during this Congress was Scott ordination with the legislative sched- the DPC. Harris, the DPC staff liaison to the ule and other leadership priorities, Heather Hart left the DPC staff after Armed Services Committee. Scott's Garth, along with Trish Morels and a year of service to become a staff as- many years of legislative experience in Amy Pressman, two new staff additions sistant on the Energy Committee. military issues brought a wealth of ex- to the communications effort, has Serving as an assistant to the deputy perience to the DPC's informational ef- played a valuable role in developing staff director, Heather demonstrated a fort. I offer my thanks to him for his our use of new and innovative commu- level of professionalism and com- many years of service to the DPC and nication devices for long-range plan- petence far beyond her level of prac- all Democratic Senators. ning on our key issues. tical experience. Her contribution to FLoon STAFF I also want to commend the excellent the efficient operation of this DPC of- There is not a Senator on either side service provided to Democratic Sen- fice was appreciated. of the aisle who has not been touched ators by the DPC's broadcast services Finally, I want to express my appre- by the able and professional assistance staff. Under the experienced direction ciation to Wanda Bailey, who served as of the DPC's floor staff. Under the di- of Kevin McManus, this entire staff a staff assistant for nearly 2 years. Her rection of Charles Kinney, chief floor provide Senators and their staff with cheerful personality left many visitors counsel to the DPC, and with the able professional and timely television to the DPC with a positive impression. assistance of the Assistant Secretary broadcast services. Along with Chris- I know she will carry these attributes for the Majority, Marty Paone, and tine Deckel, Clare Flood, Kevin throughout her career and her post floor assistants Lula Davis and Art Kelleher, and Mark Marchione, this graduate studies at Harvard. Cameron, the thousands of daily de- team upholds the Policy Committee's of professional FOREIQNPOLICY ISSUES tails are coordinated to guarantee the exemplary standards service to assist Senators with their Foreign policy issues at the Demo- smooth operation of the Senate. communication needs. To them, I ex- cratic Policy Committee have been de- Nancy lacomini and Brad Austin, tend my appreciation. veloped under the expertise of three staff assistants in DPC's Capitol office, principle staff people, Sarah Sewall, Ed are the important link between the King,and Brett O'Brien.Sarah, a mem- floor staff and all other facets of the THE 10TH ANNIVERSARY OF THE ber of Senator MITCHELL'S personal DPC staff and the offices of other DEATH OF KORCZAK ZIOLKOWSKI staff before joining the DPC in 1989, has Democratic Senators. Until he recently Mr. DASCHLE. Mr. President, when assisted the committee's effort to left the DPC staff for medical school, we speak of beauty, we often divide it make certain all Democratic Senators Pierre Golpira was a valued member of into two categories, that which is cre- and their staffs arc well informed of this office. I offer my appreciation to ated by nature, and that which is cre- the latest developments in the former Nancy, Brad, and Pierre, not only for ated by the hand of man. Many times, Soviet Union and Eastern Europe, her their efforts to coordinate the informa- however, some of the most remarkable primary responsibilities. tion flow within the DPC, but for their creations involve a synthesis of the ac- Developments in China have been diligence in attending to the details of tions of man and nature. considered in great detail by the Sen- the Policy Committee's weekly lunch- Two such examples of this synthesis ate. Ed King has filled an important eon meetings. These luncheons are are Mount Rushmore and Stone Moun- role in making certain developments in among the most successful of our tain, which are carved out of living both China and Central America are projects, and I know that wouldn't be stone of our Nation's mountains. All monitored and adequately explained in possible without the attention they who view these monuments experience a timely fashion to our colleagues. I have provided to them. a profound appreciation for the history express my appreciation for the assist- COMMUNICATIONS of our country and our cultural herit- ance he has provided in this area. Finally, Mr. President, I want to rec- age. The newest addition to the Policy ognize the role of the DPC's commu- Today, as a result of the determina- Committee's senior staff is Brett nications process. Notwithstanding tion of a visionary sculptor, the face of O'Brien.Originally joining the DPC to competing demands, uncertain schedul- another such monument is gradually write foreign policy and defense publi- ing, and an unpredictable floor agenda, taking shape in the Black Hills of cations, Brett has assumed the role of the communications staff has made South Dakota. Nearly 40 years ago, Armed Services Committee staff per- certain that the Democratic Senate Korczak Ziolkowski began to act on his son for Senator MITCHELL and the Pol- agenda receives the full attention of dream to commemorate the great icy Committee and has provided qual- the media and the American public for Sioux leader Crazy Horse by carving a ity military issue information to our our legislative accomplishments. monument to him in the scared moun- colleagues. In addition to serving as the major- tains of the Black Hills. When it is Leah Titerence is the newest addi- ity leader's press secretary, Diane completed, it will stand as an awe-in- tion to the DPC's foreign policy staff. Dewhirst, the DPC's Director of Com- spiring testament to the central role She joined the DPC to write foreign munication, plays an integral role in played by the Native American in Unit- policy and defense publications and has developing this communication agenda ed States history. October 8,1992 CCONGRESSIONAL RECORD-SENATE 34215 Sadly, as is often the case with Ingness and ability to feed the world's pouring of accolades and tributes he so projects of massive scale, the person hungry people, should not be forced out richly deserves, responsible for its genesis will never of business by an unjust U.S. farm pol- In every endeavor undertaken, as the see its completion. Mr. Ziolkowski died icy. founder and chief executive officer of on October 20, 1982 at the age of 74. Mr. President, I share those prin- three very successful businesses; as after having dedicated decades of his ciples and support this effort to bring owner of the NBA Portland Trail Blaz- life to the realization of his goal. humanitarian relief to Iraqi children, ers: as president, CEO, chairman, and Today, nearly 10 years later, the task who bear no responsibility for the bru- chairman emeritus of the American Is- of completing the monument is being tal circumstances to which they have rael Public Affairs Committee carried out by Mr. Ziolkowski's won- been subjected. [AIPACI; as Democratic National Com- derful wife, Ruth, and their children. mitteeman; as chairman, director and As we near the 10th anniversary of trustee of numerous charitable organi- IN HONOR OF FALLEN this great man's death, I would like to zations and foundations, Larry FIREFIGHTEIRS take this opportunity to recognize his Weinberg's dedication, diligence, and contribution to the preservation of our Mr. RIEGLE. Mr. President, this energy have yielded a distinguished Nation's heritage. It takes a true vi- Sunday is the llth Annual National and diverse record of achievement and sionary to look into the future and Fallen Firefighters' Memorial Service service to nation and community, conceive of a creation that will offer and Americans will gather to honor Lawrence Weinberg can be particu- future generations of Americans a firefighters who died in the line of larly proud of the dedication and good clearer window into their nation's past. duty. It is right and important that we works le has devoted toward maintain- recognize the sacrifice that these citi- ing a strong, secure and democratic Is- zens made in protecting their commu- rael and preserving the special bonds of FARMERS AID IRAQI CHILDREN nities. We all join in the sense of loss the United States-Israel relationship. Mr. DASCHLE. Mr. President, I we feel in the passing of these brave As a decorated infantryman during speak today to support the humani- public servants. World War II, Larry Weinberg partici- tarian effort of farmers across the Three Michigan citizens died last pated in the liberation of the Nazi country who are working to send milk year while fighting fires: Donald J. death camps and witnessed firsthand powder to disadvantaged children in Daughenbaugh of Romulus, and Joseph the horrible aftermath of tihe Holo- Iraq. Kail and Charles Love, both of South caust. As a young man, confronted by This project is supported by a non- Boardman. I would like to extend my the unspeakable and unimaginable partisan organization known as the sympathy to the family and friends of specter of death, cruelty and suffering, Committee to Save the Children in these men; they, too, have had to make he made a solemn promise that he, as Iraq, founded in May 1991. The commit- sacrifices for the good of their commu- one individual, would make it his mis- tee is comprised of volunteers who co- nities while they are grieving, they can sion to ensure that a repetition of this ordinate the entire effort, arranging also be proud of their loved ones' self- genocide would never happen again. His transportation and overseeing the de- less commitment to the public good. actions from that day through the livery of the milk powder. Although I As we pay our respects to our lost present have fulfilled that promise to am not very familiar with the Commit- firefighters, I believe that we should the benefit of all people of goodwill. tee to Save the Children in Iraq and do renew our commitment to tie fire- Those of us fortunate to know Larry not support all of its policy goals, I be- fighters who continue to put their lives admire the courage of his convictions came aware of the milk lift project on the line. Although fire departments and the resonance of this character. when dairy farmers in my State ad- are governed and financed at the local Mr. President, a great American vised me of their involvement in it, and level, the Federal Government plays a statesman once said, "One man with I am proud of these farmers'efforts. role in a variety of areas including set- courage makes a majority," Lawrence I would like to relay some history ting safety standards and require- Weinberg's good works and commit- about the milk lift to Iraqi children. ments. We have an obligation to do ment to service are a testament to the The effort to send milk powder to Iraq what it can to help minimize the risks difference that one individual can on October 1, 1991, when 20 farmers that firefighters face. make, the impact that one voice can from 8 States, including South Dakota, I am a member of the congressional have in bringing people together and developed a plan to help children in fire services caucus and I commend the effecting positive change. There is a Iraq who are being denied proper nutri- work the caucus is doing to raise the *Yiddishll word, "mensch", which per- tion. This was conceived at a time profile of fire issues here in Congress. I fectly describes Larry Weinberg and when some dairy farmers across the look forward to continuing to work conveys the esteem, affection and re- country were considering dumping next year on issues that will improve spect felt for him by his friends better milk on the ground to protest low farm fire safety in this country and help pro- than the lengthiest testimonials. Law- prices. Since then, they have sent four tect our firefighters. rence Weinberg Is truly an extraor- shipments from the United States dinary man. amounting to over 9,750 pounds of non- fat dry milk, which would equal about TRIBUTE TO LAWRENCE 50,000 quarts of fluid milk for Iraqi WEINBERG THE ENERGY POLICY ACT OF 1992 children. Over 100 farmers in 16 states Mr. AKAKA. Mr. President, It is with Mr. DOMENICI. Mr. President, our are now active in the project. great pleasure that I rise to recognize Nation's standard of living and quality These hope to convey two key prin- the exceptional achievements and com- of life is in great part a function of our ciples to the public. The first is that munity involvement of an outstanding energy policies. Energy affects every food should never be used as a weapon American and friend. Lawrence aspect of our economy-from industrial against innocent children. "The State Weinberg. production to ensuring a reliable en- of the World's Children 1992," a recent Lawrence Weinberg was honored this ergy supply to support service Indus- report by UNICEF, states that 250,000 past Sunday evening at AIPAC's Los tries-energy is a critical factor in de- children die every week from starva- Angeles Community Dinner for his on- termining our economic prosperity. tion and disease. The report also says going commitment to community serv- Here In the United States, we are de- that children in Iraq are paying the ice and political activism, I can think veloping a new concept of energy-one heaviest price for the gulf war. The sec- of no individual more deserving of this that stresses the necessity of clean ond principle is that independent farm- special recognition, yet I am certain fuels, conservation, mass transpor- ers in the United States, who have that Larry, in his unassuming manner, tation, and an emphasis on renewable shown throughout history their will- must be slightly unsettled by the out- energy resources, This legislation con- 34216 CONGRESSIONAL RECORD-SENATE October 8,1992 tains strong provisions aimed at ad- sumption of domestically mined ura- Fellow Program that brings scientists dressing our energy needs through effi- nium. and engineers into the legislative proc- ciency and conservation. It calls for I commend the conference for adopt- ess. more efficient use of energy through- ing the mill tailings remedial action Of equal importance are those provi- out our economy, including improve- plan. At long last, the Congress is rec- sions in this conference report dealing ments in the industrial sectors, in- ognizing the Nation's responsibility for with the domestic production of oil and creasing energy efficiency in the Fed- the cost of decomissioning and stabiliz- gas, particularly changes to the way in eral Government, and encouraging ing these mill tailings sites that came which oil and gas production is taxed. more efficient use of energy by utili- into existence under Federal contracts, I represent one of the big oil and gas ties. yet have been left with private busi- production States. While rigs sit idle in My colleagues know that I strongly nesses and local communities to man- my State, and while wells are shut in supported both the National Energy age. all over the Nation, we are importing Strategy proposed by President Bush In this post cold war era, action on almost half the oil we consume on a and the original National Energy Secu- this restructuring language is very gross basis. That represents an in- rity Act as reported from the Energy timely and is very much needed. The crease by almost one-half over our de- and Natural Resources Committee. newly created Uranium Enrichment pendence in 1985. Both represented a balanced and Corp. will play a central role in turning The tax title contains some of the thoughtful approach to our need for a the weapons of the cold war into plow- most important energy provisions for national energy policy. Unfortunately, shares of nuclear energy fuel. I also be- Independent producers. Right now, not all the provisions included in those lieve the corporation will play an im- they are being taxed out of existence two early energy proposals have sur- portant role in maintaining order in by the alternative minimum tax vived the legislative process. However, the world enrichment market as the [AMT]. this legislation remains one of the transformed highly enriched uranium Independent producers have been most important pieces of legislation to enters the marketplace. stuck in the AMT since it was enacted come before this Congress. The conference committee reached in 1986. Under the AMT there are four It is impossible to speak in appro- an equitable solution to funding the de- big penalties imposed upon invest- priate detail to the broad range of pro- contamination and decommissioning ments made by U.S.-based taxpayers visions included in this bill. I would, program for the UEE facilities. There who explore for, and produce U.S. oil however, like to draw particular atten- were many during the course of debate and gas reserves. These penalties hit tion to two areas which have special who would have foisted the govern- the independent oil and gas producers importance to me. ment's responsibility onto nuclear en- who drill 85 percent of all domestic As one of the original advocates for ergy ratepayers, heaping additional, wells. There are two tax penalties on ensuring that America has a viable, do- and artifical, costs on nuclear energy drilling investments and two penalties mestic source of uranium and uranium generated electricity. on asset depletion. Without the inde- enriched fuel, I am very pleased that This bill also finally concludes the pendent oil and gas producers' explo- we are about to enact legislation to fa- debate on what is the acceptable ac- ration and development activities, the cilitate the cleanup of mill tailings counting principle under the 161 v. pro- options for an energy strategy would sites and to ensure the continued sup- visions in the Atomic Energy Act. be greatly limited. The President rec- ply of uranium and competitively Again there were many who through ognized this, and fully supports AMT priced enriched uranium through an ef- accounting gimmickry were plotting relief for independent oil and gas pro- fectively restructured uranium enrich- various taxing schemes to amass funds ducers. ment enterprise [UEE]. I stated in from utilities and their ratepayers, and This bill also contains important re- April of 1986during one of the first con- drive up the cost of nuclear energy. I forms of the Public Utilities Holding gressional hearings on this issue, that want to add as a postmortem on this so Company Act [PUHCA]that will enable a restructured UEE is essential for the called unrecovered cost issue that independent power producers [IPP's]to good of the nuclear energy industry, when I first introduced my comprehen- meet a significant share of our coun- which supplies over 20 percent of the sive uranium bill in 1985, I calculated try's future power needs, I anticipate Nation's electricity, for our energy that their was a shortfall in revenues that these IPP's will, in many cases, independence, for our environmental over expenses. Accordingly, my pro- utilize energy efficient, abundant, and concerns, and for our economy. I be- posal would have required the payment clean burning, natural gas. lieve this is true now more than ever. of $350 million into the Treasury. How- To the many New Mexicans involved While I am gratified that we are fi- ever, since 1986, the UEE has returned in the production of natural gas, this nally acting on this important energy to the Treasury more than $600 million bill, in conjunction with the recent rul- legislation. I must remind my congres- in excess revenues over appropriations. ings by the Federal Energy Regulatory sional colleagues that the long delay in This bill rightly dismisses the unre- Commission [FERC], sets the basis for getting to final action on the com- covered costs issues and returns to the a stable and reliable domestic natural prehensive uranium legislation has not corporation the unexpended appropria- gas market. I anticipate that the been without some consequences. At tions and accounts that have been groundwork has been established for a one time, the United States led the earned through appropriations. period of growth and prosperity in the world in uranium production, and my While I am on this topic, I wish to natural gas industry. State of New Mexico was the world recognize the efforts of those who have I am very pleased to have worked capitol in uranium mining. Today, worked so hard for so long on this re- with my colleagues, in particular however, there are few remaining ura- structuring legislation, particularly Chairman JOHNSTON and the ranking nium mining operations in the United the staff of the Senate Energy and Nat- member of the Energy and Natural Re- States, with enormous uranium re- ural Resources Committee. I also want sources Committee, MALCOLM WALLOP serves, producing only a small portion to thank two AAAS congressional fel- as this legislation has developed. It has of our domestic needs. Had we paid bet- lows, Paul Gilman and K.P. Lau, who been a long, and at times, frustrating ter attention to the policy consider- first worked with me on this issue 8 process. However, today our efforts ations of all elements of the nuclear years ago and are responsible for put- have culminated in a bill of which we fuel cycle, which I attempted to do in ting together the framework for this can all be proud. legislation I introduced in April of 1985, comprehensive uranium bill, which is I believe we would be more energy embodied in H.R. 776. They have since independent today. I am pleased the left my staff, but I thank and com- TRIBUTE TO BILL KNAPP conference has also retained the over- pliment them, and I applaud AAAS and Mr. DURENBERGER. Mr. President, feeding program to enourage the con- IEEE for supporting the Congressional I rise today to pay tribute to someone October 8, 1992 CONGRESSIONAL RECORD-SENATE 34217 who has been an inspiration to me and er'sinnovative way of bringing history State. In addition, TIM WIRTHhas been to many Minnesotans. Bill Knapp had alive through historical re-creations a long-time advocate for improving our been a public servant in the small town and interactive media. educational system. of Menagha, MN, for many years. Dur- Roger also brought us a new kind of As a member of the Senate Energy ing that time he served on the city history than had previously been the and Natural Resources Committee and council, but like so many of the people staple of American museums. Under hie chairman of the Subcommittee on En- I admire, BILL did more than make up guidance, exhibits at the museum ex- ergy Regulation and Conservation, a quorum in the council chambers. amined the internment of Japanese- Senator WIRTHhas gained a reputation Anyone from Menagha can tell you Americans during World War II and ex- as a leader on our environment. I was that Bill had been a vital part of the plored the subjugation of African with TIM WIRTH at the Rio Summit community. As city administrator Americans. Roger Kennedy knows that earlier this year, and my respect for Char West put it, "Bill was involved in the fabric of American history will be him only grew. He has sent us all a everything. If you needed him to do threadbare unless everyone's story is wakeup call about the greenhouse ef- something he would do it." That's why woven into it. fect, stressing the need for significant he would don his Santa Claus suit each Roger's career before coming to the policy and legislative changes. holiday season for Menagha's school museum certainly shows his qualifica- His list of accomplishments in the children. And that's why he took the tions. He has been a trial attorney, a environmental arena is impressive. In time to drive meals to house-bound Special Assistant to the U.S. Attorney addition to his efforts to combat global seniors. He was honored for those ef- General, a foreign correspondent, a warming, he has fought hard for fund- forts recently as Menagha's Senior Cit- producer and public affairs broadcaster ing to support research on alternative izen of the year. Bill was also active in with NBC. He has served under the Sec- energy sources; he was successful in the VFW, the local commerce organiza- retary of Labor and the Secretary of getting financing for high-altitude air tions and the Lions Club. Health, Education and Welfare. He has pollution research centers for the west- Bill had the stamina it takes to be been a banker and a vice president at ern slope; he lead the fight to amend there when you need a helping hand the University of Minnesota. Roger the Clean Air Act so that we could ben- and a warm smile. A few months before Kennedy has written seven books and efit from cleaner gas and cleaner cars; he died of cancer at age 71,he finished is working on another, He continues to he has fought to protect critical areas a 5K race at the Menagha Midsummers. write columns and opinion pieces for a of our Nation's wilderness. accompanied by a dozen of his children number of publications, and has ap- Senator WIRTHalso has a long record and grandchildren, running with him peared in 26programs on architecture. of supporting conventional arms con- In short, Mr. trol and nuclear weapons limits. As as a team. President, Roger Ken- chair of the independent task force on Mr. President, with people like Bill nedy has been around. Now 66,Roger defense spending, the economy, and the Knapp in their midst, communities will continue to write, and he plans to nation's security, he has been involved have the spirit to hold their own in host a 10-hour television series for the in analyzing the impact of declining tough times. Menagha, with its 1,076 Discovery Channel, "Roger Kennedy's defense spending on national and local souls is a strong community, with a Discovering America." He will remain economies, and developing ways to new city hall, a new addition to its as director emeritus of the museum. make sure that our Nation's industrial school, and a population stronger this Mr. President, Roger Kennedy is an base can prosper. year by 10percent. energetic and farsighted American. Senator WIRTHdoes not hide behind a Mr. President, Bill Knapp will be Through his work at the National Mu- cloak of safety, advocating only for fondly remembered by the people of seum of American History he has those changes for which there is wide- Menagha. I too will remember him, and helped transform our view of the past, spread public support. He's not afraid we will all miss him. and I know he will be an important to rock the boat when the boat needs American far into the future. to be rocked. TRIBUTE TO ROGER KENNEDY I respect TIMWrRTH. I have learned TRIBUTE TO SENATOR TIM WIRTH from TIM WIRTH.I count myself as Mr. DURENBERGER. Mr. President, privileged to have worked side by side I rise today to commemorate Roger Mr. LAUTENBERG. Mr. President, I with him. He is an effective advocate, Kennedy, a Minnesotan who has made rise with more than a little sadness to an outstanding role model, and a per- an important contribution to the ap- note the departure from these Cham- son of great integrity. But most of all, preciation of our Nation'spast. bers of my good friend and colleague, he is a warm and compassionate person When he became director of the Na- the senior Senator from Colorado, TIM who will be deeply missed in the Sen- tional Museum of American History 13 WIRTH. Senator WIRTH's retirement ate. Iwish him the very best. years ago, Roger sat out to transform from Congress follows an impressive that institution from a kind of marble- career as a member of Congress-first ized warehouse, if you will, into a place representing the Second District of HEALTH CARE REFORM where visitors of all ages would feel Colorado for 12years and, since 1987,as Mr. ROTH. Mr. President, the num- compelled to enter into a generational a Member of the Senate. ber one concern for millions of Ameri- conversation. During his tenure in Washington, cans is access to affordable quality By redefining the role of the mu- Senator WmTH has gained a well-de- health care. Many who have health in- seum, Roger made history accessible, served reputation as a strong leader on surance are afraid that they might lose not only for scholars and researchers, important issues facing the Nation. He it. Those without insurance fear major but for parents, grandparents and chil- has dedicated long hours to making medical expenses, and delay necessary dren. When asked recently by a re- this country a better place for our chil- preventive care such as check ups and porter to define his legacy, Roger re- dren. He is most deservedly renowned immunizations. Meanwhile, health care sponded, "I would defer to any 15-year- for his exemplary efforts to heighten becomes more expensive, the insurance old passing through this place as to awareness of, and create solutions to, industry discriminates against those what we've done." our country's serious environmental with certain medical conditions, and That sentiment is typical of Roger, dilemmas. small businesses and the self-employed and, I believe, of many of the Minneso- But he has also been an effective ad- find it next to impossible to find af- tans I have come to know during my vocate for promoting efforts to im- fordable coverage. Despite the fact that years in the Senate. It is a kind of prove our Nation's fiscal picture, as we spend more on health care than any practicality inspired by the need to dis- well as promoting efforts to improve other nation, we rate below many cover, simply, a better way of doing economic development, infrastructure other developed nations in terms of the things. We take for granted today Rog- and transportation projects in his health of our people. 34218 CONGRESSIONAL RECORD-SENATE October 8,1992 We as a nation will spend more than 1997 from $14.6 billion to more than $29 Government could fundamentally re- $800 billion this year on health care, billion, according to the Office of Man- form health insurance in this country, yet the number of uninsured individ- agement and Budget. Just recently, the eventually eliminating the access prob- uals continues to grow. According to Office of Personnel Management an- lems we now have. My proposal would the Congressional Budget Office, the nounced that the average 1993 premium drive down the high rate of increase for number of uninsured is 33.1 million in- paid by active nonpostal employees and those currently enrolled in the Federal dividuals. The Nation is nearing a state retirees will increase by 9 percent. employee program through the use of of crisis, and reform is direly needed. While some attempts to manage care, managed care and injecting more com- As this Congress approaches the end of such as precertification before entering petition into the program. its legislative work, a lack of consen- the hospital and preferred provider net- The ultimate goal of this proposal is sus on Capitol Hill has prevented the works, have contributed to keeping the to contain costs and increase access approval of any form of sweeping rate of increase below the 37and 34 per- without mandates on business, price health care reform. Politics and par- cent increase experienced in 1988 and controls, or a nationalized system of tisanship of an election year have 1989, the rate of increase this year is medical care administered by a large placed health care reform in an even still unacceptable. In Delaware, two of Government bureaucracy. Any health deeper gridlock. However, this issue is the HMO's which serve Federal employ- care proposal advocating one of these too important to leave unaddressed. ees and retirees in the State increased three approaches is bound, in my opin- The fear of not being able to afford rates by 18 and 16 percent for self cov- ion, to fail. As the world's most pros- health care coverage is widespread and erage and 18 and 13 percent for family perous Nation, we have come to appre- Impacts virtually everyone. In Dela- coverage. Clearly, we cannot be com- ciate the benefits of the marketplace. ware, insurance premiums for a small placent at a time when health care is a And as the world's most prosperous Na- major expense in American households. tion, we should be able to see to it that business owner are as high as $1,200per In response to the announced rate in- all Americans have basic health insur- month. The number of uninsured in national creases, John Sturdivant, ance. Delaware which has a population of Federation president of the American Cost containment must be a key 666,000is over 90,000-and the vast ma- of Government Employees stated: jority are working families trying to component of any health care reform. Until the FEHBP Is completely overhauled to contain cost premium make ends meet. The number of unin- to take advantage of the combined purchas- In an effort sured Americans has grown to more ing power of over 9 million Americans en- increases, my proposal introduces a than 33 million. A high percentage of rolled in the Government's health care pro- level of competition that does not exist these individuals are employed in gram, premiums will continue to increase at in the present system. A global budget small business, but their employer sim- an unacceptable level and more and more or an arbitrary cap on spending on ply cannot afford to offer a health care Government workers will be forced to choose health care to control costs will result inferior plans with poor health care coverage in rationed care, long waiting periods, benefit. Affordable health care is criti- or drop out of the program entirely. cal to the well-being of our Nation's and remove the incentives currently I agree with these comments com- within our system which promote inno- people and the ability of our Nation to that the combined pur- compete internationally. pletely given vation and the best health care in the chasing power of 9 million enrollees world. Instead, the use of competition In an effort to address this critical a much bet- has the potential to yield to contain costs will yield efficiency challenge, I have been developing a ter deal for enrollees and the Govern- proposal to make health care more af- ment. and quality. Global budgets yield the budg- fordable to working Americans and My proposal retains the positive as- opposite. In other nations, global their families'providing access to mil- pects of the Federal employee plan ets have decimated a patient's ability lions of those who currently do not while introducing reforms to improve to receive prompt, adequate care.- My proposal also recognizes the fact have health insurance. On March 26, upon the program's deficiencies. 1992,I addressed the Senate and intro- Through the use of market based com- that the vast majority of the uninsured and their fami- duced my ideas to reform the health petition, we can succeed in bringing are working individuals care system. Today, I rise to provide the growth of this program under con- lies. Of these individuals and families, millions are employed by small busi- some more detail of my proposal, trol. Federal enrollees are very price which would hold down costs and pro- sensitive in choosing their health care ness. Unfortunately, small businesses vide greater access by introducing coverage, which means that basic mar- today face the greatest difficulties in managed competition into the Federal ket forces are already in place. My pro- obtaining affordable health care for Employee Health Benefits Program and posal will improve upon this competi- their employees. The insurance indus- permitting small businesses and self- tion among providers to keep costs try typically picks off the healthiest employed individuals to buy-in to the down. Until comprehensive managed small groups by wooing them with low high quality health care coverage cur- competition is introduced into the Fed- premiums, but leaves small groups as- rently available to all Federal employ- eral employee program, we will con- sessed as a risk with no coverage or the ees. tinue to be subject to premium in- option to enroll at a great expense. A This proposal will make available to creases three and four times the rate of small business can lose its insurance millions of Americans the same exact inflation. coverage in the middle of the year be- health care plan that is available to This two-part approach-reforming cause one employee or their dependent Members of Congress, Supreme Court the Federal employee plan by infusing has a heart problem or a bout of can- Justices, members of the President's more competition, and providing for a cer. One small business in Delaware Cabinet, and millions of Federal em- small business buy-in, will improve the told me that not one insurance com- ployees and retirees. While the Herit- health care coverage for those cur- pany was willing to take on their group age Foundation points to the Federal rently enrolled in the plan, and bring because two women had had breast employee plan as a model to promote affordable health care within reach of cancer. market based reform. I view the Fed- millions of uninsured. My proposal is In an effort to control costs while in- eral employee plan even further, as a significant because it can accomplish creasing access to affordable health practical plan to actually build upon. these goals without raising taxes, set- care, my proposal contains three fun- While the Federal employee program ting price controls, or establishing a damental reforms: first, the proposal currently provides a wide range of new government bureaucracy to be- makes managed care the primary com- choice for enrollees with a high level of come involved in the very personal ponent of the Federal Employee Health benefits, it must be recognized that the health decisions of tens-of-millions of Benefit Program; second, the proposal program is far from perfect. The total Americans. introduces greater competition into cost of the program will more than Using the purchasing power of the the Federal employee plan so that the double between fiscal years 1992and Federal employee program, the Federal Government can use its power as a October 8,1992 :ONGRESSIONAL RECORD-SENATE 34219 the Federal employee plan so that the care or fee-for-service plan. To encour- person pool provides a network for Government can use its power as a age greater participation in managed small business to buy-in, There is al- major purchaser of health care to drive care, the Federal contribution for the ready a huge market across the United down the costs of care for Federal en- plans offered in each locality would be States where the Federal employee rollees while maintaining high quality a percentage of the lowest risk ad- plan could begin to be a better pur- care and service; and third, the pro- justed premium of a managed care plan chaser of health care. It could be better posal incrementally opens the managed in each geographical area. In the case in quality, better in price. Managed care component of the Federal em- that a fee-for-service plan offers a plan competition will allow each market to ployee plan to small business and self- at a lower risk adjusted rate, then it yield the best results. employed individuals at the same pre- would set the standard. Expanding the pool of those in this mium rate for Federal enrollees. Managed care providers will in most plan through the buy-in will benefit It is my hope that interested parties cases be able to offer the most com- both Federal and private-sector enroll- will consider this proposal during the petitive rates because of their ability ees. The purchasing power of th11igrow- next several months, comment on it, to manage enrollee risk more effi- ing pool will continue to increase, The and help refine it. It is my intention to ciently. Overall, this proposal will help stronger, larger pool will maintain con- use this time to draft the proposal for to control costs by focusing its efforts tinued pressure for vigorous price com- introduction at the start of the 103d on managed care. Because managed petition between plans for the best Congress. care is primarily prepaid plans, there quality care. As the pool of insured In- As mentioned, cost and access are are great incentives on the provider to dividuals grows with the private sector the two areas where reform is needed manage risk. Carriers have strong fi- buy-in, the purchasing power of the the most in health care. This proposal nancial incentives to make sure that plans will be greater, benefiting all. addresses both of these concerns. patients are treated correctly the first At the same time, this proposal is Health care premium increases will be good for those with health insurance time in the most cost efficient manner. because it will help to reduce their hos- brought under control through the use Quality of care is central to the pro- pital bills. What many of managed competition and much posal. Managed care plans will focus people do not man- more on routine primary care. Many realize is that the insured are now pay- greater emphasis on the use of ing the cost of all the unpaid medical aged care. Less than 30percent of those Federal enrollees are in fee-for-service care for the uninsured. Hospitals will currently enrolled in the Federal em- which lack preventive care coverage. treat people who have no insurance or ployee plan are enrolled in managed The 33 million uninsured individuals cannot pay, and pass the cost on to care. The goal of this proposal is to have it even worse, since they have vir- paying patients. This is called cost provide enough incentives so that more tually no access to preventive treat- shifting, and it can inflate the bills of than 80 percent of all Federal partici- ments that could yield long-term im- paying patients by as much as 30 per- pants will be enrolled in managed care provements on health and lifespan. cent. The plan I am outlining today is plans. Since Federal enrollees are al- This is why insurers must be given in- unique-it is affordable, feasible, and it ready price sensitive, market competi- centives to make a long-term invest- is sensible. It will reduce the number of tion based on cost and quality will ment in the health care of their en- uninsured and ultimately work to favor those plans that are the most ef- rolled population. A visit to a physi- eliminate cost shifting. ficient. cian for an uninsured individual typi- In this time of crisis in our health Health plans within the system need cally means a long wait In a hospital's care system, the American expectation to be more uniform so that enrollees emergency room which translates to of what health care should be is being can choose their health care plans the most expensive care. By focusing questioned. Carriers should be given based on two factors-the quality and on primary care and prevention, man- long-term incentives to promote the price of the plan. Too often, enrollees aged care providers can keep costs health of those they insure, and pre- do not understand the differences in down by keeping people healthier in vention should be at the top of our what benefit coverage is offered. There- the long run. health care agenda. These carriers need fore, this proposal will require that The Office of Personnel Management to be given strong incentives to seek benefits be standardized. This is al- will continue to administer the pro- out the best providers-physicians and ready being done on a large scale. For gram under my proposal. I believe a hospitals-that deliver the best care example, the California public employ- plan sponsor is critical to protect en- for their patients, because when care is ee's retirement system, which covers rollees and capture the purchasing delivered well, in the long run, it saves 800,000public employees, retirees and power of this 9 million person pool. The money. And patients need to have ac- dependents, recently approved a stand- Federal Government must continue to cess to this type of care and to see it as ardized benefits package. act as a guide, insuring that plans an investment for themselves. Patients To assure that competition between meet quality standards and helping en- will need to rely on their primary care plans is on quality of care and effi- rollees make wise decisions by provid- physicians to make their health care ciency in the delivery of that care, pre- ing information about the plans all in decisions-this is managed care as Isee miums will be risk adjusted. The Office one place. Federal employees like the it with each health care player holding of Personnel Management will be choice-but they must be provided with a significant stake in keeping costs responsibile for risk adjusting pre- an educated basis to make their choice down and expanding access to all. miums on a prospective basis based on and standardizing benefits will help The managed care component of my demographic variables. Risk adjusted employees choose based on price andt proposal does not have a single form premiums involve the use of subsidies quality. Market forces work best when because it is a market based solution, and surcharges to the quoted premium there is complete information and con- and different market places have dif- offer to hold carriers harmless for en- sumers can understand the choices ferent needs. At a minimum, care must rollment risk. Price competition with- available to them. be well coordinated by primary physi- out risk adjustment will lead to car- Increased access for the uninsured is clans who guide patients through their riers attempting to cherry pick the provided through the buy-in. The Fed- treatment. Managed care helps ensure healthiest segments of the enrollment eral employee program is in every that there is minimum duplication of pool. Carriers should be rewarded based State, every city,and every small town services and unneeded medical services on efficient treatment and risk man- in America. Health care is a local phe- and costs are greatly reduced. Perhaps agement, not on their ability to en- nomenon, and for that reason, I am the greatest example of this is the courage only healthy individuals to en- building on the largest privately in- Mayo Clinic in Rochester, MN, which roll in their plan. sured pool of individuals who possess uses managed care principles to deliver Federal enrollees would retain the the strongest health care purchasing top quality health care at 20-percent choice to enroll in a local managed power in the Nation. This 9-million below the national average. 34220 CONGRESSIONAL RECORD-SENATE October 8, 1992 Mr. President, with more than 33 mil- tive and commitment to prostate can- knows what he thinks, and isn't afraid lion Americans without health insur- cer education and awareness. The to say it, and act on it, no matter who ance. reform is needed. We can take award will be presented during a cere- might disagree. He could be your friend steps to begin reforming our health mony being held at Memorlal-Sloan- or adversary without that entering the care system. I believe my proposal is a Kettering Cancer Center in New York debate or his view. That independence workable solution. I urge my col- City to commemorate the formation of and integrity is one reason why so leagues, Federal employees, small busi- the 100th US TOO group. many Senators look to him for guid- nesses, health care professionals, and The event will also feature the dis- ance and leadership. And why he's other interested parties to review this tribution of copies of a patient edu- proven to be such an influential mem- proposal. I look forward to any and all cation manual. "Helping Your Patient ber of this body. comments and refining the proposal in Overcome the Effects of Prostate Can- Mr. President, I didn't agree with the months ahead. cer: A Guide for Establishing Support WARREN RUDMAN on everything. But I Groups." Both a public service an- do have the utmost regard for his nouncement and booklet were devel- thoughts about issues. And I usually PROSTATE CANCER AWARENESS oped as the result of generous contribu- learn something by listening to his ar- AND EDUCATION tions from ICI Pharmaceuticals. In ad- guments. Mr. ROTH. Mr. President, in com- dition, ICI underwrites the administra- Most Americans probably associate memoration of National Prostate Can- tion of the support group program WAiRREN RUDMAN with his admirable cer Awareness Week, I would like to through an education grant to the and sincere commitment to reducing take a few moments to congratulate American Foundation of Urologic Dis- the deficit. And, clearly, he's made an the efforts of many individuals who ease. enormous contribution to the debate in have worked to heighten prostate can- ICI Pharmaceuticals Group is a busi- this area, both within the Congress and cer awareness and education. ness unit of ICI Americas, Inc., the around the country. I know we will be I rise today. Mr. President, to recog- U.S. subsidiary of U.K.-based Imperial hearing much more from him on this nize and applaud the formation of the Chemicals Industries, PLC. ICI Phar- vitally important problem, and I'm 100th US TOO support group establish- maceuticals Group, based in Wilming- hopeful he will be successful in con- ing a worldwide link of men who had ton, DE, has approximately 3,000 em- vincing more Americans about the se- prostate cancer, their families, and the ployees, including some 800 of whom verity of this matter. It won't be easy. medical community. The formation of are engaged in research, development But few people are better equipped to the 100th US TOO support group is a and quality assurance, and a sales force make the case. particularly momentous occasion as it of 1,000 representatives. Mr. President, beyond budget policy, will link the expertise of the medical ICI Pharmaceuticals holds a long- WARREN RUDMAN has made enormous community from two of the top cancer standing position of leadership in the contributions in several other vitally centers in the world. And, I am par- area of cancer research and support. important, but less visible areas. For ticularly pleased to see that many indi- They were one of the original sponsors example, he has been a strong advocate viduals in Delaware have contributed of National Breast Cancer Awareness for programs designed to provide legal to realizing the formation of the sup- Month, and they were recognized as services for the poor. He's resisted port group. model employers for promoting on-site strong opposition from within his own Having been treated successfully for breast cancer screening during a recent party on that matter, and he deserves prostate cancer I can attest to the suc- visit of the Vice President's wife enormous credit for this support for cessful outcome of early treatment and Marilyn Quayle. the rights of the disadvantaged to legal Intervention of the disease. In June, I I am pleased to join Senator DOLE representation. That support will be was diagnosed with prostate cancer, and other colleagues, ICI Pharma- greatly missed in the years ahead. which this year will affect an esti- ceuticals, and the American Founda- Mr. President, when I think of WAR- mated 400 men in Delaware, and 120,000 tion for Urologic Disease in doing all HEN RUDMAN,I also think of the debate nationwide. The National Cancer Insti- we can to raise public awareness in re- on a particular amendment to the tute says that, like breast cancer, be- gard to prostate cancer. This disease is crime bill earlier in this Congress. The cause the causes of prostate cancer are the leading cause of death in men over amendment would have expanded the unknown, prevention of the disease is the age of 45, and like breast cancer, good faith exception to the exclusion- not yet possible. However, when the can successfully be cured if diagnosed ary rule to apply not only to searches disease is detected early,as in my case, and treated early. where the police obtain a warrant, but treatment is usually successful. Efforts I commend and join the efforts of my to warrantless searches as well. To to increase awareness and treatment, colleagues, Senators DOLE, STEVENS, many senators, it was a rather esoteric and coping with the disease should be HELMS, CRANSTON,THURMOND, and oth- issue, little understood by the public. continued if we are to eradicate pros- ers, along with ICI Pharmaceuticals, And the easy thing to do would have tate cancer. the American Foundation of Urologic been to vote for the amendment, just In January 1991, US TOO and the Disease and the US TOO organization to appear tough on crime. American Foundation for Urologic Dis- for all their efforts on behalf of the But WARREN RUDMAN stood up and ease [AFUD]formed a relationship in American and world public to address made the case against the amendment. order to develop an international net- this vital health issue. He was articulate. His reasoning was work of support groups. US TOO is a sound. He spoke with real passion. And, national patient support group pro- perhaps most importantly, he came gram which serves an important role to TRIBUTE TO SENATOR RUDMAN with great credibility. many by assisting men who had pros- Mr. LAUTENBERG. Mr. President, I That amendment was defeated, Mr. tate cancer and their families in deal- want to pay tribute to an outstanding President. And, while there'sno way to ing with all aspects of their disease. Senator who will be leaving at the end know for sure. I believe that without A Delaware based pharmaceutical of this term, WARREN RUDMAN. WARREN RUDMAN the vote would have company has been at the forefront of Mr. President, I have enormous re- gone the other way. It took someone these awareness efforts. Mr. President. spect for WARREN RUDMAN. And there with his courage and credibility to I am pleased to inform my colleagues probably is not a single Member of this stand up for what's right. And when he that IC[ Pharmaceuticals will be recog- body who does not feel similarly. did, he brought the U.S. Senate along nized for their efforts with a special WARRENRUDMAN is a man of unusual with him. award ceremony on October 15, 1992, by intelligence and integrity. He's also a Another similar example, Mr. Presi- the American Foundation for Urologic man of real intellectual independence, dent, was the debate on resale price Disease in recognition of their initia- Senator RUDMAN is someone who maintenance. Again, WARREN RUDMAN October 8, 1992 CONGRESSIONAL RECORD-SENATE 34221 brought his legal skills to the floor on humor who did a most honorable job iti bor. In this Congress, he has worked behalf of ordinary Americans, those an area where the needs are infinite ,diligently to enact a NIH reauthoriza- who must scrimp and save, and who and the resources are finite. It is one of lion bill to expand women's health Ini- rely on discounters to get by. Like the the toughest jobs in Government. Hie latives of NIH and permit fetal tissue exclusionary rule, it was a highly tech- did it well. God bless him. research to seek a cure for Parkinson's nical issue. But WARREN RUDMAN made I wish him and his able and capablie disease, diabetes and Alzheimers. Re- his case with clarity and passion. And. wife. Bonnie. the very best in all o f grettably, a handful of Members pre- again, the Senate listened, and was their future endeavors. vented this bill from final consider- convinced. It might not have happened ation and passage this year. However, without him. TRIBUTE TO SENATOR BROCK the majority leader has indicated that So I salute Senator RUDMAN, and ADAMS this bill will be numbered S, 1 in the thank him for his many contributions next Congress, indicating the high pri- Mr. LAUTENBERG. Mr. President, ] to our Nation during his tenure in this ority most Senators place on its enact- want to pay tribute body. I'm sure those contributions will to my colleague ment. continue for many years to come. BRocK ADAMS, who is retiring from thl When S. 1 is Introduced next year, it Senate after over 30 years in public will be a tribute to Senator ADAMS as service. He has served in the great tra- well as REGARDING THE RESIGNATION OF a reflection of the importance dition of Washington's independent of conducting this research. SECRETARY ED DERWINSKI Senators-Warren Magnuson and I regret BROCK's departure from the Mr. SIMPSON, Mr. President, I rise Henry "Scoop" Jackson. Senator ADAMShas had a distin- Senate but I wish him and his family today to make a few remarks prompted the very best in the years ahead. I am by Ed Derwinski's decision to leave his guished career in public service. He was a U.S. attorney from 1961 to 1964, when sure he will continue to make a con- Cabinet post as the Secretary of Veter- tribution. ans Affairs. he successfully ran for a seat in the As a lifetime member of the Veterans House of Representatives. He served in of Foreign Wars and a member of the the House until President Carter se- CONTINUING CRISIS IN American Legion and Amvets, I com- lected him to the Secretary of Trans- YUGOSLAVIA ment Ed for the job he did in this very portation. He returned to Congress in Mr. SIMPSON. Mr. President, I rise 1987 as the junior Senator from Wash- difficult veterans post. to say a few words about the continu- I have known Ed Derwinski as long ington, ing crisis in Yugoslavia. BItOCK'S Interest in transportation as I have been in Washington. He is a continued during his incumbency in Mr. PRESIDENT. I think it is fair to say about caring person who made a very positive the Senate. In my capacity as chair- most of us that we only impact on the Department of Veterans began to learn man of the Transportation Appropria- about the intricacies of Affairs. tions Subcommittee, BROCK and I fre- this tragic situation after that land ex- In nearly 4 years as head of the VA, quently discussed transportation issues ploded into military conflict. it has Ed Derwinski has tried diligently and and he was aggressive in seeking to truly been on the job training for the doggedly to put deserving veterans meet the transportation needs of his Western democracies in developing ap- first-by increasing their medical care State. As a former Secretary of Trans- propriate responses. benefits. portation, he offered this body impor- I think that is important to under- Although he has had his share of dif- tant insights on innovative transpor- stand because it is important to under- ference with some of the veterans tation policies for our future. We also stand international events have played groups, as a former chairman of the worked together to enact legislation in a role in Yugoslavia's current difficul- Senate Veterans Affairs Committee, it response to the tragic Exxon Valdez oil- ties, and in the tensions that have was my view that he has always been spill. emerged there over time. People In accessible, open-minded, and very fair. With the retirement of Senator America turn on their televisions and Ed Derwinski clearly understood the ADAMS, the Senate is losing one of its they see horrifying images of brutality historic mission of the Department of most strongest proponents of women's and terror. The easy-but Incorrect- Veterans Affairs. When President rights. He is a strong defender of a response Is to turn away and to believe George Bush appointed him to that woman's right to choose, a woman's this is just part of the world that has post he was given a charge which Abra- right to equal pay, and more aggressive gone crazy, and that is the inter- ham Lincoln set forth as the creed for research into health issues of concern national community has nothing to do the Veterans' Administration: to women. with it. That is not true morally, nor "* * *To care for him who shall have He has also been a leader in the fight historically; the tensions in Yugoslavia borne the battle and for his widow and for greater funding for AIDS research partially result from a history of inter- his orphan * * *." Still today, that is and treatment programs. He and I have national great-power conflicts which the primary purpose of the VA-and Ed worked together on the Appropriations have focused on that region. Derwinski has made every possible ef- Committee to seek the highest level of We need to remember that the devel- fort in the last 4 years to be true to funding possible for the Ryan White opment of appropriate responses, and those goals. I admire him greatly. He is CARE Act and NIH's sponsored re- appropriate solutions, requires us to do a superb man. search on AIDS. He joined in this effort our best to understand what Is happen- This has been a difficult time to be at because of his concern about the trag- ing there. It requires us to understand the head of the VA. There have been a edy AIDS leaves in its path all across that tis Is not in any way analogous lot of really tough issues, and scarce this country. He took on this cause to the conflict that erupted 2 years ago Federal dollars. even though other States were more af- between Iraq and Kuwait. I believe Nevertheless, in this time of budget fected by this epidemic than his own. President Bush deserves our com- deficits and all sorts of spending cuts, The senior citizens of this country mendation for recognizing the particu- Ed Derwinski was able to wrangle $700 are also losing a great champion with lars at work In Yugoslavia, an not at- million for VA Health care and do It the retirement of Senator ADAMS. As tempting to shoehorn a policy that "Right up front," chairman of the Subcommittee on may have worked in other parts of the And he successfully worked to push Aging, he's fought to expand programs globe onto this unique situation. the VA budget up by a very significant for our Nation's seniors. He's worked We must, of course, continue to ad- sum of $1 billion each of the last 3 hard during the past 2 years to ensure here to certain principles In our re- years. passage of the Older Americans Act. sponse. Recently the Senate called Mr. President, Ed Derwinski is a man Mr. President, BROCK ADAMS' legacy upon the United Nations to take the of honor, integrity, grace, and good will live on after he leaves this Cham- necessary measures to ensure that the 34222 CONGRESSIONAL RECORD-SENATE October 8,1992 relief to victimized peoples there is Sreceptive to possibilities for democracy Throughout his career Senator DIXON successful. That was an appropriate re- Sand peace within the rump Yugoslavia, Snever forgot the problems or concerns sponse in my view. And we must also And, that the attitude and approach of of those who sent him to the Senate. I make clear that naked military aggres- the West will be in part determined by know he will take that same devotion, sion will be punished by the inter- the extent to which real governing dedication, and commitment to his new national community, by economic power passes into the hands of mod- endeavors. Mr. President, I will miss sanctions at the very least. erate parties within their country. my friend from Illinois. and I would Beyond that, the situation becomes Declarations of peaceful intent, of Slike to wish him well. I know that he more complex, and solutions more ex- course, are not enough. But we can will succeed in whatever arena he de- clusive. Identifying aggressors is not a make clear that we do find the pro- cides to use his considerable talents. trivial matter in a land like Bosnia- gram of Mr. Panick-and NOT the poli- Hercegovina, where Croats, Serbs, and cies of Mr. Milosevic * * to comport VETERANS' ALCOHOL TREATMENT Moslems have fought within the bor- with our long-held views of the real as- PROGRAMS ders of one Republic-and where each pirations of the Serbian people. Mr. of those groups is divided into factions Panic represents their clear and best Mr. PRESSLER. Mr. President, I rise that include various levels of nationlist present hope for international respect today to discuss an important issue. It extremism. and goodwill, and that is a hope that is a subject I take seriously and one We should, of course, condemn ag- we cannot at this tragic time afford to that Congress should further examine. gressive actions by Serbian leader ignore. Thousands of Americans are treated Milosevic-but we must not delude our- for chemical substance abuse, includ- selves into believing that, inaction by ing alcoholism, each year. Veterans re- THE SERVICE OF SENATOR ALAN Serbia, as a result of international fleet a disproportionately large number DIXON pressure, will automatically produce of these cases. I know of many hearings peace in Bosnia. The Republics of Mr. LAUTENBERG. Mr. President, I held and studies conducted to deter- Yugoslavia were, after all. drawn up rise to acknowledge the departure of a mine why so many of our veterans de- with 30 percent of the Serbs living out- valued colleague who has served his velop drug and alcohol problems. We side of Serbia. State and the Nation with great dis- have learned a great deal. However, we We must similarly not assume that tinction: Senator ALAN DIXON of Illi- need to move ahead and evaluate the Serbia is United behind the policies of nois. treatment these veterans receive. Slobadan Milosevic. Of course, the Senator DIXON has ably and effec- In 1992, the Department of Veterans growing doubts of a number of Serbs tively represented the State of Illinois Affairs [VA]spent nearly $418 million about his policies would not mean that during his tenure in the Senate. But on substance abuse programs. VA offi- we should relieve the international Senator DIXON'S interests in the Sen- cials inform me this care costs about economic pressure on Serbia. But we ate have not been limited to issues af- $156 per day. Typically, substance need to do what we can to strengthen fecting Illinois. He has also played a abuse treatment at a VA facility lasts those elements within Serbia that leadership role, and had an impact on 25 days. This equates to approximately might be more inclined to play a pro- the major issues of our day. $4,680 for one veteran to get help in a ductive role in framing a lasting peace. A leader in banking reform, he VA rehabilitation program. Nearly 30 I had the pleasure this past week of looked into the commercial banking percent of the veterans who complete meeting with Yugoslav Prime Minister, industry and long ago saw some of the an alcohol treatment/counseling pro- Milan Panic. I found myself impressed troubling signs that led to the thrift gram are later readmitted to the pro- with the energy and enthusiasm of this crisis. He was a leader in introducing gram. This contrasts with the 21-per- man, a naturalized American citizen. legislation to keep the banking indus- cent relapse rate in the private sector. for advancing ideals which he unabash- try vibrant and healthy and to head off The VA has roughly 172 hospitals edly described as "American." Milan the burden of another multibillion tax- around the Nation. Nearly 150 of these Panic spent a great deal of his profes- payer bailout. facilities have alcohol treatment pro- sional life in the United States, and he Senator DIXON has also fought to in- grams. In fact, in my home State of has returned to his country with a crease the supply of affordable housing South Dakota all three of our VA fa- great enthusiasm for all things Amer- for hardworking Americans. His efforts cilities have alcohol treatment pro- ican, and I cannot help but admire him finally bore fruit when, after months of grams. for that. hearings, the new head of the Federal You certainly cannot evaluate the ef- I do believe that we may need to take National Mortgage Association in- fectiveness of an alcohol treatment a good look at who we view as the real formed Senator DIXON he was announc- program solely on its cost. However, it voice of Serbia-whether it is Milan ing steps to make its home mortgage is one factor which must be considered. Panic, or Slobodan Milosevic. Milan policies and procedures more amenable I have done research on the cost of Panic's government of a "rump State" to working families in low- and mod- treating individuals with alcohol prob- of Serbia and Montenegro has not been erate-income communities, and par- lems. Costs vary depending upon the generally recognized. This is, after all, ticularly, in minority neighborhoods. location of the treatment center, its a recognition of the forces arrayed Senator DIXON also sponsored legisla- reputation, and its facilities. You can against him-not Internationally, but tion to enforce restrictions which obtain quality care in the private sec- within Serbia. I am certain that make it illegal for banks to discrimi- tor for a cost similar to that in the VA. Milosevic would love for us.to become nate against mortgage applicants based However, the VA ends up spending so enamored of Mr. Panic that we ease on race. Senator DIXON argued for more more on an individual because of the the pressure on Milosevic's own re- Federal prosecutors of S&L fraud. higher relapse rate in its programs. gime; certainly we need to guard As chair of the Senate Armed Serv- I intend to work with the VA and the against that. But I do think we will be ices Subcommittee on Readiness, he Senate Veterans' Affairs Committee to distraught with ourselves if a voice for worked on procurement issues that determine how we can improve the peace and moderation within Yugo- spurred the creation of the Pentagon quality of alcohol and drug treatment slavia is stilled by a coup or conspiracy procurement czar, taking lucrative programs for veterans while reducing against him by a militarist regime. We contracting decisions out of the hands their cost. We have just completed ac- therefore have a responsibility to of those who have a vested interest in tion on the fiscal year 1993 VA appro- strengthen our support for what Mr. their outcomes. He also saved Amer- priation bill. It contains nearly $15 bil- Panic has been saying. ican taxpayers $4.5 billion by leading lion in health care funding. We all I would urge my colleagues to let the the fight to stop production of the know this is not enough. However, we word go forth that the West is in fact faulty Sergeant York gun. must determine how we can help the October 8,1992 0ONGRESSIONAL RECORD-SENA1TE 34223 most veterans in the most cost-effec- charter an FCB in the Jackson districlt ties under the Farm Credit Act to bar tive way. I am committed to studying because PCA had decided to place thie unsafe and unsound practices. In that further the issue of VA substance abuse Jackson FLB into receivership rathelr regard, the FCA under this bill has ex- rehabilitation programs and to deter- than allow comprehensive assistancee actly the same-no more and no less- mining how-whether through in-house under the 1987 act to be provided to the- supervisory powers over the Jackson programs at VA facilities or through district. bank than it would otherwise have contracting out of such services-our The Jackson FICB, nonetheless, tries1 under the other provisions of the Farm veterans can best be served. to remedy the situation during 1988 andI Credit Act to ensure the safety and 1989 by looking for a FCB to be a vol - soundness of system institutions, Iuntary merger partner. Moreover, those powers are limited JACKSON FARM CREDIT DISTRICT Meanwhile, early in 1989. the FCA ap- COMPROMISE under the same administrative stand- proved a sale of a number of long-term ard as in the rest of the Farm Credit Mr. HEFLIN. Mr. President, I rise in loans of the Jackson FLB in receiver- Act. support of the Jackson Farm Credit ship to the Texas FOB, at the same Nor will the Farm Credit Bank of District compromise legislation that time amending the Texas bank's char- Texas have any authority under the we have included in the bill before us ter to permit it to make new long-term Sstatute to interfere with the Jackson at this time. This provision is the re- loans in the Jackson district. In issu- bank's merger efforts during this time. sult of the cooperation and hard work ing that charter extension, the FCA for Another key provision of this bill is of many dedicated people, including the first time in history split the long- that the Jackson FICB and its intended my colleague the Senator from Mis- term and short-term lending authority merger partner may request a one-time sissippi, [Mr. COCHRAN], my colleagues in a Farm Credit District between Sextension if they need a little more on the Committee on Agriculture, Nu- banks based in different districts. time to work out the details of the trition, and Forestry, and in the other Then, In the spring of 19B9, FCA in- merger. If Jackson and its intended body, Mr. ESPY, Chairman DE LA terrupted the Jackson FICB's vol- merger partner submit a letter of in- GARZA, Chairman WIrTTEN, and many untary merger process by instructing tent to the FCA, the FCA has the re- others. I was pleased to join these gen- it to merge with the Texas FCB under sponsibility to extend the deadline. tlemen in this important effort: and I section 410-using the legal theory that The FCA cannot deny or revoke the ex- must also salute the outstanding ef- the Texas bank was the functional tension except for the most clear sig- forts of the staff of all the Members for equivalent of a FLB in the Jackson dis- nals that the deal has actually fallen their work and contributions to put- trict. The FICB successfully appealed through. ting this particular legislative package this FCA decision to the courts. In During this window of opportunity, together. February 1991, the U.S. Court of Ap- under the authorities that the Jackson This compromise will put to rest the peals for the Fourth Circuit ruled de- district production credit associations long-standing and divisive controversy finitively that section 410 did not give have under current law to affiliate surrounding the status and lending au- FCA authority to force the merger and with any Farm Credit Bank, if North- thorities of the Farm Credit System in- consolidation of districts. west Louisiana PCA does not agree stitutions in the Jackson district. The After the court decision, things in a with tile deal it may opt out and affili- compromise here is fair. It upholds the sense came to a stand-still as to the fu- ate with a different bank. After the principles of local control while ture of the Jackson district; and this merger of the Jackson district, the streamlining loan operations in the legislation is designed to get things Jackson production credit associations district, in fulfillment of the district moving toward a final resolution of the are free to reaffiliate with another dis- merger provisions in the 1987Agricul- status of the district that retains the trict bank under the usual procedures tural Credit Act. It also gives the rights the courts have given the FICB already set up elsewhere in the Farm Texas Farm Credit Bank statutory as- and its associations to determine their Credit Act. Again, principles of local surances about the validity of its long- own destiny. control are upheld for the benefit of term lending charter in the Jackson WHAT'THB ,.EIB1l.ATION DOES the farmers and ranchers in the dis- district. The language in this legislation puts trict. IIACKOaUUND in place a carefully tuned, orderly Only if the Jackson bank fails to find The Agricultural Credit Act of 1987, mechanism to resolve the situation in a merger partner in the time period al- in section 410, mandated the merger, the Jackson district by facilitating a lowed in the bill will it be mandated to within 6 months after enactment-that merger of the Jackson FICB with an- merge with the Texas Farm Credit is, by July 6,1988-of the Federal Inter- other Farm Credit Bank after a vote of Bank. Even then, the bill protects the mediate Credit Bank [FICB] and the the farm-borrowers and share-holders farmer-borrowers and shareholders of Federal Land Bank [FLB] in each of in the three States of Alabama, Louisi- both banks. The whole matter will be the 12 Farm Credit districts through- ana, and Mississippi. If that merger put to an arbitrator to decide the best out the United States. The banks cre- process fails, the legislation then pro- terms of merger for both banks and the ated by section 410 mergers are called vides for a mandated but arbitrated System as a whole. Farm Credit Banks [FCB's]and handle merger with the Texas Farm Credit To ensure that the rights of both both short-term and long-term lending Bank, sides are fully protected and to ensure to farmers and ranchers within the I support the compromise included in that both districts are treated with Farm Credit System. this legislation based on my under- equal respect and deference, the bill is The 1987 act did not, however, include standing of how it will work to accom- constructed to give the arbitrator-not the mandated consolidation of the 12 plish the merger of the FICB of Jack- one bank or the other, nor the FCA- Farm Credit districts called for in the son with a Farm Credit Bank. broad power to initiate the develop- earlier House version of the legislation. First, the Jackson FICB will have ment of,and refine, the merger terms. The whole issue of local control and until June 30, 1993,to find its own Both banks involved in the man- consolidation of districts was a conten- merger partner from among any of the dated, arbitrated merger will be able to tious matter during the 1987 congres- other Farm Credit Banks in the Farm present their own plans for structuring sional debate; and the middle ground Credit System. the new bank for the combined dis- position reached by Congress was a Under the provisions of the bill, the tricts, and they may present whatever finely balanced compromise. FCA will not be able to interfere with information that would support their In 11 of the 12 Farm Credit districts, tthe Jackson bank's merger efforts dur- preferred plan. Their assets will be set the merger/creation of FCB's under sec- ing this window of opportunity, lasting at book value. tion 410 of the 1987 act took place on until June 30,1993, except to the extent Whichever way the merger Is schedule. However, the FCA failed to t.hatthe regulator must exercise its du- reached, when the merger is completed, 34224 CONGRESSIONAL RECORD-SENATE October 8, 1992 assistance will be available to the ex- this point a summary analysis of thil SFCA must grant an extension of time-to no tent necessary to facilitate the merger provision of the bill. later than October 31, 1993-for the two and ensure that stock values will not There being no objection, the mate- banks to complete the merger, If FCA deter- mines that- drop as a result of unforeseen financial rial was ordered to be printed in the (1)the letter of Intent represents a bona downturns. RECOlD, as follows: fide good faith agreement; and Either the FICB of Jackson or the SUMMARYANALYSIS OF PIlOVISIONS (2)there is at least a reasonable prospect Texas bank may request the establish- REAIsIINO Te'iHFICB o1'JACKSON for the timely completion of the merger. ment of agricultural credit associa- This provision provides a framework for. It is expected that FCA will make a deter- tions [ACA's] in the district, and the and rules to govern, the merger of the Fed. mination of "good faith" in the absence of arbitrator's plan may include the es- eral Intermediate Credit Bank of Jackson, any obvious short-coming in the letter of in- Mississippi (FICB-J) with another Farm tent. tablishment of ACAs. A plan for AOAs If the FICB-J does find a voluntary merger would enable farmers and ranchers in Credit Bank (FCB). This provision will (1)allow for the transi- partner, the merger will be completed under the Jackson district to have one-stop tion of the FICB-J to FCB status in a timely the current merger provisions of the Act. shopping for all their farm credit and equitable manner: anti (21 assure the If the FICB-J determines to merge under needs, as so many other farmers and farmer-borrowers served by the FICB-J's as- this authority, the whole bank, In its en- ranchers have access to elsewhere in sociations that their bank will have a fair tirety (except as noted in the following sen- the system. But again, it would be up chance, within reasonable limits, to decide tence) will have to merge; and the merged to the farmer-borrowers themselves to its own destiny on terms that will maximize bank will only have the FICB-J short-term and Intermedlate-tern lending authorities In decide whether they wanted ACAs. So benefits to farmers. The FICB-J's merger must he completed by July 1,1991. the States of Louisiana, Mississippi, and Ala- long as the arbitrator found it in the bama. The NW Louisiana Production Credit interest of district farmers and ranch- OENERAl.SUMMARY Association could at any time invoke the ers. the question would go before the Specifically, the provision consists of three current authorities of the Act to reaffiliate farmers and ranchers for their ap- subsections. with another Farm Credit district. proval. First, subsection (a)has three major com- While the FICB-J Is in the process of merg- Also, if the farmers and ranchers in ponents: ing (elther under this provision or with the (A)Rules for a negotiated merger. one State, voting in separate terri- FCB-T under arbitration), It will continue to (B)An alternative, mandated merger with operate as a legally authorized bank, under tories by majority vote approve ACA's, the Farm Credit Bank of Texas ("the Texas such provisions of law that are determined that State's associations would then be bank") If a negotiated merger is impossible, by FCA to be appropriate for the bank to able to set up a statewide ACA down under specified arbitration procedures. conduct efficient and effective operations. the line by separate vote. (C)Provisions for expedited Judicial review Mandated,Arbitrated Merger with the FCB-T In regard to the voting process re- if problems occur in the merger process. Then, subsection (b)will clarify the long- If the FICB-J is unable to consummate a garding ACAs, I would made clear that negotiated merger, the FCA, within 5 days we intend that the referendum major- term lending authority of the Texas bank In the States of Louisiana, Mississippi, and Ala- after the initial or extended deadline for a ity be a majority of those voting, not bama. This clarification, however, in no way negotiated merger expires without action. those eligible to vote; and the arbitra- provides short-term or intermediate-term will issue an order requiring the FICB-J to tor is expected to include such term in lending authority under title II of the Farm merge with the Texas bank. the referendum procedures he is re- Credit Act of 1971 ("the Act") In those Within 30 days after the order for this quired to draw up under the legisla- States-that authority remains exclusively mandated merger with the Texas bank is Is- sued, an arbitrator will be appointed by the tion. that of the FICB-J andi Its successor merged bank (which, of course, could be the Texas Amierican Arbitration Association (AAA). The arbitrator's plan of merger of the The arbitrator's Job will be to determine FICB with the Texas bank would ulti- bank). Finally, subsection (o)will add language to the terms of the merger such that the terms mately go to the FCA for certification section 5.17(a)(2) of the Act. to prohibit the are fair and equitable to all concerned, and that the plan was in compliance with Issuance of competitive Farm Credit char- protect the safety and soundness of the Farm the Farm Credit Act. The FCA would ters in the States of Louisiana, Msississippi. Credit System. Subsection (e) spells out the be able to recommend necessary and Alabama. objectives and required contents of the arbl- changes to the arbitrator's plan to trator's plan in more detail. sUMMAlYOF SUBsCTrION (a) The expenses of arbitration and of the ref- bring the plan into compliance with Subsection (a)will add a new subsection (e) erendum of borrowess on association struc- the law, but the FCA would not other- to section 410of the Agricultural Credit Act ture (described below) will be paid out of the wise be able the withhold certification of 1987.Section 410, as enacted in 1987,pro- Farm Credit Assistance Fund. for less than the most serious of rea- vided the rules for the establishment of The arbitrator will have 100 days to de- sons. It is my understanding that the Farm Credit Banks (by merger of the Federal velop the merger plan and submit it to the FCA has no interest in withholding land bank and the FICB) in each of the 12 FCA for certification. certification of a lawful merger plan. Farm Credit districts. The arbitrator could include in the plan Finally, I am pleased that the farm- Under section 410, as currently written, authority for the establishment of agricul- each such merger was to have taken place by er-borrowers will have the additonal tural credit associations (ACAs) In Louisi- July 6, 1988.The problem leading to the need ana. Mississippi, and Alabama. The ACA plan protection of expedited judicial review to enact this legislation is that the Federal would be based on proposals submitted by under the provisions of the U.S. Arbi- Land Bank of Jackson and the FICB-J were the FICB-J, the Texas bank, or both. tration Act and to prevent arbitrary prevented by action of the Farm Credit Ad- The ACA plan would call for the establish- and capricious, illegal agency action, ministration (FCA)and other agencies from ment of an ACA In each of the territories or actions otherwise unsupported by merging Into a Farm Credit Bank of Jackson now covered by the Jackson district Federal substantial evidence based on the en- under the time schedule. In fact, the Jackson land bank associations (FLBAs), with the tire record put before the arbitrator or land bank has been in receivership since territory covered by the North Louisiana early 1988.and Is expected to be completely FLBA further broken up Into 2 ACA terri- the FCA, whichever is involved. This liquidated soon. This has left the FICB-J tories, one each for the territories covered language provides extra needed protec- without a merger partner under section 410 by the NW Louisiana PCA and First South tion for the farmer-borrowers that the up to now. PCA. The other specific elements of the ACA merger process will be a fair one. The new subsection (e) of section 410 will plan are set out in subsection (e). During the whole process, the Jack- provide a blueprint for the expeditious merg- The FCA would have 30 days after It re- son FICB will have all the authority er of the FICB-J Into an FCB. The major ceives the arbitrator's plan of merger (in- under the law it is otherwise entitled provisions of new subsection (e) are as fol- cluding the ACA plan) to do a compliance re- to as a fully authorized Farm Credit lows: view of the plan. System Initially. the FICB-J will be given until Within 170 days after the order for the institution until the time it is June 30.1993. to find an FCBto voluntarily mandated merger is Issued, the AAA would finally merged with another bank, or merge with. have to complete the conduct of a referen- no later that June 30, 1994. If the FICB-J finds an FCB to voluntarily dum of all farmer-borrowers in Louisiana. Mr. President, I ask unanimous con- merge with by June 30, 1993,and files a letter Mississippi, and Alabama on the ACA plan. A sent to have printed in the RECORD at of intent on this merger with the FCA, the majority vote In any referendum will be a October8, 1992 (:ONGRESSIONAL RECORD-SENATE 34225 majority of those voting, not a majority of and regulatory discrimination which look back to the days when the Con- those eligible to vote. over the years had developed under sec- Within 10days after the results of the ref- gress first took up the energy bill-our erendum are submitted, FCA must issue the tion 466 among competing U.S,-flag Nation was at war in the Persian Gulf. charters needed to implement the mandated cargo vessel operators. LASH barges We were at war for many reasons, but merger of the FICB-J and the Texas bank. are basically cargo carrying containers certainly one of them was our depend- Similarly, FCA would have to charter an which float. Both LASH barges and ence on imported foreign oil. This leg- ACAin each of the seven ACA territories in containers are originally transported islation puts us, as a Nation, on the which a majority of both FLBA borrowers by a mother ship: both LASH barges path toward a more secure, a more and PCA borrowers in the territory approved and containers after ACAstatus. leaving the moth- sound energy future. The Farm Credit System Insurance Cor- er ship continue onward to a final des- I am not suggesting this bill is per- poration (FCSIC) will be required to provide tination. Not only does the old section fect-far from it. I have concerns about funds as needed to facilitate a mandated 466 discriminate against LASH barges the inclusion of the language regarding merger with the Texas bank. However, the vis a vis containers with respect to the the Yucca Mountain site, currently assistance could not exceed an amount re- 50-percent ad valorem duty, but it also under consideration for a high level quired to maintain stockholder equity in the imposes separate and individual inspec- waste disposal site and will carefully merged bank at book value. In addition, FCSIC will be required to tion and reporting requirements for monitor this Issue as it progresses. I guarantee-for up to 5years after the merger each LASH barge where none exist for also am concerned that in some areas of the FICB-J-prompt payment of any loss equivalent individual containers. this bill does not go far enough. I firm- experienced by the bank merged with the Unfortunately, because section 466(h) ly believe that increased corporate av- FICB-J due to the failure of an association was enacted as part of an omnibus tar- erage fuel economy standards belong in holding soock In the FICB-J to pay its obli- iff bill which placed a 2 year time limi- this bill-but they are not here. Addi- gations to the resulting bank. tation on most of its tariff exemptions tionally, I was disappointed that the If at any time prior to the completion of the FICB-J's merger, the FCAdetermines (as and suspensions, section 466(h) will conferees dropped the provisions for a provided in the Act)that the FICB-J is being automatically expire on December 31, moratorium on drilling on much of our operated in an unsafe or unsound manner, it 1992.Accordingly earlier this year, the Nation's outer continental shelf. can (1)require an assisted merger of the House passed another omnibus tariff However, on balance, I believe the FICB-J, using FCSIC funds, or (2)(after the bill which would have renewed section policy before us here today is sound issuance of an order for a mandated merger 466(h) for another 2years. I likewise in- and I will vote to support this bill. with the Texas bank), take action under the troduced a similar bill in the Senate First, the bill will promote conserva- Act to return the FICB-J to a safe and sound condition. and to the best of my knowledge there tion and efficiency. No matter what If all the associations In the State of Ala- is no opposition to this renewal. the energy source-we must not waste bama, Louisiana, or Mississippi are char- In spite of the noncontroversial na- what we have. The bill sets new effi- tered as ACAsunder the arbitrator's plan, ture of this legislation, as we reach the ciency standards for homes, for build- the boards of each such ACA in the State end of the 102d Congress there has not ings, for appliances, and for the Fed- will be encouraged to submit to its stock- been an acceptable revenue-raiser to eral Government. It also provides holders a plan for merging into a statewide cover the modest estimated cost of this incentives for utilities to pursue de- ACA.It is expected that FCA would expedi- tiously charter each such statewide ACA as extender. Accordingly, on January 1, mand-side management to further con- approved by stockholders. 1993,the extremely burdensome tariff serve energy. Review discrimination which section 466(h) The energy bill fosters the develop- The actions and determinations of the eliminated will automatically be rein- ment of renewables and the commer- FCA, the FCSIC. and the arbitrator under stated. For this reason as soon as the cialization of alternative fuels. A key subsection (e)will be subject only to re- next Congress convenes, I intend to in- provision establishes a Federal produc- stricted judicial review, and not be subject troduce a bill which if enacted will ef- tion incentive for public utilities that to the provisions of the Administrative Pro- fectively remedy this injustice against use renewable energy sources. Addi- cedures Act. the U.S. Merchant Marine. tionally, the bill provides for numerous Judicial review of FCA and FCSIC actions Under these compelling circum- joint ventures with the Federal Gov- and determinations will be conducted exclu- stances, ernment to assist in the commerciali- sively In the U.S. Court of Appeals for the I urge the Department of the District of Columbia Circuit, using expedited Treasury and the U.S. Customs Serv- zation of renewable energy sources- review procedures spelled out in the bill. ice, during this unavoidable interim such as fuel cells, which hold such Review petitions will have to be filed with- period, to refrain from reimposing the promise in meeting our future energy in 10days after the action or determination onerous, costly and confusing adminis- needs. The bill also takes strong steps complained of occurs. Then, the court must trative procedures which contributed to curb the use of imported oil on our rule within 50days after the petition is filed. to the enactment Nation's roads. Government motor ve- As to actions and determinations of the ar- of section 466(h) in bitrator, petitions for review will have to be 1990.I refer of course to: First,the Cus- hicle fleets would be required to pur- filed under the U.S. Arbitration Act, using toms Services' LASH barge inspection chase an increasing number of alter- similar expedited procedures and an overall and multiple entry regulations and natively fueled vehicles. 40-day limit for court review. procedures; and second, the discrimina- While encouraging domestic fuel pro- tory administrative regulation, inter- duction, this bill recognizes that not pretations and requirements that re- all areas are appropriate for develop- FOREIGN REPAIR OF VESSELS sulted in the unjustified imposition of ment. This bill includes important pro- Mr. BREAUX. Mr. President, in 1990 50 percent ad valorem duty under sec- tections for several unique Connecticut the 101st Congress enacted section tion 466 on vessel spare repair parts areas. As many in my State know, sev- 466(h) of the Tariff Act of 1930, as and equipment purchased abroad. eral Connecticut town parks have been amended, (19 USC 1466(h)) relating to threatened with hydropower develop- the foreign repair of vessels. This legis- ment-development which would pro- lation, which I introduced, exempted IN SUPPORT OF THE CONFERENCE duce little power and cause great dam- from the 50-percent ad valorem duty REPORT ON H.R. 776, THE age. This bill protects those areas-and rate otherwise imposed by section 466, ENERGY BILL other parks across the country. This foreign repairs to U.S.-flag LASH- Mr. DODD. Mr. President, I rise bill also does not include provisions to lighter-aboard ship-barges as well as today in support of the conference re- open the Arctic National Wildlife Ref- vessel spare parts and equipment nec- port on H.R. 776,the Energy Policy Act uge to oil and gas drilling-so for now essarily purchased by U.S.-flag vessel of 1992. this unique ecosystem is safe from de- operators in foreign countries. The Senate should act today to pass velopment. Section 466(h) was adopted to elimi- this critical legislation. The need for The bill provides for reform of the nate unfair, onerous, and costly tariff this legislation is clear. We need only Public Utility Holding Company Act to 34226 CONGRESSIONAL RECORD-SENATE October 8, 1992 increase competition in the utility in- in the uniformed services by eliminat- tee modification I submitted as an dustry and ultimately to lower rates ing or minimizing the disadvantages to amendment to the bill, reflected the for consumers of electricity. I became civilian careers and employment which only compromise I could reach with personally involved in the PUHCA occur as a result of such service. Unfor- the business organizations and various issue through the Banking Committee tunately, over the last 50 years the Senators, while upholding the interests and held several hearings, here and in VRR law has become a confusing and of veterans, to achieve unanimous Sen- Connecticut, in an effort to craft legis- cumbersome patchwork of statutory ate passage. However, that 11th-hour lation balancing the concerns of con- amendments and judicial constructions passage did not allow sufficient time to sumers, the utility industry, and inde- that,at times, hinder the resolution of negotiate with the House Committee pendent producers. Although this was claims. Thus, the Committees on Vet- on Veterans' Affairs on the com- certainly a daunting task. I am pleased erans' Affairs hoped that Congress plicated and important issues of VRR. that the legislation before us today would be able to amend the VRR law to strikes that delicate balance. restate past amendments in a better Mr. President, I sincerely appreciate In addition, the bill protects impor- organized, clearer manner and to incor- the very cooperative and patriotic tant State rights. This measure clari- porate important court decisions inter- manner in which the vast majority of fies a State's right to regulate low preting the law.The substantive rights employers have carried out their re- level waste, which the Federal Nuclear at the heart of the VRR law would re- sponsibilities under the VRR law. The Regulatory Commissions determines main as valuable protection to those revision of chapter 43found in S. 1095 "below regulatory concern." This will who provide this country with non- was designed to take into account the ensure that States, such as my own career service in the uniformed serv- legitimate interests and needs of em- State, can set standards for low level ices. S. 1095and the House companion ployers and to assist them by stating waste in the absence of Federal regula- measure sought to ensure that the their obligations in a clear fashion. tions. VRR law effectively and fairly served However, the strong efforts to delay The energy bill before us is a large this purpose. passage of this bill prohibited the Sen- bill and I have only sketched a few of Mr. President, both Committees on ate from doing so until so late that ne- its many provisions. It touches on Veterans' Affairs and the administra- gotiations with the House were rushed nearly every aspect of our Nation's en- tion committed much time and energy and unfruitful. ergy industry and it moves us forward to the revision and improvement of on each of these fronts toward a more this law. For over 3years, an executive I regret that we were not able to safe and sound energy future. In this branch task force on VRR law, Includ- complete this multlyear and multi- regard, I urge my colleagues to join me ing representatives of the Departments agency project, and I sincerely hope in support of this vital legislation. of Labor, Defense, and Justice and the that the next Congress will pursue the Office of Personnel Management work- revision of chapter 43 to its comple- ed to develop a revision of chapter 43. tion. I hope both Committees on Veter- VETERANS' REEMPLOYMENT H.R. 1578,the Uniformed Services Em- ans' Affairs will hold hearings to shed RIGHTS ployment and Reemployment Rights light on the complicated and important Mr. CRANSTON. Mr. President, as Act of 1991,as passed by the House on issues involved in this revision and de- chairman of the Committee on Veter- May 14,1991, is similar to and largely velop legislation that treats both vet- ans'Affairs. I want to express my deep derived from the administration's erans and employers fairly under the disappointment in the failure of the March 5,1991, draft. VRR law. 102d Congress to pass a much needed Our committee was greatly assisted revision of chapter 43of title 38.United by the efforts of those departments, Mr. President. I thank the ranking States Code, the veterans' reemploy- the Office of Personnel Management, Republican member of our committee, ment rights [VRR] law. I regret that, and the House Committee on Veterans' Mr. SPECTER, for his tireless efforts to at this late hour in the session, the Affairs, and we worked closely with improve S. 1095and to push for Senate Committees on Veterans' Affairs of the representatives from each of the Fed- passage. I thank my good friend and House of Representatives and Senate eral agencies responsible for admin- chairman of the House Committee on were unable to reach a compromise istering the VRR law in developing the Veterans' Affairs, Mr. MONTGOMERY, agreement regarding VRR. Senate bill, S. 1095,entitled the Uni- and ranking Republican member, Mr. Mr. President, the VRR law, first en- formed Services Employment and Re- STUMP, for their work on the revision acted in 1940and now codified in chap- employment Rights Act of 1991. of the VRR law. I am also grateful for ter 43 of title 38,provides job security I introduced S. 1095on May 16,1991. the contributions of the Senate Veter- to employees who leave their civilian Soon afterward, our committee held a ans' Affairs Committee staff members jobs in order to enter military service, hearing on this legislation and subse- who have worked on this legislation- voluntarily or involuntarily. Within quently filed a report of S. 1095on No- Charlie Battaglia and Tom Roberts on certain limits, the law generally enti- vember 7,1991. Unfortunately, the Sen- the minority staff, and on the majority ties the individual who serves in the ate was unable to proceed to the con- staff, Tom Hart, Shannon Phillips, who military to return to his or her former sideration of S. 1095 until only a few has left the staff to attend law school, civilian job after being discharged or days ago, on October 1, nearly 11 Chuck Lee,Bill Brew, and Ed Scott. released from active duty under honor- months after the bill was reported out able conditions. For purposes of senior- of committee. Mr. President, it is important to our ity, status, and pay, the employee is Mr. President, this delay was the re- men and women when they put on the entitled to be treated as though he or sult of objections to S. 1095by several uniform that we show our support and she had never left. The effect of this organizations representing both large do all we can to provide them with law is often characterized-by the and small businesses which expressed strong and effective employment pro- courts and others-as enabling the re- reservations with S. 1095 as reported. tection.For over 50years, the VRR law turning veteran to step back on the se- These organizations raised their con- has provided this protection, however, niority escalator at the point he or she cerns with the committee and other much has changed in that time. The re- would have occupied without interrup- members of this Chamber. In response vision of chapter 43of title 38is essen- tion for military service. The law ap- to these concerns, various Senators op- tial to ensure that our noncareer plies both to active-duty service and to posed Senate consideration of the bill servicemembers may leave their civil- training periods served by reservists as reported and offered changes to pro- ian employment to serve our country and members of the National Guard. tect the interests of businesses. The with the confidence that, upon their re- Mr. President, the VRR law is in- bill that the Senate finally passed on turn, they may resume their lives with tended to encourage noncareer service October 1,with a substantial commit- as little disruption as possible. October 8,1992 CONGRESSIONAL RECORD-SENATE 34227 TRIBUTE TO CONGRESSWOMAN deeds among those of Harriet Tubman ; It was perhaps arms control in which SHIRLEY CHISHOLM FOR THE Mary McCloud Bethune; Fannie Lou SALAN CRANSTON made his biggest OCCASION OF HER APPEARANCE Hamer; Sojourner Truth; Dorothy mark, Mr. President. From his days as AT THE OCTOBER 31. 1992 AN- Height; and Susan B. Anthony. All of part of the nuclear freeze movement to NUAL FREEDOM FUND BANQUET these women have made the world bet- his last decade as a member of the For- OF THE MANSFIELD, OH, ter and served as role models, not only eign Relations Committee, ALANCRAN- BRANCH OF THE NAACP for other women, but for men and chil- SSTONhas campaigned tirelessly to roll Mr. GLENN. Mr. President, I con- dren as well. back the spread of nuclear weapons. gratulate the Mansfield Branch of the She has challenged and changed the From Pakistan to China to the former NAACP on its annual Freedom Fund status quo, whether the issue was equal SSoviet Union, ALAN CRANSTONhas fos- Banquet and on its years of dedicated employment opportunity, civil rights, tered the cause of nuclear disar- service to Ohio and the community. I education, Haitian refugees, or the mament. also commend the organization for its plight of the poor. America is a better SALAN CRANSTON took on domestic visionary selection of Congresswoman place because of Shirley Chisholm's in- causes with similar devotion. He was a Shirley Chisholm as its guest speaker. volvement in these issues. relentless champion for campaign fi- Shirley Chisholm, the first African- There is no doubt that Congress- nance reform. He worked tirelessly to American woman elected to the U.S. woman Chisholm is the right mes. meet the housing needs of the poor and Congress, is an authentic American senger at the right time and if she dise the disenfranchised. And he was an trailblazer. In 1972, Congresswoman covered the time was wrong, she would outspoken advocate of a woman's right Chisholm blazed yet another trail as merely change it. to choose. In this Chamber, and indeed she campaigned for the Democratic "Unbought and unbossed, the Honor- throughout the world, ALAN CRAN- Party nomination for President of the able Shirley Chisholm maintains her STON'Sabsence will be deeply felt. United States. commitment to excellence and contin- In our current election cycle, the his- ues to fight the good fight. THE RETIREMENT OF SENATOR toric ground-breaking evidenced by the TIM WIRTH record of Shirley Chisholm has truly THE RETIREMENT OF SENATOR Mr. DODD. Mr. President, I rise spawned this "Year of the Woman." JAKE GRARN Because of what she has done, other today to say goodbye to TIM WIRTH,a women now know what can be Mr. DODD. Mr. President, for over a colleague on the Banking Committee achieved. The record number of women decade I have had the pleasure of work- and a good friend. TIM and I were both running for the Congress is the legacy ing side by side in the Senate Banking elected to the House of Representatives written by Shirley Chisholm. It is not Committee with the senior Senator for the first time as a part of the post- often that a person can see the fruits of from Utah, JAKE GARN.First as the Watergate class of 1974.I was saddened their labor while they are still alive; chairman of that committee and then and disappointed to hear of his un- Ms. Chisholm has that distinction. She as its ranking member, JAKE GARNhas timely resignation from this body. has accomplished so much already, it is spent his career as a tireless advocate On the Banking Committee, TIM easy to forget that she is still "out of financial modernization. He has been WmTH has been a major force in help- there" having an impact,making a dif- consistently ahead of the curve on re- ing to establish fair and open securities ference, and raising our consciousness forms to strengthen the banking sys- markets. But it is perhaps the environ- on the important issues of the day. tem and reduce the need for costly and ment where TIM WIRTHleft the great- Shirley Chisholm has accomplished wasteful taxpayer bailouts. est impact, starting over a decade ago so much, it is hard to tell where the JAKE GARNalso made his mark in the with his instrumental role in the pas- myths end and reality begins. areas of science and space. He has been sage of the first Clean Air Act. Since The story has been told that when one of the strongest supporters of then, TIM WIRTHhas helped to reshape Ms. Chisholm was elected from Brook- NASA programs in the Senate, includ- the debate over the environment and lyn, NY, the Democratic leadership ap- ing the space shuttle and the space sta- the importance of our commitment to pointed her to the Agriculture Com- tion. And Mr. President, JAKE GARN nature. mittee; but the fiery newcomer didn't lived what he believed. In 1985,just a Just a few months ago while the "sit down and be quiet." She protested year before the terrible tragedy of the President was refusing to go to Rio for saying that the Democratic leadership Space Shuttle Challenger, Senator the Earth summit, TIM articulated must have mistaken Brooklyn, NY for GARNtook a 7-day voyage himself on with passion and clarity why U.S. lead- an agricultural center-but everyone the Discovery. ership was needed on this vital issue. I knows that only "A Tree Grows in Mr. President, on many issues the have no doubt that in some way TIM Brooklyn." ideological gap between JAKE GARNand WmIRTHwill continue to exercise his She was reassigned. I were large. JAKE and I had different own leadership, Mr. President, in the But just because Shirley Chisholm approaches and different philosophies. years to come. retired from Congress does not mean But we shared a common commitment that she has retired from the battle. to the people of the States we rep- As a founder and first national chair resented and to the people of this Na- THE RETIREMENT OF SENATOR of the National Political Congress of tion. Most of all, we shared a close and WARREN RUDMAN Black Women [NPCBW], Congress- trusted friendship that outlasted any Mr. DODD. Mr. President, the Senate woman Chisholm has continued to partisan differences. As a fellow legis- will miss the leadership of WARREN shine her special light so that others lator, and as a friend, I will miss JAKE RUDMAN.He was a principal author of may see and follow. During the recent GARN. the 1985 Gramm-Rudman-Hollings leg- Congressional Black Caucus legisla- islation, which was the first serious ef- tive weekend, She was honored by fort to contain the Federal budget defi- NPCBW-"in this 'Year of the Women' THE RETIREMENT OF SENATOR cit. Of late, he has taken up a biparti- we honor our women of 'the years'"- ALAN CRANSTON san effort with the former Senator In recognition of her lifetime achieve- Mr. DODD. Mr. President, for almost Paul Tsongas to take his message of ments. In truth, she honors us by her a quarter of a century, on every subject fiscal responsibility to the people. steadfast devotion and leadership in from human rights to the plight of the WARRENRUDMAN has also taken it the area of community relations and urban poor, ALAN CRANSTONhas truly upon himself to ensure that Federal politics. been the conscience of the Senate. He policies are not only fiscally sound, but History will treat Shirley Chisholm will truly be missed by every Member fair. He has been a strong supporter of justly and record her name and her of this body. low-income home energy assistance, or 34228 CONGRESSIONAL RECORD-SENATE October 8, 1992 LIHEAP. He has consistently defended THE RETIREMENT OF SENATOR polluting, alternative renewable the Legal Services Corporation against STEVE SYMMS sources of energy. This bill is, in short, those from his own party who would Mr. DODD. Mr. President, in his 30 a bill that promotes the status quo in bring about its demise. And in 1988 he years as a representative of the people energy policy. helped author the omnibus drug bill, to of Idaho, Mr. President, STEVE SYMMS Mr. President, our national energy try and slow the spread of drug abuse has been an outspoken and dedicated policy is shaped by three competing ob- through our Nation's cities and rural spokesman for conservative causes- jectives. One objective is energy secu- areas. whether it was the pace of arms con- rity typically measured by dependence Mr. President, WARREN RUDMAN'S trol or the burden of environmental on foreign sources of oil. Three oil dis- principled leadership is an example for standards. During his tenure in the ruptions over the last two decades, the anyone who would seek a career in pub- Senate, he worked with a feverish dedi- attendant recession and inflation, and lic service. I know his dedication and cation for the people of Idaho and the finally a war, Desert Storm, involving integrity will serve as a valuable les- causes they supported. U.S. forces have educated all Ameri- son. Mr. President, STEVE SYMMSand I cans to the importance of energy secu- rarely saw eye-to-eye on most issues rity. that came before this body. But with A second objective is low energy STEVE SYMMS I always knew there prices. Mr. President, you don't often THE RETIREMENT OF SENATOR would be a spirited debate, an enlight- hear low energy prices praised in the ALAN DIXON ened discussion, a different way of national energy debate. Many have a Mr. DODD. Mr. President, this week looking at the issue. I might not al- stake in higher prices. The energy in- we part ways with Senator ALAN ways agree with STEVE SYMMS,but I dustries like higher prices because they DIXON. ALAN DIXON joined the Senate benefited from his perspective nonethe- raise profits and provide the funds for in 1981 after more than 30 years of pub- less. new exploration. The environmental lic service in Illinois government. His STEVE SYMMS' positions came strict- community likes higher prices because the Senate, like ly from the heart, and they cut consumption. And those who last 12 years here in from a deep and worry about the security of our energy his first three decades of public life, abiding commitment to conservatism. supplies like higher prices because have been marked by a relentless dedi- When STEVE SYMMS is gone, Mr. Presi- they cut U.S. oil imports. cation to the people of Illinois. dent, I will miss the debate. But low energy prices are of great ad- Like so many of our colleagues who vantage to are leaving this year, ALAN DIXON also our consumer and to our served with me on the Banking Com- THE RETIREMENT OF SENATOR economy. The unprecedented period of JOCELYN BURDICK economic growth experienced during mittee. As my successor on the the 1980's was sustained in part by the Consumer and Regulatory Affairs Sub- Mr. DODD. Mr. President, I want to collapse of oil prices in the middle of committee, he was a forceful and effec- say a few words about a woman who the decade. Had it not been for falling tive advocate for fair lending practices. has shown courage and determination oil prices, the current recession would On the Armed Services Committee, in the face of tragedy. When Quentin likely have begun much sooner. Low ALAN DIXON denounced wasteful de- Burdick died last month at the age of prices help consumers and help our fense purchases and created a "pro- 84, JOCELYN BURDICK took over for her economy. curement czar" to oversee spending at husband to become the first woman The third objective is environmental the Pentagon. ever to represent the State of North quality. There is no sector of our econ- From his first days of public service Dakota. omy that has a greater impact on the as Belleville police magistrate in 1949 While she served in this body for only environment than the energy sector, to his final days here in the Senate, a matter of weeks, JOCELYN BURDICK'S the production and consumption of en- ALAN DIXON never backed down from a bravery and strength under these dif- ergy. We control sulfur dioxide emis- fight. His spirit will be sorely missed in ficult circumstances are truly inspira- sions from our powerplants to reduce this chamber. tional. She carried on her husband's acid rain. We put catalytic converters mission with utter grace and deter- on our cars to reduce smog. We declare mination. parts of the Continental Shelf off lim- Mr. President, North Dakota is lucky its to drilling to protect marine life. THE RETIREMENT OF SENATOR to have had JOCELYN BURDICK as their We regulate strip mining of coal and BROCK ADAMS representative. And every Member of the injection of brine produced with oil Mr. DODD. Mr. President, BROCK this body is lucky to have shared these so that our lands are not despoiled. We ADAMS leaves the Senate after nearly few weeks with her. impose strict liability on ocean tank- three decades of public service for the ers to prevent oil spills. people of Washington State. BROCK We do all of that and much more to ADAMS has held several posts of dis- H.R. 776, NATIONAL ENERGY protect our environment from the ef- tinction in this Washington as well, POLICY ACT fects of energy production and con- serving as the first chairman of the Mr. CHAFEE. Mr. President, we have sumption. These measures are also a House Budget Committee in 1975 and heard a great many things about this part of our national energy policy. later as Secretary of Transportation bill. It has been characterized as a As I said these are competing objec- from 1975 to 1977. major rewrite of our Nation's energy tives. If we were willing to allow drill- BROCK ADAMS' experience as Trans- policy. It has been suggested that the ing in the Arctic National Wildlife Ref- portation Secretary later came into bill includes a bold new program to uge, we might temporarily reduce oil play as he authored measures to im- promote energy efficiency and new, re- imports and increase our energy secu- prove truck safety and to require dou- newable sources of energy-to improve rity. If we were willing to pay higher ble hulls on oil tankers. our environment and to combat the prices for alternative transportation BROCK ADAMS was a vocal opponent threat of global climate change. fuels from domestic sources, such as of military action, a vocal supporter of These characterizations make great ethanol or electricity, we could im- environmental causes, and a vocal ad- press but they are not based on the prove our security. If we were willing vocate for fairness in the Tax Code. In facts. This bill does too little to en- to put a substantial tax on gasoline, we his distinguished career of public serv- courage improvements in energy effi- could reduce the carbon dioxide emis- ice he helped shape the debate on all ciency. It does too much to promote in- lions that play a role in global warm- these issues. His fierce commitment creased use of fossil fuels and too little ing. Managing these competing objec- and dedication will be missed. to encourage the development of non- tives in the context of a world energy October 8, 1992 CONGRESSIONAL RECORD-SENA.TE 34229 market dominated by Persian Gulf oil There are small steps in this bill. Butt no fleet owner will turn to them, espe- is one of our most difficult challenges some of these small steps are in thi idaily if methanol is an option, as a nation. wrong direction. I would prefer a policy Methanol can be made from natural On Tuesday night Ross Perot bought that puts more emphasis on energy Sgas or coal. Because U.S. natural gas 30 minutes of TV time to discuss our conservation and on the use of renew - delivered by pipeline commands pro- Nation's problems. During that half able sources of energy. The conserva-- mium prices for space heating and in- hour, one of the things he said is that tion measures In this bill simply codify dustrial needs, any substantial in- we do not have a national energy pol- a business-as-usual policy, they follow Screase in methanol use would be sup- icy. When he said that, he was holding rather than lead. And to the extent plied either from foreign sources of gas up a chart showing oil imports as a that this bill encourages new domestic Sor from domestic conversion of coal. If percentage of our total consumption. energy production, the sources are the the methanol is made from foreign gas We now import almost half of the oil synfuels that come from fossilized car- supplies and then imported, our energy we use. Mr. Perot apparently thinks bon. It is too much reliance on fossil security is not improved. If produced imports are too high. He said that we fuels that already threatens our cli- from domestic coal, CO2loadings to the do not have a national energy policy mate. atmosphere will be even greater than because we have not succeeded in re- As science improves our understand- they are with the petroleum-based ducing oil imports to much lower lev- ing of the interaction between energy fuels of today. els. used and environmental quality, as we Also Important is the fact that meth- Mr. Perot then went on to compare develop new technologies for energy anol is likely to be much more expen- U.S. gasoline taxes to gasoline taxes in production and consumption, it is ap- sive than the gasoline it replaces. How the European nations. American taxes propriate that we adjust our national is our national energy policy-a bal- are relatively low. In this country, energy policy to reflect the new ance of security, price and environ- combined Federal and State gasoline science and to take full advantage of ment-improved by mandating the use taxes average about 30 cents per gallon. new technology. One factor that must of methanol as a transportation fuel? In Europe they are much higher: $2.57 in shaping our fu- How in Britain; $3.09 In France; $3.92 in be given more weight can that option be justified while ture energy policy is the possibility of modest increases in CAFE are rejected? Italy. If gasoline taxes in the United global warming and other climate There are alternative energy sources States were $3 per gallon, it is certain changes caused by human activity. that are domestic and that are better that our imports would be much lower. for the environment. Some of these are However, a European-type gasoline tax There is enough science available now for real concern. We are perhaps only appropriate for use outside the would have a devastating effect on our not ready transportation economy. We would have much lower to make radical changes in sector, but they could imports but also a much slower econ- our energy policy, with wrenching eco- make a significant contribution never- omy. nomic effects, in an effort to head off theless. We should be doing more to en- Mr. Perot mentioned Marie Antoi- the build up of carbon dioxide in the courage their development and use. nette, the French queen who said, "Let atmosphere. But there are many things Solar and wind energy will not get them eat cake," in his talk on Tuesday that we can do to save energy and to much of a boost from this bill. Natural evening. Just as Marie Antoinette was use renewable resources that will pro- gas and coal are big winners. And there wrong about the availability of cake in tect the climate without significant are conservation strategies for build- 18th century France, Mr. Perot is economic sacrifice. Most of these meas- ings, lighting, appliances, industry and wrong about the availability of energy ures also have the additional benefit of transportation that could have been tax dollars in late 20th-century United reducing oil imports. H.R. 776 makes pushed much more aggressively. States. Without a massive overhaul of too little of those opportunities. There are other pluses and minuses our tax system, American consumers Let me give you just one specific ex- In the bill. On the plus side, H.R. 776 and voters would reject $3 per gallon ample. This bill contains no change in does encourage least cost planning by gasoline taxes. the corporate average fuel economy electric utilities. Many utilities, in- It is not correct to say that we have standards that govern automobile fuel cluding the New England Electric Sys- no national energy policy. We have a efficiency. CAFE amendments were tem, have championed energy con- policy. But it is not a policy that seeks considered by the Energy and Natural servation programs to deal with load to reduce imports at any cost. We want Resources Committee and were re- growth and they have had great suc- to reduce imports but we also must ported by the Senate Commerce Com- cess. The reforms to the Public Utility consider the pocketbooks of our con- mittee. But no upward adjustment Holding Company Act that are in- sumers and the quality of our environ- from the current standard of 27.5 mpg cluded in this bill will help hold down ment. Current U.S. energy policy is was made, even though we know there electric prices by bringing new com- sometimes described as market-based. are available technologies that can petition to the utility sector. It reflects the price decontrol decisions achieve significant improvements in Among the minuses, perhaps the made by President Reagan in early fuel economy without great cost. most troubling in the role assigned to 1981,the lack of any substantial energy We can understand that CAFE is con- the National Academy of Sciences to taxes and little regulation of energy troversial and could not be included develop radiation protection standards consumption decisions. It is a policy here. But what is offered in its place? for any waste repository that might be designed to reap the economic benefits An alternative fuel requirement for located at Yucca Mountain, NV. By re- of low prices. fleets of cars and trucks. H.R. 776 man- quiring that EPA adopt any NAS rec- The energy bill now before the Sen- dates that all governments and some ommendations, the bill limits the pub- ate cannot be called a new national en- private companies operating large lic scrutiny and participation that ergy policy. H.R. 776 will not do much fleets of cars and trucks use alter- would otherwise be brought to bear on to reduce oil imports. This bill has no native fuels. That would be fine if it the development of these important gasoline tax. It does not include a wasn't for the fact that alternative standards. sweeping mandate for alternative fuels fuels, as defined in this legislation, Mr. President, I admire the members or conservation programs that will dra- generally means methanol. of the Energy and Natural Resources matically change the shape of U.S. en- There are some specialty markets for Committee for their perseverance In ergy policy. Measured by any of the compressed natural gas, but natural this very difficult field. As I have said, three objectives, security, price or en- gas will never make a substantial con- the struggle to manage the competing vironmental protection, this bill fails tribution to total transportation fuel goals that define a national energy pol- to break new ground. This is a bill that uses in the United States. And the icy, and to do it in the context of car- continues the status quo in the big pic- other alternatives, principally ethanol tels, embargoes, recessions, revolu- ture terms of energy policy. and electricity, are so expensive that tions, and wars, in one of the most dif-