12616 CONGRESSIONAL RECORD-SENATE June 10, 1994 SENATE-Friday, June 10, 1994

(Legislative day of Tuesday, June 7, 1994)

The Senate met at 10 a.m., on the ex­ the Senator from Hawaii [Mr. INOUYE], Pending: piration of the recess, and was called to the Senator from New Jersey [Mr. LAU­ (1) D'Amato amendment No. 1775, to estab­ order by the Acting President pro tem­ TENBERG], and the Senator from Vir­ lish a special subcommittee within the Com­ mittee on Banking, Housing, and Urban Af­ pore [Mrs. MURRAY]. ginia [Mr. ROBB] are necessarily ab­ fairs to conduct an investigation into allega­ sent. tions concerning the Whitewater Develop­ PRAYER Mr. SIMPSON. I announce that the ment Corp., Madison Guaranty Savings & The Chaplain, the Reverend Richard Senator from Utah [Mr. BENNETT], the Loan Association, and Capital Management C. Halverson, D.D., offered the follow­ Senator from North Carolina [Mr. Services, Inc, and other related matters. ing prayer: FAIRCLOTH], the Senator from Texas (2) Mitchell amendment No. 1776 (to [Mr. GRAMM], and the Senator from Amendment No. 1775), in the nature of a sub­ Let us pray: stitute. Come unto me, all ye that labor and are Texas [Mrs. HUTCHISON] are necessarily absent. Mr. MITCHELL addressed the Chair. heavy laden, and I will give you rest.­ The ACTING PRESIDENT pro tem­ Matthew 11:28. The ACTING PRESIDENT pro tem­ pore. Are there any other Senators in pore. The majority leader. Gracious Lord, we thank You for this Mr. MITCHELL. Madam President, loving invitation and pray that all who the Chamber who desire to vote? what is the pending business? have need will respond. In our large The result was announced-yeas 78, The ACTING PRESIDENT pro tem­ Senate family, many may be hurting nays 13, as follows: pore. The pending question is the and most of us know nothing about it. [Rollcall Vote No. 134 Leg.] Mitchell amendment No. 1776. This morning we pray for every person YEAS-78 Mr. MITCHELL. I suggest the ab­ among the Senators and their families, Akaka Exon Mathews sence of a quorum. all the staffs and their families, the Baucus Feingold Metzenbaum The ACTING PRESIDENT pro tem­ pages and their families. Bingaman Feinstein Mikulski Bond Ford Mitchell pore. The absence of a quorum has been God of love and mercy, be with those Boxer Glenn Moseley-Braun suggested. The clerk will call the roll. who are ill-in home or hospital. Make Bradley Gorton Moynihan The legislative clerk proceeded to them conscious of the presence of the Breaux Graham Murray call the roll. Brown Grassley Nunn Mr. DOLE. Madam President, I ask Great Physician. May they experience Bryan Gregg Packwood His healing power. Be with any who Bumpers Harkin Pell unanimous consent that the order for may have lost a loved one. Comfort Byrd Hatch Pressler the quorum call be rescinded. them in their grief. Be with every fam­ Campbell Hatfield Pryor The ACTING PRESIDENT pro tem­ Chafee · Heflin Reid ily that is experiencing alienation. Coats Hollings Riegle pore. Without objection, it is so or­ Lead them in the way of reconciliation Cochran Jeffords Rockefeller dered. and the restoration of relationships. Cohen Johnston Roth Conrad Kassebaum Sarbanes We pray for husbands and wives who Coverdell Kennedy Sasser THE MEN OF D-DA Y are struggling with their own relation­ Danforth Kerrey Shelby ships, with their children, or with their Dasch le Kerry Simon Mr. DOLE. Madam President, earlier financial situation. DeConcini Kohl Simpson this week I had the honor to be present Dodd Leahy Smith for ceremonies commemorating the Loving Savior, give each one who has Dole Levin Stevens a need, the grace to receive Your rest Domenici Lieberman Thurmond 50th anniversary of D-day. I stood at and strength and let Thy blessing abide Dorgan Lugar Wellstone Utah Beach, Omaha Beach, and the upon all who labor here and their loved Durenberger Mack Wofford American cemetery at Colleville, re­ ones. NAYS-13 flecting on the sacrifice of Americans, In the name of the Great Physician, Burns Lott Specter Poles, British, Canadians, French, and we pray. Amen. Craig McCain Wallop many more who fought and died on the D'Amato McConnell Warner beaches of Normandy. Earlier, I was in Helms Murkowski Italy for ceremonies commemorating Kempthorne Nickles RESERVATION OF LEADER TIME the landings at Anzio and Nettuno, ar. l NOT VOTING-9 for the liberation of Rome. The ACTING PRESIDENT pro tem­ Bennett Faircloth Inouye The importance of the ceremonies pore. Under the previous order, leader­ Bi den Gramm Lau ten berg was brought home to me when a young ship time is reserved. Boren Hutchison Robb American lady-traveling with her So the motion was agreed to. grandfather, a veteran of D-day-said to me: "I never understood the mean­ VOTE ON MOTION TO INSTRUCT ing of American leadership until I THE SERGEANT AT ARMS FEDERAL AVIATION ADMINISTRA­ TION AUTHORIZATION ACT OF came to Normandy." The ACTING PRESIDENT pro tem­ Leadership is what D-day was all 1994 pore. Under the previous order, the about and it is a lesson that spans gen­ Senate will now proceed to vote on a The ACTING PRESIDENT pro tem­ erations. Many nations contributed, motion to instruct the Sergeant at pore. The clerk will report the pending but D-day never would have happened Arms to request the presence of absent business. without American leadership-at all Senators. The assistant legislative clerk read levels. American leadership from the The yeas and nays have been ordered as follows. man from Abilene, Dwight David Ei­ and the clerk will call the roll. A bill (S. 1491) to amend the Airport and senhower, who commanded allied The legislative clerk called the roll. Airway Improvement Act of 1982 and author­ forces on D-day, to Walt Ehlers, a hum­ Mr. FORD. I announce that the Sen­ ize appropriations, and for other purposes. ble sergeant from Junction City, KS. ator from Delaware [Mr. BIDEN], the The Senate resumed consideration of We all know the story of General Ei­ Senator from Oklahoma [Mr. BOREN], the bill. senhower-his careful planning, and his

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. June 10, 1994 CONGRESSIONAL RECORD-SENATE 12617 agonizing decision to move ahead with Entered service at: Garden City, N.Y. ten request for this mission was approved the landing despite a less than ideal Born: 11 August 1916, Enid, Okla. and he landed with the first wave of the G.O. No.: 1, 4 January 1945. forces assaulting the enemy-held beaches. He weather forecast. However, other sto­ Citation: For conspicuous gallantry and in­ ries of American leadership in D-day repeatedly led groups from the beach, over trepidity above and beyond the call of duty the seawall and established them inland. His are not as well known. on 5 June 1944, when he led a Heavy Bom­ valor, courage, and presence in the very The story of Walt Ehlers is told in a bardment Group, in an attack against de­ front of the attack and his complete uncon­ pamphlet I read this week, describing fended enemy coastal positions in the vicin­ cern at being under heavy fire inspired the Congressional Medal of Honor winners ity of Wimeraux. France. Approaching the troops to heights of enthusiasm and self-sac­ during the Normandy campaign. The target, his aircraft was hit repeatedly by rifice. Although the enemy had the beach stories of heroism and bravery are in antiaircraft fire which seriously crippled the under constant direct fire, Brig. Gen. Roo­ the finest tradition of American mili­ ship, killed the pilot, and wounded several sevelt moved from one locality to another, tary leadership. The story of Lt. Col. members of the crew, including Lt. Col. rallying men around him, directed and per­ Leon Vance who landed his bomber de­ Vance, whose right foot was practically sev­ sonally unfaltering leadership, assault ered. In spite of his injury, and with 3 en­ troops reduced beach strong points and rap­ spite serious wounds which prevented gines lost to the flak, he led his formation idly moved inland with minimum casualties. him from even looking out the plane's over the target, bombing it successfully. He thus contributed substantially to the suc­ windshield. The story of Lt. Jimmie After applying a tourniquet to his leg with cessful establishment of the beachhead in Montieth who rallied troops in the crit­ the aid of the radar operator, Lt. Col. Vance, France. ical first hours at Omaha Beach, led realizing that the ship was approaching a Pinder, John J., Jr. tanks through minefields, and made stall altitude with the 1 remaining engine failing, struggled to a semi-upright position Rank and organization: Technician Fifth the ultimate sacrifice on June 6, 1944. Grade, U.S. Army, 16th Infantry, 1st Infantry All American military units had beside the copilot and took over control of the ship. Cutting the power and feathering Division. their share of heroes. The 10th Moun­ the last engine he put the aircraft in glide Place and date: Near Colleville-sur-Mer, tain Division in which I served in Italy, sufficiently steep to maintain his airspeed. France, 6 June 1944. had many. Men like Pvt. John Gradually losing altitude, he at last reached Entered service at: Burgettstown. Pa. McGrath, the lOth's only Medal of the English coast, whereupon he ordered all Birth: McKees Rock, Pa. Honor winner. On hill 909 on April 14, members of the crew to bail out as he knew G.O. No.: 1, 4 January 1945. 1944, Private McGrath captured two they would all safely make land. But he re­ Citation: For conspicuous gallantry and in­ German machinegun positions and led ceived a message over the interphone system trepidity above and beyond the call of duty which led him to believe 1 of the crew­ on 6 June 1944, near Colleville-sur-Mer, his company after the commander had France. On D-day, Technician 5th Grade been killed. Private McGrath lost his members was unable to jump due to injuries; so he made the decision to ditch the ship in Pinder landed on the coast 100 yards off life later that day trying to gather a the channel, thereby giving this man a shore under devastating enemy machinegun casualty report of his fallen comrades. chance for life. To add further to the danger and artillery fire which caused severe casual­ Much has been said and written of ditching the ship in his crippled condition, ties among the boatload. Carrying a vitally about D-day in the last few weeks. But there was a 500-pound bomb hung up in the important radio, he struggled towards shore no stories are more eloquent than the bomb bay. Unable to climb into the seat va­ in waist-deep water. Only a few yards from stories of the Normandy Medal of cated by the copilot, since his foot, hanging his craft he was hit by enemy fire and was Honor winners. Last Saturday after the on to his leg by a few tendons, had become gravely wounded. Technician 5th Grade liberation of Rome ceremonies, and lodged behind the copilot's seat, he neverthe­ Pinder never stopped. He made shore and de­ less made a successful ditching while lying livered the radio. Refusing to take cover af­ again last Monday before the Omaha forded, or to accept medical attention for his Beach ceremonies, I had the honor and on the floor using only aileron and elevators for control and the side window of the cock­ wounds, Technician 5th Grade Pinder, the privilege of meeting Walt Ehlers, pit for visual reference. On coming to rest in though terribly weakened by loss of blood the hero from Kansas, and the only sur­ the water the aircraft commenced to sink and in fierce pain, on 3 occasions went into viving Medal of Honor winner from the rapidly with Lt. Col. Vance pinned in the the fire-swept surf to salvage communica­ Normandy campaign. The world cockpit by the upper turret which had tion equipment. He recovered many vital watched last Monday as Walt Ehlers crashed in during the landing. As it was set­ parts and equipment, including another spoke on Omaha Beach exactly 50 years tling beneath the waves an explosion oc­ workable radio. On the 3rd trip he as again curred which threw Lt. Col. Vance clear of hit, suffering machinegun bullet wounds in after he landed on the shores of Eu­ the legs. Still this valiant soldier would not rope. Walt Ehlers lost a brother that the wreckage. After clinging to a piece of floating wreckage until he could muster stop for rest or medical attention. Remain­ day in the fighting. Today, he is a enough strength to inflate his life vest he ing exposed to heavy enemy fire, growing grandfather who speaks not of the begain searching for the crewmember whom steadily weaker, he aided in establishing the glory of war, but of the honor of he believed to be aboard. Failing to find any­ vital radio communication on the beach. scarifice-sacrifice which made the one he began swimming and was found ap­ While so engaged this dauntless soldier was world safe for his grandchildren and for proximately 50 minutes later by an Air-Sea hit for the third time and killed. The indomi­ future generations of Americans. Rescue craft. By his extraordinary flying table courage and personal bravery of Tech­ skill and gallant leadership, despite his nician 5th Grade Pinder was a magnificent I salute all the veterans of World War inspiration to the men with whom he served. Two-those of Normandy and the Euro­ grave injury, Lt. Col. Vance led his forma­ pean theater, those in my part of the tion to a successful bombing of the assigned Monteith, Jimmie W., Jr. war in Italy, and those in the Pacific target and returned the crew to a point Rank and organization: First Lieutenant, where they could bail out with safety. His U.S. Army, 16th Infantry, 1st Infantry Divi­ theater. gallant and valorous decision to ditch the sion. Madam President, I ask consent that aircraft in order to give the crewmember he Place and date: Near Colleville-sur-Mer, the stories of the American heroes who believed to be aboard a chance for life exem­ France, 6 June 1944. were awarded the Medal of Honor in plifies the highest traditions of the U.S. Entered service at: Richmond, Va. the Normandy campaign be printed in Armed Forces. Born: 1July1917, Low Moor, Va. the RECORD. Roosevelt, Theodore, Jr. G.O. No.: 20, 29 March 1945. There being no objection, the mate­ Rank and organization: Brigadier General, Citation: For conspicuous gallantry and in­ rial was ordered to be printed in the U.S. Army. trepidity above and beyond the call of duty RECORD, as follows: Place and date: Normandy Invasion, 6 June on 6 June 1944, near Colleville-sur-Mer, [From "The Congressional Medal of Honor: 1944. France. 1st Lt. Monteith landed with the ini­ The Names, the Deeds"] Entered Service at: Oyster Bay, N.Y. tial assault waves on the coast of France Birth: Oyster Bay, N.Y. under heavy enemy fire. Without regard to HEROES G.O. No.: 77, 28 September 1944. his own personal safety he continually D-DAY Citation: For gallantry and intrepidity at moved up and down the beach reorganizing Vance, Leon R. , Jr. (Air Mission) the risk of his life above and beyond the call men for further assault. He then led the as­ Rank and organization: Lieutenant Colo­ of duty on 6 June 1944, in France. After 2 sault over a narrow protective ledge and nel, U.S. Army Corps, 489th Bomber Group. verbal requests to accompany the leading as­ across the flat, exposed terrain to the com­ Place and date: Over Wimeraux, France, 5 sault elements in the Normandy invasion parative safety of a cliff. Retracing his steps June 1944. had been denied, Brig. Gen. Roosevelt's writ- across the field to the beach, he moved over 79-059 0-97 Vol. 140 (Pt. 9) 21 12618 CONGRESSIONAL RECORD-SENATE June 10, 1994 to where 2 tanks were buttoned up and blind tinuing along the trench, he singlehandedly him en route. Then crawling forward under under violent enemy artillery and machine­ forced the surrender of 32 more riflemen, withering machinegun fire, he pounced upon gun fire. Completely exposed to the intense captured the machine gunners. and opened the guncrew and put it out of action. Turn­ fire, 1st Lt. Monteith led the tanks on foot the way for the leading elements of the bat­ ing his attention to 2 motars protected by through a minefield and into firing positions. talion to advance and secure its objective. the crossfire of 2 machineguns, S/Sgt. Ehlers Under his direction several enemy positions The extraordinary gallantry and aggressive­ led his men through this hail of bullets to were destroyed. He then rejoined his com­ ness displayed by T/Sgt. Peregory are exem­ kill or put to flight the enemy of the mortar pany and under his leadership his men cap­ plary of the highest tradition of the armed section, killing 3 men himself. After mop­ tured an advantageous position on the hill. forces. ping up the mortar positions, he again ad­ Supervising the defense of his newly won po­ DeGlopper. Charles N. vanced on a machine gun, his progress effec­ sition against repeated vicious counter­ Rank and organization: Private First tively covered by his squad. When he was al­ attacks, he continued to ignore his own ter­ Class, U.S. Army, Co. C, 325th Glider Infan­ most on top of the gun he leaped to his feet rain under heavy fire to strengthen links in try, 82d Airborne Division. and, although greatly outnumbered, he his defensive chain. When the enemy suc­ Place and date: Merderet River at la Fiere, knocked out the position singlehanded. The ceeded in completely surrounding 1st Lt. France, 9 June 1944. next day, having advanced deep into enemy Monteith and his unit and while leading the territory, the platoon of which S/Sgt. Ehlers fight out of the situation, 1st Lt. Monteith ' Entered service at: Grand Island, N.Y. Birth: Grand Island, N.Y. was a member, finding itself in an untenable was killed by enemy fire. The courage, gal­ position as the enemy brought increased lantry, and intrepid displayed by 1st Lt. G.O. No.: 22, 28 February 1946. Citation: He was a member of Company C, mortar, machinegun, and small-arms fire to Monteith is worthy of emulation. 325th Glider Infantry, on 9 June 1944 advanc­ bear on it, was ordered to withdraw. S/Sgt. Barrett, Carlton W. Ehlers, after his squad had covered the with­ ing with the forward platoon to secure a drawal of the remainder of the platoon, stood Rank and organization: Private, U.S. bridgehead across the Merderet River at La Army, 18th Infantry, 1st Infantry Division. Fiere, France. At dawn the platoon had pene­ up and by continuous fire at the semicircle Place and date: Near St. Laurent-sur-Mer, trated an out line of machineguns and rifle­ of enemy placements, diverted the bulk of France, 6 June 1944. men, but in so doing had become cut off from the heavy hostile fire on himself, thus per­ mitting the members of his own squad to Entered service at: Albany, N.Y. the rest of the company. Vastly superior withdraw. At this point, though wounded Born: Fulton, N.Y. forces began a decimation of the stricken G.O. No.: 78, 2 October 1944. unit and put in motion a flanking maneuver himself, he carried his wounded automatic Citation: For gallantry and intrepidity at which would have completely exposed the rifleman to safety and then returned fear­ the risk of his life above and beyond the call American platoon in a shallow roadside ditch lessly over the shell-swept field to retrieve of duty on 6 June 1944, in the vicinity of St. where it had taken cover. Detecting this the automatic rifle which he was unable to Laurent-sur-Mer, France. On the morning of danger, Pfc. DeGlopper volunteered to sup­ carry previously. After having his wound D-day Pvt. Barrett, landing in the face of ex­ port his comrades by fire from his automatic treated, he refused to be evacuated, and re­ tremely heavy enemy fire, was forced to rifle while they attempted a withdrawal turned to lead his squad. The intrepid leader­ wade ashore through neck-deep water. Dis­ ship, indomitable courage, and fearless ag­ through a break in a hedgerow 40 yards to gressiveness displayed by S/Sgt. Ehlers in regarding the personal danger, he returned the rear. Scorning a concentration of enemy to the surf again and again to assist his automatic weapons and rifle fire, he walked the face of overwhelming enemy forces serve floundering comrades and save them from from the ditch onto the road in full view of as an inspiration to others. drowning. Refusing to remain pinned down the Germans, and sprayed the hostile posi­ DeFranzo, Arthur F . by the intense barrage of small-arms and tions with assault fire. He was wounded, but Rank and organization: Staff Sergeant, mortar fire poured at the landing points, he continued firing. Struck again, he started U.S. Army, 1st Infantry Division. Pvt. Barrett, working with fierce determina­ to fall; and yet his grim determination and Place and date: Near Vaubadon, France, 10 tion, saved many lives by carrying casualties valiant fighting spirit could not be broken. June 1944. to an evacuation boat lying offshore. In addi­ Kneeling in the roadway, weakened by his Entered service at: Saugus, Mass. tion to his assigned mission as guide; he car­ grievous wounds, he leveled his heavy weap­ Birth: Saugus, Mass. ried dispataches the length of the fire-swept on against the enemy and fired burst after G.O. No.: 1, 4 January 1945. beach; he assisted the wounded; he calmed burst until killed outright. He was successful Citation: For conspicuous gallantry and in­ the shocked; he arose as a leader in the in drawing the enemy action away from his trepidity at the risk of his life, above and be­ stress of the occasion. His coolness and his fellow soldiers, who continued the fight from yond the call of duty, on 10 June 1944, near dauntless daring courage while constantly Vaubadon, France. As scouts were advancing a more advantageous position and estab­ across an open field, the enemy· suddenly risking his life during a period of many lished the first bridgehead over the hours had an inestimable effect on his com­ Merderet. In the area where he made his in­ opened fire with several machineguns and hit rades and is in keeping with the highest tra­ trepid stand his comrades later found the 1 of the men. S/Sgt. DeFranzo courageously ditions of the U.S. Army. ground strewn with dead Germans and many moved out in the open to the aid of the machineguns and automatic weapons which wounded scout and was himself wounded but Peregory, Frank D. brought the man to safety. Refusing aid, S/ Rank and organization: Technical Ser­ he had knocked out of action. Pfc. DeGlopper's gallant sacrifice and unflinching Sgt. DeFranzo reentered the open field and geant, U.S. Amy, Company K, 116th Infantry, led the advance upon the enemy. There were 29th Infantry Division. heroism while facing unsurmountable odds were in great measure responsible for a high­ always at least 2 machineguns bringing unre­ Place and date: Grandcampe, France, 8 lenting fire upon him, but S/Sgt. DeFranzo June 1944. ly important tactical victory in the Nor­ mandy Campaign. kept going forward, firing into the enemy Entered service at: Charlottesville, Va. and 1 by 1 the enemy emplacements became Born: 10 April 1915, Esmont, Va. Ehlers, Walter D. silent. While advancing he was again wound­ G.O. No.: 43, 30 May 1945. Rank and organization: Staff Sergeant, ed, but continued on until he was within 100 Citation: On 8 June 1944, the 3d Battalion U.S. Army, 18th Infantry, 1st Infantry Divi­ yards of the enemy position and even as he of the 116th Infantry was advancing on the sion. fell, he kept firing his rifle and waving his strongly held German defenses at Place and date: Near Goville, France, 9-10 men forward. When his company came up be­ Grandcampe, France, when the leading ele­ June 1944. hind him, S/Sgt. DeFranzo, despite his many ments were suddenly halted by decimating Entered service at: Manhattan, Kans. severe wounds, suddenly raised himself and machinegun fire from a firmly entrenched Birth: Junction City, Kans. once more moved forward in the lead of his enemy force on the high ground overlooking G.O. No.: 91 , 19 December 1944. men until he was again hit by enemy fire. In the town. After numerous attempts to neu­ Citation: For conspicuous gallantry and in­ a final gesture of indomitable courage, he tralize the enemy position by supporting ar­ trepidity at the risk of his life above and be­ threw several grenades at the enemy ma­ tillery and tank fire had proved ineffective, yond the call of duty on 9-10 June 1944, near chinegun position and completely destroyed T/Sgt. Peregory, on his own initiative, ad­ Goville, France. S/Sgt. Ehlers, always acting the gun. In this action, S/Sgt. DeFranzo lost vanced up the hill under withering fire, and as the spearhead of the attack, repeatedly his life, but by bearing the brunt of the worked his way to the crest where he discov­ led his men against heavily defended enemy enemy fire in leading the attack, he pre­ ered an entrenchment leading to the main strong points exposing himself to deadly hos­ vented a delay in the assault which would enemy fortifications 200 yards away. Without tile fire whenever the situation required he­ have been of considerable benefit to the foe, hesitating, he leaped into the trench and roic and courageous leadership. Without and he made possible his company's advance moved toward the emplacement. Encounter­ waiting for an order, S/Sgt. Ehlers, far ahead with a minimum of casualties. The extraor­ ing a squad of enemy riflemen, he fearlessly of his men, led his squad against a strongly dinary heroism and magnificent devotion to attacked them with handgrenades and bayo­ defended enemy strong point, personally the duty displayed by S/Sgt. DeFranzo was a net, killed 8 and forced 3 to surrender. Con- killing 4 of an enemy patrol who attacked great inspiration to all about him, and is in June 10, 1994 CONGRESSIONAL RECORD-SENATE 12619 keeping with the highest traditions of · the Place and date: Near Fort du Roule, the New York Times entitled, "Goals armed forces. France, 25 June 1944. Collide in Cable TV Rate Plan." It is Cole, Robert G. Entered service at: Fairmont, Ill. Born: 19 May 1917, Borton, Ill. virtually impossible to regulate lower Rank and organization: Lieutenant Colo­ prices without stagnating the develop­ nel, U.S. Army, lOlst Airborne Division. G.O. No.: 49, 28 June 1945. Place and date: Near Carentan, France, 11 Citation: On the morning of 25 June 1944 , ment of new services. No doubt about June 1944. near Fort du Roule, guarding the approaches it, the FCC could have made the proc­ Entered service at: San Antonio, Tex. to Cherbourg, France, 1st Lt. Ogden's com­ ess a whole lot simpler. But Congress is Birth: Fort Sam Houston, Tex. pany was pinned down by fire from a German to be blamed, too. After all, it was Con­ G.O. No.: 79, 4 October 1944. 88-mm. gun and 2 machineguns. Arming him­ gress which told the FCC to devise a Citation: For gallantry and intrepidity at self with an Ml rifle, a grenade launcher, and the risk of his own life, above and beyond the regulatory scheme. a number of rifle and handgrenades, he left For instance, the cable law requires call of duty on 11 June 1944, in France. Lt. his company in position and advanced alone Col. Cole was personally leading his battal­ under fire, up the slope toward the enemy the FCC to develop regulations that ion in forcing the last 4 bridges on the road emplacements. Struck on the head and would simulate price structures if a to Carentan when his entire unit was sud­ knocked down by a glancing machinegun cable TV system had competition. The denly pinned to the ground by intense and bullet, 1st Lt. Ogden, in spite of his painful idea was we all knew competition withering enemy rifle, machinegun, mortar, wound and enemy fire from close range con­ brings lower prices and better services. and artillery fire placed upon them from tinued up the hill. Reaching a vantage point, However, instead of taking the well-prepared and heavily fortified positions he silenced the 88-mm. gun with a well­ within 150 yards of the foremost elements. straightforward approach of injecting placed rifle grenade and then, with hand­ real competition, which I advocated, After the devastating and unceasing enemy grenades, knocked out the 2 machineguns, fire had for over 1 hour prevented any move again being painfully wounded. 1st Lt. Congress saw fit to create the most and inflicted numerous casualties, Lt. Col. Ogden's heroic leadership and indomitable complicated, confusing way of mimick­ Cole, observing this almost hopeless situa­ courage in along silencing these enemy ing competition imaginable. I guess tion, courageously issued orders to assault weapons inspired his men to greater effort today they call that virtual reality. the enemy positions with fixed bayonets. and cleared the way for the company to con­ Well that is fine if we are writing With utter disregard for his own safety and tinue the advance and reach its objectives. completely ignoring the enemy fire, he rose science fiction. But Congress writes to his feet in front of his battalion and with Kelly, John D. policy. And to set good policy, we drawn pistol shouted to his men to follow Rank and organization: Technical Ser­ should deal in reality. him in the assault. Catching up a fallen geant (then Corporal), U.S. Army, Company The fact is that technology is devel­ man's rifle and bayonet, he charged on and E, 314th Infantry, 79 Infantry Division. oping faster than Congress can re­ led the remnants of his battalion across the Place and date: Fort Du Roule, Cherbourg, spond. The fact is that competition bullet-swept open ground and into the enemy France, 25 June 1944. Entered service at: Cambridge Springs, Pa. should replace monopoly regulation. position. His heroic and valiant action in so The fact is that current regulatory pol­ inspiring his men resulted in the complete Birth: Venango Township, Pa. establishment of our bridgehead across the G.0. No.: 6, 24 January 1945 icy shackles American communica­ Douve River. The cool fearlessness, personal Citation: For conspicuous gallantry and in­ tions companies. The fact is that all bravery, and outstanding leadership dis­ trepidity at the risk of his life above and be­ forms and levels of government have played by Lt. Col. Cole reflected great credit yond the call of duty. On 25 June 1944, in the confused communications businesses to upon himself and are worthy of the highest vicinity of Fort du Roule, Cherbourg, the point that sound, long-term deci­ praise in the military service. France, when Cpl. Kelly's unit was pinned sions cannot be made. Butts, John E. down by heavy enemy machinegun fire ema­ nating from a deeply entrenched strongpoint Madam President, we will be judged Rank and organization: Second Lieuten­ on the slope leading up to the fort, Cpl. Kelly by how we respond to these realities. ant, U.S. Army, Co. E, 60th Infantry, 9th In­ One thing is certain, we should not use fantry Division. volunteered to attempt to neutralize the Place and Date: Normandy, France, 14, 16 strongpoint. Arming himself with a pole the Cable TV Act as the model. and 23 June 1944. charge about 10 feet long and with 15 pounds CABLE TV REGULATIONS ARE IMMENSE Entered service at: Buffalo, N.Y. of explosive affixed, he climbed the slope Almost 2 years have gone by since we Birth: Medina, N.Y. under a withering blast of machinegun fire passed that law. Officially, cable rate G.O. No.: 58, 19 July 1945. and placed the charge at the strongpoint's regulations went into effect on May 15. Citation: Heroically led his platoon against base. The subsequent blast was ineffective, the enemy in Normandy, France, on 14, 16, and again, alone and unhesitatingly, he However, most consumers will not see and 23 June 1944. Al though painfully wound­ .braved the slope to repeat the operation. The any changes until July 14, 1994. It is my ed on the 14th near Orglandes and again on second blast blew off the ends of the enemy understanding that the FCC allowed the 16th while spearheading an attack to es­ guns. Cpl. Kelly then climbed the slope a this phase-in period because it realized tablish a bridgehead across the Douve River, third time to place a pole charge at the that its rules were so complicated. he refused medical aid and remained with his strongpoint's rear entrance. When this had This is amusing in light of FCC platoon. A week later, near Flottemanville been blown open he hurled handgrenades in­ Chairman Hundt's assurances that the Hague, he led an assault on a tactically im­ side the position, forcing survivors of the rules were not complicated. In fact, his portant and stubbornly defended hill studded enemy guncrews to come out and surrender. with tanks, antitank guns pillboxes and ma­ The gallantry, tenacity of purpose and utter chief of staff insisted that the FCC's chinegun emplacements and protected by disregard for personal safety displayed by cable regulations were only 14 pages concentrated artillery and mortar fire. As Cpl. Kelly were an inc en ti ve to his comrades long and that I misrepresented the the attack was launched 2d Lt. Butts, at the and worthy of emulation by all. Commission's work when I stated that head of his platoon, was critically wounded the paper trail exceeded 500 pages. by German machinegun fire. Although weak­ Well, he would be correct if he was ened by his injuries, he rallied his men and LOST IN CYBERSPACE only referring to the Commission's 14- directed 1 squad to make a flanking move­ ment while he alone made a frontal assault Mr. DOLE. Madam President, tele­ page ruling on benchmarks. However, I to draw the hostile fire upon himself. Once communications policymaking is like was also including the 11-page ruling more he was struck, but by grim determina­ our space program. We are exploring on cost of service, the 475 pages of sup­ tion and sheer courage continued to crawl the unknown. But while Houston porting documents and new proposals, ahead. When within 10 yards of his objective, ground control keeps our spacecraft the 93 pages of forms and instructions he was killed by direct fire. By his superb from getting lost, Congress cannot that every cable operator must read courage, unflinching valor and inspiring ac­ seem to do the same for our tele­ and fill out, and the additional 54 pages tions, 2d Lt. Butts enabled his platoon to take a formidable strong point and contrib­ communications policy. In fact, it of forms and instructions for those who uted greatly to the success of his battalion's seems that our proregulator friends are choose cost-of-service regulation. That mission. lost in cyberspace. "Earth to regulator. is 647 pages of paperwork. Stack those Ogden, Carlos C. Come in regulator." I have been wait­ pages end to end and they would be Rank and organization: First Lieutenant, ing for years, and still no answer. taller than the Washington Monument. U.S. Army, Company K, 314th Infantry, 79th News stories across the Nation con­ And, it does not stop there. The Com­ Infantry Division. firm my fears. I came across a story in mission has released corrections, and it 12620 CONGRESSIONAL RECORD-SENATE June 10, 1994 is my understanding that form 1211 and Greene that is. But that is what hap- FEDERAL AVIATION ADMINISTRA- its instructions have yet to be released. pens when Congress steps up to its re- TION AUTHORIZATION ACT OF REGULATIONS STAGNATE INNOVATION sponsibilities. 1994 Madam President, the Cable TV Act The Senate continued with the con­ and our current forays into commu­ sideration of the bill. nications policy reminds me of those Mr. MITCHELL. Madam President, crazy Rube Goldberg contraptions. You CUBA noting the presence of the distin­ know, let us see how complicated we guished Republican leader on the floor, can make a simple task like opening a Mr. DOLE. Madam President, last weekend, a boat with dozens of Cubans I wonder if I might direct an inquiry to door. The problem is that instead of him. opening the door to future innovation, fleeing Castro's tyranny was attacked by Cuba's Coast Guard. Four people As the distinguished leader knows, regulators are slamming it shut. we debated several hours yesterday the We all know the most recent cable were wounded by gunfire in the attack, at least one of them a child. The ship resolution on the Whitewater matter. TV rate rollback helped scuttle major We were prepared to vote last evening deals. But what is business supposed to was eventually rescued by the U.S. do when the Government establishes Coast Guard in interntional waters, but were told our colleagues would not contradictory, arbitrary rules and later and made it to safety. The Cuban Gov­ permit a vote to occur and are prepared changes them? Instead, we should es­ ernment will even attack children flee­ to vote today. tablish clear-cut policies that will pro­ ing Castro's island prison. I would like to inquire of my col­ This is just the latest example of league whether or not the Republican vide these companies the security to colleagues will be prepared to permit a make long-term investments. If we do what more than 30 years of repression not construction of the so-called infor­ has done to the Cuban people. But after vote to occur today on the matter. mation superhighway will face unwar­ three decades, Castro's dictatorship is Mr. DOLE. I hope that will be the ranted delay. teetering. He has lost his patrons in case, I say to the majority leader. We In fact, the regulatory road we are the Soviet Union. His efforts to spread will be discussing it in our Cloakroom. heading down right now will wreck revolution in Latin America failed dis­ A number of our colleagues have come some companies that would have sur­ mally. His troops are out of Africa. The in who have been outside the city. vived under competition. Chairman Cuban economy is in a shambles while We hope we can accommodate this Hundt was certainly correct when he the Cuban jails are full. request and, of course, accommodate stated that "some firms will enjoy tre­ It is no wonder discontent with Cas­ the majority leader. mendous success. Others may fail. Our tro's rule is higher than ever. The So I will get back to the majority job is not to guarantee success. Our job Cuban Air Force knows the flight path leader within the next 30 minutes. is to make sure that the opportunities to Key West and regularly flies in. Ref­ Mr. MITCHELL. I appreciate that are there." But he should have-and ugees are fleeing at a rate of 500 a very much. did not say-that it is not the FCC's month. Now is the worst possible time I thank my colleague. job to drive honest companies out of to ease the pressure on Cuba. If the I yield the floor. business. Let us face it, in the coming West had not held firm in the cold war, Mr. DOLE addressed the Chair. months we will see several cable com­ the Soviet Union would still exist. Yet, The ACTING PRESIDENT pro tem­ panies, large and small, go under. Not there are some who want to lift the pore. The Republican leader is recog­ because they were bad operators, but embargo in Cuba. Madam President, nized. because a 17-percent rate cut will the embargo is working. Pressure is eliminate their profits and hinder them working. Castro's options are reduced from meeting their financial obliga­ every day. And every day, Cuba's free­ VERMONT'S HEALTH CARE PLAN tions. I hope that my colleagues are dom grows closer. Mr. DOLE. Madam President, I would prepared for the backlash when con­ The embargo on Cuba is fundamen­ like to bring to the attention of my sumers turn on their TV's one day, tally different from the embargo on colleagues a rather compelling article only to find that their service has been Haiti. Haiti has not seized American in today's New York Times-"Vermont cut off-and it will not be coming back property. Haiti has not destabilized its Shows How Heal th Care Can Fail." any time soon. neighbors, or built armed forces able to What struck me about this article is ESTABLISHING CLEAR COMMUNICATIONS POLICY project power around the world. Haiti that a State, like Vermont, with rel­ Madam President, like many of my has not, fortunately, descended into atively low medical costs, few illegal colleagues I have been concerned for the totalitarian nightmare of Cuba. aliens, an uninsured population of some time about the courts setting Human rights violations in Haiti are about ll1h percent, compared to 15 per­ communications policy. That is our deplorable, but the Haitian Govern­ cent nationwide, and generous social role, not theirs. As we move forward on ment has not fired on boats of Haitians welfare benefits-qualities conducive current communications legislation, I leaving. In Haiti, the border with the to comprehensive health care reform­ would urge the Congress to establish Dominican Republic is not mined the could not enact such legislation. clear-cut policy and ignore fancy way approaches to Guantanamo Bay in Vermont is also unique in that it is mechanisms that we all know will end Cuba are. Haitians build boats to flee the only State whose Governor-How­ up being challenged in court. without interference from the army or ard Dean-is a physician. I have had As I noted earlier, the cable TV rate police. No one should compare the two the pleasure of meeting with Governor regulation went into effect on May 15. situations. Dean and was impressed with his Ironically, that is the same day that I hope that maintaining the embargo knowledge of health care. But, despite the Supreme Court invoked the Sher­ on Cuba is a foreign policy promise this his expertise, the plan collapsed. man Antitrust Act and dissolved administration keeps. And if they do Madam President, it was not the Standard Oil 83 years ago. It seems to not, I believe the Congress will ensure fault of the Governor. And, it was not me that as we move forward on future there is no weakening or lifting of the the fault of Democrats, or the fault of communications legislation, we should embargo against Castro's Cuba. Amer­ Republicans, that health care reform be thinking more along the lines of the ica should not bail out Fidel Castro did not pass in Vermont. It was due to Sherman Act, not the Cable TV Act. and Cuban communism. the very nature of the legislation that This will limit the court's role in com­ I yield the floor. was being considered, the enormity of munications, and will reestablish Con­ Mr. MITCHELL addressed the Chair. its costs, and its lack of public support. gress as the policymaker. No doubt The ACTING PRESIDENT pro tem- What Vermont tried to pass is very about it, this will make some pore. The majority leader is recog­ similar to the President's plan and to proregulators Greene with envy-Judge nized. democratic bills currently before the June 10, 1994 CONGRESSIONAL RECORD-SENATE 12621 Congress-the plan had mandatory alli­ different lesson, showing the perils of trying conscientious public officials. The state ances, global budgets, employer man­ to enact a health care overhaul that is both takes pride in its quality of life and in its dates, and a one-size-fits-all basic bene­ ambitious and complex. comparatively generous social welfare bene­ Gov. Howard Dean, a d·octor who is vice fits. fit package-the very same elements chairman of the National Governors' Asso­ Vermont residents are widely conversant that are cause for concern for many ciation and who will soon be the group's with the complexities of overhauling health Americans and for many of our col­ chairman, listed health care as his top prior­ care, having studied the issue for four years. leagues-on both sides of the aisle. ity in January. He asked the General Assem­ Vermont was among a half-dozen states that One of the most compelling parts of bly to pass legislation very similar to that could not wait for the Federal Government this article, Madam President, was the proposed by President Clinton. But the Gov­ to act on health care; it passed its own laws statement made by the majority leader ernor's plan collapsed last month, spurned in 1991 and 1992. These measures require in­ of the State Senate. In essence, he said by liberal Democrats who said it did too lit­ surers to sell coverage at standard rates to tle and by Republicans who said it did too people regardless of their medical histories, the plan lost support in the end be­ much. and they set annual spending goals for each cause officials refused to discuss the "We tried to do too much too quickly," hospital. unpleasant financing details in the be­ said State Representative Sean P. Campbell State Senator John Carroll of Norwich, a ginning. of Saxtons River, a Democrat who is the ma­ Republican who is majority leader of the I think this may be the very same jority leader of the House and chairman of a Senate, supported that legislation. This year trap we may be heading for here. I am special committee that drafted a health care he was ready to vote for new taxes to finance hopeful that there will be enough of us bill. "It was too big. We couldn't swallow it. coverage of the uninsured, and he supported We ended up spitting it out." a plan requiring employers to contribute to to put together a reasonable, sensible, the cost of coverage for their employees­ bipartisan package. Maybe this is not Over and over, when Vermont residents de­ scribe their experience, they liken it to the two ideas opposed by many Republicans in an example of what would happen here, national struggle over health care. They Congress. but it seems to me that if you do not wonder how Congress can pass comprehen­ Mr. Carroll says the health care plan died have the public's support, as we sive legislation if it has proved impossible in here mainly because public officials delayed learned here on catastrophic coverage a state like this, where the politics are much discussing unpleasant financial questions. a few years ago, if it is not there when less complicated. the lobbying is more re­ "The most important questions about you act, it is not going to be there strained and the Governor has a high ap­ health care reform are financial: How much proval rating as well as a large store of polit­ does it cost, and who pays?" said Mr. Carroll. after something passes. "There was a persistent tendency to put off What this experience tells me, and ical capital. State Senator Matt Krauss of Barre, a those questions to the end. It was a fatal what I hear from constituents in Kan­ moderate Republican, said: " Early this year mistake. Those are the toughest questions, sas, is: Go slow and get it right. Con­ there was a great expectation that we would and we should have confronted them at the gress comes back every year, and every pass a comprehensive health care bill. But beginning." year there is going to be somebody the more the public learned about the details Analyzing what they describe as their and the cost. the more nervous they became. "health care meltdown," many Vermonters here-100 Sena tors-and they are going agree with State Senator Althea Kroger of to be dealing with the issues of the The general public soured on health care re­ form. In the month before our vote in the Essex Junction, a Democrat and assistant day. We can do some this year and minority leader of the Senate, who said: "We some next year. Senate Finance Committee, it became clear that the bloom had gone off the rose. underestimated the complexity of the issue. The Finance Cammi ttee has a rep­ " Our mind-set was that we were going to We underestimated the opposition." utation of being a consensus commit­ And many are asking, in the words of Nor­ revamp the health care system from top to man E. Wright, president of the Vermont tee, not a partisan committee. I think bottom," Mr. Krauss continued. "In retro­ if anybody would go back and look at Hospital Association, "Did we have a dream spect, that was a bad mistake. We should bigger than our ability to perform?" all the measures going through the Fi­ have been more realistic and targeted. We State Senator Peter E. Shumlin of Putney, nance Committee-health care or any­ should have taken health care reform in a Democrat, said: "This is as much our fault thing else-you will find that in nearly small, modest doses, in doable increments. as the special interests. We all collectively every case it was either a unanimous By trying to tackle everything, we ended up share the blame for telling voters this would accomplishing nothing.'' be simple, easy, painless and free." voice vote, or 16-4, or something like Like the President's plan, Governor Dean's that maybe, on amendments. Rarely on On the other hand, Governor Dean said proposal would have required employers to that Vermont's failure showed the need for final passage have we had a strict help pay health insurance premiums for Federal action. "We really need a Federal party-line vote. So there is still some their employees. As in the Clinton plan, framework," he said in the interview. The hope. most people would have obtained coverage Federal Government, he said, should define a Yesterday, the chairman of the Fi­ through a purchasing pool, or alliance, and standard set of health benefits for all Ameri­ nance Committee, Senator MOYNIHAN, the government would have set an annual cans and should prescribe some method of fi­ gave us a nine-page document, and we budget for all health spending. nancing, whether through premiums or A compromise bill that included new taxes taxes, but should let states decide the best are in the process of examining that. It to finance coverage for the uninsured died in seems to me that, just on first blush, it way of delivering health care. the Senate Finance Committee. The vote Moderate Republicans, an endangered spe­ is about $190 billion in new taxes, and a was 7 to 0 against the bill, with four Repub­ cies in Washington, have dominated the Re­ lot of mandates, and a lot of people are licans joining three Democratic backers of a publican Party in Vermont. Likewise, the going to be denied the right to self in­ Canadian-style system in which the govern­ left wing of the Democratic Party is more in­ sure. ment pays for the health care of its citizens. fluential here than in Washington. Neverthe­ There are problems, but as the chair­ One of those Democrats, State Senator less, Mr. Dean sees many similarities be­ man pointed out, I think it is a place Elizabeth M. Ready of Bristol, said she still tween Montpelier and Washington. Negative to start, and we will see what happens supported " single payer" approach, financed advertising frightened many consumers. with tax revenue. "I'm not wavering in Here, as in Congress, there was intense pres­ in the next several weeks. that," she said. "It's clear and true vision." I ask unanimous consent that a New sure to make the benefits package more gen­ But she has concluded that "We must take erous and therefore more expensive. York Times article be printed in the small, deliberate steps, an evolutionary rath­ Asked why health legislation has died this RECORD. er than a revolutionary approach, because year, State Representative Robert J. Harris There being no objection, the article we're not going to get the whole enchilada." of Windsor, a Democrat, said, " The cost, was ordered to be printed in the In an interview, Governor Dean, a Demo­ pure and simple." RECORD, as follows: crat, asserted that "an unholy alliance of The Vermont House seriously considered the far left and the far right killed a bill that raising income and payroll taxes to help pay VERMONT SHOWS How A HEALTH BILL CAN would have guaranteed health insurance to FAIL for heal th care. Local newspapers published everybody in the state." tables showing that state income taxes (By Robert Pear) Vermont has 15 hospitals, 1,000 practicing would double for many people. "It scared the MONTPELIER, VT. , JUNE 4.-For years, Ver­ doctors, comparatively low medical costs, daylights out of the public." Governor Dean mont set an example to the nation, showing two major private health insurers, 68,500 un­ said. how to regulate health insurance to control insured people (out of a population of 576,000) People generally did not realize that the prices and expand coverage. Now it offers a and a history of bipartisan cooperation by new taxes would replace premiums they were 12622 CONGRESSIONAL RECORD-SENATE June 10, 1994 already paying for health insurance. House prov1s10n in any bill. Some want negotiate an equity agreement. This is members, deluged with complaints, beat a changes in the President's bill; some not the case at all. As the State De­ hasty retreat. The bill that was eventually want changes in the Labor Committee partment noted yesterday, the United passed by the House did not specify a level of benefits or a means to pay for them; it called bill; some want changes in Senator States proposed a framework for re­ for a study of those questions. MOYNIHAN's bill; some want changes in solving this highly complicated matter "The opponents of health care reform were the bills presented by Senator CHAFEE and ensuring that, as the treaty re­ much more motivated than the supporters," and our Republican colleagues; and quires, each country gains benefits the Governor said. " Businesses that favored those offered by Senator BREAUX and equivalent to production of salmon health care reform sat on their hands." Congressman COOPER. There are a lot from its waters. Canada, however, was On the other hand, Mr. Dean said, many of proposed changes. It is heartening to not willing to approach this task in an advocates of a single payer health system see the process moving forward, and organized, logical fashion, and instead used what he called " slash and burn tactics" to block a compromise. that would not have occurred but for insisted that the United States simply "They were incredibly inflexible," he said. the leadership of Senators KENNEDY accede to the demands of Canada. Ulti­ "They were more interested in ideological and MOYNIHAN. I commend them for mately, they refused to meet further. purity than in actually providing health care their actions. Canada's actions, and Canada's ac­ to the uninsured." I suggest the absence of a quorum. tions alone, led to the failure of our Alan Hark, a lobbyist for the Vermont The PRESIDING OFFICER. The two countries to agree on annexes Low-Income Advocacy Council, said some clerk will call the roll. needed to protect stocks of salmon single payer advocates "did a disservice to The legislative clerk proceeded to from rivers on both sides, including en­ their constituents, especially those who are call the roll. dangered and depressed salmon from uninsured, because they were so rigid and in­ Mr. MURKOWSKI. Madam President, the Columbia and Snake Rivers, and flexible." I ask unanimous consent that the order State Senator Cheryl P. Rivers of Bethel, a from other coastal streams in the Unit­ leader of the liberal Democrats, rejected for the quorum call be rescinded. ed States. such criticism but acknowledged that "we The PRESIDING OFFICER. Without Canada's solution to the impasse was formed an alliance with the most conserv­ objection, it is so ordered. to attempt to force the issue into a po­ ative Republicans who didn't want any­ Mr. MURKOWSKI. Madam President, litical arena, where it hoped the ad­ thing." I ask unanimous consent to speak for 4 ministration would attempt to override "Instead of standing up to the special in­ minutes as in morning business. the democratic process established for terests and getting efficiencies from the The PRESIDING OFFICER. Without treaty-related decisions, and join the health care system, the Senate bill would objection, it is so ordered. have required middle-class people and small Canadians in forcing the Canadian view businesses to pay for health care reform," down the throats of the States of she said. "It would have taxed the benefits of UNITED STATES-CANADIAN Washington, Oregon, California, and people already insured, and it would have FISHERIES RELATIONSHIP Alaska, and of the treaty Indian tribes created a new welfare-like program for the of the Pacific Northwest, all of whom, uninsured." Mr. MURKOWSKI. Madam President, one of the more important natural re­ under the implementing legislation for WAITING FOR A CONSENSUS source arrangements that we have with the treaty, are entitled to a say in When a bill dies, legislators often say they what happens. In other words, they are ran out of time. But State Senator Jan our northern neighbor, Canada, is the the decisionmakers, as well. Backus of Brattleboro, a Democrat who is Pacific Salmon Treaty, with which the To the great credit of the administra­ chairwoman of the Senate Committee on Chair is well familiar. This is a treaty tion, it has refused to give in either to Health and Welfare, said that "in some ways, under which both our countries have the blandishments or the blackmail, we had too much time"-people found more agreed to share the benefits of salmon and has firmly stood to protect the to dislike as they studied the legislation production along the West coast of the more closely. rights of Americans, the role of Amer­ United States. However, today the ican States and tribes, and the U.S. na­ It became evident, as Senator Ready said, treaty is in serious trouble, as the Ca­ that "we as Vermonters, we as a nation, tional interest in control of its own re­ have not come to a consensus on what to nadian Government decided on unilat­ sources. cover or how to pay for it." eral action against the interests of the However, things have progressed Some Republicans said that rather than United States. today so that Canada has announced devising its own health insurance scheme, This year, negotiations intended to the first of what it says would be a se­ Vermont should wait to see what Congress renew several annexes to the treaty ries of initiatives designed to manage does. broke down, with Canada's refusal to But as the legislature crawled toward ad­ its fisheries, in the words of the Cana­ participate in a key negotiating ses­ dian Minister of Fisheries, "to their journment, State Representative Margaret sion in January of this year, and subse­ F. Martin of Middlebury, a Democrat who own advantage and the United States' heads the House Committee on Health and quent refusal to reopen meaningful dis­ disadvantage." Welfare said: "I'm battered and bruised and cussions on the important conservation The first action came yesterday, with very, very disappointed. What happened here measures, unless the United States the announcement that Canada intends is, I fear, what will happen nationally." agreed to Canadian demands for an eq­ to charge, Madam President, United uity agreement that would be to Can­ States fishing vessels approximately ada's advantage and the United. States' $1,100 for each trip traversing Canada's COMMENDING SENATORS MOY- disadvantage. NIHAN AND KENNEDY FOR waters between Puget Sound and my The main goal of the Canadian strat­ State of Alaska. In other words, boats THEIR HEALTH CARE PROPOS­ egy appeared to be to attempt to gain ALS entering the Canadian waters would be United States agreement to closing or charged $1,100 one way. This has noth­ Mr. MITCHELL. Madam President, I severely limiting traditional United ing to do with the realities associated want to commend Senator MOYNIHAN, States fisheries in both Alaska and with meeting and resolving our dif­ the chairman of the Finance Commit­ Puget Sound. In doing so, the Canadi­ ference of opinion on the Pacific Salm­ tee, for his leadership in presenting a ans would have succeeded in gaining on Treaty. This is a unilateral action detailed and positive proposal yester­ unprecedented concessions, limiting by the Canadian Government through day. I also commend Senator KENNEDY our own jurisdiction over salmon in the Minister of Fisheries to simply and the members of his committee for our waters, which under both the Mag­ level a fine for boats transiting what their action in reporting a bill yester­ nuson Act and the Law of the Sea had been traditional free passage day. Both have demonstrated extraor­ should remain solely in our hands. through Canadian waters in transit dinary leadership in moving this proc­ That is in the hands of the United from Puget Sound in the State of ess forward. States. Washington to my State of Alaska. I think it is fair to say that not a sin­ Canada has complained that the In my opinion, this move is an abso­ gle Senator agrees with every single United States has not been willing to lute violation of international law - ..,...._. - • • .-. - -.. • • ., , _. ..-- - •• ..--- - "'I • • • -r • - -' I I I • ' r I , .O r ..--- • -- •' #• ..... - " ___,

June 10, 1994 CONGRESSIONAL RECORD-SENATE 12623 which ensures the protection and the Mr. GRASSLEY. Madam President, I the Federal Government the ability to right of free passage, and may well be ask unanimous consent that the order regulate only interstate commerce. in violation of the North American for the quorum call be rescinded. The scope of this legislation would ap­ Free-Trade Agreement and of other The PRESIDING OFFICER (Mrs. pear to raise serious concerns about measures to which Canada had pre­ FEINSTEIN). Without objection, it is so the intrusive hand of big brother step­ viously committed itself in a coopera­ ordered. ping into an arena that is best left to tive manner with the United States. Mr. GRASSLEY. Madam President, I our State officials. While the issue of Worse, it potentially endangers the rise to address the issue of section 211 excessive Federal mandates has been lives of Americans who would, if barred of the Federal Aviation Administration rising in prominence-rightly so I from the sheltered waters of the Inside Act and its effects on the trucking in­ might add-it is just as intrusive and Passage, have to take their small boats dustry of our Nation. I am concerned inappropriate for the Federal Govern­ on the outside of Vancouver Island, off­ that apparently the Senate is going to ment to step in and tell States what shore to the rough and unpredictable move forward on what appears to be a they cannot do. It is important that we and dangerous open ocean. major shift in the way the Federal not unduly restrict the ability of the Madam President, I call on the Presi­ Government looks at the issue of regu­ States to make decisions regarding the dent of the United States and the State lation of the trucking industry, which movement of goods and the regulation Department to protest this outrageous has long term and far-reaching impli­ of services within their own borders and illegal action in the strongest pos­ cations, in the guise of an amendment when those restrictions are reasonable. sible terms, and on other Agencies of to a bill-dealing with our Nation's air­ I fear that the Senate is acting hastily the United States to take whatever ac­ lines. I feel it is inappropriate for the and carelessly on this issue and I would tion is necessary to protect the lives, Senate to take such a major step in urge that we step back from this deci­ safety, and economic interests of Unit­ this area without the benefit of full sion and consider the matter with the ed States citizens jeopardized by Can­ discussion and a serious examination of deliberation and thoughtfulness it de­ ada's unwarranted and inappropriate the ramifications of this action. I wish serves. behavior. the Senate could have hearings on this Madam President, I yield the floor. If necessary, Madam President, I matter so that the interests of all par­ Mr. EXON addressed the Chair. would call for the State Department to ties affected could be fully aired. As it The PRESIDING OFFICER. The Sen­ advise the U.S. Coast Guard that, if stands, many individuals whose lives ator from Nebraska is recognized. necessary, the Coast Guard should be may be impacted by this legislation are Mr. EXON. I thank the Chair. authorized to accompany U.S. fishing not even aware of the details as the Madam President, I thank my friend vessels traversing from Puget Sound to Senate proceeds in a unconventional and colleague from Iowa for his re­ Alaska. Obviously, unless the Canadian manner to address the issue of truck­ marks which I have been listening to Government sees fit to withdraw this, ing regulation. with regard to the bill that is before we are going to have an incident. A Several aspects of the current proc­ us. I share some of his concerns. The vessel will be stopped and then we will ess disturb me. First, I question the bill before us is must-pass legislation. have to face up to the threats of the forum. Is an airport improvement bill, While there may be some legitimate Canadian Government. which has been held up for many differences of opinion as to what It is my hope that the State Depart­ months in the congressional process amendments are attached thereto, this ment will advise the Canadian Govern­ due to many contentious issues, the ap­ bill, because of its vital concern for ment of its intent to ensure free pas­ propriate place to deal with the Na­ aviation, is going to pass, should pass, sage in the traditional manner that we tion's trucking system? I know that and certainly this Sena tor is not going have enjoyed, traversing our vessels be­ the issue has been couched in the terms to do anything to stand in the way of tween Puget Sound and Alaska, and of adjusting the definition of "inter­ passing that measure. ask that they reconsider before such modal all-cargo air carriers" for the However, I will simply say that my situation develops where we do have an purposes of exemption from some State friend from Iowa and this Senator and incident. regulation, but the current language others have discussed this from time to If necessary, again, Madam Presi­ that is scheduled to come before the time. I will say, as the chairman of the dent, I think it is appropriate that our Senate goes well beyond those limits. Coast Guard be alerted, and I know Surface Transportation Subcommittee In an attempt to satisfy interests of of the Commerce Committee, that I Senator STEVENS has already initiated large trucking firms across the Nation, have offered, and offer again now if it that contact. I have alerted the State the bill has been continuously ex­ is appropriate, and if there is sufficient Department of our concern to ensure panded. First the bill was to deal with interest, we can still hold some hear­ that we immediately get a review of Federal Express and United Parcel the international law which would en­ ings on this matter in the Commerce compass questions such as this, and Service; then the definition broadened Committee, either at the subcommit­ to include those other large trucking tee or the full committee level, if there that we communicate to the Canadian interests whose voices speak loudly in is sufficient interest in the body for Government our intention to maintain the Halls of Congress. My colleagues that to happen. the right of free passage as we have I might add a little bit more to the traditionally had it in the past. have rushed to expand the definition of I thank you, Madam President, and I air carriers to levels that stretch the history of what brought us to this yield the floor. imagination with the apparent objec­ place. tive of assuring that any major truck­ It all started some time ago by an ac­ ing firm in their State is also an air tion by a Federal court that basically FEDERAL AVIATION ADMINISTRA­ carrier. This is no way to address this said Federal Express, which is pri­ TION AUTHORIZATION ACT OF important matter. marily an air freight carrier with local 1994 I also would question the wisdom of distribution, was not controlled by the The Senate continued with the con­ our approach to this issue. Perhaps in a existing statutes with regard to truck sideration of the bill. hearing process some of my concerns regulation because they were, essen­ Mr. FORD. Madam President, I sug­ could be addressed, but I must say that tially, as I understand the court's in­ gest the absence of a quorum. in this context many serious questions terpretation, an air transportation car­ The ACTING PRESIDENT pro tem­ come to mind. It would appear that rier and not a local carrier in the gen­ pore. The absence of a quorum has been this legislation would unduly restrict erally accepted con text of those rules suggested, and the clerk will call the the legitimate and constitutional pre­ and regulations and laws. roll. rogative of the States to place limits When that happened, of course, it al­ The bill clerk proceeded to call the and restrictions on intrastate move­ lowed Federal Express as the one and roll. ment of goods. The Constitution gives only carrier of its type to get out from 12624 CONGRESSIONAL RECORD-SENATE June 10, 1994 under the State regulations. Whether court decision in their favor, and while For 8 months we labored with this. We you can argue that is right or wrong, it it might well be we should have deregu­ talked to the leaders on that side, lead­ is very clear it gave Federal Express an lation of some of these larger carriers, ers on this side. We talked to compa­ advantage that their competitors did it has potentially a very dramatic and nies. We talked to everyone we knew of not have. possibly significant effect on the inter­ to talk to. So the Congress, in its wisdom, or ests of the States and the responsibil­ The United Parcel people, under the lack thereof, rather than enacting leg­ ities that they have as outlined ruling, would have to take packages islation that could have been enacted, constitutionalitywise by the Senator from Iowa, cross the border into an ad­ in my view, to place Federal Express from Iowa. Therefore, I believe that we jacent State, take the packages out of on the same playing field as all of the are all similarly situated in this. that truck and put them into another other carriers, the Congress, in its wis­ Let me say that while there may be one and then drive back in order to dom, or lack thereof, has decided to some concerns about the big truckers, meet the rules which applied to them take the opposite route, which is to whatever their shipping modus ope­ but did not apply to the other compa­ make the court mandate, the court de­ randi is, there may be some good rea­ nies. cision, applicable to everyone else that sons that this further deregulation­ That created two problems. One, it is in the trucking industry, basically, and that is what it is under whatever increased costs; if the consumer used that owns an airplane. That is a pretty guise-might be a step in the right di­ them, it would cost more. And sec­ broad interpretation, but I believe that rection from the interest of the con­ ondly, it would be, maybe, so high that in layman's language is what we are sumers. Some of the smaller truck it would put them out of business. So coming to. lines throughout the United States something had to be done in order to In essence then, I think we should may have, as some maintain, too exclu­ try to level the playing field. understand that to a large extent this sive, too much protection in the inter­ As the Senator mentioned, some car­ is a massive deregulation of many of est of consumers on certain lines. So riers got an airplane and figured that our very large carriers that transport there are all kinds of conflicting eco­ would do. So we had to find a shake­ goods in one fashion or another-basi­ nomic situations that come into play down part where we could get a consen­ cally, those that have parcels or pack­ here, and it might well be that at least sus that would be acceptable. ages or freight that go part way by air­ we could ferret out some of those in Now, my friend from Nebraska, Sen­ plane, and then have to be delivered by some type of a hearing under some ap­ ator EXON, and I have been friends for truck at the local level. propriate body of the Senate. a long time and there is nothing we do All kinds of problems come up in this With that, I thank Senator FORD and but what we do not try to share every­ regard. I, too, have heard from many of the other leaders of this measure for thing. He has some concerns, as the my small and smaller local truckers recognizing the fact that we have wait­ Senator does, as I do. We have lowered who are very much concerned about ed far too long and had far too much the number of packages in the bill from this. Strangely enough, at least this delay on the matter that directly af­ 50,000 to 15,000, which I think is about Senator has not heard from the Na­ fects the quality and costs of airplane as broad a door as you can walk tional Governors Association on this travel in the United States, so they are through as it relates to the problems matter. The Senator from Iowa clearly moving basically in the right direction, we faced prior to this piece of legisla­ indicated that there may be some con­ while I would agree with my colleagues tion. cerns in this area. We have not heard that there is some concern about the We have not interfered with ICC in from the individual Governors to any matter that has been · appropriately this legislation. I do not think we have significant extent, nor have we heard raised with regard to how far we are interfered with any kind of safety, in­ from the National Governors Associa­ going in deregulation or how far we are surance problems, et cetera. There are tion. I suspect that we will be hearing not going in that area. bound to be problems that we will face. from them as we go on. All too often Madam President, I thank the Chair, But as Senator EXON has said, he is the National Governors Association, of and I yield the floor. willing to hold hearings. We will have a which I was once a member, reacts Mr. FORD addressed the Chair. reform bill as it relates to FAA before rather than acts, after we have taken The PRESIDING OFFICER. The Sen­ the year is over. We will have plenty of action on legislation. ator from Kentucky is recognized. time to get into minute detail. I should also like to recognize the Mr. FORD. Madam President, I thank I wish to tell the Senator, when you comments that were made a day or two my friend from Nebraska for his kind go day and night for weeks and months ago by my friend and colleague from words. Senator PRESSLER and I have and you try to work this thing out­ South Dakota, who I note is in the worked very, very hard to put together now for 8 months--! think the package Chamber at this time, expressing some a piece of legislation that would try to we have satisfies more people than we of the same concerns that have been meet everybody's concerns. I do not had when we started. So I am hopeful expressed by others. I believe that think we are perfect, so therefore we do that under section 211, if we will be given the situation we face, the action not have a perfect piece of legislation. able to move forward, we have leveled suggested by the Senator from South Particularly when one would have a the playing field and created competi­ Dakota, and just a few moments ago. by view and others have a view, you try to tion which will be better for the the Senator from Iowa, is very much get a majority view. consumer. appropriate, had to be said in this con­ But I say to my friend from Iowa, I Whatever problems the Senator may text and in that regard. do not know anything unconstitutional have, the Senator is not on the com­ I would, therefore, hope that if there about what we have done. That is spec­ mittee and the Senator said he did not once again is sufficient interest in this, ulation. The Senator's interpretation know about all these other things, and after this measure passes, which I of it being unconstitutional is just as so he is talking about what his view is think it will, and for which I will vote good as mine. I am not a lawyer, and as there rather than what we have really in support, if there is sufficient inter­ my father told me, a little knowledge been doing. Senator PRESSLER and I est by any and all parties, there would of the law is dangerous, so get a good and our staffs have just labored monu­ be nothing wrong or inappropriate for lawyer and stay with him or her. That mentally to try to arrive at where we us to hold appropriate hearings on this is what I try to do. are today. matter before this measure eventually We had a court case here that hurt I think if we were not doing this, the becomes law in some form. the people in Iowa. They have a major problems would be greater than they There is a dual problem here. While I installation there. What do we do to will be after the legislation is passed. have some concerns,- as do my col­ try to eliminate the problem as it faces And then we say to the Senator that leagues, about the actions that have the Senator's State, my State, and we will be more than willing to get resulted from the Federal Express other States. That was pretty tough. back with Senator EXON, if they need "'~ ...... ·. . -- ...... -.-·· ....- - ,,._,,.-- ..... ,. --- ......

June 10, 1994 CONGRESSIONAL RECORD-SENATE 12625 hearings, to work with him 110 percent. PEACE IN CENTRAL ASIA: PLEDG­ Mrs. FEINSTEIN. Mr. President, I re­ The FAA reform legislation, a lot of ING TO END CONFLICT AMONG spectfully request the chairman's re­ things can be included in that. So I ARMENIANS AND AZERIS consideration of a specific provision hope the Senator would not make a Mr. PRESSLER. Madam President, which has been incorporated into this judgment on this without looking today I rise to call attention to the important legislation. through it in minute detail. continuing conflict among Armenians As the chairman knows, section 211 Mr. GRASSLEY. Madam President, and Azeris over the Nagorno-Karabakh of S. 1491 deregulates intrastate truck­ will the Senator yield? region of Azerbaijan in Central Asia. ing for small-package carriers. Con­ Mr. FORD. Madam President, I will This is not the first time I have cerns have been raised that it could be glad to yield for a question. brought this issue to the Senate floor. eliminate States' authority over safety I repeatedly have urged my colleagues, and insurance aspects of the affected Mr. GRASSLEY. As to the comment carriers. The California Public Utili­ where the Senator said that if we and the current, past, and present ad­ ministrations, to help ease the suffer­ ties Commission is concerned that eco­ would look at this, we would be better nomic and safety regulations are often off if we were not doing anything, I do ing in Armenia. Yet, the fighting con­ tinues. intertwined, and as a result, this legis­ not have any disagreement as that ap­ Together, with several of my col­ lation could preempt State safety regu­ plies to Federal Express or UPS. What leagues, I recently signed a letter to lating authority, thereby jeopardizing the Senator said there is what I am President Clinton imploring him to the State's ability to protect public asking the question about. continue efforts to end the fighting in safety on highways. Does the Senator extend that to re­ the Transcaucus region of Central It is my understanding that it is not ducing the packages down from 50,000 Asia. In this letter, we urged the Presi­ the intent of this legislation to exempt to 15,000 to accommodate other truck­ dent to remain vigilant in providing the carriers affected by this bill from ing companies? human aid and technical assistance to the relevant safety regulations; nor Mr. FORD. Madam President, that is help improve living conditions for war­ was this bill designed to impede States part of the effort we have made here, I ravaged Armenians. and their pertinent subdivisions from might say, to accommodate those that After a long winter, wrought with adopting, implementing, and enforcing have been creating problems for the conflict and resource depletion, Arme­ highway safety and insurance stand­ Senator from Iowa. We have opened the nians have a pressing need for foreign ards. Mr. President, I hope the chair­ wide door now as it relates to their assistance if they are to move forward man will correct me if I am wrong, but ability to participate. If you are not in in their fight for democratic and eco­ although this bill deregulates the the 15,000 category, my judgment is it nomic reforms. intermodal carrier industry, I have in­ may not be that you would be in the Since 1988, Armenians and Azeris terpreted section 211 as being crafted business or want that kind of business have battled violently for control of with the implicit understanding that or be able to handle that kind of busi­ the Nagorno-Karabakh region. Arme­ the authority of States or their rel­ ness, anyhow. nians in Nagorno-Karabakh have evant subdivisions to enact or enforce fought for independence from the So I think there is a level of stability any law, rule, regulation, standard, or Azeris, who in turn have defended the other provision functioning as law in­ and a level of accommodation. I am territorial integrity of the region. The hoping that what we have done here, tended to protect and safeguard the fighting rages on as the two ethnic fac­ public from the unsafe operations of once it gets into place, and the reality tions remain unable to reach agree­ of what we have done with not elimi­ motor carriers on public highways ment over the now war-torn Nagorno­ would be preserved; including, but not nating any ICC, or other approaches­ Karabakh enclave. as the Senator from Iowa mentioned in Our world has remained unstable and limited to the requirement that any his statement earlier, we have not troubled even as animosities among persons engaging in the transportation touched ICC. We just have new rules the superpowers has dissipated. Citi­ of property by motor carrier, whether under which they operate. zens in the Transcaucus region con­ such property has had or will have a Mr. GRASSLEY. I thank the Sen­ tinue to search for peace. We must do prior or subsequent air movement, ob­ ator. all we can to help them achieve this tain and keep effective operating au­ goal. thority issued by a State or relevant Mr. FORD. I thank the Senator, and political subdivision. I thank my friend from Nebraska, and Madam President, I remain commit­ I look forward to working with them in ted to helping the Armenians and Mr. FORD. The Senator from Califor­ any way. Azeris find lasting peace. Members of nia is correct in her interpretation of the Congress, along with the President, section 211 of S. 1491. It was not my in­ Madam President, I suggest the ab­ tent upon introduction of this legisla­ sence of a quorum. must not ignore the suffering and long­ standing fighting in Azerbaijan. We tion to in any way erode the State The PRESIDING OFFICER. The must pledge our humanitarian support safety and insurance regulatory con­ clerk will call the roll. and encourage an end to the bloodshed. trol over small-package carriers, but The assistant legislative clerk pro­ Madam President, I suggest the ab­ rather, merely to deregulate the intra­ ceeded to call the roll. sence of a quorum. state trucking aspect of such carriers. Mr. PRESSLER. Madam President, I The PE,ESIDING OFFICER. The My provision would serve specifically ask unanimous consent that the order clerk will call the roll. to regulate economic, not safety mat­ for the quorum call be rescinded. The assistant legislative clerk pro­ ters. I would like to thank the Senator The PRESIDING OFFICER. Without ceeded to call the roll. for clarifying any misunderstanding re­ objection, it is so ordered. Mr. FORD. Mr. President, I ask unan­ lating to this feature of the bill. imous consent that the order for the Mr. PRESSLER addressed the Chair. quorum call be rescinded. The PRESIDING OFFICER. The Sen­ The PRESIDING OFFICER (Mr. QUORUM CALL ator from South Dakota is recognized. MATHEWS). Without objection, it is so ordered. Mr. FORD. Mr. President, I suggest ORDER OF PROCEDURE the absence of a quorum. Mr. PRESSLER. Madam President, I The PRESIDING OFFICER. The ask unanimous consent to speak as if FEDERAL AVIATION ADMINISTRA­ clerk will call the roll. in morning business for a period of 5 TION AUTHORIZATION ACT OF The assistant legislative clerk pro­ minutes. 1994 ceeded to call the roll, and the follow­ The PRESIDING OFFICER. Without The Senate continued with the con­ ing Senators entered the Chamber and objection, it is so ordered. sideration of the bill. answered to their names: 12626 CONGRESSIONAL RECORD-SENATE June 10, 1994 [Quorum No. 2] Dole Johnston Pell to limit future North Korean weapons Domenici Kassebaum Pressler Ford Mathews Mitchell Dorgan Kennedy Pryor development. The PRESIDING OFFICER. A Duren berger Kerrey Reid It has become clear that North Ko­ quorum is not present. Exon Kohl Riegle rea's objective has been to use their ap­ Feingold Leahy Rockefeller parent nuclear weapons program to The Senator from Maine. Feinstein Levin Roth Mr. MITCHELL. Mr. President, dur­ Ford Lieberman Sarbanes gain political legitimacy in the West, ing the morning we have had discus­ Glenn Lugar Sasser principally the United States, while re­ Gorton Mack Shelby buffing pressure from the international sions attempting to reach an agree­ Graham Mathews Simon ment on how to best dispose of the Grassley Metzenbaum Simpson community to end their nuclear pro­ matter. We have not been able to do so. Gregg Mikulski Stevens gram. We continue to request that there be a Harkin Mitchell Thurmond North Korea does not want its nu­ Hatch Moseley-Braun Wellstone clear past exposed. Its decision to vote today on the Whitewater matter. Hatfield Moynihan Wofford Colleagues have indicated that they Heflin Murray change fuel rods in its 5-megawatt nu­ will not permit that to occur. Jeffords Packwood clear reactor at Yongbyon at this time Therefore, I am now going to have NAYS-13 and in an accelerated fashion, pre­ cluded IAEA analysis, was evidently another vote to instruct the Sergeant Bond Kempthorne Smith at Arms. This will be the last vote Burns Lott Wallop intended to keep its nuclear past today. We will not be in session on Craig McCain Warner cloaked in mystery. Without proper ex­ D'Amato Murkowski amination of the fuel rods during their Monday. There will be another such Helms Nickles vote at 10 a.m. on Tuesday. Senators withdrawal from the reactor, inter­ should be prepared to be here at 10 a.m. NOT VOTING-17 national experts cannot verify if North Bennett Faircloth Lau ten berg Korea withdrew plutonium at an ear­ on Tuesday. We will resume consider­ Biden Gramm McConnell ation of the bill and this amendment. lier period. Boren Hollings Nunn We must presume the worst as long Mr. President, I move to instruct the Boxer Hutchison Robb Sergeant at Arms to request the pres­ Cochran Inouye Specter as we do not know what North Korea ence of absent Senators, and I ask for Dodd Kerry has done in the past. That worst, at a the yeas and nays. So the motion was agreed to. minimum, means as reported in the The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. With the press one to two nuclear weapons. addition of Senators voting who did North Korea may now consider that sufficient second? it has the best of both worlds. Because There is a sufficient second. not answer the quorum call, a quorum is present. we do not know the extent of its nu­ The yeas and nays were ordered. clear arsenal, we must assume it has The PRESIDING OFFICER. The Several Sena tors addressed the Chair. one, thus gaining for North Korea the question is on agreeing to the motion attention it so obviously craves. It has of the Senator from Maine to instruct The PRESIDING OFFICER. The Sen­ ator from Arizona. served their purpose of ending their the Sergeant at Arms to request the more than 40 years of diplomatic isola­ attendance of absent Senators. On this tion. There is nothing North Korea question, the yeas and nays have been MORNING BUSINESS may fear more than being ignored. ordered, and the clerk will call the roll. For several months, the United The legislative clerk called the roll. Mr. DECONCINI. Mr. President, I ask States has held talks with North Korea Mr. FORD. I announce that the Sen­ unanimous consent that there now be a to seek their agreement to nuclear in­ ator from Delaware [Mr. BIDEN], the period for morning business with Sen­ spections by IAEA officials. I have al­ Senator from Oklahoma [Mr. BOREN], ators permitted to speak therein for up ways preferred talk to conflict, and I the Senator from California [Mrs. to 10 minutes each. supported this effort, although it has BOXER], the Senator from Connecticut The PRESIDING OFFICER. Without not thus far achieved its stated objec­ [Mr. DODD], the Senator from South objection, it is so ordered. tives. But we must also recognize that Carolina [Mr. HOLLINGS], the Senator Mr. DECONCINI. Mr. President, I will the United States is not the only inter­ from Hawaii [Mr. INOUYE], the Senator yield to the Senator from Rhode Island locutor. Regional states such as China, from Massachusetts [Mr. KERRY], the for 1 or 2 minutes, not losing my right South Korea, and Japan all have a role Senator from New Jersey [Mr. LAUTEN­ to the floor after the Senator from as well as the United Nations, includ­ BERG], the Senator from Georgia [Mr. Rhode Island is finished. ing the U.N. Command in South Korea. NUNN], and the Senator from Virginia The PRESIDING OFFICER. The Sen­ In addition to the obvious threat of [Mr. ROBB] are necessarily absent. ator from Rhode Island. conflict including the use of nuclear Mr. SIMPSON. I announce that the weapons, there are three reasons why Senator from Utah [Mr. BENNETT], the we must remain vigilant: Senator from Mississippi [Mr. COCH­ CONTAINING NORTH KOREA'S An active North Korean nuclear RAN], the Senator from North Carolina NUCLEAR THREATS weapons program may provoke a simi­ [Mr. FAIRCLOTH], the Sena tor from Mr. PELL. Mr. President, North Ko­ lar response by South Korea and Japan, Texas [Mr. GRAMM], the Senator from rea's refusal to comply with its obliga­ both of whom have remained out of the Texas [Mrs. HUTCHISON], the Senator tions under the Nuclear Non-Prolifera­ nuclear arms race; from Kentucky [Mr. McCONNELL], and tion Treaty has provoked a grave inter­ Such a program could eventually the Senator from Pennsylvania [Mr. national crisis. No one should doubt lead North Korea to export nuclear SPECTER] are necessarily absent. the seriousness of the situation or the weapons to terrorists or to rogue coun­ The PRESIDING OFFICER. Are there gravity of its test of the mettle of tries such as Libya and Iran, as North any other Senators in the Chamber de­ President Clinton and his foreign pol­ Korea now does with its conventional siring to vote? icy team. The critical nature of the di­ weapons; and The result was announced-yeas 70, lemma, however, should not be aggra­ North Korea's nuclear program com­ nays 13, as follows: vated by loose talk and false bravado. bined with its expanded missile pro­ [Rollcall Vote No. 135 Leg.] For the past several years, under gram may result in a potential nuclear YEAS-70 both President Bush and President threat to the United States. Akaka Bryan Cohen Clinton, the objectives of the United I am concerned that regional states Baucus Bumpers Conrad States and the International Atomic do not appear to have a sufficient fear Bingaman Byrd Coverdell Energy Agency [IAEA] have been: of North Korea's nuclear program. Bradley Campbell Danforth Breaux Chafee Daschle First, to determine North Korea's past Japan is reportedly reluctant to have Brown Coats DeConc!ni nuclear weapons activities, and second, an embargo placed on North Korea and June 10, 1994 CONGRESSIONAL RECORD-SENATE 12627 hesitates to curb financial remittances The PRESIDING OFFICER. The Sen­ latest initiative for CSCE, put forward by Koreans residing in Japan to North ator from Arizona. by the German and Dutch Foreign Min­ Korea, al though these transactions isters last month. Their view of the fu­ may add close to $2 billion annually to ture for CSCE involves increasing the the North's reserves. While South KEEPING THE CSCE USEFUL powers and centralization of its bu­ Korea appears more concerned than Mr. DECONCINI. Mr. President, many reaucracy, a step which has had disas­ Japan, they are also reluctant to pro­ articles have been written and pro­ trous results at the United Nations and voke a confrontation which would risk nouncements made in recent months which this Congress is still trying to a conflict, or to increase tension that about the future security order in Eu­ reverse; passing off more CSCE activi­ could hurt their economic prosperity. rope and the former Soviet Union. ties to that same overburdened and North Korea is not the only country Fancy phrases such as "interlocking overbureaucratized United Nations; with the potential to threaten nuclear institutions" and "European security and pursuing arms control initiatives terrorism. We urgently need to develop architecture" have been used repeat­ conceived at the end of the cold war practical means to enforce our admira­ edly, masking the uncertainty of the and negotiated, continuously but with ble commitment to restrain the inter­ experts who toss them about and the diminishing returns, ever since this oc­ national proliferation of weapons of policymakers who draw inspiration curred. We have to be careful, and I mass destruction. from using such phrases. hope the administration pays heed to The eventual threat posed by the The area faces a fundamental di­ this suggestion. North Korean development of inter­ lemma-how to make newly independ­ The CSCE can accomplish more for continental ballistic missiles capable ent governments and newly powerful us than providing employment for dip­ of carrying nuclear warheads has been movements play by the rules of civili­ lomats and window-dressing for na­ monitored closely by the United zation when there is uncertainty what tional inaction. The United States States, and needs to be factored now in those rules are and whether world pow­ should take the lead in presenting ini­ our strategic defense planning. ers, particularly the United States, are tiatives that would make use of CSCE's Given the dire consequences of an­ willing to enforce those rules when experience on the ground, broad mem­ other war on the Korean peninsula, nu­ they are broken. This uncertainty has bership, and comprehensive mandate to clear or conventional, I believe there brought us war in the Balkans, war in work for peace, democracy and stabil­ are a number of measures that we the Caucasus, bloody civil conflict in ity. These might include, and I cite should take now. These include: Tajikistan, just to mention a few of the these as examples because planning for Suspending bilateral talks at any areas in conflict. level between the United States and So long as this dilemma persists, CSCE's Budapest Review Conference is North Korea. The International Atomic lasting resolution of the crises in the at an early stage: support for the ac­ Energy· Agency and the U .N. Command region is unlikely. Some small and tivities of the War Crimes Tribunal for in South Korea should be the principal promising beginnings in preventing the former Yugoslavia and for efforts interlocutors with the North until such conflict, and in helping local citizens to build democracy and guarantee time North Korean deeds match their live together, have emerged, I am human rights in the Bosnian Federa­ promises in terms of compliance with proud to report. Some of these have tion; education programs on inter­ the Nuclear Non-Proliferation Treaty; come from the efforts of the Con­ national humanitarian law, to prevent Reassessing the American military ference on Security and Cooperation in the recurrence of the kind of repulsive force structure in South Korea and Europe [CSCE], or Helsinki Process. Its violence we have seen in the Bosnian Japan; High Commissioner on National Mi­ conflict; and more attention to the Moving ahead with Japan to build a norities monitors and promotes solu­ human rights issues so often at the theater missile defense system in the tions to national minority-related ten­ root of conflict. Efforts to prevent and region; sions in several states, notably the Bal­ resolve conflict would be more effec­ Reassessing Sou th Korean defensive tics. Although they have not been tive if states worked out common ap­ capabilities to establish that they are given sufficient resources or political proaches to the problems of peacekeep­ sufficient to meet the North's threat, support to facilitate resolutions to cri­ ing and self-determination. The United and to verify that their forces continue ses, its missions report on and work to States, which does not always give to complement United States forces in ease local tensions which can blow up CSCE the attention the organization South Korea, under U.N. Command; into international conflict and, indeed, deserves, should act to prevent it from Working with our allies on inter­ has in Bosnia and Herzegovina. Train­ becoming a shadow organization, suit­ national efforts to end trafficking in ing, legal assistance, and seminars ed only for grandiose but empty ges­ weapons of mass destruction. It is time work to educate officials and activists tures. to use all the means at our disposal to in human rights standards and imple­ I thank the Chair, and I yield the shred the veil of hypocrisy that now mentation, promoting harmonious · so­ floor. covers the world arms trade; and cieties to prevent conflicts. These are Ms. MOSELEY-BRAUN addressed the Taking such measures, either the kinds of activities that our citizens Chair. through the United Nations or with our understand and support in this coun­ The PRESIDING OFFICER. The Sen­ allies, to enforce economic sanctions try. We are based on that rule of law ator from Illinois. on North Korea, particularly to con­ and that kind of a system. An inter­ strain international financial trans­ national organization with such a prag­ actions. COMMITMENT TO INNOVATION matic focus is a good investment for AND EXCELLENCE I hope that such measures would the United States and we should con­ bring North Korea to its senses. If they tinue to support the CSCE. Ms. MOSELEY-BRAUN. Mr. Presi­ do, and if the regime is prepared to However, some CSCE states are less dent, last week I visited a school in come out of its self-imposed isolation, interested in the efforts themselves Chicago that has not been front-page then there is a real possibility that than in promoting to have grand de­ news but, frankly, should be. I visited a peace and stability in the region can be signs for the future and sometimes ex­ school the other day where the floors enhanced. But they may not and I pansion of their territories. The temp­ were so clean that you could eat off would say with all seriousness that we tation of strategies and architectures them. I visited a school where the walls must prepare the American people for is always with us; but they mean noth­ were decorate·d with pictures and the possibility that force may need to ing to the everyday people caught in projects from the various classes at be used at some time in the future to the crossfire of ethnic hatred and eco­ that school. This was an elementary ensure our own national security, as nomic deprivation. school, and it was situated right in the well as that of South Korea and other I would urge this administration to heart of the Robert Taylor Homes, a countries in the region. keep this in mind as it responds to the housing development in Chicago that 12628 CONGRESSIONAL RECORD-SENATE June 10, 1994 has made national news and captured glimpse of how money works in ways AMENDMENT NO. 1777 international attention for the prob­ that might not otherwise be available (Purpose: To make technical changes) lems, for the violence, for the degrada­ to them. They are being given tools to Mr. FORD. Mr. President, on behalf tion in that community, that has enter the economic mainstream that of Senator INOUYE, I send a technical gripped that community. they might not otherwise have. The amendment to the desk. I was at the Beethoven Elementary Bank-at-School Program is a stellar The PRESIDING OFFICER. The School to learn about their Bank-at­ example of how hope can be kept alive clerk will report. School Program. I found a wonderful in even the most difficult environ­ The legislative clerk read as follows: project in a wonderful school in the ments when people care. The Senator from Kentucky [Mr. FORD], middle of a troubled and violent public I want to congratulate the school's for Mr. INOUYE, proposes an amendment housing complex. Beethoven School leadership, the State treasurer and numbered 1777. should be in the news because it is an Cole Taylor Bank executives for their Mr. FORD. Mr. President, I ask unan­ example of what can be done and what vision and for their caring. I want to imous consent that reading of the is being done by principals, teachers, congratulate the students of Beethoven amendment be dispensed with. parents, and students to make learning School for showing us all what they The PRESIDING OFFICER. Without possible. can do given a chance. objection, it is so ordered. I was there to take part in an a ward Mr. President, I visited a school the ceremony for 15 student bank tellers of The amendment is as follows: other day in the middle of Robert Tay­ In section 2, strike "(25 U.S.C. 461 et seq.)" the Bank-at-School Program. In this lor Homes with a bank, a store, and a program, a bank-in this case it was and insert "(25 U.S.C. 461 et seq.; commonly commitment to innovation and excel­ referred to as the 'Indian Reorganization the Cole Taylor Bank-partners with lence. I visited a school that should be Act')". the school. The bank trains students to front-page news, and I hope that this In section 8, after "Indian Child Welfare be tellers, to take deposits, and to keep glimmer of hope becomes a beacon to Act", insert the following: "of 1978". track of accounts. Their money is then guide our collective efforts to keep the The PRESIDING OFFICER. If there deposited in the Cole Taylor Bank, American dream alive. is no objection, . the amendment is where it earns interest. Thank you. Mr. President, I suggest The Illinois Bank-at-School Program agreed to. the absence of a quorum. So the amendment (No. 1777) was was organized by the Illinois treasur­ The PRESIDING OFFICER. The er's office with the assistance of 170 Il­ agreed to. clerk will call the roll. The PRESIDING OFFICER. The linois banks; 45,000 elementary school The legislative clerk proceeded to students currently participate in the question is on the engrossment and program. call the roll. third reading of the bill. In all, Illinois students have saved a Mr. FORD. Mr. President, I ask unar.. · The bill was ordered to be engrossed total of $152,000 through the Illinois imous consent that the order for the for a third reading, was read the third Bank-at-School Program. At the Bee­ quorum call be rescinded. time, and passed, as follows: thoven School, 110 students have saved The PRESIDING OFFICER. Without s. 1066 $1,673.59 at Cole Taylor Bank, and I can objection, it is so ordered. Be it enacted by the Senate and House of Rep­ assure you, Mr. President, they keep resentatives of the United States of America in track of every penny. TRANSPORTATION AMENDMENTS Congress assembled, The Bank-at-School Program has ACT OF 1994 SECTION I. FINDINGS. been operating at the Beethoven The Congress finds the following: School now for some 2 years, and some Mr. FORD. Mr. President, I ask unan­ (1) The Pokagon Band of Potawatomi Indi­ students of Beethoven still come back imous consent that the Senate proceed ans is the descendant of, and political suc­ to do their banking at the school or to the consideration of Calendar No. cessor to, the signatories of the Treaty of 432, H.R. 1758, a bill to revise and codify Greenville 1795 (7 Stat. 49); the Treaty of send deposits in to the school bank Grouseland 1805 (7 Stat. 91); the Treaty of with their younger brothers or sisters. certain laws relating to transportation; that the bill be read a third time and Spring Wells 1815 (7 Stat. 131); the Treaty of Bank-at-School has been such a great the Rapids of the Miami of Lake Erie 1817 (7 success in large part because of the passed, the motion to reconsider laid Stat. 160); the Treaty of St. Mary's 1818 (7 commitment of Beethoven School's upon the table, and any statements Stat. 185); the Treaty of Chicago 1821 (7 Stat. principal, Ms. Lula Ford, and the thereon appear in the RECORD at the 218); the Treaty of the Mississinewa on the teachers and, of course, the students. appropriate place. Wabash 1826 (7 Stat. 295); the Treaty of St. This commitment is illustrated in The PRESIDING OFFICER. Without Joseph 1827 (7 Stat. 305); the Treaty of St. Jo­ another project that was part of or as­ objection, it is so ordered. seph 1828 (7 Stat. 317); the Treaty of Tippe­ So the bill (H.R. 1758) was passed. canoe River 1832 (7 Stat. 399); and the Treaty sociated with Bank-at-School-the of Chicago 1833 (7 Stat. 431). eighth grade store. Students are placed (2) In the Treaty of Chicago 1833, the in positions of management and power. POKAGON BAND OF POTAWATOMI Pokagon Band of Potawatomi Indians was They decide on the products, they price INDIANS FEDERAL SERVICES the only band that negotiated a right to re­ those products, they sell sample prod­ RESTORATION ACT OF 1994 main in Michigan. The other Potawatomi ucts which are donated from the Mer­ bands relinquished all lands in Michigan and chandise Mart and other vendors in Mr. FORD. Mr. President, I ask unan­ were required to move to Kansas or Iowa. Chicago to fellow students, to teachers, imous consent that the Senate proceed (3) Two of the Potawatomi bands later re­ and to parents. to the immediate consideration of Cal­ turned to the Great Lakes area, the Forest endar 434, S. 1066, a bill to restore Fed­ County Potawatomi of Wisconsin and the I must say, I bought a little vase for Hannahville Indian Community of Michigan. a planter from the store while I was eral services to the Pokagon Band of Potawatomi-I am sure I am not cor­ (4) The Hannahville Indian Community of there. They handle inventory, price Michigan, the Forest County Potawatomi markups, and even markdowns when rect on that-Indians. Community of Wisconsin, the Prairie Band the inventory is not selling. In short, The PRESIDING OFFICER. The of Potawatomi Indians of Kansas, and the they become entrepreneurs as part of clerk will report. Citizen Band Potawatomi Indian Tribe of the school store. The legislative clerk read as follows: Oklahoma, whose members are also descend­ The students in the process teach A bill (S. 1066) to restore Federal services ants of the signatories to one or more of the themselves about money and put their to the Pokagon band of Potawatomi Indians. aforementioned treaties, have been recog­ nized by the Federal Government as Indian academic knowledge to practical use. The PRESIDING OFFICER. Is there tribes eligible to receive services from the The profits from the store are depos­ objection to the immediate consider­ Secretary of the Interior. ited in the Bank-at-School bank. ation of the bill? (5) Beginning in 1935, the Pokagon Band of Mr. President, these young people There being no consideration, the Potawatomi Indians petitioned for reorga­ are, by this initiative, being provided a Senate proceeded to consider the bill. nization and assistance pursuant to the Act June 10, 1994 CONGRESSIONAL RECORD-SENATE 12629 of June 18, 1934 (25 U.S.C. 461 et seq., com­ (2) INTERIM GOVERNING DOCUMENTS .-Until the RECORD at the appropriate place as monly referred to as the " Indian Reorganiza­ such time as a new constitution is adopted if read. tion Act"). Because of the financial condi­ under paragraph (1), the governing docu­ The PRESIDING OFFICER. Without tion of the Federal Government during the ments in effect on the date of enactment of objection, it is so ordered. Great Depression it relied upon the State of this Act shall be the interim governing docu­ Michigan to provide services to the Pokagon ments for the Band. The resolution (S. Res. 148) was con­ Band. Other Potawatomi bands, including (b) OFFICIALS.- sidered and agreed to. the Forest County Potawatomi and the (1) ELECTION.-Not later than 6 months The preamble was agreed to. Hannahville Indian Community were pro­ after the Band adopts a constitution and by­ The resolution and the preamble are vided services pursuant to the Indian Reor­ laws pursuant to subsection (a), the Sec­ as follows: ganization Act. retary shall conduct elections by secret bal­ S. RES. 148 (6) Agents of the Federal Government in lot for the purpose of electing officials for Whereas the United States has had a long 1939 made an administrative decision not to the Band as provided in the Band's constitu­ history of friendship with the government of provide services or extend the benefits of the tion. The election shall be conducted accord­ the Republic of China, more widely known as Indian Reorganization Act to any Indian ing to the procedures described in subsection Taiwan; tribes in Michigan's lower peninsula. (a), except to the extent that such proce­ Whereas Taiwan has the largest foreign re­ (7) Tribes elsewhere, including the dures conflict with the Band's constitution. serves of any nation and a strong, vibrant Hannahville Indian Community in Michi­ (2) INTERIM GOVERNMENT.-Until such time economy, and now has the 20th largest gross gan's upper peninsula, received services from as the Band elects new officials pursuant to national product in the world; the Federal Government and were extended paragraph (1). the Band's governing body Whereas Taiwan has dramatically im­ the benefits of the Indian Reorganization shall be the governing body in place on the proved its record on human rights and now Act. date of the enactment of this Act, or any routinely holds free and fair elections in a (8) The Pokagon Band of Potawatomi Indi­ new governing body selected under the elec­ multiparty political system; ans consists of at least 1,500 members who tion procedures specified in the interim gov­ Whereas agencies of the United States continue to reside close to their ancestral erning documents of the Band. Government or the United Nations working homeland in the St. Joseph River Valley in SEC. 6. TRIBAL LANDS. with Taiwan does not prevent or imperil a southwestern Michigan and northern Indi­ The Band's tribal land shall consist of all possible voluntary union between the Peo­ ana. real property, including the land upon which ple's Republic of China and Taiwan any more (9) In spite of the denial of the right to or­ the Tribal Hall is situated, now or hereafter than recognizing separate governments in ganize under the Indian Reorganization Act, held by, or in trust for, the Band. The Sec­ the former West Germany and the former the Pokagon Band has continued to carry retary shall acquire real property for the East Germany prevented the voluntary re­ out its governmental functions through a Band. Any such real property shall be taken unification of Germany; Business Committee and Tribal Council from by the Secretary in the name of the United Whereas Taiwan has much to contribute to treaty times until today. States in trust for the benefit of the Band the work and funding of the United Nations; (10) The United States Government, the and shall become part of the Band's reserva­ Whereas governments of other nations that government of the State of Michigan, and tion. maintain diplomatic relations with the Peo­ local governments have had continuous deal­ SEC. 7. SERVICE AREA. ple's Republic of China such as France and ings with the recognized political leaders of The Band's service area shall consist of the Norway, have also had ministerial-level ex­ the Band from 1795 until the present. Michigan counties of Allegan, Berrien, Van changes with Taipei; and SEC. 2. FEDERAL RECOGNITION. Buren, and Cass and the Indiana counties of Whereas it is in the interest of the United Federal recognition of the Pokagon Band La Porte, St. Joseph, Elkhart, Starke. Mar­ States and the United Nations to maintain of Potawatomi Indians is hereby affirmed. shall, and Kosciusko. good relations with a government and an economy as significant as that on Taiwan: Except as otherwise provided in this Act, all SEC. 8. JURISDICTION. Federal laws of general application to Indi­ Now, therefore, be it The Band shall have jurisdiction to the full Resolved, That it is the sense of the Senate ans and Indian tribes, including the Act of extent allowed by law over all lands taken that- June 18, 1934 (25 U.S.C. 461 et seq.; commonly into trust for the benefit of the Band by the (1) the President, acting through the Unit­ referred to as the "Indian Reorganization Secretary. The Band shall exercise jurisdic­ ed States Permanent Representative to the Act"), shall apply with respect to the Band tion over all its members who reside within United Nations, should encourage the United and its members. the service area in matters pursuant to the Nations to permit representatives of Taiwan SEC. 3. SERVICES. Indian Child Welfare Act of 1978 (25 U.S.C. to participate fully in the activities of the Notwithstanding any other prov1s10n of 1901 et seq.), as if the members were residing United Nations and its specialized agencies; law, the Band and its members shall be eligi­ upon a reservation as defined in that Act. and ble, on and after the date of the enactment SEC. 9. DEFINITIONS. (2) Cabinet-level exchanges between Tai­ of this Act, for all Federal services and bene­ For purposes of this Act- wan and the United States should take place fits furnished to federally recognized Indian (1) the term "Band" means the Pokagon in the interests of both nations. tribes without regard to the existence of a Band of Potawatomi Indians; SEC. 2. The Secretary of the Senate shall reservation for the Band or the location of (2) the term "member" means those indi­ transmit a copy of this resolution to the the residence of any member on or near an viduals eligible for enrollment in the Band President. Indian reservation. pursuant to section 4; and SEC. 4. TRIBAL MEMBERSHIP. (3) the term " Secretary" means the Sec­ Not later than 18 months after the date of retary of the Interior. RECOGNIZING PORTUGAL'S SPE­ the enactment of this Act, the Band shall Mr. FORD. Mr. President, I move to CIAL RELATIONSHIP WITH THE submit to the Secretary membership rolls reconsider and table the motion to re­ UNITED STATES, AND THE CON­ consisting of all individuals eligible for consider. TRIBUTION OF PORTUGUESE­ membership in such Band. The qualifications AMERICANS TO AMERICAN LIFE for inclusion on the membership rolls of the The motion to lay on the table was Band shall be determined by the membership agreed to. Mr. FORD. Mr. President, I ask unan- clauses in the Band's governing documents, imous consent that the Foreign Rela­ tions Committee be discharged from in consultation with the Secretary. Upon UNITED NATIONS AND TAIWAN completion of the rolls, the Secretary shall further consideration of Senate Resolu­ immediately publish notice of such in the RESOLUTION tion 220, a resolution recognizing Por­ Federal Register. The Bands shall ensure Mr. FORD. Mr. President, I ask unan­ tugal's special relationship with the that such rolls are maintained and kept cur­ imous consent that the Senate proceed United States; that the resolution and rent. to the immediate consideration of Cal­ the preamble be agreed to; that the SEC. 5. CONSTITUTION AND GOVERNING BODY. endar No. 438, Senate Resolution 148, a motions to reconsider be laid upon the (a) CONSTITUTION.- resolution relating to the participation table en bloc; and, that any statements (1) ADOPTION.-Not later than 24 months of Taiwan in the activities of the Unit­ after the date of the enactment of this Act, thereon appear in the RECORD at the the Secretary shall conduct, by secret ballot ed Nations, that the resolution be appropriate place. and in accordance with the provisions of sec­ agreed to, and the motion to reconsider The PRESIDING OFFICER. Without tion 16 of the Act of June 18, 1934 (25 U.S.C. laid upon the table, that the preamble objection, it is so ordered. 476) , an election to adopt a constitution and be agreed to, and, that any statement The resolution (S. Res. 220) was con­ bylaws for the Band. relating to this measure be placed in sidered and agreed to. 12630 CONGRESSIONAL RECORD-SENATE June 10, 1994 The preamble was agreed to. academics, sports, politics, and reli­ John Dos Passos were Portuguese­ The resolution and the preamble are gion. We have added our own special Americans. as follows: flavor to our large and multifaceted Three years ago, we celebrated the S. RES. 220 Nation. bicentennial of United States-Por­ Whereas June 10, Portugal's National Day, This resolution has been cleared by tuguese relations. At that time, I spon­ celebrates the life and work of the 16th cen­ the Senate Foreign Relations Commit­ sored a resolution marking that anni­ tury poet Luis Vaz de Cam6es of Portugal, tee. I would like to thank Senator versary and noted that our political whose work extols the courage and exploits HELMS for his support and help. I espe­ and diplomatic ties with Portugal, a of Portuguese explorers who sailed to points cially want to thank Senator PELL for NATO ally and trusted friend, were beyond the horizon; strong. I am pleased to report that dur­ Whereas thousands of Portuguese have em­ his help in bringing this bill to the barked on their own voyages to the United floor on such short notice because of ing the past 3 years, in the midst of a States, and today over 2,000,000 Americans its timeliness. Senator PELL is a great great deal of upheaval in Europe-war are able to trace their ancestry to Portugal; friend to Portugal, and represents a in the Balkans, the break-up of the So­ Whereas Portuguese Americans have dis- . good number of Portuguese-Americans viet Union, a reexamination of NATO's tinguished themselves an honest, hard-work­ . in his State, and I know he particu­ role-the ties between the United ing, patriotic, and family-oriented; larly appreciates their contributions to States and Portugal have remained Whereas Portuguese Americans have American life. solid. Our two countries continue to achieved an important place in American share a commitment to democracy, culture through their participation in the COMMEMORATING PORTUGAL'S NATIONAL DAY arts, commerce, academics, sports, politics, Mr. PELL. Mr. President, today, as freedom and peace-values which are and religion; Portugal celebrates its National Day, I important not only as we confront a Whereas Portugal and the United States believe it is a good opportunity to pay changing Europe-but as we approach have had friendly and cordial relations since tribute to the people of Portugal as challenges in the Middle East and Afri­ American independence; well as to the more than 2 million ca. Portugal is a great friend of the Whereas Portugal and the United States United States, and on this important continue to work together, cooperating Americans who trace their ancestry to that country. day, I would like to pay tribute to Por­ through their membership in the North At­ tugal and Portuguese-Americans. lantic Treaty Organization, to promote Yesterday, Senator CAMPBELL, who is peace and to adapt to the challenges of a himself a Portuguese-American, sub­ changing world in light of the lifting of the mitted a resolution to recognize Por­ RECORD TO REMAIN OPEN UNTIL 3 Iron Curtain; tugal's special relationship with the P.M. Whereas Portugal and the United States United States as Portugal celebrates have a relationship based on mutual respect Mr. FORD. Mr. President, on behalf and a sharing of interests and ideals, par­ its National Day. I commend Senator of the majority leader, I ask unani­ ticularly a deeply held commitment to CAMPBELL for his efforts to bring this mous consent that the RECORD remain democratic values; and important day to the Senate's atten­ open today until 3 p.m. for the intro­ Whereas it is appropriate to honor Por­ tion. I am pleased to join him in co­ duction of legislation and statements. tuguese Americans and celebrate the unique sponsoring this resolution. The PRESIDING OFFICER. Without contributions both have made throughout I would note that I, too, have a objection, it is so ordered. the history of the United States; and strong bond to Portugal and its people. Whereas it is appropriate to honor Por­ My father, Herbert Pell, served as U.S. tuguese people and their national day: Now, EXECUTIVE AND OTHER therefore, be it Minister to Lisbon from 1937 to 1941, Resolved, That Portugal is hereby recog­ and I remember the friendly and warm COMMUNICATIONS nized for its special relationship with the welcome I always received when I vis­ The following communications were United States, and that Portuguese people ited my father while he held that post. laid before the Senate, together with are hereby recognized for their special con­ My home State of Rhode Island boasts accompanying papers, reports, and doc­ tributions to the United States. a large and energetic Portuguese popu­ uments, which were referred as indi­ Mr. CAMPBELL. Mr. President, I lation, and Portuguese-Americans have cated: submitted a resolution that recognizes contributed greatly to the commercial, EC-2793. A communication from the Comp­ the special relationship between Por­ religious, and political life not only of troller General of the United States, trans­ tugal and the United States, and recog­ Rhode Island, but of the Nation. mitting, pursuant to law, the report of the nizes the special contribution that Por­ Sea trade, for example, was the most financial statements of the Pension Benefit tuguese people have made and continue important aspect of United States-Por­ Guaranty Corporation for fiscal years 1992 tuguese relations during the last cen­ and 1993; to the Committee on Labor and to make to this country. Human Resources. Mr. President, my native American tury, and New England fishermen regu­ EC-2794. A communication from the Direc­ heritage is pretty well known. What larly visited the Portuguese islands of tor of Communications and Legislative Af­ many people do not know is that I have Cape Verde and the Azores. Many Por­ fairs, Equal Employment Opportunity Com­ a lot of Portuguese blood in me as well. tuguese mariners joined the crews of mission, transmitting, pursuant to law, the The occasion for this resolution is the United States ships and eventually report of enforcement and budget activities Portugal's National Day. Portugal many of these sailors emigrated to for fiscal year 1990; to the Committee on Labor and Human Resources. celebrates its National Day on June 10. Rhode Island towns, where their ances­ EC-2795. A communication from the Sec­ On this day, Portuguese people remem­ tors are leaders in our State's fishing retary of Health and Human Services, trans­ ber their heritage of exploration and industry. mitting, pursuant to law, the report on the their long, colorful national history. I would also note that the first syna­ appropriate Federal role in assuring access Mr. President, I just had the chance gogue in the United States-the Touro by medical students, residents, and practic­ to visit Portugal for the first time. Synagogue in Newport, RI-was dedi­ ing physicians to adequate training in nutri­ This is a good time, in honor of Por­ cated in 1763 by Portuguese and Span­ tion; to the Committee on Labor and Human Resources. tugal's National Day, to recognize the ish Jews. EC-2796. A communication from the Sec­ unique relationship between the United Portugal's National Day celebrates retary of Health and Human Services, trans­ States and Portugal, and to show our the life and work of the 16th century mitting, a draft of proposed legislation to appreciation for Portugal's support of poet Luis Vaz de Camoes, demonstrat­ amend and extend the authorization of ap­ our country ever since American inde­ ing the high regard the Portuguese propriations for the Family Support Center pendence. have for culture and the arts. Indeed, Program under the Stewart B. McKinney This is also a good time to honor the Portuguese Americans have made Homeless Assistant Act, and for other pur­ poses; to the Committee on Labor and 2 million Americans who trace their many important contributions to Human Resources. ancestry to Portugal. Portuguese­ America's cultural life. For example, EC-2797. A communication from the Sec­ Americans contribute to all aspects of composers John Philip Sousa and Joe retary of Health and Human Services, trans­ American life, in the arts, commer.ce, Raposo, writers Emma Lazarus and mitting, pursuant to law, the report on the """':"'.,..,.-,...... ,~~·"'I"".·..., ...... -- ...... ~ -·-,, ...... "'"I ·~. • • • .... - • ... .. - •••

June 10, 1994 CONGRESSIONAL RECORD-SENATE 12631 implementation of the Age Discrimination We've all heard about their mystery islation giving that authority to the Act during fiscal year 1993; to the Committee illness, which has become known as VA. on Labor and Human Resources. Persian Gulf syndrome. Common symp­ I was encouraged by Secretary toms include extreme fatigue, joint Brown's announcement. Never before and muscle pain, short-term memory has our government embraced the prin­ INTRODUCTION OF BILLS AND loss, diarrhea, unexplained rashes, ciple of providing compensation to vet­ JOINT RESOLUTIQNS night sweats, headaches, and bleeding erans for illnesses which have not yet The following bills and joint resolu­ gums. In addition, women veterans been defined. tions were introduced, read the first have experienced chronic or recurring However, I disagee with the Sec­ and second time by unanimous con­ yeast infections and menstrual irreg­ retary on the issue of VA's authority. sent, and referred as indicated: ularities. Like the other members of the Senate By Mr. DASCHLE (for himself and Mr. So far, a single cause for all these Veterans' Affairs Committee, I believe AKAKA): problems has yet to be found. that the VA already has the authority S. 2178. A bill to provide a program of com­ To add to the mystery, these heal th to compensate for undiagnosed illness. pensation and health research for illnesses problems are no longer limited to those The requirement of a diagnosis is a arising from service in the Armed Forces who actually spent time in the gulf. convention adopted by the VA to make during the Persian Gulf War; to the Commit­ its compensation decisions easier. It is tee on Veterans' Affairs. Many ill veterans have watched help­ lessly as their spouses and even their not a requirement of law. children have become afflicted with un­ Nevertheless, my good friend Senator STATEMENTS ON INTRODUCED explained ailments. There have also AKAKA and I have decided to introduce BILLS AND JOINT RESOLUTIONS been many reports of miscarriages by legislation on this issue for two rea­ military wives and birth defects in sons. First, our bill will make it clear By Mr. DASCHLE (for himself children born after the gulf war. that VA is to provide compensation to and Mr. AKAKA): I do want to acknowledge that many ill gulf veterans, even if we don't yet S. 2178. A bill to provide a program of research efforts are underway to deter­ know what is making them sick. This compensation and health research for mine the cause or causes of these ill­ will clear up the current disagreement illnesses arising from service in the nesses. But we are far from any an­ over VA's authority in this area. Armed Forces during the Persian Gulf swers. At a recent symposium spon­ Second, our bill goes beyond the ap­ war; to the Committee on Veterans' Af­ sored by the National Institutes of proach that was endorsed by Secretary fairs. Health and the VA experts concluded Brown and the administration. To PERSIAN GULF WAR VETERANS' COMPENSATION that the complex environment in the them, it is acceptable to cut off com­ ACT OF 1994 gulf war theater caused complex ad­ pensation after 3 years and to limit it • Mr. DASCHLE. Mr. President, almost verse health effects, and that it thus to veterans who get sick within 2 years 4 years ago, the nation of Kuwait was appears these veterans have multiple after coming home from the gulf. invaded by Saddam Hussein, and then­ illnesses with overlapping symptoms To us, that approach is too limited. President George Bush ordered the de­ and causes. The legislation we are introducing ployment of American forces to the And in the meantime, while we wait today would require the VA to provide gulf. Fighting alongside other coalition for those answers, veterans and their compensation to veterans disabled by forces, American service men and families are suffering. undiagnosed illnesses which have be­ women defended Saudi Arabia against The men and women who served in come manifest within 3 years of their a possible Iraqi invasion and went on the Persian Gulf war did so with dis­ return from the gulf. Further, it would the drive Hussein's forces out of Ku­ tinction and with honor. They were specify that VA must pay this com­ wait. summoned to a distant country by pensation until such time as it can From the homefront, the Persian their government and they went, leav­ show that a veteran's illness is unre­ Gulf war seemed like a rather neat and ing their loved ones behind and putting lated to his or her gulf war service. tidy conflict. The ground war lasted a their lives on hold. Their government Our bill also seeks to expand out­ mere 4 days. American casual ties were needed their help, and they responded. reach and research efforts by the VA. relatively few, thanks to our techno­ Now many of these fine soldiers are It would require the establishment of a logically advanced weaponry. And our ill as a result of their service in the program to keep Persian Gulf veterans first troops were on their way home gulf. They are having difficulty receiv­ and their families informed of ongoing just 7 months after the conflict began. ing quality and timely heal th care research activities, as well as the serv­ Unfortunately, this picture does not from the VA. Many cannot pay their ices and benefits to which they are en­ reflect the true nature of the Persian bills because they are too sick to work. titled. Specific measures would include Gulf conflict. Many American soldiers These veterans need help from their the creation of a newsletter to be sent were in the Persian Gulf long after the government, and I believe the govern­ to those on the VA Persian Gulf Reg­ war had ended. And to paraphrase ment has an obligation to respond. istry and a toll-free information line. Jesse Brown, Secretary of Veterans' Under title 38 of the United States Additional funds for scientific re­ Affairs, this was actually a v~ry dirty Code, a veteran is entitled to com­ search would be authorized. Specifi­ war. pensation for "disability resulting cally, the bill would provide funding Those who served in the gulf during from personal injury suffered or disease for an epidemiological study by the Na­ Operation Desert Shield/Desert Storm contracted in the line of duty." At tional Academy of Sciences on the were potentially exposed to a wide present, however, the VA will not pro­ heal th risks and heal th effects of gulf range of toxins and environmental haz­ vide such a compensation unless a vet­ war service on veterans and their fami­ ards. The list includes possible expo­ eran's health problems can be ex­ lies. A minimum of $7.5 million per sures to: smoke from oil well fires set plained by a specific diagnosis. This is year for fiscal years 1995 through 2000 by retreating Iraqi soldiers; industrial true even if the veteran was clearly would be authorized for this purpose. chemicals and pesticides; depleted ura­ heal thy before being deployed to the Annual reports to Congress on the nium used in munitions; diseases en­ gulf and became disabled by sickness study's progress would be required. demic to the Persian Gulf; vaccines to upon return. This legislation would also authorize $5 prevent anthrax and botulism; anti­ Secretary Brown believes that the million per year for fiscal years 1995 nerve agent pills; and chemical and/or VA does not have the authority to ex­ through 1998 for other research relating biological agents. tend compensation to gulf war veterans to the health effects of gulf war serv­ After all that, is it really any sur­ suffering from undiagnosed illnesses. ice. prise that many gulf war veterans are Yesterday, however, he announced that I would like to note that this legisla­ now sick? the administration would support leg- tion is identical to H.R. 4540, which was 12632 CONGRESSIONAL RECORD-SENATE June 10, 1994 introduced in the House on Wednesday sure to toxic substances by military person­ Persian Gulf War veterans suffering from ill­ by my friend, Representative LANE nel in the Southwest Asia theater of oper­ nesses the origins of which are (as of the en­ EVANS. Representative EVANS and I ations are very limited and that such data actment of this Act) unknown and that may have worked closely over the years on were collected only after a considerable be attributable to service in the Southwest delay. Asia theater of operations during the Per­ veterans' issues, and I want to com­ (6) In response to concerns regarding the sian Gulf War. mend him for his leadership on issues health care needs of Persian Gulf War veter­ (2) If such a uniform case assessment pro­ of concern to gulf war veterans. ans, particularly those who suffer from tocol is not implemented before the end of Mr. President, for more than a dec­ undiagnosable conditions or illnesses, the the 120-day period beginning on the date of ade, I fought to gain compensation for Congress. in Public Law 102-585, directed the the enactment of this Act, the Secretary veterans whose illnesses were caused establishment of the Persian Gulf War Veter­ shall, before the end of such period, submit by their exposure to the toxic herbicide ans Health Registry, authorized health ex­ to the Committees on Veterans' Affairs of agent orange during the Vietnam war. aminations for Persian Gulf War veterans, the Senate and House of Representatives a This battle was eventually won on the and provided for the National Acad.emy of report as to why such a protocol has not yet basis of scientific evidence which Sciences to conduct a comprehensive review been developed. and assessment of information regarding the (b) CASE DEFINITIONS.-(1) The Secretary showed an association between agent health consequences of military service in shall develop case definitions or diagnoses orange and these illnesses. But for the the theater of operations during the Persian for illnesses, the origins of which are (as of more than 10 years it took to discover Gulf War and to develop recommendations the enactment of this Act) unknown and this connection, ill veterans and their for research on such health consequences. In that may be associated with service in the families suffered needlessly. We must Public Law 103-210, Congress authorized the Persian Gulf War. not allow the same scenario to happen Department of Veterans Affairs to provide (2) If such case definitions and diagnoses here. health care services on a priority basis to are not developed before the end of the 120- I ask that a copy of this legislation Persian Gulf War veterans. In Public Law day period beginning on the date of the en­ be printed in the RECORD. 103-160, Congress provided funding for the es­ actment of this Act, the Secretary shall, be­ There being no objection, the bill was tablishment of a specialized environmental fore the end of such period, submit to the medical facility for the conduct of research Committees on Veterans' Affairs of the Sen­ ordered to be printed in the RECORD, as into the potential health effects of low-level ate and House of Representatives a report as follows: chemical exposure and for research on the to why such case definitions and diagnoses S. 2178 potential health effects of battlefield expo­ have not yet been developed. Be it enacted by the Senate and House of Rep­ sure to depleted uranium. (C) CONSULTATION.-Subsections (a) and (b) resentatives of the United States of America in (7) The workshop referred to in paragraph shall be carried out in consultation with the Congress assembled, (4) noted that well-designed epidemiological Secretary of Defense and the Secretary of SECTION 1. SHORT TITI..E. studies have not been conducted to link the Health and Human Services. This Act may be cited as the "Persian Gulf conditions or illnesses of the military per­ SEC. 5. OUTREACH TO PERSIAN GULF VETERANS. War Veterans' Compensation Act of 1994". sonnel with exposures in the theater of oper­ (a) IN GENERAL.-The Secretary of Veter­ SEC. 2. CONGRESSIONAL FINDINGS. ations during the Persian Gulf War and ans Affairs shall implement a comprehensive The Congress makes the following findings: found that the absence of such studies has outreach program to inform Persian Gulf (1) The United States bears responsibility hampered efforts to provide treatment and War veterans and their families of the medi­ for the care and treatment of illnesses and compensation to veterans of the Persian Gulf cal care and other benefits that may be pro­ disabilities connected with service in the War. Accordingly, further research and stud­ vided by the Department of Veterans Affairs Armed Forces. When the etiology of a spe­ ies should be undertaken to determine the and the Department of Defense arising from cific condition occurring in veterans is un­ underlying causes of the illnesses suffered by service in the Persian Gulf War. known, it is the Government's responsibility Persian Gulf War veterans and, pending the (b) NEWSLETTER.-The outreach program to give veterans the benefit of the doubt and outcome of such research, veterans who are shall include a newsletter which shall be up­ to provide appropriate treatment and com­ seriously ill and whose illness may be related dated and distributed at least annually and pensation until the scientific evidence war­ to their military service should receive com­ shall be distributed to the veterans listed on rants otherwise. pensation benefits to offset the impairment the Persian Gulf War Veterans Health Reg­ (2) During the Persian Gulf War, members in earnings capacities they may be experi­ istry. The newsletter shall include sum­ of the Armed Forces (A) were exposed to nu­ encing. maries of the status and findings of Govern­ merous potentially toxic substances (includ­ SEC. 3. PURPOSES. ment sponsored research on illnesses of Per­ ing fumes and smoke from petrochemicals The purposes of this Act are- sian Gulf War veterans and their families as and depleted uranium), to infectious agents, (1) to require the Secretary of Veterans Af­ well as on benefits available to such individ­ to chemoprophylactic agents, and to indige­ fairs to provide compensation to Persian uals through the Department of Veterans Af­ nous diseases, (B) received multiple immuni­ Gulf War veterans who have disabilities re­ fairs. The newsletter shall be prepared in zations and (C) may have been exposed to sulting from an illness or illnesses that can­ consultation with veterans service organiza­ various chemical and biological warfare not (as of the enactment of this Act) be diag­ tions. agents. Threats of enemy use of chemical nosed or defined and for which other causes (C) TOLL-FREE NUMBER.-The outreach pro­ and biological weapons heightened the psy­ cannot (as of the enactment of this Act) be gram shall include establishment of a toll­ chological stress otherwise associated with identified until such time as scientific evi­ free telephone number to provide Persian the military operation. dence demonstrates that the illnesses are un­ Gulf War veterans and their families infor­ (3) Significant numbers of veterans of the related to military service during the Per­ mation on the Persian Gulf War Veterans Persian Gulf War are suffering from ill­ sian Gulf War; Health Registry, health care and other bene­ nesses, or are exhibiting symptoms of ill­ (2) to require the Secretary of Veterans Af­ fits provided by the Department of Veterans nesses, that cannot (as of the enactment of fairs to develop case assessment protocols Affairs, and such other information as the this Act) be diagnosed or clearly defined. As and case definitions for such illnesses; Secretary considers appropriate. Such toll­ a result, many of these conditions or ill­ (3) to establish an outreach program to free telephone number shall be established nesses are not considered to be service con­ Persian Gulf War veterans and their families not later than 90 days after the date of the nected for purposes of benefits administered to inform them of ongoing research activi­ enactment of this Act. by the Secretary of Veterans Affairs. ties as well as the services and benefits for SEC. 6. COMPENSATION FOR DISABILITIES RE· (4) The Technology Assessment Workshop which they are eligible; and SULTING FROM ILLNESSES ASSOCI· on the Persian Gulf Experience and Health ATED WITH SERVICE DURING THE (4) to authorize further research activities, PERSIAN GULF WAR. conducted by the National Institutes of including an epidemiological study, on the Health found that the complex biological, (a) IN GENERAL.- heal th risks and effects of military service in (1) Chapter 11 of title 38, United States chemical, physical, and psychological envi­ the Southwest theater of operations during ronment of the Southwest Asia theater of Code, is amended by adding at the end of the Persian Gulf War. subchapter I the following new section: operations produced complex adverse health SEC. 4. DEVELOPMENT OF CASE ASSESSMENT effects in Persian Gulf War veterans and that PROTOCOLS AND CASE DEFINI­ "§ 1117. Compensation for conditions or ill­ it appears as if there is no single condition TIONS. nesses of unknown origin associated with or illness among affected Persian Gulf War (a) UNIFORM CASE ASSESSMENT PROTOCOL.­ service during the Persian Gulf War veterans, but rather multiple illnesses with (1) The Secretary of Veterans Affairs shall "(a) The Secretary shall pay compensation overlapping symptoms and causes. develop and implement a uniform case as­ under this subchapter to a Persian Gulf War (5) That workshop concluded that the data sessment protocol that will ensure thorough veteran suffering from a disability resulting concerning the range and intensity of expo- assessment, diagnosis, and treatment of all from an undiagnosed illness, or combination June 10, 1994 CONGRESSIONAL RECORD-SENATE 12633 of illness, that becomes manifest to a degree an undiagnosable illness or illnesses in vet­ retary shall submit to the Committees on of 10 percent or more within three years of erans of the Persian Gulf War that were de­ Veterans' Affairs of the Senate and House of separation from active military, naval, or nied before the date of the enactment of this Representatives, at least 90 days before the air service. section reopened and adjudicated as original date on which the agreement is entered into, "(b)(l) The Secretary shall issue, within 90 claims. In such a case, the date of claim notice in writing identifying the organiza­ days of the date of the enactment of this sec­ shall be considered to be the date on which tion with which the Secretary intends to tion, preliminary regulations governing the the original claim was filed.". enter into the agreement. award of such compensation. (2) The table of sections at the beginning of "(2) The percentage of disability that such chapter is amended by inserting after (c) ACCESS TO DATA.-The Secretary shall equals 10 percent shall be described as 'mild the item relating to section 1116 the follow­ enter into agreements with the Secretary of impairment of social and industrial adapt­ ing new item: Defense and the Secretary of Heal th and ability'. "1117. Presumption of service connection for Human Services to access and make avail­ "(3) The percentage of disability that illnesses associated with the able to the contractor under subsection (a) equals a total or 100 percent rating shall be Persian Gulf War.". all data that the Secretary, in consultation described as 'demonstratively unable to ob­ with the National Academy of Sciences and tain or retain substantial gainful employ­ (b) EFFECTIVE DATE.-Section 1117 of title 38, United States Code, as added by sub­ the contractor, considers relevant to the ment'. study. "(4) In determining the rating schedule for section (a), shall take effect on October 1, such disability, the Secretary should exam­ 1994. - (d) STATUS REPORT.-Within 180 days after ine analogous ratings. SEC. 7. RESULTS OF EXAMINATIONS AND TREAT­ the date of the enactment of this Act, the "(5) In determining eligibility for com­ MENT OF PERSIAN GULF WAR VET­ Secretary shall submit to the Committees on pensation under this section, the Secretary ERANS WITH UNDIAGNOSABLE ILL· NESSES. Veterans Affairs of the Senate and House of shall give due consideration to 'lay evi­ Representatives a report on the status of the dence', including testimony provided by the (a) ACCESS TO DATA.-The Secretary of Veterans Affairs shall enter into an agree­ contract specified in subsection (a). claimant, supporting witnesses, and inde­ (e) AUTHORIZATION.-There is authorized to pendent medical experts. ment with the Secretary of Defense to have "(c) Not later than 60 days after the date access to all clinical data of the Department be appropriated to the Department $7,500,000 on which the Secretary issues any proposed of Defense on veterans of the Persian Gulf for each of fiscal years 1995 through 2000 for regulations pursuant to this section, the War who remain on active duty. the conduct of the research specified in sub­ Secretary shall issue final regulations under (b) ONGOING COMPILATION OF DATA.-The section (a). In addition to amounts for such this section. Such regulations shall be effec­ Secretary of Veterans Affairs shall compile research appropriated pursuant to the pre­ tive on the date of issuance. and analyze, on a continuing basis, all clini­ ceding sentence, the Secretary may provide "(d) A disability for which compensation cal data obtained on veterans of the Persian funds for such research from any funds ap­ under this section is awarded shall be consid­ Gulf War in connection with examinations propriated for any fiscal year after fiscal ered to be service connected for purposes of and treatment furnished by the Department year 1994 for the purpose of research spon­ all other laws of the United States. of Veterans Affairs and the Department of sored by the Department. "(e) Compensation may not be paid under Defense that are likely (1) to be scientif­ this section for a disability occurring in a ically useful in determining the association (f) ANNUAL REPORT.-For each year of the veteran- between the undiagnosable illnesses of veter­ study, the Secretary shall submit to the "(1) -where there is a preponderance of evi­ ans and their service in the Southwest Asia Committees on Veterans Affairs of the Sen­ dence that the disability was not incurred by theater of operations during the Persian Gulf ate and House of Representatives a report the veteran in the Southwest Asia theater of War, and (2) to be useful in the development accompanying the budget for that year con­ operations during the Persian Gulf War; or of case assessment protocols or case defini­ taining- "(2) where there is a preponderance of evi­ tions. (1) the methodology and status of the dence to establish that an intercurrent in­ (c) ANNUAL REPORT.-The Secretary shall study specified in subsection (a); and jury or illness which is a recognized cause of submit to the Committees on Veterans Af­ (2) any preliminary analyses of the infor­ the disability was suffered by the veteran be­ fairs of the Senate and House of Representa­ mation compiled in accordance with sub­ tween the date of the veteran's most recent tives an annual report containing- section (a), including that provided by the departure from the Southwest Asia theater (!) the information compiled in accordance National Academy of Sciences. of operations while on active duty and the with subsection (b); (g) FINAL REPORT.-At the conclusion of onset of the disability. (2) the Secretary's analysis of such infor­ mation; the study, the Secretary shall submit to the "(f) For purposes of this section, the term Committees on Veterans Affairs of the Sen­ 'Persian Gulf veteran' means a veteran who (3) a discussion of the incidence of illnesses identified or treated by the Department of ate and House of Representatives a report served on active duty in the Armed Forces in accompanying the budget containing- the Southwest Asia theater of operations Veterans Affairs in the case of veterans re­ ferred to in subsection (b); and (!) the methodology of the study specified during the Persian Gulf War. in subsection (a); "(g) Payments shall be made under this (4) the Secretary's explanation for the inci­ dence of such illnesses and disabilities. (2) the analysis of the information com­ section to a veteran until such time as the piled in accordance with subsection (a), in­ scientific evidence demonstrates that the ill­ SEC. 8. EPIDEMIOLOGICAL RESEARCH. cluding that provided by the National Acad­ nesses for which compensation is awarded (a) CONTRACT.-The Secretary of Veterans emy of Sciences; under this section are not connected to serv­ Affairs shall enter into a contract for the (3) a discussion of incidence of illnesses ob­ ice in the Southwest Asia theater of oper­ conduct of an epidemiological study designed served in veterans of the Persian Gulf War ations during the Persian Gulf War. The Sec­ to assess both the short- and long-term and their families; retary may cease payments under this sec­ health consequences of service in the South­ (4) the National Academy of Sciences con­ tion only after providing a report describing west Asia theater of operations during the clusions concerning the health consequences the Secretary's intentions, as well as the sci­ Persian Gulf War on veterans of the Persian of service in the Southwest Asia theater of entific basis for ceasing such payments, at Gulf war and their immediate family mem­ operations during the Persian Gulf War on least 90 days before implementation of such bers. veterans and their immediate family mem­ action to the Committees on Veterans Af­ (b) OVERSIGHT.-(!) The Secretary shall seek to enter into an agreement with the Na­ bers; and fairs of the Senate and House of Representa­ (5) the Secretary's explanation for the inci­ tives. tional Academy of Sciences for the Medical "(i) Compensation awarded under this sec­ Follow-Up Agency (MFUA) of the Institute dence of such illnesses and disabilities and recommendattons for future action. tion shall not preclude a veteran from re­ of Medicine of the Academy for (A) the re­ ceiving retroactive compensation for a bene­ view of proposals to conduct the research SEC. 9. AUTHORIZATION FOR OTHER RESEARCH. fit claim that was filed before the date of the specified in subsection (a), (B) oversight of There is authorized to be appropriated to enactment of this section if the veteran's ill­ such research, and (C) review of the research ness or illnesses are later found to be service findings. the Department of Veterans Affairs $5,000,000 connected. (2) If the Secretary is unable to enter into for each of fiscal years 1995 through 1998 for "(j) The Secretary shall consider having all an agreement under paragraph (1) with the the conduct of research which the Secretary, claims for compensation under this section entity specified in that paragraph, the Sec­ in consultation . with the Secretary of De­ adjudicated on a priority basis at a single retary shall enter into an agreement de­ fense and the Secretary of Health and Department facility in order to better ensure scribed in that paragraph with another ap­ Human Services, determines could advance the consistency of rating decisions. propriate scientific organization which does understanding of health risks and effects of "(k) The Secretary shall have all claims not have a connection to the Department of service during the Persian Gulf War and the for service-connected benefits connected to Veterans Affairs. In such a case, the Sec- means of treating those health effects.• 12634 CONGRESSIONAL RECORD-SENATE June 10, 1994 ADDITIONAL COSPONSORS SENATE JOINT RESOLUTION 176 sider legislation on unfunded Federal s. 493 At the request of Mr. PRYOR, the mandates at a markup on June 16. Any At the request of Mr. COHEN , the names of the Senator from Maryland rescheduling of a Rules Committee name of the Senator from North Da­ [Ms. MIKULSKI] and the Senator from hearing on this matter is subject to the kota [Mr. CONRAD) was added as a co­ Maine [Mr. MITCHELL) were added as actions of the Governmental Affairs sponsor of S. 493 , a bill to amend the cosponsors of Senate Joint Resolution Committee. Public Health Service Act to facilitate 176, a joint resolution to designate the the entering into of cooperative agree­ month of May 1994 as " Older Ameri­ cans Month." AUTHORITY FOR COMMITTEES TO ments between hospitals for the pur­ MEET pose of enabling such hospitals to share SENATE JOINT RESOL UT ION 178 expensive medical or high technology At the request of Mr. DOMENIC!, the COMMITTEE ON FINANCE equipment or services, and for other names of the Senator from Hawaii [Mr. Mr. FORD. Mr. President, I ask unan­ purposes. AKAKA], the Senator from North Caro­ imous consent that the Committee on s. 1096 lina [Mr. HELMS], the Senator from Finance be permitted to meet today, At the request of Mr. SIMPSON, the West Virginia [Mr. BYRD], the Senator Friday, June 10, 1994 at 10 a.m., to hear name of the Senator from Minnesota from California [Mrs. FEINSTEIN] , and testimony on health care for nonwork­ [Mr. DURENBERGER) was added as a co­ the Senator from Wyoming [Mr. SIMP­ ing people between the ages of 55 and sponsor of S. 1096, a bill to amend the SON] were added as cosponsors of Sen­ 64. Foreign Assistance Act of 1961 to estab­ ate Joint Resolution 178, a joint resolu­ The PRESIDING OFFICER. Without lish and strengthen policies and pro­ tion to proclaim the week of October 16 objection, it is so ordered. grams for the early stabilization of through October 22, 1994 as "National COMMITTEE ON INDIAN AFFAIRS world population through the global Character Counts Week." Mr. FORD. Mr. President, I ask unan­ expansion of reproductive choice, and SENATE JOINT RESOLUTION 185 imous consent that the Committee on for other purposes. At the request of Mr. PELL, the name Indian Affairs be authorized to meet on s. 1669 of the Senator from New Mexico [Mr. Friday, June 10, 1994, beginning at 9:30 At the request of Mrs. HUTCHISON, the DOMENIC!] was added as a cosponsor of a.m., in 485 Russell Senate Office Build­ name of the Senator from Tennessee Senate Joint Resolution 185, a joint ing on off-reservation boarding schools. [Mr. SASSER] was added as a cosponsor resolution to designate October 1944 as The PRESIDING OFFICER. Without of S. 1669, a bill to amend the Internal "National Breast Cancer Awareness objection, it is so ordered. Revenue Code of 1986 to allow home­ Month." SUBCOMMITTEE ON NUTRITION AND makers to get a full IRA deduction. INVESTIGATIONS Mr. FORD. Mr. President, I ask unan­ s. 1826 AMENDMENTS ·suBMITTED At the request of Mr. KERRY the imous consent that the Committee on name of the Senator from South Da­ Agriculture, Nutrition, and Forestry kota [Mr. DASCHLE) was added as a co­ POKAGON BAND OF POTAWATOMI Subcommittee on Nutrition and Inves­ sponsor of S. 1826, a bill to reduce the INDIANS RESTORATION ACT OF tigations be allowed to meet during the deficit for fiscal years 1994 through 1994 session of the Senate on Friday, June 1998. 10, 1994, at 9:30 a.m., in SD-562, on S. 1614, the Better Nutrition and Health s. 1910 INOUYE AMENDMENT NO. 1777 for Children Act. At the request of Mr. JOHNSTON, the Mr. FORD (for Mr. INOUYE) proposed The PRESIDING OFFICER. Without names of the Senator from Mississippi objection, it is so ordered. [Mr. LOTT] and the Senator from Ar­ an amendment to the bill (S. 1066) to kansas [Mr. PRYOR] were added as co­ restore Federal services to the sponsors of S. 1910, a bill to establish a Pokagon Band of Potawatomi Indians; ADDITIONAL STATEMENTS national research program to improve as follows: the production and marketing of sweet In section 2, strike " (25 U.S.C. 461 et seq.)" potatoes and increase the consumption and insert " (25 U.S.C. 461 et seq.; commonly TRIBUTE TO MILFORD, NH referred to as the 'Indian Reorganization and use of sweet potatoes by domestic •Mr. GREGG. Mr. President, I rise and foreign consumers, and for other Act')" . In section 8, after " Indian Child Welfare today to recognize a special town in purposes. Act", insert the following: " of 1978" . my home State of New Hampshire. As s. 1972 our Nation prepares to celebrate the At the request of Mr. BINGAMAN, the 218th anniversary of our Declaration of name of the Senator from Connecticut NOTICES OF HEARING Independence, it is appropriate and [Mr. LIEBERMAN] was added as a co­ COMMITTEE ON RULES AND ADMINISTRATION timely for us to recognize the contribu­ sponsor of S. 1972, a bill to amend title Mr. FORD. Mr. President, the Senate tions the people of the great town of I of the Omnibus Crime Control and Rules Committee will meet on Thurs­ Milford, NH, have made to our herit­ Safe Streets Act of 1968 to authorize in­ day, June 16, 1994, at 9:30 a.m., in SR- age. clusion in a community policing grant 301, to continue its markup of legisla­ Milford's origins and growth closely of funds to pay 25 percent of the cost of tion on legislative reorganization and mirror that of our country. In 1764, providing bulletproof vests for 100,000 consider three original resolutions to Thompson Maxwell moved into the police officers. amend the Standing Rules of the Sen­ area that was to become known as Mil­ s. 1983 ate with respect to committee proce­ ford. In 1773, he took part in the Boston At the request of Mr. HEFLIN, the dure, floor procedure, and germaneness Tea Party and, later, fought along side name of the Senator from Alabama of amendments. 15 other future Milford citizens at the [Mr. SHELBY] was added as a cosponsor The hearing previously scheduled for Battle of Bunker Hill. Fortunately, of S. 1983, a bill to provide that the pro­ Thursday, June 16, at 9:30 a.m., on Sen­ none of those patriots were killed or visions of chapters 83 and 84 of title 5, ate Resolutions 69, 157, and 158, to seriously wounded, although Lieuten­ United States Code, relating to reem­ amend the Standing Rules of the Sen­ ant Maxwell reported he lost one fine ployed annuitants shall not apply with ate with respect to unfunded Federal shirt and one powder horn. respect to postal retirees who are re­ mandates, has been canceled. It is the In 1794, the residents of the south­ employed, on a temporary basis, to understanding of the Senate Rules western portion of Amherst, NH, and serve as rural letter carriers or rural Committee that the Senate Committee the northwestern section of Hollis, pe­ postmaster. on Governmental Affairs plans to con- titioned the New Hampshire General June 10, 1994 CONGRESSIONAL RECORD-SENATE 12635 Court for their independence and to be tails about President Mubarak's lead­ leaders, they do not have the organizational "invested with all the powers, privi­ ership. infrastructure or the military support to ef­ I join many others in being grateful fect a full-scale coup. They have infiltrated leges, and immunities which towns in the army, but only at junior officer level. this State are entitled to enjoy." That to President Mubarak for that leader­ Without the generals they cannot succeed. year, Augustus Blanchard became the ship. After last November's plot, seven of the first chairman of the Milford Board of I ask that the Jerusalem Report arti­ would-be assassins were rounded up and Selectmen and served with Jacob Flinn cle be inserted into the RECORD at this hanged, and a huge arms cache was found in and Benjamin Hutchinson in a tradi­ point. Cairo, complete with underground bunkers, tion that continues to this day. The article follows: explosives and vast quantities of weaponry, including RPG rockets. The find, gloated Some of the earliest opposition to DON'T PANIC ABOUT EGYPT (By Leslie Susser) Hasan al-Alfi, Egypt's minister of the inte­ slavery was heard in Milford. In 1841, rior, was a death blow to the radicals. But Rev. Humphrey Moore, in a speech on Well after midnight on May 4, just hours other Egyptian officials saw the arms cache the New Hampshire State Senate floor, before the planned signing ceremony of the as a worrying sign of unanticipated organiza­ denounced the institution of slavery. Israel-PLO peace deal, President Hosni Mu­ tional capacity on the part of the militants. Several prominent town residents, in­ barak swept dramatically into the sideroom Egypt's Foreign Minister Amr Moussa de­ assigned to the Israeli negotiating team in nounced the Western reports of a threat to cluding Benjamin Gooden and Eliza­ Cairo's Al-Itihad Palace. He put his arm beth Hutchinson, took the name of the regime as stemming from "sheer igno­ around Prime Minister Yitzhak Rabin, took rance of the Egyptian situation." Shimon "come-outers" as a result of their op­ him aside and whispered, "You must give . Shamire agrees: "A regime that has half a position. One hundred and ninety-six Arafat the Muasi area on the Gaza coast million people in the internal security serv­ Milford citizens volunteered to serve in (south of Gaza city)." Rabin agreed. ices, a strong bureaucracy and a firm tradi­ the War Between the States to preserve During the ceremony 10 hours later, when tion of governmental control can hardly be the union of the States. Sixty lost Arafat refused to sign the maps attached to said to be tottering." the agreement, it was Mubarak who, once Israli Foreign Ministry assessments are their lives. Col. Oliver W. Lull, after offstage with the PLO leader, gave him a being gravely wounded, said, "Thank also upbeat about Egypt's ability to remain brutal tongue-lashing and cowed him into the leader of the Arab peace camp. "Even in God I die for my country." putting pen to paper. the unlikely event of a different regime com­ As the railroads connected the town Not for nothing was the signing staged in ing to power, it will still need Western to Nashua and Boston, Milford grew Cairo. Egypt has played a crucial role in money to fight poverty. And that means con­ ~ into a thriving industrial center in the helping Israelis and Palestinians surmount tinuing the peace orientation," says a senior later 19th century. The mills an fac­ innumerable obstacles on the way to agree­ official on the Egyptian desk. tories along the Souhegan River pro­ ment. According to Tel Aviv University's Meanwhile, Egyptian radicals are not hav­ duced textiles, furniture, shoes, and Prof. Shimon Shamir, a former Israeli am­ ing things all their own way, even among the bassador in Cairo and an expert on Egypt, poor, where their hold is strongest. Attacks lumber. The layer of granite under­ Mubarak's role was "decisive." on tourists have sparked something of a neath Milford gave it the nickname Rabin himself has long recognized the im­ backlash-critical articles in the press, a "The Granite Town of the Granite portance of Egy~t. Within two weeks of greater effort by the Islamic establishment State." It has been said that here is forming his coalition government in July to distance itself from them. Shamir points hardly a town or city in the United 1992, he traveled to Cairo, his first trip out that 10 million Egyptians earn a living States that does not contain some Mil­ abroad as prime minister. Because of its from tourism-which, before the radicals ford granite in its buildings, monu­ peace treaty with Israel, Rabin sees Egypt as struck, had become the country's top foreign ments, and in the curbing that makes uniquely placed to bridge differences be­ currency earner, head of the Suez Canal and tween Israel and the Arab world, in particu­ oil. up its streets. In fact, the columns in lar the Palestinians. But what most encourages Israel's Foreign the U.S. Treasury Building are made of The prime minister's aides speak of the Ministry is the spread of a new liberalism granite cut from Lovejoy's Quarry in Rabin-Mubarak relationship in glowing among Egypt's leading intellectuals. With 1908. terms. They say when problems surfaced the collapse of the Soviet empire, Marxist Today, Milford has stretched to a with the Palestinians, Rabin would auto­ ideology, the main intellectual prop for Arab community of almost 12,000 people with matically pick up the phone to the Egyptian nationalism, increasingly has given way to leader. Says one senior aide: "Rabin and Mu­ the new ideology. And for Egyptians, this en­ diversified interests but a common barak are both military .men, arid respect goal. On the bicentennial of the found­ tails a pro-Western, pragmatic, free-market each other's blunt speech, ability to stick orientation-a package that includes peace ing of Milford, we salute its citizens the point and to solve problems in a prac­ and economic cooperation with Israel. and honor their accomplishments, tical way. Mubarak often praises Rabin's And the intellectuals, Dr. Said al-Nagar, their love of country, and their spirit honesty and contrasts it with what he saw as Mustapha Fiqy, Ali Salem and Sa'ad Adin of independence.• former prime minister Yitzhak Shamir's de­ Ibrahim among them, have not stopped viousness." there. They have coined a new concept, Rabin was understandably concerned about "Middle Easternism," which they see as a DON'T PANIC ABOUT EGYPT reports earlier this year that the threat to substitute for Arab nationalism. In facing up Mubarak's regime from Islamic radicals was honestly to the problematics of the region, •Mr. SIMON. Mr. President, the moves growing. He even speculated in closed meet­ toward peace in the Middle East have they argue, non-Arab power brokers have to ing about Mubarak's vulnerability to an as­ be taken into acocunt-Iran, Turkey and Is­ encouraged all of us who have hoped sassin's bullet and, when word got back to rael. for that for so long. Mubarak, apologized to the Egyptian leader Although strongly supported by the lib­ Many countries have played a role in for seeming to doubt his regime's stability. erals, the regime has never openly endorsed that. The height of the apocalyptic reporting on them. Indeed, according to Shamir, the Norway, clearly, played a brokering Egypt was a London Sunday Times spread on Egyptian leadership is somewhat embar­ role in bringing the Palestine Libera­ February 20, quoting American and Israeli rassed by their support because of their out­ tion Organization [PLO] and Israel to­ intelligence sources as saying that the Egyp­ spoken secularism in what is still basically a tian regime was in danger. The report was religious society. gether. Tunisia played a key role in prompted by abortive assassination attempts The regime has chosen rather to fight fun­ being willing to host the PLO during in November on both President Mubarak and damentalism by delegitimizing it in Islamic this transition period and giving an ex­ Prime Minister Atef Sidki, and an inten­ terms. "The radicals have nothing in com­ ample of a moderate government that sification of fighting between Egyptian mon with true Islam," Foreign Minister is successful to the PLO leaders. armed forces and Islamic militants, espe­ Moussa thundered in a recent interview. In Less well-known is the leadership of cially in the South, where the fundamental­ line with this approach, theology professors President Mubarak in Egypt. In a re­ ists hold sway in large areas. from Al-Azhar university often appear on TV cent article I saw in the Jerusalem Re­ The Americans quickly made it clear that to lend their support to the government line. while they believed there could be a long­ And whenever militants cross over to the port on · June 2, 1994 titled, "Don't term threat to the regime, it was not totter­ other side, they are put on television to de­ Panic about Egypt," Leslie Susser tells ing. And Israeli intelligence pooh-poohed the nounce radical practices. in some detail what is happening in the whole story. By their reasoning, even if the Although the liberal intellectuals are a Middle East and provides additional de- radicals manage to assassinate Egyptian relatively small group, the pragmatism they 12636 CONGRESSIONAL RECORD-SENATE June 10, 1994 advocate is widespread. An April survey in not want to stop fighting until they can fin­ action, they cannot force the Security Coun­ the newspaper Akhbar al-Yawm showed an ish the genocide or dominate militarily. cil to take action. That takes nine votes. astounding 80 percent of Egyptians in favor Waiting to intervene until there is " progress When the Americans sought Security Coun­ of warmer ties with Israel- out of Egyptian toward a cease-fire," in Albright's words, is cil approval for military action against Iraq self-interest. like a doctor telling a heart attack victim, after it invaded Kuwait, a majority vote was The survey showed that although there is " Take two aspirins, and call me in the morn­ not ensured. The non-aligned members of the still a great deal of distrust where Israel is ing." Giving one or both of the fighting council were dubious at first. Thanks to the concerned, Egyptians today put economic groups in Rwanda a veto on international hard work and support of Ethiopia and Zaire, self-interest before ideological feuding. intervention is the height of folly. If any­ the council voted to use force against Iraq. There is even heated debate-in the press thing is going to destroy the credibility of After the current wimpish approach to the and the coffee shops-over fears that other the international community in the area of genocide in Rwanda, will the three African Arab countries, particularly in the Gulf, may conflict resolution, the American policy is Security Council votes be with us in the fu­ rush toward normalization of ties with Israel going to do it. ture when we need support for an action we and leave the Egyptians, the pioneers, be­ The Rwandan crisis has all of the charac­ consider to be in America's vital interest? It hind when the fruits of peace begin to ripen. teristics of a situation requiring urgent ac­ may not be a sure thing. Senior Foreign Ministry officials in Jeru­ tion: Second, Rwanda and Bosnia appear to be salem, believe the key to comprehensive Rwanda is inflicting emotional and finan­ setting a new ugly pattern in post-Cold War peace in the Middle East-and to Israel's in-. cial pain on the world community. Let's face politics. Small groups of determined fanatics tegration into the region-lies in Damascus. it, whatever we do in Rwanda, there will be are willing to ride a wave of hatred and eth­ But once that peace is achieved, they say, a bill to pay one way or another. nic fear in order to obtain power or remain the road to the new Middle East will almost Rwanda has become simultaneously a in power regardless of the human cost. certainly run through Cairo.• failed state and a delegitimized state. It has Former communists in Serbia are now ethnic failed because the preVious government has nationalists. Hutu extremists in Rwanda saw self-destructed into semi-anarchy. It is democracy coming and decided that genocide GETTING RWANDA WRONG delegitimized because the new self-pro­ was the price to pay for remaining in power. claimed government is by definition a pariah Where there is a history of ethnic animosity, • Mr. SIMON. Mr. President, Herman because of its determination to exterminate Cohen, the former Assistant Secretary it only takes a simple "Kill them before they an entire ethnic group. kill us" to set off the powder keg. Inter­ of State for Africa in the Bush admin­ A significant population is at risk. Indeed, in areas controlled by the death squads, the national inaction in Rwanda and insufficient istration, recently had a column in the action in Bosnia are sending a signal to Washington Post on the Rwanda situa­ Tutsi have essentially been wiped out. Geno­ nasty people everywhere: "You can get away tion. cide is qualitatively a lot worse than any of with it now." I described the response of this ad­ the normal human rights situations we Finally, the United States and other im­ worry about around the globe-China, for ex­ portant powers should start working to give ministration and the Bush administra­ ample. tion to Bosnia as "anemic" and, I re­ For the above three reasons, the appro­ the United Nations the ability to put out gret to say, the response to Rwanda priateness of international intervention fires while they are still smoldering. The has been the same. could not be more apparent. The fighting is U .N. secretary general proposed such a rapid clearly not susceptible to an early cease-fire, reaction capability in the "Agenda for The op-ed piece by Herman "Hank" Peace" proposal of July, 1992, which has so Cohen outlines what a sensible policy and even if a cease-fire could be arranged, the endangered populations would still be en­ far received very little attention. If the should be. Agenda for Peace cannot be implemented I ask that the Herman Cohen article dangered wherever there are death squads still roaming the countryside. throughout the world, why not start it at be entered into the RECORD. I also ask In addition to the demand that a cease-fire least in Africa? unanimous consent that the letter sent be on hand before the dispatch of troops, the At the opening of the Holocaust Museum, by Senator JAMES JEFFORDS and myself United States is making matters worse by President Clinton pledged that " we will to President Clinton on Rwanda be in­ insisting that any U.N. troops work from the never allow another Holocaust." Another outside to protect Rwandans fleeing the Holocaust may have just slipped by, hardly serted into the RECORD. We sent this noticed. letter after talking to the Canadian fighting in camps in the border areas. That general in charge of the U .N. military tactic would only increase the number of ref­ ugees spilling over into neighboring coun­ U.S. SENATE, operation in Rwanda. tries, which cannot handle the ones already COMMITI'EE ON FOREIGN RELATIONS, One of the points that Herman Cohen there. The only way what is left of the Tutsi Washington, DC, May 13, 1994. makes in his column is that the United population can be saved is for troops to work President WILLIAM J. CLINTON, Nations has to be modified so that it from the center so that death squads will be White House, can move quickly on the world emer­ intimidated into melting into the general Washington, DC. gencies. population. DEAR MR. PRESIDENT: we are concerned By standing in the way of African troops about the continuing disaster in Rwanda, I could not agree more. and the failure of the international commu­ I urge my colleagues, who may have intervening in Rwanda under "combat" terms of engagement, the United States is nity to halt or even diminish the slaughter been out of town when the Herman effectively imposing upon the Security taking place there. Cohen op-ed piece appeared in the Council the same rule that it applies to it­ We have been consulting with those who Washington Post, to read it now. self. That is to say, the administration sees work with the refugee community including The material follows: no vital American interest engaged in Rwan­ a Rwandan who barely escaped from the dis­ [From the Washington Post, June 3, 1994) da, and therefore does not want U.N. troops aster; General Romeo Dallaire, the Canadian military leader in charge of the remnant of GETI'ING RWANDA WRONG to have a muscular mandate even though Af­ rican troops would be willing to take on such United Nations troops in the capital city of (By Herman Cohen) a difficult and dangerous assignment. Is the Kigali; and others. American policy on Rwanda is difficult to U.S. government worried that such an oper­ We suggest the following action be consid­ understand. Statements made by Madeleine ation would constitute a slippery slope to ered immediately and acted upon swiftly: Albright, the U.S. ambassador to the United eventual American troop involvement if the 1. The United States should send a signal Nations, indicate that Rwanda is viewed as a military situation gets worse rather than to the present government, such as it is, and traditional peace-keeping problem, when it better? With such a "what if" policy, the to those who rebel, that a government which is really a "Call 911!" problem. Traditional United Nations is effectively paralyzed from does not strive to halt the civil war, elimi­ peace-keeping calls for a negotiated cease­ doing anything except traditional peace­ nate the massacres,. and assist in getting fire followed by the arrival of lightly armed keeping, which is exactly where it was dur­ food to hungry people, regardless of ethnic multilateral forces who monitor and observe. ing the Cold War. background, will not receive assistance from Rwanda, on the other hand, is a case of It may be too late to save the Tutsi of the United States, and we will encourage the planned, systematic murder of men, women Rwanda. After three weeks of systematic community of nations to follow a similar and children who happen to belong to a par­ killing that must be called " genocide," we policy. ticular group-the Tutsi. can probably only learn some lessons for the 2. The United States should take steps to Both the self-proclaimed government of "new world order," which seems to be elud­ discourage the importation of arms into Rwanda, which has armed the death squads ing us. Rwanda. who are doing the ethnic killing, and the First, we should remember that while five 3. The United States should press the Unit­ rebel Rwanda Patriotic Front fighters, do big powers in the Security Council can veto ed Nations Security Council to immediately June 10, 1994 CONGRESSIONAL RECORD-SENATE 12637 approve an increase in authorized UN force He had been so hacked and hewed about, so That sexual harassment exists is unques­ levels of the United Nations Assistance Mis­ exposed to the gaze of the vulgar, so mauled tionable, but that many minor acts of sexual sion to Rwanda (UNAMIR). General Dallaire, by the public, that he could never more be misconduct are overdramatized is also true. the UN forces commander in Rwanda, has in­ anything but the wretched being who had To avoid trivializing those who suffer the dicated that a minimum of 5,000 troops been tried for the murder of his enemy. He real thing, we must reject the idea that any would be necessary to ensure a credible UN could never more enjoy that freedom from unwanted advance or remark constitutes presence. He believes a force of 8,000 would self-consciousness, that inner tranquility of harassment. There is a difference between an effectively achieve the desired results. The spirit which [is] essential to public utility. unwanted encounter, which may upset a force should have the mandate to (a) stop the Mort Zuckerman, to his credit, says woman, and pressure applied-such as massacres; (b) protect civilians throughout threatening a woman's job security-or on­ the country; and (c) facilitate the delivery of that the field of journalism needs a going demeaning treatment. Those wrongly humanitarian assistance. General Dallaire better perspective on things. accused have their own kind of ordeal trying believes a force of that size could effectively I agree. to prove a negative. achieve the desired result. Obviously there I ask that his editorial be placed into The sad fact is that the news cycle works are risks, but an end to the slaughter is not the RECORD at this point. in such a way that allegations alone, with­ possible without this action. These can be The editorial follows: out proof, burst into the headlines. It is all primarily African-nation troops, though very well to say the accused later went free [U.S. News & World Report, May 23, 1994) some non-African troops should participate. without a stain on his character. The reality The United States should assist the United BElllND THE PAULA JONES STORY was more accurately portrayed by Anthony Nations with finances and provide some (By Mortimer B. Zuckerman) Trollope in his account of Phineas Finn, who basic equipment to some of the less well Every time you think politics and the was acquitted but could never go into the equipped forces. media cannot get sleazier, there's a nasty House of Commons without being made to Delays, or simply doing nothing, are not surprise around the corner. The escalation of feel guilty: "He had been so hacked and acceptable substitutes for a foreign policy of the depressing and disgusting charge of sex­ hewed about, so exposed to the gaze of the leadership. Human life is at stake, and swift ual harassment leveled at President Clinton vulgar, so mauled by the public, that he and sound decision-making is needed. epitomizes how much downscale tabloid val­ could never more be anything but the We request that you ask your top military wretched being who had been tried for · the and diplomatic personnel to immediately ues now pervade American discourse. No doubt the alleged scene will soon be on Court murder of his enemy. He could never more analyze the soundness of our proposals, and enjoy that freedom from self-consciousness, to report back to you quickly so that timely TV in some form with a motion picture to follow. The bandwagon everybody wants to that inner tranquility of spirit which [is[ es­ action can be taken. sential to public utility." Sincerely, jump onto is a garbage truck. It does not pass the smell test. Paula That is the cost to the public in the deg­ PAUL SIMON, radation of standards we are witnessing U.S. Senator. Corbin Jones, then a state employee, says that when Bill Clinton was governor of Ar­ today. We can do more than regret this. We JIM JEFFORDS, can take a public stance against the abuse of U.S. Senator.• kansas he used a state trooper to invite her to a hotel room in Little Rock during a the courts for political and personal pur­ state-sponsored conference and put pressure poses. Let us oblige the plaintiffs to pay all BEHIND THE PAULA JONES STORY on her to engage in a sexual act. Why didn't or part of the legal costs of both . sides if she yell foul the next day? Why did she fail their claims are found wanting. And it is • Mr. SIMON. Mr. President, I am a to make the charge during the six months high time the media forbore to give such journalist by background, and I confess required under law for such charges? Why did claimants a victory in the court of public I am concerned by the lack of propor­ she keep silent during the presidential cam­ opinion before they are heard in a court of tion that seems to be too often typical paign when Clinton's relations with women law.• of the coverage of events. were a hot issue? Why now? What we have is I read the accounts---and I have no the moral and legal equivalent of a late hit in football. WANT TO REALLY HONOR way of knowing their accuracy-that INDIANS? DROP THE NICKNAMES the hitting of the knee of Nancy The odor intensifies with the information Kerrigan and all that followed received about attempts to profit from the alleged in­ •Mr. SIMON. Mr. President, one of the three times as much media attention cident. According to an affidavit signed by a ways we continue to overtly show rac­ Little Rock businessman, one of Jones's law­ ism in our country is to continue to as the fall of the Berlin Wall, and that yers tried to send word to Clinton that he the Whitewater matter has received should reach a settlement with Jones or be use American Indian nicknames for our three times as much coverage as health publicly embarrassed and that " it would help athletic teams. care reform. It would not surprise me if if President Clinton would get Paula a job I have offended a great many people those figures are accurate. The Colum­ out in California," where the president has in Illinois by being opposed to the use bia Journalism Review said that the Hollywood friends. (The lawyer claims he of Chief Illiniwek for the University of weekday coverage devoted to was misunderstood.) Only when Clinton re­ Illinois, and I'm pleased that gradually Whitewater by ABC, CBS, and NBC in fused was the suit filed. the movement is away from that Can anybody doubt that this suit would stereotyping. the first quarter of 1993 amounted to not have been filed if Paula Jones was not 284 minutes, and the weekday coverage To equate American Indians with counting on the press being right outside the animals, as we do when we use a term devoted to health care debate in the door, salivating to cover the case and offer first quarter of 1993 by the same three her money? The down-and-dirty tabloids and like the Washington Redskins along networks was 90 minutes or less than that new affliction, tabloid TV, have no with the Los Angeles Rams and the one-third of the attention devoted to qualms about such a story. Digging up dirt, Chicago Bears, is grossly insensitive. Whitewater. or manufacturing it, is their business. That What reminded me of this again is an Recently, I read an editorial column is not new. What is new is the alacrity with excellent column in the Chicago Trib­ by Mortimer B. Zuckerman, editor-in­ which the mainstream press and television une written by Barry Temkin, which seem to feel obliged to regurgitate the bile. chief of U.S. News & World Report, deals with this subject. Cliff Jackson, the perennial Clinton hater, I ask that the Barry Temkin article commenting on the role of the media in understood this well. He saw how Clinton's our democracy. be inserted in to the RECORD at this enemies could seize the suit as a political point. He comments: "The sad fact is that weapon. He recognized that this is a feminist the news cycle works in such a way era: The general presumption is the.t a The article follows: that allegations alone, without proof, woman would not claim sexual harassment [From the Chicago Tribune, May 8, 1994] burst into the headlines. It is all very unless it were true. Otherwise, why would WANT TO REALLY HONOR INDIANS? DROP THE well to say the accused later went free she expose herself to the publicity? Wendy NICKNAMES without a stain on his character." Kaminer has analyzed it in the Atlantic (By Barry Temkin) Then he quotes from a character por­ Monthly. "Sexual violence," she writes, " is a One of the more baffling aspects of Amer­ unifying focal point for women . . .. It is ican sport is how strongly people defend trayed by Anthony Trollope, who was heresy, in general, to question the testimony their schools' use of Indian nicknames. acquitted but was made to feel guilty of self-proclaimed victims of date rape or You would think schools would be lining whenever he went into the House of harassment . . . . All claims of suffering are up to dump names that were born of stereo­ Commons: sacred and presumed to be absolutely true." types and that insult an entire people, but 12638 CONGRESSIONAL RECORD-SENATE June 10, 1994 suggest jettisoning them and educators, stu­ them up. Not wanting to lose their athletic they are playing by the rules; they are dents and alumni react as though you had heritage, they unintentionally thumb their raising their young children. Yet, they advocated boarding up the gym. noses at the Indians' heritage instead and are still getting crushed by their So while some schools have changed their continue our tradition of believing we're heal th care needs. Michael is an associ­ nicknames, progress is slow. College and doing Indians a favor when we're actually high school directories (including Illinois') doing anything but that. ate church pastor and suffers from still feature plenty of Indians, Redskins, Defenders of Indian nicknames point out Crohn's disease. Leslie had both her Braves, Chiefs and Warriors, all of which that not all Native Americans mind them. gall bladder and her appendix removed keeps the nickname debate in the news. Many, however, do, and when an honor-roll in the last year-something that can Just in the last month, the University of student such as John Teller admits it both­ happen to any one of us at any time. Iowa Athletic Board voted to ban from the ers him to play against teams with Indian On top of all that, they are still dealing school's athletic events mascots depicting nicknames and to watch them on TV, it's with the cost of the births of their two American Indians, and Wisconsin's super­ time for all you Indians and Redskins out children, Bethany and Seth, neither of intendent of public instruction asked more there to pay attention. than 60 districts to consider dropping Indian Some of you say you get misty-eyed whom have particularly good health. nicknames and mascots. watching your schools' mascots dance up and These medical needs are not extraor­ John Teller watches all this activity with down the sidelines. In reality, it's a crying dinary when you have something called interest and irritation. He is a Menominee shame.• health insurance. But these medical Indian, a sophomore at Menominee Indian needs turn into absolute nightmares High School in Keshena, Wis., about 40 miles when health insurance is not there, northwest of Green Bay. ORDER OF PROCEDURE Teller plays on the school's basketball and when it disappears at the wrong time, baseball teams, and he has competed against Mr. FORD. Mr. President, I ask unan­ for whatever reason. Chiefs and Indians. He has heard the ration­ imous consent that upon the conclu­ About 6 years ago, when Leslie, the alizations used to justify those and other In­ sion of the remarks by the distin­ mother, was pregnant with Bethany, dian nicknames, and he doesn't buy any of guished Senator from West Virginia the church that employed Michael felt them. [Mr. ROCKEFELLER], that the Senate that it had to switch health plans. The The main justification white people give stand in recess as previously ordered. Saunders were assured that even with for using Indians as mascots is that it some­ The PRESIDING OFFICER. Without their preexisting condition-his how honors Native Americans. Teller would objection, it is so ordered. Crohn's disease, that is, and as out­ like to decline the honor. "White people, when they run around Mr. FORD. Mr. President, I suggest rageous as it sounds, her pregnancy, doing the tomahawk chop and dressed up as the absence of a quorum. which is considered a preexisting con­ a toy Indian, they think that brings pride to The PRESIDING OFFICER. The dition-and most times in this country, Indians, but it doesn't," said Teller, whose clerk will call the roll. if you do not have health insurance and parents teach at his high school. "I consider The legislative clerk proceeded to you become pregnant, you cannot buy those acts very demeaning to our ancestral call the roll. health insurance because your preg­ culture." Mr. ROCKEFELLER. Mr. President, I nancy is considered a preexisting con­ Teller understands that most white people mean no disrespect toward American Indians ask unanimous consent that the order dition, and that was the case with Les­ in their use of nicknames, but he also under­ for the quorum call be rescinded. lie. So they had been assured that, stands that's not the point. Insults are as The PRESIDING OFFICER. Without even with the Crohn's disease and her much a matter of perception as intent. If In­ objection, it is so ordered. pregnancy, they would be covered by dians perceive these nicknames as insulting, Mr. ROCKEFELLER. Mr. President, I health insurance. That sounded like ev­ then they are. ask unanimous consent that I might be erything would be OK. But that insur­ People who deny that ignore the fact that allowed to proceed for several minutes ance company then went bankrupt. most of these nicknames stem from a cen­ as in morning business. Just a few months later, the Saun­ tury-old stereotype of Indians as warlike savages. It may be convenient for them to The PRESIDING OFFICER. The ders found themselves where millions forget history, but Indians don't have that Chair notes that the Senate is in morn­ of other Americans fall every day: luxury. ing business. Working, working hard, playing by the Reminders, after all, are as close as Oct. 2, The Senator is recognized. rules, but with no health care insur­ when the Cowboys will battle the Redskins ance. in the NFL. For Michael and Leslie, the result Teller says it's no coincidence that Indians HEALTH CARE REFORM was especially costly because she had and animals provide so many of our athletic Mr. ROCKEFELLER. Mr. President, just had a baby. Because they lost nicknames. "It's not a problem when you make fun of as we are being reminded every minute their health insurance, Mr. President, a bird or an animal," Teller said, "but when of every day now, we are at a critical just when they needed it, the Saunders you make fun of a proud people, it dehuman­ juncture of health care reform. As the family is swimming in debt; they owe izes them. You're putting Indians in the clock ticks, the Congress still has to many thousands. I know this because I same category as animals, and we're not ani­ make the key decisions that will shape went and visited and talked with them mals." the final bill. Will Congress enact re­ in their home, as I do every day I am in White people, Teller says, believe they un­ form that guarantees universal cov­ derstand the complexities of American In­ West Virginia; I go and visit some fam­ dian culture when they don't. Menominee In­ erage and that guarantees strong cost ily that has a health insurance crisis, dian High School's nickname, for example, is containment, or will we not? That is or feels that it is going to have a Eagles, but the school's mascot is raccoon. still a question, Mr. President. health insurance crisis, so that I can "The eagle is sacred to us," Teller said, I am here to tell how one particular see heal th care through the eyes of the "so using one as a mascot would be demean­ family, a West Virginia family, hopes people that I serve and that I represent ing. In our culture, the raccoon is a trick­ and prays that we in the U.S. Senate see that they cannot afford to buy ster, a joker. At our games, the raccoon mas­ answer that question positively. Last health insurance, Mr. President. Each cot does somersaults and spins and makes week, I visited a young family in Mar­ everyone laugh.'' month they try to do the best they can. Lately, defenders of Indian nicknames tinsburg, in what we call the eastern Out of his earnings they pay $25 to the have tried to trivialize the debate by label­ panhandle of West Virginia. I was re­ hospital each month-that is all they ing their critics as advocates of political cor­ minded in the clearest terms possible can do, but they do it regularly-$25 to rectness. just why we must stay focused here in make good on their huge medical The fight against these nicknames, how­ the Senate, why we must succeed here debts. ever, predates the so-called PC movement. It in the Senate, and why we must keep They put off other medical needs, isn't just some knee-jerk reaction to a minor like their children's allergies because item of propriety, but rather a response to a our promise of real heal th care reform. remnant of a sad chapter in U.S. history. Leslie and Michael Saunders, Mr. they cannot afford the $400 for treat­ People become fiercely attached to their President, are an all-too-typical Amer­ ment. And they pray for the good schools' nicknames and are loath to give ican family. They are working hard; health of each family member. June 10, 1994 CONGRESSIONAL RECORD-SENATE 12639 Mr. President, we talk around here keep their health care. All of us, of sure, because I think Nelson Mandela is often about families not having enough course, in Congress will keep our promising universal health insurance of this or that so they have to trade be­ health care and still ·have little to to his people. So it may be us alone if tween heal th insurance and food. This worry about when they need a doctor. we do not do our work correctly as Re­ family does. This family has to give That will be for the wealthy and those publicans and Democrats here in the their two small children less food and of us who serve in Congress. We will do U.S. Congress and particularly here in poor quality food because they cannot well. Poor Americans will get free the U.S. Senate. afford to do otherwise. And because health insurance because they belong Remember what Michael Saunders they do not have health insurance, and to something called Medicaid and they told me. Health care reform is not they are paying this amount of money will get a decent benefits package and about politics, it is about people. a month, they are on the edge all the it will be entirely free. Visit with the Saunders families of time. For the rich, fine; us, fine; the poor, the various States that my colleagues In the next weeks, as Congress pon­ fine. But working class Americans will come from, and universal coverage is ders the key issues in health care re­ still have to fear being left out in the no political buzzword. Universal cov­ form, everybody should stop and think cold. Any day, any week, they will erage is not just a phrase that can be about families like the Saunders fam­ have that fear, and so will young fami­ defined the way it is easiest for Con­ ily. I will be thinking about them all lies, and so will people when they gress to achieve. It is the heart of the time. They define what real health switch jobs. heal th reform. It is the way to promise care reform is about, guaranteed cov­ I suggest that millions of families security to all Americans so they can erage for all Americans, for working just like Michael and Leslie Saunders work, raise their children, have a baby, families like the Saunders, families will be unable to get or to afford health and contribute to their community and who were doing everything right; play­ insurance. They will have to continue to the strength of the country that ing by the rules, paying their taxes, cutting corners, postpone seeing a doc­ they love and work for. and trying to pay off their medical tor, and walk into a hospital emer­ I thank the Chair and I yield the bills. Affordable coverage, so the em­ gency room when they are seriously ill floor. ployees like the tiny Tri-State Church to get treatment, too late for treat­ Mr. DOMENIC! addressed the Chair. in Charles Town, WV, can do their ment, where the cost of their care will The PRESIDING OFFICER. The Sen­ be shifted right onto the bills of in­ ator from New Mexico. share in covering the people who work Mr. DOMENIC!. Parliamentary in­ for them like Michael Saunders does. sured patients. The idea that pregnancy can be con­ So, Mr. President, as we continue to quiry, Mr. President. What is the pend­ ing business? sidered as a preexisting condition debate and discuss health care reform­ Mr. ROCKEFELLER. Will the Sen­ would be a joke, Mr. President, if it as we caucus and meet in our commit­ ator yield? I was just handed some­ were not so true and so wrong. The idea tees and start putting together bills-I thing. that a hardworking family, a church ask my colleagues, I beg of my col­ Mr. DOMENIC!. I yield. pastor cannot find health insurance in leagues, to think about the families in Mr. ROCKEFELLER. I thank the a country called America is an outrage; their own States who are just like Mi­ Senator from New Mexico. and the idea that young parents have chael and Leslie Saunders of West Vir­ to cut corners on health care, have to ginia. cut corners on food for their children is I suggest we do our final work on EXECUTIVE SESSION nothing short of tragic. health care reform with young, hard­ Mike Saunders put the debate over working, hopeful families as our moral health care reform into pretty clear compass. Because, if we fail to pass EXECUTIVE CALENDAR terms as far as this Senator is con­ real reform with universal coverage, we Mr. ROCKEFELLER. Mr. President, I cerned when he sat in his living room will doom those families and many, ask unanimous consent that the Sen­ and he said: "In Washington health many more young families, to sleepless ate proceed to executive session to con­ care is about politics, but remember we nights worrying that a daughter's sider Calendar No. 321, Everett M. are out here with our real lives." cough might require a visit to the doc­ Erhlich, to be Under Secretary of Com­ That is what he said. That is some­ tor, which they cannot afford and do merce for Economic Affairs. thing that we cannot and dare not lose not have insurance for; and to after­ The PRESIDING OFFICER. Is there sight of. We have to enact a health care noons watching, for example, a son'.s objection? plan in response to the real worries and Little League game in fear that a bad Mr. DOMENIC!. Mr. President, I will the real needs that are part of real life hop on a ground ball might mean a not object. But when that is finished, that the Saunders are living with every couple of stitches, and you have to pay would I have a chance to propound a day; that is about making sure that for stitches; and to anguish over what unanimous consent that I might speak every American has guaranteed private should be a joyous pregnancy. For as if in morning business? insurance that can never be lost or can Heaven's sake, pregnancy, a preexist­ The PRESIDING OFFICER. The Sen­ a tor will be recognized. never be taken away; that those Saun­ ing condition. Mr. DOMENIC!. I have no objection. ders kids will be able to eat what they You are a young woman in the Unit­ Mr. ROCKEFELLER. I thank the ought to be eating and they will never ed States and you do not have health Senator. have to worry about health insurance; insurance because you think you are I further ask unanimous consent that that nobody-nobody-can intervene in going to live forever. You get married. the nominee be confirmed, that any their life and take their health insur­ You get pregnant. You do not have statement appear in the RECORD as if ance away. health insurance. You apply for health read, that upon confirmation, the mo­ There are some who say that univer­ insurance. You cannot get it because tion to -reconsider be laid upon the sal coverage, health insurance for all you were pregnant, because that is table, the President be immediately Americans is not necessary; that if we something called a preexisting condi­ notified of the Senate's action, and the set our sights lower, to goals like aim­ tion. Senate return to legislative session. ing to cover 90 percent of Americans, That is what we are offering people The PRESIDING OFFICER. Without that that is still real reform, that is in the United States of America today, objection, it is so ordered. still acceptable and we should finish Mr. President. The nomination considered and con­ the year with that declaring success. No other industrial country, no other firmed is as follows: Mr. President, Leslie and Michael civilized country-I used to say that DEPARTMENT OF COMMERCE Saunders respectfully disagree. If we only the United States and the Union Everett M. Ehrlich, of Pennsylvania, to be give up on universal coverage, here is of South Africa treated people the way Under Secretary of Commerce for Economic what happens: Wealthy Americans will we do in health care. Now I am not so Affairs. 12640 CONGRESSIONAL RECORD-SENATE June 10, 1994 STATEMENT ON THE NOMINATION OF EVERETT the Congress. This is the kind of good STOP THE GENOCIDE IN RWANDA MICHAEL EHRLICH government we need at the Census Bu­ Mr. MOYNIHAN. Mr. President, I rise Mr. HOLLINGS. Mr. President, I rise reau. today to address a matter of the ut­ to support the nomination of Everett Dr. Ehrlich was nominated on May most gravity, namely the genocide Ehrlich to be Under Secretary for Eco­ 24, 1993, and a hearing was held on his being committed even as we speak in nomic Affairs at the Department of nomination by the Commerce Commit­ Rwanda. This weekend, Roger Winter, Commerce. If confirmed, Dr. Ehrlich tee on June 23, 1993. His nomination director of the U.S. Committee for Ref­ will advise Secretary of Commerce was favorably reported by the commit­ ugees, published a chilling account of Brown on the economic status of the tee on August 3, 1993. Dr. Ehrlich has the slaughter in the Washington Post country and will supervise the statis­ responded to both pre-hearing and entitled "Journey Into Genocide: A tical and economic analysis activities post-hearing questions by the commit­ Rwanda Diary." He writes: within the Department. In his capacity tee. Dr. Ehrlich has been waiting since Go deep inside Rwanda today and you will as Under Secretary for Economic Af­ August 3-over 10 months-for his nom­ not find gas chambers or massive fairs, he will oversee both the Bureau ination to be considered and voted on crematoria. But you will find genocide. And of the Census and the Bureau of Eco­ by the full Senate. It is high time that if you linger amid the bodies and stench at nomic Analysis. we consider this nomination. Rwanda's human slaughter sites long Hopes for economic recovery will be enough, you will gain-as I did-a horrified short lived unless the U.S. Government sense that in some ways this frenzied at­ develops an economic strategy that LEGISLATIVE SESSION tempt to annihilate an entire population will preserve our manufacturing base, contains scenes eerily reminiscent of the The PRESIDING OFFICER. Under "Final Solution" attempted 50 years ago. protect it from predatory trade prac­ the previous order, the Senate will now This is not a comparison I make for cheap tices, assist it in developing new tech­ resume legislative session. shock value. After 15 years of reporting on nologies, and foster a spirit of coopera­ the violence that produces refugees around tion between business and government. the world, I am familiar with the carnage of In these endeavors, it is important that A GENUINE HERO war, the smell of dead bodies and the butch­ ery of innocent civilians. What I saw in U.S. policy be founded on accurate, Mr. MOYNIHAN. Mr. President, I rise useful, and timely economic data. Rwanda two weeks ago was different from today to recognize the passing of a be­ anything I have ever seen before. As the Under Secretary for Economic loved New Yorker, Alberto Alonzo This was not a conventional bloodletting. Affairs, Dr. Ehrlich would bring quali­ Tubbs. I ask that the memorial, writ­ What happened in Rwanda-and still is hap­ fications and experience to this task. ten by Mr. Tubbs's family, be included pening-is qualitatively different. For 5 years, he served as vice president in the RECORD. I am not aware of anyone who actu­ for economic and financial planning at There being no objection, the memo­ ally disputes the conclusion that this Unisys Corp. in Blue Bell, PA, a For­ rial was ordered to be printed in the is, in fact, genocide. Not just horrible tune 50 company and the third largest RECORD, as follows: violence to which some have attached computer systems manufacturer in the A GENUINE HERO the label "genocide" without any real country. At Unisys, Dr. Ehrlich was understanding of the meaning of the the executive responsible for corporate Our Hero passed away at 3:30 p.m. today June 5, 1994. He was a quite man, asking very term. But genocide in fact. The cal­ transactions involving assets valued in little always giving all he could. A coal culated, methodical effort to destroy a excess of $1 billion. He also was a key miner to the age of 43, foreseeing that oil people in whole or in part. player in developing corporate strat­ would replace coal as our energy source, he There being no reasonable grounds to egy, with particular responsibility for mastered a new job, auto worker for GM debate whether this is genocide, there expanding the civilian business of its until retirement at age 63. He took early re­ is no need to debate the appropriate re­ defense subsidiary. During his tenure tirement, so as to create one job (the most he could give) to the younger generation. sponse. The Senate had that debate with the Unisys management team, the several years ago. It had that debate company generated $1 billion in cash Baseball being his favorite sport, as a pitcher he had a wicked fastball that dropped when it chose to ratify the U.N. Con­ flow as part of the company's financial straight down right in front of home plate. vention on the Prevention and Punish­ recovery. Pneumonia during his late teens prevented ment of the Crime of Genocide. Not the Prior to his employment with him from trying out for the major leagues. tragedy of genocide; the crime of geno­ Unisys, Dr. Ehrlich worked for the Leta and Sonny being already with you cide. The United States-with the ad­ Congressional Budget Office [CBO] God, they already know and we have to ask: vice and consent of the U.S. Senate­ from 1977 to 1988, where he was pro­ Why did you pick today to call him home? It voluntarily accepted the obligation moted to the position of Assistant Di­ being a beautiful Sunday afternoon, the day before the 50th anniversary of D-day. Was it under article I of the convention to rector for the Natural Resources and prevent and to punish the crime of Commerce Division. Dr. Ehrlich will be because he always felt guilty of being too old (33) and having the responsibility of a wife genocide. able to draw on his experience in gov­ and 5 children to serve. Maybe it was to show The slaughter in Rwanda is continu­ ernment and in the private sector to how proud he was of the three boys and one ing because the murderers have no fear ensure that the Department's economic daughter who served during the Korean con­ of international retribution. So far, analyses are responsive to the needs of flict, his baby girl being too young to serve. their contempt for world opinion has both policymakers and American busi­ Could it be because he was a strong believer been most sadly justified. The distin­ ness. in unions and as president of the Blooming­ ton local of the UMW A he was forced to guished journalist and commentator Dr. Ehrlich said at his confirmation Roger Rosenblatt has written a grip­ hearing and in his written responses to strike during WW II. When the Government took over the coal mines he unhesitatingly ping article entitled "Rwanda Ther­ the committee's questions that, if con­ led the workers back to work as they raised apy" in the New Republic. In that arti­ firmed, his top priority would be to the flag over every coal mine in the United cle he recounts a conversation among plan for the 2000 decennial census. We States. Or was it simply sending the message journalists concerning the gross atroc­ all know that there were major prob­ to the world that you wanted peace not war ities they have witnessed during their lems with the 1990 decennial census. In among your family of nations. Maybe you careers. He recounts this story told by addition, Dr. Ehrlich has indicated wanted the world to remember that the indi­ vidual family is the real backbone of your Els Detemmuman, a television journal­ that he would work to make the Bu­ ist from Belgium: reau of the Census and the Bureau of Kingdom and the secret to peace is asking for very little while giving as much as you She told of something she had seen only a Economic Analysis models of innova­ can. few days before in northern Rwanda. She was tive efficient, and effective information This genuine hero is our father Albert traveling with her TV crew when their truck collection and dissemination while pre­ Alonzo Tubbs. was stopped by Hutu militia. Ahead of them, serving their integrity and adherence The surviving immediate family are Gary, in the middle of the road, some twenty-five to the missions specified for them by Billy Boy, Patty, and his baby girl Becky. Tutsi men, women and children had been June 10, 1994 CONGRESSIONAL RECORD-SENATE 12641 herded into a circle. Then the militia waded deed, must-act, and it needs the re­ nificantly higher productivity growth in with machetes, hacking at the people sources to do so. than in past recoveries-took root until they all were dead and many lay in Mr. President, action taken today under the past administrations, and pieces* * *. "Why didn't the militia kill you and your will be too late for hundreds of thou­ were pushed in a positive manner by a crew?" sands. The mind can hardly com­ responsible Federal Reserve Board. "They were entirely indifferent to what prehend the scope of this crime. But These are factors that have shifted the the world would think," she said. "When vigorous, multilateral action taken economy into a quickening pace. Let they finished, they signaled us to move today with strong U.S. support will not me repeat them: Low inflation, low in­ ahead and we drove on through the blood." be too late for many hundreds of thou­ terest rates, and high -productivity To repeat: "'.!'hey were entirely indif­ sands more. They await our action. growth which took root over the last 12 ferent to what the world would think." years, and a responsible Federal Re­ Mr. President, we must act with serve Board are the true contributors great vigor to support the efforts of the IRRESPONSIBLE CONGRESS? to this economic recovery. They are United Nations and Rwanda's neigh­ HERE'S TODAY'S BOXSCORE part of it. They made it happen. bors to halt this slaughter. And to pre­ Mr. HELMS. Mr. President, as of the Third, the factors motivating busi­ vent the further disaster awaiting the close of business on Thursday, June 9, ness today began in the 1980's, when hundreds of thousands who have fled. the Federal debt stood at the Government revamped policy to There is a definite mission in Rwanda. $4,601,856,248,523.77. This means that on foster a low-cost, low-overhead, low-in­ It is set forth in the Convention on a per capi ta basis, every man, woman, flation business environment where Genocide: To prevent and punish those and child in America owes $17,651.18 as Government gets out of the way'.' who are even now committing this his or her share of that debt. It is most interesting to note, for crime. those who frequent Europe these days, I cannot close without adding two the papers are full of new politicians comments. First, the world has known ORDER OF PROCEDURE. asking why is the European economy far too much of genocide in this cen­ Mr. ROCKEFELLER. Mr. President, I stagnant? Why is it not producing any tury. And we cannot afford to continue further ask unanimous consent that new jobs-literally? Why is unemploy­ to shrink from the obligation we have Senator DOMENIC! be recognized to ad­ ment so high? The average is 10 percent undertaken to stop it. When the con­ dress the Senate and that at the con­ around Europe, including the better trolling factor of the cold war was re­ clusion of his remarks the Senate economies like the German economy. moved, there was waiting, in the su­ stand in recess, as previously ordered. And the conclusion they are all coming perb phrase of the eminent scientist The PRESIDING OFFICER. Without up with is it is the enormous regu­ Edwin 0. Wilson, "a coiled and ready objection, it is so ordered. latory burdens on business and the ethnicity ..." We must act so that The Senator from New Mexico is rec­ enormously high costs imposed upon those who would undertake genocide in ognized. labor-that is, businesses have to pay Rwanda, to commit ethnic cleansing in The PRESIDING OFFICER. The Sen­ an inordinate amount as fringe benefits Bosnia, to use systematic rape as a ator from New Mexico. and indirect costs of labor, and they weapon of war anywhere do have a con­ are all busy trying to change this situ­ cern for the opinion of the world. How ation so they can compete again. the world responds to genocide in PRODUCTIVITY LEADS GROWTH So the low-overhead, low-inflation Rwanda will perforce be a precedent, Mr. DOMENIC!. Mr. President, last business environment started shortly for good or for ill. To date, the prece­ Friday, with the release of May's em­ after Ronald Reagan took office, and dent is deeply discouraging. ployment statistics, this administra­ the days of enormously high inflation Finally, let me say that the Congress tion attempted, as I viewed it, to take which preceded his coming to office are must be prepared to provide the funds complete credit for the current eco­ gone now, and that is probably the that are required to participate effec­ nomic recovery. The President's eco­ most significant positive effect on the tively. I have served as the U.S. perma­ nomic policy adviser, Robert Rubin, American economy, on the confidence nent representative to the United Na­ and the economic council head, Laura of business, and on jobs in the United tions. I have been the President of the Tyson, linked the good employment States. Security Council. No one knows better news with the administration's budget So while this administration at­ than I of the need to bring fiscal dis­ plan that passed last August. But noth­ tempts to lay claim to the successes cipline to the United Nations. And we ing could be further from the truth. created by low inflation and high pro­ should pursue reform with tenacity. As we have learned from recent ex­ ductivity growth, the facts show that But we have chosen to attempt to en­ cerpts from the book named ''The they are really reaping the benefits of force fiscal discipline at the United Na­ Agenda," by Bob Woodward, the ad­ seeds sown in prior years. tions by undermining our own moral ministration's strategy for selling Moreover, while administration offi­ authority there. That is the ironic re­ their budget, a budget described by the cials embrace current growth, they ad­ sult of flaunting our voluntarily as­ President himself as "a turkey," has vance policies that would interject sumed legal obligation to pay our dues been to just shout, "it's the best," over Government further into the business to the United Nations. For some years and over again. I cannot let the politi­ sector. now we have been the leading deadbeat cal-economic spin masters get away Incidentally, I might add, some of at the United Nations, in the company with this. Saying it, does not make it the health care bills that are winding of some of the worst pariah states in so. So let me begin with a little history around the Halls of the Congress and the world. How we can be a leader at of facts and observations by those who committees would have a tax on Amer­ the United Nations and simultaneously know more than most of us about the ican business as high as 10 percent of the leading deadbeat is a mystery. American economy and the budget. payroll. I submit, it is precisely that When our representatives at the United First, the economy of the United kind of cost that is causing the Euro­ Nations urge the Security Council to States is so gigantic, so enormous, so pean economies to stagnate, to create create a war crimes tribunal for Bosnia big that it does not respond quickly to no jobs, and to have their people or to intervene in Rwanda they must decisions made here on the Hill. And it throwing governments out of office on be able to do so with clean hands, with did not, last fall, despite claims that the basis that inflation is coming back, the confidence that the United States the budget plan passed just last Au­ there are no new jobs and what is hap­ will live up to its commitments. Yes, gust, created all these wonderful eco­ pening to our future. the United Nations must learn to live nomic results. In fact, if we are not careful, we may within its budget and its mandate. But Second, low inflation, low interest unwittingly and unknowingly be pro­ there are areas where it should-in- rates, and high productivity-very sig- moting what is currently being called 12642 CONGRESSIONAL RECORD-SENATE June 10, 1994 Eurosclerosis-European sclerosis-and not even in existence when this phe­ If that is true, and I believe it is, they put it into one word and call it nomenon was occurring. That increase, again you do not have these two quali­ Eurosclerosis. It is kind of loosely de­ that dramatic increase, occurred in ties occurring because a bill or budget fined as the rigid, overburdened busi­ 1992. Moreover, during this recovery, is passed. Rather, because of an Amer­ ness environment that has been debili­ productivity gains have accounted for ican policy sustained over. a period of tating Europe for a number of years 90 percent of the gross domestic prod­ time in this country, led by a low-infla­ now and is reaching its peak in the sit­ uct, far outstripping average contribu­ tion policy that started when Ronald uation I just described a few moments tions of the past. Reagan took office in 1980. And believe ago. What I am saying is that the most you me, to get that inflation down we Just this week, an OECD study rec­ significant component of the increase suffered a giant recession, and he sat in ommended cutting costs and increasing in growth in the United States and the office for almost 2 years with a dread­ European labor market flexibility. Eu­ increase in pay and the increase in ma­ ful recession to get the inflation out of rope's finance ministers gathered and terial produced and sold and services the economy-inflation that was gen­ agreed to use deregulation instead of delivered, the biggest increase occurred erated over the previous 4 years. public spending to counter their em- · because our productivity increased. In There is no mystery about all this. ployment crisis. We should take heed. fact, 90 percent of the increase was at­ We learned the lesson in the late 1970's Part two of what I want to discuss tributable to productivity increases. In when inflation reached double-digit for a moment is what are the keys to past recoveries and positive business levels. Negotiating favorable price in­ this expansion and what are the keys cycles, only 50 to 55 percent of the creases to beat the next round of infla­ to continuing it so that Americans growth was attributable to productiv­ tion became an all-encompassing focus will, once again, have real confidence ity increases. of businesses. The low inflation envi­ that there will be jobs in the United Increases in productivity are the re­ ronment established over the last 10 States and that their future and their sult of long-term sustained policies or years has spurred business to return to children's future are not as bleak as activities, and essentially they imply cutting costs, raising productivity, and many millions think today. lower costs of production. For example, increasing the quality of their prod­ What is clear is that the keys to this manufacturing production costs have ucts. With this focus on cost and effi­ recovery are, No. 1, low interest rates­ declined 9.3 percent in real terms since ciency, instead of price increases, the result of the Federal Reserve policy the expansion began in 1991. You America began to regain its competi­ and low inflation-and, No. 2, high pro­ produce the same or more but it costs tive position as the world's largest ex­ ductivity. I will discuss why this is less because productivity is up. porter. true. The best news of all, business cost ef­ It is significant that we have suc­ I addressed the importance of the ficiencies are translating into higher ceeded while the European countries Federal Reserve's action 3 weeks ago incomes. After declining during the re­ have not. During the 1980's, our private on this floor, and I complimented them cession, real incomes climbed $632 per sector created 161/2 million new jobs. on their efforts to create a neutral person during 1992, the largest 1-year Between 1980 and 1988, the European monetary policy for this country, nei­ increase in 8 years. More income cou­ Community produced no-none, zero­ ther stimulative nor restraining, be­ pled with lower interest rates already net new jobs in their private sector. All cause it will keep this recovery grow­ in place led to increased purchases and new jobs were in their public sector. ing and going much longer than pre­ production. Starting in mid-1992, auto Also, a leader in productivity re­ vious ones. and home purchases took off and busi­ search, the McKinsey Group, finds that Between the mid-1990's and the end of nesses invested in new capital equip­ the European nations lag behind the 1992, the Federal Reserve reduced inter­ ment at a torrid pace. Now jobs are United States in their entrepreneurial est rates from 8.3 percent to 3 percent, picking up to meet that increased pro­ efforts across the board. In their recent a 64 percent decline, the biggest pro­ duction demand. international productivity report, they longed percentage drop in recent U.S. Third, let me discuss for a few mo­ concluded that the difference in pro­ history. And all of that reduction oc­ ments how productivity has led to this ductivity among the major trading curred prior to the end of 1992, not in growth. I have only one chart today, partners are "ultimately caused by dif­ 1993, and not immediately after the and it is a rather simple one. This ferences in economic policy and regula­ President's so-called deficit reduction chart shows the chain of even ts very tion.'' budget package which essentially, as clearly. First came the productivity So to repeat, the important lessons you look at it in terms of this year and gains. Then came the income gains, the are clear: First, despite claims to the next year, is nothing more than a tax second line-after dipping, they are contrary by this administration, the package in terms of deficit reduction. starting up. And now the creation of budget plan passed last August did not Interest rates were reduced way before new jobs is starting to be moved up­ create this recovery. The momentum the package. They were reduced con­ ward, albeit rather slowly. was created well before this adminis­ This chart also shows clearly that tinuously and consistently for 21/2 years tration came to office, and clearly is by the Federal Reserve Board. the gains are not the result of last Au­ made up of the subjects I have dis­ These lower interest rates set up con­ gust's budget plan. They instead reflect cussed here today. Low inflation, low ditions for the sustained recovery we the inertia of successes with inflation, interest rates, and high productivity are experiencing. But a second shoe interest rates, productivity, and in­ growth fostered over a number of years come. needed to drop. The economic environ­ Now, let me spend just a few mo­ under Republican administrations are ment needed to change to make the m ents discussing the effect of low in­ the factors that shifted the economy best use of these lower interest rates. flation on productivity, lifestyles, and into a quickening pace. And it is now That second shoe generating today's job growth. In testimony before the paying off in more jobs, higher paying recovery, I believe, was the resurgence Banking Committee 2 weeks ago, jobs, and sustained gross domestic of U.S. productivity; that is, our abil­ Chairman Alan Greenspan made a very product growth. ity to produce more efficiently and important point pertinent to this. Re­ Taking credit for the current recov­ competitively. ferring to the reasons for evolving a ery without an acknowledgment of how Our productivity successes have been balanced economy, he stated: past policies got us to this place may impressive. During 1992, Mr. President, well be leading this administration to There is a quite robust relationship be­ nonfarm productivity-the best meas­ tween the rate of inflation and the rate of make wrong economic policies today. ure of economy-wide worker effi­ growth of productivity. We are increasingly That is really why I made this speech ciency-rose 3.6 percent, the biggest 1- persuaded that it is the low rate of inflation today. I will say more about it. We year increase since early in the 1970's. which is inducing a higher rate of growth in should not associate the wrong policies The President's budget package was productivity. for the current success in the American June 10, 1994 CONGRESSIONAL RECORD-SENATE 12643 economy, or we are apt, unwittingly, mous consent that when the Senate RECESS UNTIL TUESDAY, JUNE 14, to impose on it a policy that will re­ completes its business today it stand in 1994, AT 10 A.M. strain its growth because we will be recess until 10 a.m., Tuesday, June 14; acting under the false premise as to that, following the prayer, the Journal The PRESIDING OFFICER. Under why we got to where we are. of proceedings be deemed approved to the previous order, the Senate will I yield the floor. I thank the Chair. date, and the time for the two leaders stand in recess until 10 a.m. on Tues­ reserved for their use later in the day; day, June 14, 1994. ORDER FOR RECESS FROM 12:30 that, immediately following the an­ Thereupon, the Senate, at 1:29 p.m., P.M. TO 2:30 P.M. ON TUESDAY, nouncement of the Chair, the Senate recessed until Tuesday, June 14, 1994, JUNE 14, 1994 vote on the motion to instruct the Ser­ at 10 a.m. geant at Arms. Mr. ROCKEFELLER. Mr. President, I The PRESIDING OFFICER. Without ask unanimous consent that on Tues­ objection, it is so ordered. day, June 14, the Senate stand in recess Mr. FORD. Mr. President, I ask unan­ from 12:30 p.m. to 2:30 p.m. in order to CONFIRMATION accommodate the respective party con­ imous consent that it be in order to re­ ferences. quest the yeas and nays on the motion. Executive nomination confirmed by The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the Senate June 10, 1994: objection, it is so ordered. objection, it is so ordered. Mr. FORD. Mr. President, I ask for DEPARTMENT OF COMMERCE the yeas and nays on the motion. EVERETT M. EHRLICH, OF PENNSYLVANIA. TO BE ORDERS FOR TUESDAY, JUNE 14, UNDER SECRETARY OF COMMERCE FOR ECONOMIC AF­ The PRESIDING OFFICER. Is there a FAffiS. 1994 sufficient second? THE ABOVE NOMINATION WAS APPROVED SUBJECT TO THE NOMINEE'S COMMITMENT TO RESPOND TO RE­ Mr. FORD. Mr. President, on behalf There is a sufficient second. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY of the majority leader, I ask unani- The yeas and nays were ordered. CONSTITUTED COMMITTEE OF THE SENATE.