«tongrtssional Rtcord United States of America PROCEEDINGS AND DEBATES OF THE 99th CONGRESS, SECOND SESSION

SENATE-Tuesday, July 15, 1986

Legislative day of Monday, July 14, 1986

The Senate met at 11 a.m., on the reaches a very extraordinary pungent VITIATION OF HAWKINS SPECIAL ORDER expiration of the recess, and was awareness of what we try to do here. I ask unanimous consent that the called to order by the President pro Certainly, as I have been in my role special order in favor of the Senator tempore [Mr. THURMOND]. here in the last year-and-a-half, I have from Florida [Mrs. HAWKINS] for noted a fine degree of cooperation and today be vitiated. PRAYER coordination with the Democratic The PRESIDING OFFICER

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.

16405 16406 CONGRESSIONAL RECORD-SENATE July 15, 1986 question to engage in character assas­ keep President Reagan from placing quali­ Doug Hunt, a liberal Democrat who sination and partisan attacks. fied conservatives on the federal bench. served a four-year term with Manion in the We have heard from all the instant While acknowledging a touch of local bias, state Senate, called him "a hell of a good experts on Daniel Manion: Senate Manion's defenders here-notably Demo­ guy who has all of the qualities of intellect staff members, the media and liberal cratic lawyers, judges and former state and character for the position he has been Senate colleagues-insist that the amiable, nominated to." Hunt discounted Manion's Senators, none of whom, I would dare soft-spoken South Bend attorney would be a much-criticized support of a "flaky bill" say, have ever been to Indiana to find credit to the federal appeals court. that would have allowed the 10 Command­ out the facts. But at least one newspa­ David T. Ready, a former U.S. attorney ments to be posted in public schools despite per-the Los Angeles Times-did its and self-described liberal Democrat, said Re- . a Supreme Court decision barring the re­ homework. publican Manion possesses the required quired posting of such a document. In an indepth article that appeared "temperament, legal intellect, experience, "I don't think it represents his overall on the front page of the Times' July fair-mindedness, judicial integrity and plain, record," said Hunt, who cited other success­ 13 Sunday edition, reporter Paul old-fashioned willingness to work long and ful Manion bills to improve the juvenile jus­ hard." tice system and provide alternative sources Houston, after traveling to Indiana, In fact, the real Manion may be less than unearthed the real story: Daniel of energy. "He should be scored like a diver: coruscating, but his nomination also ap­ You throw out the high and the low scores." Manion is qualified to take his place pears to be less than the travesty his critics Sen. Paul Simon CD-Ill.), a leading oppo­ on the bench. And who is making that suggest. nent of Manion's nomination, dismisses claim? Almost everyone who has ever Interviews here and in Chicago and Wash­ such endorsements. worked with or against him in the ington, coupled with an examination of "Obviously, you bend over backwards to legal arena; and that list of supporters Manion's professional record, suggest an help someone in your home town or state," includes an impressive number of top­ able though scarcely brilliant attorney who said Simon, a reform-minded member of the level Democrats and liberal Demo­ has become caught up in the partisan brawl. Senate Judiciary Committee who is politi­ The struggle over Manion derives extra in­ cally allied with one of the groups leading crats. tensity from the fact that the larger battle We had a debate here for a couple the charge against Manion-the predomi­ over judicial nominations will shape the fed­ nantly liberal Chicago Council of Lawyers. hours about this letter signed by all 1 eral courts for years to come. With 2 12 years "You'll rarely find a lawyer there publicly the law school deans who probably still to go in his second term, Reagan has al­ critical of the nominee. In the back of their never met Manion either. But when ready named 267 of the 752 judges on the minds, they figure they may come up before two law school deans who signed a federal bench-the district courts, circuit this guy" if the Senate agrees to make him letter condemning the nomination courts of appeals and the Supreme Court. a judge. were told of the solid support he Thus, while Democrats insist that their "All I can say is, this kind of guy enjoys in Indiana, they reportedly ex­ challenge to Manion rests strictly on ques­ shouldn't be a judge in a rural county, much pressed some regret over their decision tions about his personal qualifications, he less on the second highest court in the also appears to symbolize what many liber­ land," he said. to sign the letter. Of course, they are als see as an extreme effort by the Reagan not really to blame. They had been As Simon suggested would happen, several Administration to make sure that all judi­ Indiana lawyers, legislators and former offi­ misled by Dan's opponents, who con­ cial appointees meet strict standards of ide­ cials who are critical of Manion spoke only veniently skipped over the facts on the ological conformity. off the record when interviewed by The way to smearing Mr. Manion on the "In nobody's memory has an administra­ Times, or asked not to be identified. Senate floor. tion tried to put in sitting judges who have Some, such as South Bend Assistant City I ask unanimous consent that the prejudged all the issues," complained televi­ Atty. Carolyn V. Pfotenhauer, commented Los Angeles Times article entitled "Po­ sion producer Norman Lear, head of People only guardedly. Referring to one legal en­ for the American Way, which has opposed counter with Manion, she said: "He handled litical Foes Also Support Manion Manion and many other Reagan court ap­ Court Nomination" be made a part of the case differently than I would have, and pointments. I won." the official RECORD. Here in Indiana, Manion's list of support­ There being no objection, the article ers includes Father Theodore M. Hesburgh, REALLY IRRITATED was ordered to be printed in the president of the University of Notre Dame In an interview, Manion said he felt spe­ RECORD, as follows: and former chairman of the U.S. Civil cial weight ought to be given to the support [From the Los Angeles Times, July 13, 19861 Rights Commission; former Democratic Sen. of those who know him best, particularly Vance Hartke; present and former state sen­ Democrats who are "really irritated at their POLITICAL FOES ALso SUPPORT MANION ators; a respected Democratic judge; the own party for attempting to make a fool of COURT NOMINATION chairman of the county Democratic commit­ me." Holmes, "McFadden said, "but I can master the legal issues." ly a competent lawyer who has become a think Dan will bring to the bench a very Using such criteria as intellect, writing pawn in a larger Democratic campaign to practical, level-headed, fair approach." ability, legal experience and temperament, July 15, 1986 CONGRESSIONAL RECORD-SENATE 16407 the American Bar Assn. rated Manion such as Common Cause and People for the and, more importantly, Mr. Manion a "qualified," the lowest of three passing American Way. favor by reading that article. I just grades. The same rating has been given to However, two deans contacted by The want to quote a couple of areas here 43% of Reagan's appeals court choices, in­ Times-Paul D. Carrington of Duke and cluding Supreme Court nominee Antonin Arthur N. Frakt of Loyola in Los Angeles­ that I think might be of interest to Scalia when he was tapped for the appeals expressed surprise at the Indiana support those who have not yet had time to bench. Scalia is now widely praised as a for Manion. study the nomination, other than the scholarly judge with a powerful legal mind. "I'm feeling a little sheepish," said Frakt, politics of it. The ABA said that between one and four who signed a group letter based on materi­ Back in Washington, Manion is portrayed members of its 14-person screening panel als sent by a law professor and a liberal ac­ by Democrats and a handful of liberal Re­ considered Manion "not qualified" but as a tivist in Washington. "If it turns out he is publicans as a mediocre lawyer unfit to join matter of policy would not name them. someone of substantial ability, I would feel Much of the ammunition used against it was unfortunate he got caught up in the federal judiciary at the level just below Manion has come from the reform-minded this." the Supreme Court. Chicago Council of Lawyers, which has Carrington, after hearing of the praise Senate opponents, who hope to sink his 1,400 members. Manion received from associates in Indiana, nomination this week after having narrowly Charging that Manion "would not be able said he was reminded of the "false views" lost a preliminary vote July 2, are backed by to deal adequately with the difficult legal that developed on appellate Judge Clement a raft of law school deans and reform­ issues that are routinely presented" to the F. Haynsworth, Jr. when his nomination to minded Chicago lawyers who challenge appeals court based in Chicago, the council the Supreme Court was rejected in 1969. Manion's limited experience in federal declared that he was unqualified for the Today, the conservative Haynsworth wins court, criticize his writing ability and ques­ lifetime job. wide praise even from liberal law professors. tion his willingness to adhere to Supreme The council complained that Manion had Manion's bulging list of assailants has in­ Court rulings. argued few cases in federal court and that censed his backers, who believe they are Yet to many who have dealt personally his state court experience was limited pri­ fighting an elitist, big-city bias. with the 44-year-old Manion, all that is a marily to small personal and commercial "I would think the Chicago Council of bum rap. claims, particularly land condemnation Lawyers would welcome a person of Dan's Manion, his supporters contend, is actual­ cases. When asked on a Senate Judiciary integrity to the bench," Ready said, "consid­ ly a competent lawyer who has become a Committee questionnaire to list the 10 ering the fact you can't pick up a newspaper pawn in a larger Democratic campaign to "most significant" cases of his 13-year legal without reading about the indictment or keep President Reagan from placing quali­ career, Manion included one involving a car conviction of some Chicago judge. The only fied conservatives on the federal bench. dealer accused of misrepairing a Volkswagen convicted judge from the 7th Circuit ed with and Court-demonstrates a clear refusal to sup­ If confirmed, Manion would be the first against Manion in lawsuits. port the Constitution. As further evidence, Vietnam veteran to go on a federal appeals they cited his ringing endorsement in 1977 court. As an Army lieutenant, he was in John W. Montgomery, a longtime state of a book by the late archconservative Rep. charge of a supply depot. judge and Democratic leader here, asserts Larry P. McDonald John Birch Society. Moreover, the Democrats said, Manion he is now in excellent health. "Dan Manion is qualified. If he were not, I once repudiated the long-established doc­ Sen. Dan Quayle , who is articulated position is confusing. called that Manion went to the library after managing the opposition to Manion on the The Democrats also noted a 1979 letter class while others went home. Senate floor. from Manion to a Birch Society office, stat­ "He is what you'd call a straight arrow in Attorney Douglas McFadden, a Democrat ing: "Your membes are certainly the people the nice sense," said Quayle, a friend and with offices in Indianapolis and Washing­ who are on the front line of the fight for leading Senate supporter. ton, said he developed "high regard" for constitutional freedom. . .." At a hearing, Manion, told he had been described as Manion while competing with him in a com­ Manion said the letter was merely a thank­ "very serious, almost to a fault," laughed plex securities fraud suit that was settled you note for condolences offered on the and said: "Well, I don't drink or smoke, but out of court-"very favorably" for Manion's death of his father and did not indicate that I've had a lot of fun at parties I give, and client, according to another admiring attor­ he agreed with positions of the society, to I'm a real good rock 'n' roller." ney in the case. which he has never belonged. This is a very lengthy article. I am Arrayed against a President who has lob­ Mr. DOLE. Anyone who is really in­ bied fiercely to win Manion's confirmation, terested in the facts, and I hope that not going to read it all. But it says the opposition has been bolstered from the would be my colleagues on both sides that political foes also support the outside by 50 law school deans and groups of the aisle, would be doing themselves Manion court nomination. 16408 CONGRESSIONAL RECORD-SENATE July 15, 1986 Mr. President, none of us likes criti­ his chief justice of the supreme court, from the Federal district courts in the cism and we do not like personal at­ President Hesburg and all these States of Illinois, Wisconsin, and Indi­ tacks. We do not like people criticizing Democrats say he is qualified? ana. The court is considered to be one us, whether Republicans or Demo­ I hope the Senate will act upon this of the most important in the land. crats, particularly when we do not nomination and wind it up promptly if During the 1984 term, there were belive it is justified. I do not know the it comes up again. He has already been 2,265 cases filed, 2,259 cases terminat­ writer of this column well, but it is a confirmed, but if another vote does ed, and 1,751 cases pending at the end respected paper. The Los Angeles come, it seems to me the Democrats of that term. As I have already indi­ Times is one of the Nation's outstand­ ought to think very carefully before cated, most of these cases will never ing newspapers. The paper sent a they turn him down. reach the Supreme Court for further person to Indiana, because it wanted review. to find out if this man were half as Let us just compare the U.S. Su­ bad as his critics indicate, and this is RECOGNITION OF THE MINORITY LEADER preme Court load and the Seventh the story. I hope others who are out to Circuit Court of Appeals load for 1984: defeat Mr. Manion would at least read The PRESIDING OFFICER. Under it, including some in the media. the previous order, the Democratic 139 cases which the Supreme Court leader is recognized. heard oral arguments for and issued written rulings on; whereas, in the sev­ TELEVISION IN THE SENATE enth circuit alone, there were 2,200- Mr. DOLE. Mr. President, I hope THE NOMINATION OF DANIEL in order words, roughly 15 times as that today, we can resolve the so­ MANION many. There were 2,265 cases filed, called TV in the Senate matter. I un­ Mr. BYRD. Mr. President, in the 2,259 cases terminated, and 1,751 cases derstand we may be making some past several weeks, there have been pending at the end of that term. progress on that. I hope that if we numerous articles in the press quoting Most of these cases will never reach cannot get an agreement, unanimous those who have attempted to minimize the Supreme Court for further review. consent, at least we might be able to the importance of a single judgeship Other judges, sitting on other circuit bring up the resolution that I have in­ on the Federal circuit courts of ap­ courts, will look to the opinions troduced with Senator BYRD so we can peals. This issue has been focused in handed down by the judges of the sev­ continue this and still have the vote the Senate during the recent debate enth circuit in deciding cases on simi­ on it. on the nomination of Daniel A. lar issues before their courts. Mr. BYRD. Will the distinguished Manion to be a judge on the seventh So the influence of the Seventh Cir­ majority leader yield? U.S. Circuit Court of Appeals. cuit Court of Appeals reaches outside Mr. DOLE. Yes, I yield to the Demo­ We have seen quotes similar to the States of Illinois, Indiana, and cratic leader. these: "If Indiana wants him, it's okay Wisconsin-outside the seventh cir­ Mr. BYRD. Mr. President, I am in a with me ...." or "the press is really cuit. But, as a matter of fact, the deci­ position to say to the majority leader treating this as a much more impor­ sions of the judges in the seventh cir­ that this has been cleared on the tant issue than a midwestern judge­ cuit can have an impact, upon deci­ Democratic side. We can move immedi­ ship should be . . . . " sions in all the other circuits through­ ately. We have unanimous consent as Mr. President, every good lawyer out the United States. far as this side is concerned to waive knows and every citizen should know In finally resolving the question of the off-camera period, and I hope we the extremely crucial role that the whether Mr. Manion should serve at can do so. Federal appellate courts play in the this time as a judge on the Seventh The PRESIDING OFFICER. Has judicial system of our Government. Circuit Court of Appeals, all citizens the majority leader made such a re­ The courts of appeals are the end of need to keep a few thoughts in the quest? the judicial road for most of the liti­ forefront. Mr. THURMOND. Mr. President, gants in our Federal courts. A few This is not a time for "pork barrel" will the Senator yield? simple numbers make this point most politics. This is not a simple exercise Mr. DOLE. Let me yield to the dis­ vividly. in "log-rolling." The sanctity of the tinguished chairman of the Judiciary In the 1984 term of the Supreme Federal judiciary should not depend Committee. Court, which lasted from October on deals being cut in back rooms. 1984, to July 1985, the Court heard Smearing Mr. Manion-the distin­ THE NOMINATION OF DANIEL oral argument for and issued written guished majority leader, I think, has rulings in only 139 cases. During the made reference to smearing-smearing MANION same time period, there were 33,360 Mr. THURMOND. Mr. President, I appeals filed in the circuit courts of Mr. Manion is not the issue. The issue shall take just a couple of minutes. I appeals; 31,387 were terminated that is the people over whom he will hold just want to mention the fact the law­ year, and at the end of the year 24,758 awesome power as a member of that yers who know Mr. Manion best, his cases were pending from previous bench. He will have awesome power county bar association, strongly rec­ years' caseloads. over the lives, over the property, over ommend him for the judgeship to So here we have a total of 139 cases the rights of every man, woman, and which he has been appointed. Also, in connection with which the Supreme child within that seventh circuit; over the chief justice of the Supreme Court Court of the United States heard oral governmental institutions, over agri­ of Indiana, who knows him well, rec­ arguments and issued written rulings, cultural issues, over energy issues-all ommends him in addition to those who while, in the U.S. district courts, there kinds of issues that come before that have been mentioned by the able ma­ were 33,000 appeals filed. court. This man will 'be appointed for jority leader. I understand that con­ life. It is a lifetime tenure that we are tact was made with a former U.S. dis­ D 1130 talking about. trict attorney out there, appointed by What of the seventh circuit? Is it Anyone who reads the Manion briefs President Carter, a Democrat. They really a parochial, insulated, inconse­ that were studied by the Judiciary asked questions about Mr. Manion; be­ quential bench of importance only to Committee will conclude that this cause they were favorable, they imme­ the citizens of the State of Indiana? man does not have the "right stuff" to diately quit the interview. The seventh circuit is composed of 11 be given that power. We are talking Mr. President, this is very unfair. If judgeship positions, of which nine are about 22 million citizens within that this man is not qualified that is an­ currently filled. These judges must circuit court of appeals' dominion, the other thing. But how can his local bar, handle all cases that are appealed seventh circuit-22 million citizens. July 15, 1986 CONGRESSIONAL RECORD-SENATE 16409 This appointment to a court that unanimous consent that it be reinstat­ young people do not take cocaine seri­ will be the court of last resort for ed. ously enough. The majority of young thousands of vital cases every year is The PRESIDING OFFICER. With­ people-the survey observes-acknowl­ too important, too significant to be de­ out objection, it is so ordered. edge that heavy cocaine use is danger­ cided in ways being attempted to ous. But only a third of the survey enable Mr. Manion to squeak by the RECOGNITION OF SENATOR group thinks that there is danger from Senate. HAWKINS occasional or experimental use. That We must not allow an appointment is a frightening discovery. If the to a circuit court of appeals to be won The PRESIDING OFFICER. Under deaths of Len Bias and Don Rogers like chips at a gambling table. We the previous order, the Senator from have any meaning it is that you do not must not allow an appointment to a Florida [Mrs. HAWKINS] is recognized for not to exceed 5 minutes. have to be a heavy user of cocaine to circuit court of appeals to be won here be killed by it. Both of these young in the Chamber-where we must athletes, in prime physical condition, attach important and profund respon­ DRUG EDUCATION: died without an extensive history of sibility to our advice and consent role EVERYBODY'S BUSINESS cocaine use. dictated by the U.S. Constitution-in a Mrs. HAWKINS. Mr. President, The message has to be carried to manner where fewer than half of the there is a familiar saying that goes every nook and cranny of this Nation: Senators have been willing thus far to like this: "There's good news and Cocaine can and does kill. And while vote for this nominee. The Senate has there's bad news. Which do you want there is great danger to a heavy user, a higher responsibility than that. first?" The good news is that the use the casual experimenter can just as We must not let rule 31, paragraph of marijuana and several other drugs easily fall victim because he has built 5 be the sole determinant now as to dropped markedly in American col­ up no tolerance to this deadly drug. ,.,;hether or not Daniel Manion will sit leges over the last 5 years. The bad Our drug treatment centers should on the Seventh Circuit Court of Ap­ news is that cocaine use is sharply on carry the message, our school counsel­ peals, which has jurisdiction over 22 the rise. In fact, nearly one-third of million people. Let us have a vote. We ors, and guidance teachers should do college students sample cocaine by the likewise. Our newspapers, magazines, must not cheapen either the judicial time they graduate. system of this Nation, or the U.S. radio, and television stations should These findings come from a new follow suit. And special messages from Senate and its constitutional role in survey of young Americans conducted these actions. When it comes to some­ athletes, whom young people tend to for the National Institute on Drug emulate, should carry the theme. Cre­ thing of this magnitude, "log-rolling" Abuse by the University of Michigan. politics, "rolling the dice," should be ating an awareness that drugs are dan­ The core of the survey consisted of gerous is everybody's job. left outside the Chamber. interviews with 1,100 students, 19 to 22 I hope that very soon the Senate I think our First Lady, a gallant years old, enrolled in 2- and 4-year col­ fighter in the war against drugs, hit will be given an opportunity to vote, leges across the country. straight and clean, up or down, on this Dr. Lloyd Johnston, one of the direc­ the nail right on the head in an op-ed nomination, and I hope that all Sena­ tors of the survey, reports that mari­ piece published in the Washington tors will be present. I hope that a date juana use has declined significantly Post on July 7. Mrs. Reagan wrote: can be set when all Senators will be on since 1980. In contrast, cocaine use has The problem is this-most people don't notice that the vote will occur at a gained what Dr. Johnston and his col­ feel that combating drugs has anything to particular time, so that the Senate leagues describe as a "surprising and do with them. It's for others to do-those may express its will, either to place who work in treatment centers or who have unsettling foothold" among college children on drugs or who live where drugs Mr. Manion on the seventh circuit's students and young people in general bench or to state unequivocably that are openly traded on the street. I believe it's past high school age. Among students, time to let people know that they have a he does not belong there. It is too im­ 30 percent conceded that they had personal, moral responsibility to fight drug portant to the Nation, too important tried cocaine by the time they finished abuse. Each of us has an obligation to take to the nearly 22 million citizens of the their senior year of college. Unlike an individual stand against drugs. Each of Seventh Circuit Court of Appeals, to other drug use, cocaine experimenta­ us has a responsibility to be intolerant of the Senate, and to the protection of tion continued to grow each year after drug use anywhere, anytime, by anybody. our Constitution-and, indeed, to Mr. high school. Marijuana is still the To Mrs. Reagan's remarks, I know I Manion-for him to be slipped into a most widely used drug among our Na­ join other parents in saying "Amen." judgeship through the back door, tion's youth. But the use rate has which resort to rule 31 would be. dropped from 51.2 percent in 1980 to D 1130 41.7 percent in 1985. The use of barbi­ WALLY JOYNER-ALL STAR turates, amphetamines, and LSD de­ This is not to say that it would not Mrs. HAWKINS. Mr. President, I clined substantially in the past 5 wish to take a moment of everybody's be within the distinguished majority years. The use of methaqualone, best leader's right to utilize that rule. It is known by its brand name quaaludes, time to wish well my own nephew, one of the standing rules of the dropped from 7.2 to 1.4 percent last Wally Joyner, who is playing first base Senate. But if Mr. Manion assumes year. tonight, the first rookie ever chosen in the wearing of the robe in the seventh Dr. Johnston explained that "for the history of professional baseball to circuit through that back-door proce­ many drugs, the fad has run its course serve on the all-star team. dure then a cloud will hang over his among young people who grew up in a We are proud of our young nephew, head and over the head of the Senate, world filled with drugs." Regrettably, Wally Joyner, and wish him well this if that is to become a route to a circuit cocaine is the latest fad. Researcher evening. judgeship. Johnston said that regular use of I thank the Chair. Mr. President, I yield the floor. marijuana began to decline when young people came to realize it is dan­ gerous. Now this is a very important RECOGNITION OF SENATOR REINSTATEMENT OF SPECIAL point and to underscore its signifi­ PROXMIRE ORDER cance I would like to repeat it-regular The PRESIDING OFFICER. Under Mr. DOLE. Mr. President, I think er­ use of marijuana began to decline the previous order, the Senator from roneously the special order in favor of when young people came to realize it Wisconsin [Mr. PROXMIRE] is recog­ Senator HAWKINS was vitiated. I ask is dangerous. The fact is that most nized for not to exceed 5 minutes. 16410 CONGRESSIONAL RECORD-SENATE July 15, 1986 ARMS CONTROL IS VIRTUALLY dent Reagan. It expired on December promptly to final Senate action on the DEAD 31, 1985. It was kept in effect by Exec­ Manion nomination. The preliminary Mr. PROXMIRE. Mr. President, utive order until May of this year. And Senate vote last month was marred by why-oh why do the two most power­ then pronounced dead by the adminis­ questionable horsetrading and misrep­ ful men in the world-the President of tration. With the death of SALT II, resentations that prevented an honest the United States and the Secretary what superpower arms control agree­ vote. General of the Communist Party of ments are left? Answer: None, nothing. Many of us, probably a majority of the Soviet Union-fail to make any The nuclear arms race zooms ahead the Senate, feel that Manion is not progress on arms control? Both lead­ without the slightest restraint from qualified to be a Federal judge, and it ers have announced to the world pro­ superpower arms control agreements. would bring dishonor to the Senate to posals designed to eliminate nuclear Fortunately, there are two powerful stall a final vote and confirm him by a weapons from the face of the Earth. forces restraining the dangerous nu­ questionable parliamentary tactic. Both say they favor massive reduction clear weapons competition. First, Frankly, it is in the interest of all of weapons on both sides through there is the grim, blunt fact that the sides to move to a final vote as soon as mutual, enforceable arms control destructive capacity of both superpow­ ers is so enormous that a nuclear war possible. The longer we delay, the agreements. So what progress have worse the Senate looks. these two armed-to-the-teeth super­ would bring swift and sure destruc­ powers made toward their goal of arms tion-total, absolute destruction-to both sides. That common knowledge reduction? Answer: Arms control is a MEDICAID TO ILLEG~ ALIENS total, unmitigated disaster. First, of the utter insanity of either super­ there has been absolutely no progress power ever using its massive nuclear Mr. MOYNIHAN. Mr. President, toward arms control-at all-none. All strength as an act of war has kept the yesterday, the U.S. district court for the words of progress toward reducing nuclear peace ever since the United the eastern district of New York, in a nuclear arms on both sides have been States and the Soviet Union both ruling by Judge Charles Sifton, a dis­ utterly empty. achieved their astonishing capacity for tinguished member of the bench, held It has been worse-much worse. destruction. that illegal aliens are eligible for Med­ Every bit of the fragile, tentative arms The second restraining force on both icaid payments and Medicaid care in control machinery so painstakingly sides is the mammoth cost-the colos­ the hospitals of that district and, by put in place over the past 25 years has sal economic burden-of even trying to extension, the Nation. now vanished. I challenge any Senator achieve sufficient nuclear superiority Judge Sifton, who is a distinguished to name one single arms control agree­ so that a nuclear war could actually be jurist, made a very simple point that ment between the two great nuclear won. A fully deployed and absolutely there is nothing in the 1965 statute superpowers that continues to restrain efficient star wars could conceivably that says otherwise. In a class action nuclear weapons of any kind. Oh, sure, make it possible for the United States suit, brought by seven illegal aliens the Limited Test Ban Treaty still pre­ to win a nuclear showdown with the saying they needed medical care, he vents superpower nuclear weapons test Soviet Union. But the cost would be held that they were entitled to it. explosions, except underground. That astronomic-like $1 or $2 trillion for Might I say, Mr. President, that in helps keep radioactive pollution out of starters. The prospect of U.S. success the absence of Medicaid payments, we the Earth's atmosphere. But it does with star wars would be so small, it would be infinitesimal. It would be should not assume the absence of med­ nothing to achieve its prime purpose: ical care. It is the tradition of New Stopping the development of even 1,000 to 1, 10,000 to 1 against, hardly a gamble that would justify $1 trillion York City and most jurisdictions of more deadly and threatening nuclear our country to provide care to the ill weaons. Here was a treaty that plus burden. So here we are, Mr. President, rely­ and indigent regardless of their legal pledged both powers to negotiate the status as citizens. It goes back a long end of all nuclear weapons tests-in­ ing on mutual assured destruction and the discipline of the budget to keep time in the history of New York City, cluding underground tests. The admin­ long before we had immigration laws­ istration has expressed its firm inten­ the peace. Sure, these forces may work. They may work for years to a time when as many as half of the tions to disregard that promise. In population of the city were technically 1972, this body, the U.S. Senate, rati­ come. But the on rushing technology fied by a smashing 89-to-2 vote the of the nuclear arms race is unpredict­ aliens although not illegal. Antiballistic Missile Treaty [ABMl. able, unstable, and probably uncon­ However, Mr. President, I think we What was the one and only purpose of trollable. This complex and constantly must accept the ruling of Judge that ABM Treaty? The purpose was more dangerous weaponry will increas­ Sifton, and I cannot doubt that if it is simple. It was to stop either superpow­ ingly threaten human survival. By vir­ appealed it will be upheld in the er from building a system of antiballis­ tually abolishing arms control, the su­ courts of appeal and certainly in our tic missile defenses that would destroy perpowers are taking an irresponsible second circuit and eventually become the credibility of the adversary's nu­ chance with the future of civilization the law of the land. In that case, Mr. clear deterrent and set off an all-out and the very existence of mankind as a President, it is required of those of us offensive and defensive nuclear arms species. in the Congress to ask: What provision race. So what is the administration's will we make for the expenses that will be incurred locally, large ex­ No. 1 military priority? It is the devel­ 0 1140 opment, production, and deployment penses, in the aftermath of this of precisely the SDI, star wars anti­ ROUTINE MORNING BUSINESS ruling? missile project that the antiballistic The PRESIDING OFFICER. Under I have made some rough calcula­ missile, ABM Treaty, was expressly de­ the previous order, there will now be a tions. I cannot speak to it with the au­ signed to prevent. period for the transaction of routine thority of the Human Resources Ad­ So what is left? Not the Strategic morning business for not to extend ministration of New York City, for ex­ Arms Limitation Treaty [SALT Ill. beyond the hour of 12 o'clock noon ample, but the numbers are roughly That treaty was all that remained of with statements therein limited to 5 that in 1980, there were 234,000 illegal superpower arms control agreements. minutes each. aliens in New York State; just over SALT II was hanging by a thread. But one-quarter of 1 million. At that same not now. No longer. The SALT II was time, in 1980, of the 17.5 million resi­ signed in 1979 by President Carter. It THE MANION NOMINATION dents of our State, 1.3 million, or 7 was never ratified. But it was kept in Mr. KENNEDY. Mr. President, I percent received Medicaid payments of effect by an Executive order of Presi- hope the majority leader will proceed $1,486 per month. July 15, 1986 CONGRESSIONAL RECORD-SENATE 16411 Mr. President, it is altogether unfair Mr. President, to speak to this sub­ that there be a full account of the that local and State governments ject generally, the necessity we will event. should have to assume a large share of face of dealing with the cost of pay­ There being no objection, the article the cost of dealing with illegal aliens, ments to illegal aliens, the division of was ordered to be printed in the whose presence is a manifest evidence those payments under Medicaid, RECORD, as follows: should be seen as an opportunity as of a failure by the Federal Govern­ [From the New York Daily News, July 15, ment to enforce its laws. Were the Im­ well as a responsibility to particularly 1986) migration and Naturalization Service ask ourselves just what is to be the able to police our borders and regulate nature of national programs such as COURT: MEDICAID FOR ALIENS their movement, as they are required Medicaid that require shared costs Up to 234,000 illegal aliens in New York to do under law, if the Federal Gov­ where young persons are involved. State should receive Medicaid assistance, a ernment did what it says it must do, Adults do not find themselves treated Brooklyn federal judge ruled yesterday. there would be no illegal aliens or, if differently by national programs de­ The ruling by James Charles Sifton came there were, there would be an insignif­ pending on what part of the country in a class-action suit that, although restrict­ they happen to reside in. Adults, one ed to New York, could have national signifi­ icant number. They would not be the cance if adopted by federal courts else­ massive numbers that we all are aware might say, who have the option to move in a general sense if they desire where. of in the State of New York of 234,000. " An examination of the language of the In any event, Mr. President, it is are nonetheless given uniform treat­ Medicaid statute reveals that it includes nei­ characteristic of our social legislation ment nationwide. Children who do not ther an express alienage restriction . . . nor and it has been since the Social Securi­ have that option at all, are treated dif­ does the act set forth anywhere a single ty Act of 1935 that we provide care for ferently, as if they mattered different­ statement of criteria establishing eligibility the elderly, care for persons who are ly, as if the child in Alabama, the child for Medicaid," Sifton ruled. in the normal stream of the economy in Arizona, or the child in New Jersey The plaintiffs in the case were drawn as a matter fully insured by and as­ had somehow different intrinsic value, from those who live in New York State but worth, and therefore different levels have no "green cards" for legal permanent sumed by the Federal Government of support. resident status. The 1980 census estimated through Medicare and Social Security This is strange and at some points the number of nonlegal permanent resi­ payments. These programs are part of almost cruel behavior in the Nation dents in the state at 234,000. the insurance fund in which the Fed­ because there are jurisdictions that The action was begun in 1981 by nine New eral Government takes full responsi­ have not gotten the resources they York illegal aliens who said they needed bility-100-percent payment by the would wish, but care for the children medical care and Medicaid assistance. Federal Government. The only pro­ they have. It was never intended by Medicaid was enacted in 1965 and incorpo­ grams where we do not have such pro­ the authors of the Social Security Act rated into the Social Security Act. It is a visions is where indigent persons are to make such a difference. They did federal-state cost-sharing program designed involved, primarily children and their to enable participating states to furnish not anticipate that benefits made to a medical assistance to people who can't parents, the aid to families with de­ child would vary by as much as a pendent children. Here local govern­ afford it. factor of 2 and 3 to 1 between one The U.S. Department of Health and ments set the standards and the Fed­ State and another. They are not Human Services argued that illegal aliens eral Government shares the cost. always the States you might think of. were ineligible for Medicaid. In addition to A family receiving AFDC payments They are States which have very con­ the federal government, the state and the automatically receives Medicaid pay­ siderable resources which even so have city were defendants in the case. ments but, again, the Federal Govern­ very low and even punitive levels of Lawyers for the illegal aliens argued that ment pays only a portion. The State support for the most helpless and de­ barring them from Medicaid "violates the must pay the rest. And, in some pendent of all our citizens, to wit: Our Medicaid statutes and the federal Constitu­ States, until recently in New York, the children, our very young children tion." They also maintained immigration local governments paid their share. living under the AFDC Program. We status was irrelevant. Mr. President, this is not a decent should not fail to remind ourselves According to the 1979-80 report of the social policy. A child in Mississippi is from time to time about the intent of state Department of Social Services, just as valuable as a ch ild in New 1,322,352 persons, or 7 percent of the the Social Security Act of 1935. 17,558,072 residents of New York State, al­ Hampshire or Oregon and, with very The provision of Medicaid services ready receive Medicaid at an estimated small and inconsequential differences, varies from State to State for persons annual cost of $7 billion. costs just as much to feed and raise who are equally ill no matter what More than 77 percent of the illegal aliens and educate and nurture. hospital bed they happen to be in. And counted in 1980 had been in the country For years, those of us in Congress one would suppose that they would more than five years and more than 44 per­ have asked for a national standard for have an equal provision. If this means cent had been here more than 10 years. children because they are all our chil­ reducing some of the levels of the very The illegal alien population generally dren. And, on the same basis, I would high States, so be it. But it does assert comprises young adults under 35, officials say, from a different perspective, that a uniform nationality. We are the only said. the Federal Government, bein_g re­ industrial democracy in the world that Mr. MOYNIHAN. Mr. President, on sponsible for the presence of illegal defines different levels of medical another matter, if I may ask, if my 5 aliens, ought to be responsible for care, different levels of child assist­ minutes have not expired, and if it their medical care. ance depending on the jurisdiction in has, I would ask unanimous consent to I hope this legislation will be re­ which the sick person or the depend­ continue. ceived favorably. I can imagine that ent child lives. The PRESIDING OFFICER. The today in this Senate there are not that This is an anachronism in our legis­ Senator may certainly ask unanimous many persons aware of the matter. I lation, 51 years from the enactment of consent for the time he desires. am sure my colleague, Senator Social Security, whose time has Mr. MOYNIHAN. Mr. President, I D'AMATO, my distinguished friend, is changed. Mr. President, I hope this ask unanimous consent that I may concerned, since it is a New York new event will give us an opportunity ruling. But this will become a national to consider this. speak for an additional 5 minutes with issue in no short order and require a Mr. President, I ask in that regard respect to our former colleague Jona­ response by the Congress. I hope that unanimous consent that a report of than Bruce Bingham, who died on the this will be done. As I say, Mr. Presi­ Judge Sifton's judgment which ap­ 3d of July. dent, I will file the legislation, now peared in the New York Daily News be The PRESIDING OFFICER. With­ being drafted, later today. printed in the RECORD at this point so out objection, it is so ordered. 16412 CONGRESSIONAL RECORD-SENATE July 15, 1986 THE DEATH OF THE HONORA­ There being no objection, the mate­ timacy of those walls to speak today of Jon­ BLE JONATHAN B. BINGHAM rial was ordered to be printed in the athan as father, as grandfather, as husband; RECORD, as follows: but dear June, we do especially think of Mr. MOYNIHAN. Mr. President, the you; we all know what you have given of Senate will by now have learned of the RIVERSIDE CHURCH love and devotion, of humor and brightness death July 3 of our friend and col­ I am August Heckscher, an old friend of and inspiration. Jonathan's, and June has asked me to say a And so the moment comes when we must league Jonathan B. Bingham, who few words in remembrance. represented the Riverdale and adjoin­ say farewell. It is not easy to do so. Togeth­ We each have our particular recollections, er we say it affectionately, admiringly. We ing areas of Bronx County in New even our special names for this good man­ say it with thankfulness, Jonathan, for the York City for nine terms. not only Jonathan, but Bing, and Jack, and gift of your life. Jack and I were friends for more even plain Bingham. I think that when I than three decades. We met in the first knew him-I had gone down from my school, St. Paul's, to debate against him at [From the New York Times, July 4, 1986] winter of 1953-54 when he was a prin­ Groton-it was as "Bing" he was known by cipal in the campaign of Franklin D. Ex-REPRESENTATIVE JONATHAN BINGHAM, 72, his schoolmates; and it was as Bing, when I DIES Roosevelt, Jr., then also a Member of visited him at Riverdale one recent day of the House, who hoped to win the spring, that I last said goodbye to him. [By Eric Pace) Democratic nomination for the Gover­ A year after our first encounter we both Former Representative Jonathan B. norship of New York. When Averell arrived as freshman at Yale. He was a Bingham, the veteran liberal Democrat Harriman was nominated instead, marked man from the start. His family from the Bronx, died yesterday at Presbyte­ name had long been connected with the uni­ rian Hospital. He was 72 years old and lived Frank Roosevelt cheerfully agreed to versity. His fame as a scholar, as a debater, in the Riverdale section of the Bronx. run for attorney general, pitted as a natural leader had preceded him; and A hospital spokesman said Mr. Bingham against our late and beloved Jack we looked to him to put his mark upon the had died of pneumonia and related compli­ Javits. next four years. Soon, indeed, he was the cations. In the same spirit Jack Bingham outstanding member of our class. As chair­ Mr. Bingham, a lanky, 6-foot 2-inch man of the Yale News, he converted that lawyer who was a former diplomat at the agreed to become research director of formerly rather stodgy Republican paper to the Harriman campaign, which in the United Nations, first entered Congress in a supporter of the Democratic party and January 1965 after defeating Charles A. manner of many organization efforts ardent advocate of Franklin Roosevelt and Buckley, the Bronx Democratic leader. He of that time was long on votes but the New Deal. He led us on many intellectu­ maintained a reputation as a staunch liberal somewhat short on policy details. Jack al escapades. He delighted us as comrade on Capitol Hill for nearly two decades, retir­ asked me to join him, and after Harri­ and friend. I had the good fortune in these years to ing late in 1982 at the end of his ninth term. man was successful in the fall election, be his lieutenant and supporter, and some­ He had withdrawn from the Democratic asked me to come to Albany as his times to be his rival. As a matter of fact, I primary in 1982 after his district, which cov­ aide. I was joined there by Elizabeth won out over him in Yale's oratorical con­ ered the heart of the Bronx-from the B. Brennan who became his personal test! But I never knew Bing to show the Grand Concourse to Co-op City-was re­ slightest touch of jealousy or resentment­ drawn. The new 19th District took in much assistant. Neither of us will forget the of Representative Mario Biaggi's district in moment not 3 months later when we as never in later life did I ever hear him ex­ press toward any man a shadow of such the east Bronx, spread across the northern walked into Jack's office late one emotions. His loyalty and help were never­ Bronx and into parts of Yonkers. afternoon to announce our engage­ failing, not only at Yale but through all the A member of the Foreign Affairs Commit­ ment. Jack, who usually worked 14 ups and downs of life. He was to me, and to tee, Mr. Bingham was an outspoken sup­ hours a day every day, stopped every­ many, such a friend as one does not find porter of Israel. He also wrote the Soviet thing, took us in to see the Governor, twice. Jewish Refugee Assistance Act of 1972 and then out to his great rambling home · I like to think of the day, many years was the chief House author of the Nuclear later, when I as Park Commissioner and he Nonproliferation Act of 1978, ~arming the on the Loudonville Road for cham­ as Congressman toured the green places of export of nuclear fuel and reactors to na­ pagne with June and the children. the Bronx. Perhaps some of you who met tions that refuse to open their facilities to His career is too well recorded in the with us are in this audience today. I saw international inspection. annals of the Nation, not least its leg­ then the gentle concern he had for every SOUGHT TO CONTROL HANDGUNS one of you; and I can tell you that if ever I islation, to bear repeating. There are In addition, he was one of the main forces few Senators present who did not extended a favor on a man's behalf-maybe only a few trash cans supplied, or a bench behind congressional rule changes in 1974 know him, and none who did not re­ repaired or a flower-bed renewed-I did it that provided for more democracy in the spect him. For those who were closer that day from the fulness of my heart. choice of committee chairmen and appor­ to him the relationship went beyond Jonathan's career as a servant of New tioned more power to subcommittee chair­ respect. On the occasion of his death, York state, of the United Nations, and men. I remarked: "Jack must have known above all as a Congressman, is well known. Over the years, Mr. Bingham tried but how much we admired him; I only He was always the liberal, always the man failed to bring about legislation controlling hope he knew how much we loved of peace, always the compassionate man the sale of handguns. He was also a fervent who cared for the oppressed minority, the critic of what he said was the insidious in­ him. No finer person ever graced our threatened nation, the disadvantaged indi­ fluence of campaign contributions on the politics or touched our lives." vidual. His manner was quiet, his rhetoric political process. On the occasion of a beautiful serv­ cool and rational, but he did not hestitate to Mr. Bingham, who was widely known as ice of thanksgiving for the life of Jon­ take on the most powerful of local bosses or Jack, could be blunt-spoken. "Congress has athan Brewster Bingham at the River­ the most fiercely entrenched lobby. put a lot of stupid restrictions on foreign side Church in New York, his dear He was, indeed, the examplar of what a aid," he said shortly before he retired. He friend, August Heckscher, spoke so public servant in a democracy should be. If added, "It's not entirely the fault of Con­ our country is to preserve in the future its gress, but our relations with Cuba are well of this extraordinary man that I sanity, its tradition of humane freedom, it stupid." ask unanimous consent that his re­ will be because there continues to be among In February 1977, he conferred for more marks be reprinted in the RECORD, its leaders a few men of the intellectual cali­ than eight hours in Havana with Fidel along with an obituary and an editori­ bre, the innate civility, the simple, inex­ Castro, the Cuban leader, who insisted that al which appeared in the New York haustible decency of Jonathan Bingham. a major precondition for normalizing rela­ Times. I ask unanimous consent too In his private life he was blessed. Growing tions with the United States was the lifting up as the youngest of seven brothers he of the United States embargo on trade with that a beautiful prayer which was read learned the rugged give-and-take of family Cuba. at the service by Jack's son-in-law, the existence. A large and constantly extending Yesterday, Senator Daniel Patrick Moyni­ Reverend Richard H. Downes, and progeny of his own-glowingly reported ham, Democrat of New York and a former remembrances by Mrs. Harriman and upon in holiday photographs dispatched to aide to Mr. Bingham, said Mr. Bingham M.J. Rosenberg be included in the constituents and friends-filled the big "must have known how much we admired RECORD. house in Riverdale. I dare not breach the in- him; I only hope he. knew how much we July 15, 1986 CONGRESSIONAL RECORD-SENATE 16413 loved him. No finer person ever graced our the Population Crisis Committee, 435 East TRIBUTE TO JACK BINGHAM politics or touched our lives." 52d Street. . nomic and Social Council. sion, injustice, bigotry and blindness of Bingham's top aide, Gordon Kerr, ushered He was the author of "Shirt Sleeve Diplo­ heart in all segments of society; For that me into the Congressman's presence. I was macy: Point 4 in Action," which came out in steadfastness we all knew and felt, a loyalty well-prepared for any legislative query he 1954, and a co-author-with his brother not only to people but to institutions that might throw at me. He looked intimidating. Alfred-of "Violence and Democracy," enrich human life. Dear Lord, we bless thee Almost six-and-a-half feet tall, slim, with which appeared in 1970. as thou hast blessed him-with the music of snow white hair. He could have been elected A spokesman for the Bingham family said the violin and voices, with words of poetry on his looks alone! He told me about his po­ yesterday that Mr. Bingham had been ad­ and prose, with art's full loveliness. litical views. He was a liberal Democrat, a mitted to the hospital six weeks ago and We praise thee for his delight in nature, battler for equal opportunity for blacks and had been treated with drugs used for Le­ in her simplicity and her glory-and for his women. He was an outspoken opponent of gionnaire's disease, a kind of pneumonia. mirth when his little ship was at the mercy the Vietnam war. But the spokesman said that Mr. Bingham of the tides; But his real love was foreign policy and had more than one other type of pneumo­ For the kind and generous spirit which so his special passion was Israel. nia, and that they were the cause of death. many knew, as he gave of his time and Part of the reason for that was political. The spokesman said it was his understand­ treasure that others might live more freely He had many Jewish constituents. But he ing that Mr. Bingham had not been diag­ and abundantly; and his wife, June, had been ardent Zionists nosed as having Legionnaire's disease. For his soft humor, his sometimes uncon­ in the pre-state era. They had first visited His survivors include his wife, the former trollable laughter-and his happy ability to the country in 1950. June Rossbach, whom he married in 1939; laugh most heartily at himself; Lord God, Bingham recognized that as a Mayflower­ five brothers, Alfred and Hiram, both of Whose Name is Love, we thank thee for the descended Protestant he could be especially Salem, Conn.; Mitchell, of Pacific Palisades, love .that stirred the heart of Jonathan helpful to the Jewish state on the Foreign Calif.; Brewster, of New Haven, and Charles, Bingham day by day, that steady, quiet, Affairs Committee. He had unique credibil­ of Farmington, Conn.; three daughters, wondrous love which touched us all in ity when he worked to put the foreign aid Sherrell Bingham Downes of Washington; countless ways, most notably in his inspired bill over. His Jewish colleagues-and espe­ Micki B. Esselstyn of New Haven; and Guru marriage. cially his friend Rep. Ben Rosenthal-recog­ Nam Kaur Khalsa of Great Falls, Va.; a son, Help us, 0 Gracious God, as we reflect on nized that and wisely let the Connecticut Timothy W., of New Haven, and 10 grand­ the rich humanity of our dear friend, to be Yankee take the lead. In his time, Bingham children. thankful not only in our prayers but in our helped enact aid bills worth billions of dol­ A memorial service is to be held at 4 P.M. lives. Let this man be a sign from thee to lars in assistance to Israel. Tuesday at the Riverside Church, Riverside each of us, that we may live more fully and He asked me about my Jewish and Zionist Drive at 122d Street. The family requests generously and lovingly this day and ever­ background and said that the letter of rec­ that no flowers be sent and that contribu­ more. Amen. ommendation he had received from tions be made instead to Yale University or • Phillips Brooks, the Groton School Hymn. AIPAC's founder, I.L. Kenen, carried a 16414 CONGRESSIONAL RECORD-SENATE July 15, 1986 great deal of weight with him. After ensur­ Today, I wish to join with many of Bingham was right on that one from ing that I was knowledgeable about-and Jack Bingham's friends in Congress in the beginning. shared his views of-the environment, af­ paying tribute to him for his life's There is another type of contribu­ firmative action, and government programs to help the poor, he offered me a job. He work and in expressing our sorrow to tion that Jack Bingham made as a said that I, like his previous L.S.s, would his wife, June, and to his family for Congressman and a leader that will serve for just one year. " In a year's time you their loss. not show up in any history book or can learn a great deal up here. You may My friend and colleague, PAT MOYNI­ any copy of the CONGRESSIONAL even have an impact, in a small way." HAN, has already noted many of the RECORD. But it is a contribution which After six months, Bingham asked me to important accomplishments of Jack has ensured Jack Bingham a special stay another year. I stayed another seven Bingham. It is true that each time this and enduring legacy. and, if he hadn't been unfairly gerryman­ dered out of his seat, I would never have body proceeds to address such issues Jack loved young people. Whether left. · as nuclear export policy, war powers they were young Congressmen who Bingham, himself, was a civics textbook authority, and arms exports, we are came to him fresh from the hustings image of a Congressman. He worked long operating under a legislative frame­ in search of committee assignments hours. He studied committee reports. He work which is just part of Jack Bing­ for their freshman year or young in­ regularly disregarded the advice of staff ham's substantial legacy. terns looking for a chance at a job on members who urged a vote for an ill-con­ ceived bill because it would score a few Jack was a pathfinder on many of the staff of Congress, Jack always points back home. Personally, he was won­ these issues. Together with Gaylord showed extraordinary patience and derful to work for-even-tempered, fair, Nelson, he led the way in establishing faith. When Jack had accumulated se­ generous. His staff was loyal to him and to the rules which today govern all U.S. niority he used his authority not to each other. He was thoughtful. On a half­ arms exports. The historic debates monopolize power, but to open the dozen occasions, he took this awe-struck Congress has had over such proposals process to involve younger Members aide to the White House. I'll never forget as the 1978 arms package to the more deeply. He led the way for the how he introduced me to President Ford. "Mr. President, you know my L.A. Mike Middle East, the 1981 AWAC's sale to House reforms of the "Class of the Rosenberg?" Later he used the same ap­ Saudi Arabia, or the more recent de­ 94th Congress," and today in this body proach with President Carter-and with bates over arms sales to Jordan and we have many of the Congressmen Menachem Begin and Anwar Sadat. On the Saudi Arabia, were made possible only who benefited from Jack's wisdom and way back to the Hill, he would tease me because of the Bingham-Nelson meas­ have now joined us in this body-PAUL about my "uncharacteristic shyness today." ure which ensured that Congress SARBANES, CHRIS DODD, TOM HARKIN, But my favorite memory of Jonathan Bingham, who died last week, concerns my could exercise this constitutional LARRY PRESSLER, PAUL SIMON, just to older son Nicky. Bingham adored him-and perogative. name a few, and one Senator who one night he insisted on taking the five­ Starting with this improbable, come­ worked on Jack Bingham's staff-PAT year-old onto the House floor. Aides were from-way-behind victory over Repre­ MOYNIHAN. not routinely permitted there-although the children and grandchildren of Repre­ sentative Charles Buckley in 1964, And Jack's legacy is with us on our sentatives were. My wife, Mindy, and I ran Jack Bingham was never afraid to take staffs as well. Jack had a unique pa­ up to the tourist gallery in time to see on a tough fight. When he was thwart­ tience to take the time with kids fresh Bingham introducing Nicky to Mo Udall, Liz ed in his efforts to reform U.S. nuclear out of college or the military service Holtzman, and Speaker Tip O'Neill. power and nuclear export policies, he and show them the ropes. He led by Then Bingham left Nicky sitting in one of confronted industry boosters head-on. his example, by his exquisite manners those hallowed seats ties. If it were unable to borrow, the federal article by Alice M. Rivlin, director of The time has come to simplify the federal government would be forced to raise taxes the economic studies program at budget process. Hardly anyone likes the or cut spending during recessions, making Brookings, and former Director of the complicated and arcane procedure the U.S. swings in the economy much wider. But gov­ Congressional Budget Office. government uses to arrive at a budget. The ernments, like families and businesses, can 16416 CONGRESSIONAL RECORD-SENATE July 15, 1986 over-borrow, and the question of how much The elaborate set of documents labeled and signed into law. More than a dozen to borrow or pay back makes budgeting "The Budget of the United States Govern­ major appropriations bills were voted on at more complicated and contentious. ment," which the president issues with such different times of the year. Relative prior­ Third, variations in prices, employment, fanfare each year, is really a set of propos­ ities, such as defense as opposed to educa­ incomes, and responsibilities make it diffi­ als, detailed estimates of what will be spent tion or health, were never explicitly consid­ cult for any organization to estimate future and collected in the next year if the presi­ ered. costs and revenues and reach decisions dent's recommendations for spending and Spending for social insurance and other about them. Finally, and most important, taxing laws are accepted by Congress and entitlement programs, which was growing budget-making is hard when the organiza­ the economy behaves as the administration rapidly in the 1960s and 1970s, remained tion has multiple decision-makers with dif­ assumes it will. outside the normal appropriations process. ferent convictions about what the organiza­ Because of the separation of powers, the Amounts spent on these programs were de­ tion ought to do and how it ought to do it. history of budget-making in the U.S. gov­ termined automatically once the character­ The situation requires a budget process-a ernment is two separate histories: that of istics of beneficiaries and the level of their procedure for arraying choices, debating executive branch efforts to evolve a proce­ benefits were defined by legislation. what should be done, and making decisions. dure for crafting the president's budget pro­ Revenue bills came out of different com­ The U.S. government is subject to all of posals and that of congressional efforts to mittees and were voted on separately from these budget-complicating conditions in ex­ make spending and taxing decisions in a spending measures. Because the spending treme form. It has the taxing capacity of a more orderly way. Gramm-Rudman-Hol­ and taxing sides were never brought togeth­ wealthy country and faces a high level of lings is unique because it tries for the first er, Congress never voted on the question world and domestic responsibilities. It has time to deal with the efforts simultaneously whether revenues and expenditures were in apparently unlimited access to credit and and create a procedure for forcing the presi­ appropriate relationship to each other. Con­ has experienced the uncertainties about dent and Congress to attain an agreed gressional budget policy was the accidental costs and revenues associated with wide budget deficit target together. It is not yet result of spending and revenue decisions in­ swings in prices and economic activity and clear whether this objective can be achieved fluenced by different committees and made with unexpected world events. But most im­ in a way that does not violate the constitu­ at different times. portant is the decision-making complexity tional separation of powers. inherent in the constitutional separation of Spurred by feelings of frustration and im­ powers between Congress and the president. THE PRESIDENT'S BUDGET potence in confronting President Nixon, The president can propose changes in budg­ The U.S. government had no budget deci­ whose priorities differed from their own, etary priorities, but the ultimate power to sion process at all until after World War I. members of Congress finally took a long levy taxes and authorize spending of public Throughout the nineteenth and early twen­ overdue step and passed the Congressional funds is lodged in Congress, subject only to tieth centuries, the central government had Budget Act of 1974. The act created budget presidential veto. This divided rule works f P.w budget responsibilities, and government committees in each house charged with for­ well when the president and Congress are in agencies took their requests for funds di­ mulating an overall budget policy that, broad agreement or are willing to compro­ rectly to Congress. when passed by Congress in the form of a mise their differences. It leads to deadlock The Budget and Accounting Act of 1921 budget resolution, would serve as a control­ and frustration when congressional and represented a major departure from these ling framework within which individual presidential views differ and one or both are practices: it was the first in a series of insti­ taxing and spending measures could be unwilling to strike a bargain. Recent deficits tutional changes designed to make sure the fitted. It also created the Congressional have reflected the collision between the president controlled requests for funds and Budget Office to give Congress an objective, president's unwillingness to increase taxes proposed a budget that reflected the views nonpartisan source of budget analysis and or reduce defense growth and Congress's re­ and priorities of his administration. The act information. fusal to cut domestic spending by the created a new staff, now called the Office of The budget act provided for an elaborate amounts or in the ways proposed by the Management and Budget, charged with ex­ three-stage process spread over a nine­ president. amining the requests of agencies and provid­ month period between January, when the One can imagine a contentious family ing the president with the information on president's budget proposal is made, and Oc­ with differing views on how to reduce its which to base budget proposals. tober 1, when the new fiscal year begins. In budget deficit arriving at a procedure like Subsequently, the Employment Act of the first stage the budget committees would Gramm-Rudman-Hollings. First, some mem­ 1946 charged the newly created Council of produce a first concurrent resolution on the bers might argue that the deficit is tempo­ Economic Advisers with responsibility for budget that would specify the aggregate rary and the family will "grow out of it"; forecasting economic developments, assist­ level of federal spending for the next year, others that the deficit does not matter. ing the president in formulating fiscal break down that spending by major catego­ Gradually all realize that they are facing a policy, and making an annual economic ries certi­ later than the May 15 deadline. Once an 1984 President Reagan vacillated on the se­ fy what cuts are to be made by the presi­ agreement was reached, no one wanted to riousness of the deficit, sometimes alleging dent. The lower court held this to be a viola­ reopen the arguments. Hence the second that it would disappear as the economy tion of the constitutional separation of resolution quickly became a formality, then grew and sometimes deploring it and calling powers. If the Supreme Court upholds the was officially folded into the first. for reduced domestic spending. Presidential lower court, Congress can still use a proce­ The new decision process established by budget proposals reflected a consistent dure in the law that involves voting to with­ the Congressional Budget Act of 1974 ac­ budget strategy that continued the defense hold the funds specified by the formula. It complished its major purpose. It gave Con­ buildup, rejected both tax increases and might be reluctant to do this, however, and gress a forum for deciding fiscal policy. The cuts in social security, and proposed sub­ if it did, the president could veto. new procedures were expected to stengthen stantial reductions in many domestic activi­ Even if Gramm-Rudman-Hollings forces congressional power at the expense of the ties. Congressional leaders generally made agreement on a deficit reduction plan, it is president's. However, in 1981 President stronger statements about the necessity of an undesirable budget process. First, the Reagan, aided by his aggressive budget di­ getting the annual deficits down, but dif­ procedure, which requires cutting every un­ rector David A. Stockman, used the central­ fered with the president and with each exempted line item in the budget by a fixed ized features of the congresssional budget other on how to do it. Actual budget actions percentage, allows no reconsideration of pri­ process effectively to obtain congressional reflected painfully engineered compromises orities and could lead to absurd and unin­ approval of drastic changes in the federal that generally pared back the president's tended results. Second, the adoption of a budget. The major elements of the Reagan defense increases, accepted some but by no fixed dollar target f9r the deficit can desta­ program-tax cuts, increases in defense means all of the proposed domestic cuts, bilize fiscal policy. spending, and reductions in domestic spend­ and raised revenues somewhat, most nota­ Finally, Gramm-Rudman-Hollings does ing-were embodied in a three-year budget bly in 1982 when aspects of the generous nothing to reduce the layering and complex­ resolution and passed by Congress as a tax cuts of the previous year were rescinded. ity of the current budget process. The law package. The result was to reduce anticipated further does strengthen enforcement of the budget Reconciliation, the process originally asso­ increases in the deficits but to leave them ciated with the second budget resolution, resolution, which should improve congres­ still at unprecedented levels even though sional self-discipline, but it also adds to con­ was used to bring entitlement programs and the economy began recovering rapidly in other ongoing spending legislation into con­ gressional workloads and accelerates dead­ 1983. lines that were already proving impossible formity with the reduced domestic spending By 1985 both the administration and Con­ totals in the first budget resolu­ to meet. For example, the law requires Con­ gress had come to realize that the deficits gress to pass the budget resolution by April tion. These numerous, complex, and some­ would not disappear with economic growth times far-reaching changes in existing laws 15, although the current deadline of May 15 and were a threat to the long-run health of has not been met in some years. Deadlines were also voted as a single package. the economy. But views on what to do about The events of 1981 showed that a presi­ are missing in large part because the process them had not converged. The battle over itself is overly complicated. Congress will dent with strong views on budget priorities the fiscal 1986 budget was long and bitter. It and a recent election mandate could use the not solve this problem merely by exhorting resulted in congressional rejection of fur­ itself to try harder to finish on time. congressional budget process to obtain rapid ther defense increases in that year and of ratification of dramatic changes in the most of the deep domestic spending cuts WAYS TO SIMPLIFY THE PROCESS budget as a whole. The fragmented decision proposed by the president. The president Even before it was subjected to the stress process that existed before the 1974 reforms first accepted and then pulled away from a of dealing with large deficits and divergent would have made these instant, simultane­ Senate-passed proposal to suspend the views among House, Senate, and president, ous changes in many parts of the budget social security cost-of-living adjustment and the budget process was showing signs of much less feasible. President Reagan's use similarly rejected all efforts to reduce the breaking down of its own weight. Partici­ of the reconciliation process for wholesale deficit by increasing revenues. Although pants complained about the length of time alteration of detailed spending legislation, final budget actions made inroads on future spent on each budget-at least six months however, left many congressional commit­ deficits, the conflicts left all parties feeling for preparation of the president's proposal tees, especially in the Democratic H9use of frustrated, discouraged, and helpless. and at least nine months for congressional Representatives, bruised and determined to In this atmosphere the Gramm-Rudman­ decisions. Deadlines were missed regularly reassert their traditional powers. Hollings proposal was offered in the fall of and continuing resolutions became more The budget decisions made in 1981 result­ 1985 as an amendment to a necessary in­ and more frequent because agreement often ed in enormous deficits in subsequent years. crease in the debt ceiling. Unexpectedly, it could not be reached on regular appropria­ The tax cuts reduced federal revenues as a gained wide support. Although members of tions. Participants also complained about percent of gross national product while his administration expressed reservations the multiplicity of congressional committees spending continued to increase. The future about the approach, especially about the with overlapping jurisdictions. Testifying on deficits were not anticipated in 1981, in part possible impact on defense spending, the the same issues before several committees because the budget resolution assumed un­ president endorsed the proposal and it on both sides of the Hill consumed the time specified future cuts in domestic spending passed quickly. of executive branch officials and members that never materialized. More important, The law sets annual targets that reduce of Congress alike. however, the budget resolution was based the budget deficit to zero in fiscal 1991. If in Moreover, the frequency with which the on optimistic economic assumptions that any year agreement cannot be reached on same issues came up for consideration soon proved totally unrealistic. The reces­ the specific measures needed to achieve meant that many decisions were never final. sion precipitated by high interest rates in those targets, the law provides a mechanical Crucial votes on major weapons systems, 1981 caused a rapid surge in deficits. Financ­ formula that cuts defense and civilian such as the MX missile, were occurring in ing an escalating debt at high interest rates spending in approximately equal amounts each house three or more times in a single led to unprecedented increases in federal sufficient to meet the goal. year in the context of authorization, appro­ spending for interest payments. As a result, The impact of the new law was felt imme­ priation, and budget action. Congress increases in spending for defense and inter­ diately. Application of the law's mechanical seemed more and more immersed in the de­ est substantially exceeded cuts in domestic formula on a limited basis in fiscal 1986 cut tails of federal programs and less and less spending, leaving a growing deficit even as $11.7 billion from spending in that year and concerned with the overall directions of fed­ the economy recovered. reduced the spending base by substantially eral policy. A growing number of members Beginning in 1982, rapidly escalating defi­ more than that for future years. Reaching and observers of Congress have come to be­ cits subjected the entire federal budget the targets by applying the formula in 1987 lieve that drastic change is needed to im­ process to extreme stress. Under this stress and beyond, however, would seriously prove the effectiveness of the congressional two weaknesses of the decision process impair the effectiveness of both civilian and budget process. But the deficit crisis itself stood out clearly: the basic problem, built defense programs. It is hard to believe Con­ has delayed serious consideration of proce­ into the Constitution, of resolving any diffi­ gress and the president will allow this to dural change. cult problem when the president and Con­ occur. The hope is that the desire to avoid Three types of reform would make effec­ gress disagree, and the layering of the proc­ this outcome will bring about agreement on tive decisionmaking more feasible: making ess that made it unwieldy and time-consum­ a more sensible way of reaching the targets. decisions less often by moving to a mul­ ing in normal times and close to nonfunc­ The current situation is complicated, how­ tiyear budget, reducing the number of com­ tional under stress. ever, by the possibility that the Supreme mittees by consolidating the authorizing DIFFICULTIES OF DIVIDED POWER Court may uphold a circuit court ruling and appropriating processes, and simplify­ The debate over each successive budget that the automatic formula is unconstitu­ ing the budget itself by reducing the since 1981 has been dominated by clashes of tional because it involves having an officer number of accounts and line items. 16418 CONGRESSIONAL RECORD-SENATE July 15, 1986 MULTIYEAR BUDGETING efforts to bring down the deficit necessarily managers specifying detailed operations for An obvious way to reduce the time spent involved more than one year, so three-year the executive branch. on the budget process would be to go budget resolutions have become standard. None of the changes suggested here would through the process less often, perhaps Nevertheless, appropriations and many au­ require amending the Constitution. Each every other year. Less frequent budgeting thorizations are still done one year at a could be accomplished by legislation or has many clear benefits. The managers of time. It is time to move the whole process to changes in House and Senate rules and cus­ federal programs and the recipients of fed­ a two-year cycle. tomary practice. All the recommendations, eral grants could plan programs more effec­ CONSOLIDATING THE AUTHORIZING AND however, would meet with strong opposition tively if they could assume funding for a APPROPRIATING FUNCTIONS in Congress because each threatens the managing and less time preparing and de­ committees write the basic legislation that existing power structure. Multiyear budget­ fending budgets and adjusting to funding governs how federal programs function, and ing would deprive Congress of the annual changes. And Congress, relieved of annual the appropriations committees budget spe­ chance to impose its will in appropriations budget battles, could devote more attention cific sums to carry them out. In practice the and other budget legislation. Consolidating to long-run issues and more careful over­ distinction between the two has often the authorizing and appropriating processes sight of federal programs. blurred in recent years, perhaps because of would reduce the number of committee and Spending levels for some programs are, of the intensity of interest in the budget and subcommittee chairmanships. course, affected by unpredictable cataclys­ the small number of new programs being Budgeting in less detail is perhaps the mic events, such as the outbreak of war. But considered. In working out the defense most threatening of all, because Congress such events have to be dealt with on an budget, for example, the authorizing com­ has a long tradition of making itself felt and emergency basis even with an annual mittees and appropriations subcommittees protecting constituent interests through tin­ budget process. It is hard to imagine that often appear to be doing exactly the same kering with line items. Nevertheless, Con­ most federal programs benefit more from thing-subjecting the budget to line-by-line gress is highly frustrated with the current hasty annual review than from more thor­ scrutiny with special attention to procuring system, which imposes an exhausting work­ ough, better prepared evaluation at longer weapons systems. Such duplication wastes load but yields little satisfaction of accom­ intervals. the time and energy of Congress and execu­ plishment. Once the deficit crisis is at least It is true that budgeting depends on eco­ tive branch alike. partially resolved, but before memories of nomic assumptions about the future and On the other hand, spending for entitle­ this stressful period recede, the chance for that longer-run forecasts are more uncer­ ments, now two-fifths of the budget, is out­ substantial reform of the budget process tain. But only a few programs are greatly seems high. affected by the state of the economy, and side the appropriations process. The bulk of entitlement spending is handled by the tax OTHER POSSIBLE REFORMS many of these are entitlement programs committees, sometimes creating logjams for that adjust automatically. If the economy these overworked committees. President Reagan favors two major suffered an unexpected recession in the Restructuring the committees would im­ changes in budget procedures that he be­ middle of the multiyear budget period, Con­ prove the budget process. Ideally each lieves would work to hold down federal gress might well want to consider changing major area of federal activity-defense, spending and deficits: a constitutional tax rates or accelerating some spending pro­ income security, national resources, and so amendment to require a balanced budget grams. But this could be done-as it is now­ forth-should have a program committee re­ and a line item presidential veto. Both pro­ without reconsidering the whole budget. sponsible both for drafting basic legislation posals are troublesome. Numerous bills proposing multiyear budg­ and for reviewing budgets in its area. Each Requiring balance in the budget regard­ ets have been introduced-most calling for would handle both entitlement programs less of the state of the economy could force biennial budgeting, which is used by many and discretionary appropriations. Revenue the federal government to adopt an inap­ state governments-and some hearings have committees would handle only revenue, not propriate fiscal policy. Drafts of constitu­ been held. Some biennial budget bills envi­ spending, programs. The budget committees tional amendments usually have escape sion Congress spending the first year of would be charged with putting together an clauses, but it is difficult to foresee the vari­ each session on program oversight and overall budget strategy that would include ety of special circmnstances that could other matters and handling the two-year both revenue and spending. They would also affect future fiscal policy. Such amend­ budget in the second year of the session. consider relative priorities among programs ments usually empower a super majority Under this arrangement a newly elected and recommend appropriate fiscal policy. , initiated at the request of concluded and the Department of Jus­ man of the Consumer Produce Safety myself and Senator HOLLINGS. The in­ tice has determined that criminal Commission. vestigation was requested in response prosecution is not warranted. Mr. President, the most devastating to the allegations regarding Commis­ It has been over a year and a half analysis of Mr. Scanlon's record as a sioner Scanlon made at his confirma­ since the President nominated Ter­ Commissioner of the Consumer Prod­ tion hearing. The allegations related rence Scanlon to be the Chairman of uct Safety Commission was presented to misuse of Government property, im­ the Consumer Product Safety Com­ by Esther Petersen in a letter she sent proper dealings with companies sub­ mission. During that period, Commis­ to the ranking minority member of ject to CPSC regulations.. misleading sioner Scanlon has undergone two the Senate Commerce Committee. For and deceptive statements or activities, Government investigations which my money, there is nobody in this and inappropriate personnel actions. have now been completed. I believe country who is a stronger, more During its investigation, the GAO there is no reason, based on the results thoughtful, more responsible advocate interviewed 41 people, most of whom of these investigations, to delay fur­ of consumer interests than Esther Pe­ were CPSC employees. The evidence ther consideration of Commissioner tersen. Esther Petersen has served our and documentation provided to the Scanlon's nomination. During his year Nation with great distinction. Twice GAO failed to substantiate 12 of the of service as Chairman, he demon- she was a Special Assistant to the July 15, 1986 CONGRESSIONAL RECORD-SENATE 16425 President on Consumer Affairs. She WASHINGTON, DC, when a side of the mesh crib or playpen was received the Presidential Medal of December 3, 1985. left in a lowered position. Hon. ERNEST HOLLINGS, To initiate actions to recall hazardous Freedom in 1981. Ranking Minority Member, Committee on wooden-slated, V-shaped infant corrals. Mrs. Petersen points out that Mr. Commerce, Science and Transportation, These enclosures were associated with at Scanlon, time after time, opposed the Washington, DC. least 3 infant deaths and one instance of taking of strong action against unsafe DEAR SENATOR HOLLINGS: I am writing to permanent brain damage during 1980-1982. products. urge the Committee to withhold confirma­ CPSC convinced manufacturers to halt fur­ For example, Mr. Scanlon opposed tion of Commissioner Terrence Scanlon to ther production of these enclosures, but serve as Chairman of the Consumer Product they have not yet recalled the corrals. the initial actions to recall hazardous Safety Commission. During Mr. Scanlon's To correct crib hardware failures associat­ wooden-slated, V-shaped corrals. term as Commissioner and Acting Chair­ ed with faulty parts such as loose mattress Mr. Scanlon opposed action to speed man, he has demonstrated a lack of both supports, machine screws and guide rods or up the recall of hazardous infant commitment and enthusiasm in providing missing crib hardware parts. Since 1980, squeeze toys. consumers of this country with the protec­ faulty hardware in cribs has been involved Mr. Scanlon opposed prompt correc­ tion that Congress envisioned when it en­ in the death of 27 infants. acted the Consumer Product Safety Act Also in the area of risk to infants, Mr. tive action regarding mesh-sided cribs . Scanlon was the only member of the Com­ and playpens. As a general matter, I believe that the mission to oppose CPSC's enforcement In each of these cases, infants and President is entitled to a measure of defer­ policy to drastically cut back on the pres­ young children had horribly and trag­ ence in nominations that he submits to the ence of cancer-causing nitrosamines in latex ically died before corrective action was Senate for confirmation. However, I believe infant pacifiers. Following issuance of the that the amount of deference he is due is policy, in conjunction with the FDA, affect­ taken. lower with respect to nominations for posi­ ed companies moved swiftly to reduce high That was not all, Mr. President. Also tions in independent regulatory agencies levels of these dangerous nitrosamines in the area of risk to infants, Mr. than nominations to posts in the executive which could be readily ingested by a child Scanlon was the only member of the branch. The former, as you know, are arms sucking on a pacifier. Commission to oppose CPSC's enforce­ of Congress and the Senate should evaluate Mr. Scanlon was the proponent and sole ment policy to drastically cut back on not only the competence and integrity of vote in favor of revamping the Commis­ nominees to these agencies, but their philo­ sion's export policy under the federal Haz­ the presence of cancer-causing nitrosa­ sophical orientations as well. The Chairman ardous Substances Act and the Consumer mines in latex infant pacifiers. Follow­ sets both the direction and tone for the Product Safety Act to allow manufacturers ing issuance of the policy, in conjunc­ agency's activities. The individual confirmed to "dump" on citizens of other countries tion with the FDA, affected companies to that post, therefore. should be one who products which violate U.S. codes and regu­ moved swiftly to reduce high levels of will implement the Act without reservation. lations. If Mr. Scanlon had his way, compa­ Mr. Scanlon is not such an individual. nies now would be able to ship at will non­ these dangerous nitrosamines which Congress has a history of reserving for complying goods overseas, merely giving ad­ could be readily ingested by a child itself a very active role in overseeing the ac­ vance notice of their imminent arrival to sucking on a pacifier. tivities of the Commission. The mere fact the country where the goods are headed. Now, Mr. President, as Esther Peter­ that the statute explicitly provides for con­ Writing in dissent, Mr. Scanlon decried the sen points out, as a general matter, firmation of the individual designated to be continuing role of the Commissioners as this body gives the Presidential nomi­ Chairman, as well as of those nominated to "international nannies." He pooh-poohed be Commissioners, is one indication of this. the double-edged danger when companies nations a "deference," and we should. When the Act was originally passed, Con­ can willy-nilly export violative products if But "the amount of deference he is gress also insisted that CPSC budget re­ and when they are caught selling such due is lower with respect to nomina­ quests to OMB be submitted simultaneously goods within the U.S. Mr. Scanlon's propos­ tions for positions in independent reg­ to Congress, and your Committee has been al would have threatened consumers at ulatory agencies than nominations to extremely conscientious in holding regular home because, inevitably, exported defec­ posts in the executive branch. The oversight hearings of the agency's activities. tive items make their way back to the U.S. Therefore, insistance on philosophical sup­ And, his revisions would have made "Made former, as you know, are arms of Con­ port by the Chairman of the CPSC's basic in America" a warning rather than a sign of gress and the Senate should evaluate mission is appropriate and entirely consist­ quality. not only the competence and integrity ent with previous Congressional involve­ Mr. Scanlon is on record as opposing what of nominees to these agencies, but ment in the activities of the agency. he chooses to call "back-door rulemaking." their philosophical orientations as We are fortunate to have a track record in He uses this term to describe what he sees well." assessing Mr. Scanlon's commitment to the as a "worrisome trend" of issuing com­ implementation of Congress's directives. plaints under Section 15 of the Consumer I feel that in this particular case the That record, I believe. can be summed up in Product Safety Act against all manufactur­ record I have cited, brief as it is, one sentence: Mr. Scanlon has been soft on ers in a given industry because of a generic should give real basis for Members of safety. Frankly, I question whether he safety problem. Speaking at the Consumer the Senate to oppose this nomination. philosophically believes in the statute to Federation of America 18th Annual Con­ Now, Mr. President, as Mrs. Petersen which he has taken an oath to administer. sumer Assembly in January 1985, Mr. Scan­ points out, at every opportunity Mr. The record speaks for itself. He voted-not lon compared "back-door rulemaking" to just once, but time after time-against criti­ taxation without representation and cited Scanlon favors voluntary standards cal enforcement activities vital to product the practice as an "industry-wide fix with­ over mandatory standards. Certainly, safety involving dangerous children's prod­ out consumer input." voluntary standards play an important ucts. Specifically, he opposed using the These attacks demonstrate Mr. Scanlon's role, but Congress empowered the stronger authority provided by the Con­ failure to understand the Congressionally­ Consumer Product Safety Commission sumer Product Safety Act- mandated rationale for the highly impor­ to require rather than cajole manufac­ To speed along the recall of hazardous tant recall provisions of Section 15. Section infant squeeze toys. Despite Mr. Scanlon's 15 authorizes CPSC to remove unsafe prod­ turers to take action when appropri- opposition, eight companies were involved them from the possession of consumers and Mr. President, I ask unanimous con­ in halting future sales as well as recalling retail shelves. This ability to eliminate risks sent that the entire letter from Esther and redesigning the product. These actions from products already on the market would Petersen be printed in the RECORD at were taken to redress the strangulation be eviscerated if cumbersome rulemaking hazard posed by the possibility of the toy's procedures were required whenever a sub­ this point. narrow handle getting stuck in an infant's stantial product hazard affects products The PRESIDING OFFICER. With­ throat. Four children died in incidents in­ manufactured by more than one company. out objection, it is so ordered. volving these toys. If Section 15 relief is deemed necessary, There being no objection, the letter To promote corrective action concerning then dangerous products should be recalled was ordered to be printed in the mesh-sided cribs and playpens. At least 14 from consumers. Following corrective RECORD, as follows: infants tragically suffocated when they action, it may also prevent the same or simi­ rolled into a loose pocket of mesh formed lar danger from appearing in future produc- 16426 CONGRESSIONAL RECORD-SENATE July 15, 1986 tion runs. Such prospective relief is the right person to head the Consumer in this Nation. And what happened function of safety rules. Rulemaking re­ Product Safety Commission. after we took away that authority? duces risks in products not yet manufac­ On the first, frankly, the Justice De­ tured. Deaths and accidents in amusement Consumers benefit from CPSC having partment has made an investigation. parks in this Nation have roughly dou­ available both options-retrospective and They referred the matter to the grand bled. prospective-as the Commission fulfills its jury. The grand jury found no indicta­ My colleague pointed out that Mr. mandate to protect Americans from unrea­ ble offense. I accept that. That is not Scanlon has led the way on voluntary sonable risks of injury and death from con­ the basis of my opposition to this nom­ compliance, and that is what he has sumer products. ination. My basis for opposition is favored on inspection for amusement At every opportunity, Mr. Scanlon lauds whether or not he is qualified by atti­ parks. He wants only to do things vol­ voluntary standards as cheaper, faster and tude, not ability, to be the Chairman untarily. more technologically flexible than mandato­ of the Consumer Product Safety Com­ ry standards. While voluntary standards can 0 1520 play a role in assuring public safety, they mission. I think the record is crystal have their limits and Mr. Scanlon does not clear on that. I like voluntary things. I think it is recognize these limits. Some voluntary We call it the Consumer Product great that we voluntarily stop at a red standards efforts drag on endlessly or just Safety Commission, and if we want to light. But I want a policeman who can plan fail when an identified risk of injury or continue calling it that, we ought to give someone a ticket if you do not death is complex, or when the affected in­ get someone who is interested in pro­ stop at a red light. If you do not have dustry is either not organized or not cooper­ tecting consumers. If we are going to ative. For instance, work on a voluntary that, you are not going to have very standard effort to address chain saw rota­ come up with a Scanlon-type nomina­ much done voluntarily. tional kickback has taken some seven years tion, then let us change the name and My colleague from Wisconsin has al­ and-finally-is approaching a conclusion. call it The Industry Protection Com­ ready put in the RECORD the letter of Commission staff worked closely with the mission. Esther Petersen, and it is a superb industry over this period, devoting approxi­ It reminds me of the time I was in letter. Let me read three sentences mately $5 million in staff time and contract the State legislature in Illinois back a from that letter: dollars to significantly reduce the risk of couple of decades ago, I guess three At every opportunit y, Mr. Scanlon lauds injury or death from the uncontrolled, decades ago now when we had, unfor­ upward and rearward movement of a buzz­ voluntary standards as cheaper, faster, and ing chain saw hitting its operator. While tunately, more than our share of ties more technologically flexible than mandato­ Commission staff estimate that the new to organized crime in the legislature. ry standards. While voluntary standards can standard should reduce kickback injuries by Some of us had proposed that we play a role in assuring public safety, they 80 percent, seven years of dedicated effort is create a crime commission in Illinois. have their limits and Mr. Scanlon does not hardly an efficient track record about which It was going nowhere. And then one recognize these limits. to brag. day an alderman in the city of Chicago Finally, she says: The role of the Chairman is to enforce the by the name of Ben Lewis was slain The role of the Chairman is to enforce the law as Congress has enacted it, not to gangland style, it so happened just law as Congress has enacted it, not to employ one's creativity to find ways around before the day the vote was to come employ one's creativity to find ways around the law. Mr. Scanlon should not be the out. the law. Mr. Scanlon should not be the Chairman of this agency and I urge the Chairman of this agency. Senate Committee on Commerce, Science The bill passed, and it was signed by and Transportation to deny his confirma­ the Governor. Then the Governor Esther Petersen is the saint of the tion. made the appointments, and we were consumer movement in this country, Sincerely, chagrined by the appointments. One so far as I am concerned, and when ESTHER PETERSEN. of my colleagues said, "We should she says something like this, we Mr. PROXMIRE. I ask my col­ have made it a little clearer and called should listen carefully. leagues, Do we really want a Chair­ it 'the anticrime commission.' " There is a second letter which I ask man of the Consumer Product Safety Well, what we need is either a unanimous consent to have printed in Commission who has consistently op­ change in name or a rejection of this the RECORD. posed safety measures and who at best nominee. There being no objection, the letter believes in reacting to, rather than Now, my colleague from Missouri was ordered to be printed in the preventing tragic accidents? I know we has said he was approved by the com­ RECORD, as follows: do not, and I therefore urge my col­ mittee. It is true he was approved by July 10, 1986. leagues to join with me in rejecting the committee but on a 9-to-7 vote. DEAR SENATOR: On July 15, the Senate will this nominee. And those who voted against him were determine the future course of consumer Mr. President, I thank my good Senators HOLLINGS, FORD, EXON, GORE, product safety when it considers the nomi­ friend from Illinois for yielding me ROCKEFELLER, PACKWOOD, and KASSE­ nation of Terrence Scanlon as Consumer Product Safety Commission Chair­ time and I yield the floor. BAUM. That is a pretty powerful list of man. We believe that a strong and inde­ Mr. SIMON. Mr. President, I yield people, and I would suggest that my pendent agency is needed to protect con­ myself such time as I may consume. I colleagues look carefully at what we sumers from product hazards and that such want to thank my colleague from Wis­ are doing. an agency needs an equally effective and consin for his leadership, not on this Now, how did I get interested in forceful leader. It is for these reasons that issue but in so many things. He has this? I became interested on an issue we urge you to oppose Mr. Scanlon's nomi­ been a steller Member of this body that my friend from Missouri is famil­ nation. and I am proud to be associated with iar with, too-amusement parks. We After over three years as a CPSC member, including nearly a year as acting Chairman, him. had an accident in the State of Illinois Mr. Scanlon's record on product safety I would ask for the yeas and nays on and all of a sudden I discovered that policy is quite clear. That record leads us to the Scanlon nomination. there was no one inspecting perma­ conclude that he will not direct the agency The PRESIDING OFFICER. Under nent amusement parks in Illinois, nor in such a manner as to carry out the Com­ the previous order, the Senate has al­ in a majority of States in this Nation. mission's statutory mandate. ready established the yeas and nays. In the 1981 tax bill there was some­ Mr. Scanlon has consistently opposed Mr. SIMON. Mr. President, there thing buried, just as I am sure there is CPSC initiatives to remove clearly danger­ a lot buried in this tax bill that we do ous products from the market. He has op­ are two questions that have been ad­ posed efforts to recall poorly designed prod­ dressed by my distinguished colleague not know about right now, there were ucts such as expandable child enclosures from Missouri and my colleague from a couple of lines buried in there that and mesh-sided cribs, arguing that the Com­ Wisconsin. One is the personal integri­ took away from the Consumer Product mission "sidestepped rulemaking altogeth­ ty and reputation of the gentleman, Safety Commission the authority to er," and stating that recalls constitute and the second is whether he is the inspect permanent amusement parks "back-door rulemaking." Yet in these and July 15, 1986 CONGRESSIONAL RECORD-SENATE 16427 similar cases, no alternative proposals for away from programs utilizing scientists and lot more examples than I wrote down rulemaking have ever been forthcoming engineers working on product investigations in my notes. from his office. • and technical solutions. While the CPSC's Let me add a couple of other points. · Instead, Mr. Scanlon has emphasized "vol­ increasingly lean budget requires belt tight­ untary efforts." Amazingly, over one-half of ening, disproportionate reductions in scien­ My colleague from Missouri is in­ the CPSC budget is now spent on voluntary tific and techical research rob the CPSC of volved in reporting a risk retention bill efforts, a proportion which would hardly be the independent research it needs to resolve in the area of liability insurance. necessary if these efforts truly produced in­ the many technical problems with which it There is not one of us in this body dustry cooperation. While some of these at­ is faced. who is not faced with the problem of tempts may be productive at times, this ap­ Again, I think it is clear that he liability insurance. My guess is that proach has frequently allowed manufactur­ ers to engage in delaying tactics which keep should not be a nominee. the Presiding Officer, the Senator unsafe products on the market for far too I have a series of decisions made by from Colorado [Mr. .ARMSTRONG], long. Mr. Scanlon, and I shall not cite all of when he was back in Colorado heard Mr. Scanlon has also participated in a sig­ them. about the problems of liability insur­ nificant shift of agency budget resources The "Today" show on NBC did a ance. I did, in Illinois, and I am sure away from programs utilizing scientists and piece on bunk beds a year ago. Scanlon the Senator from Missouri did, in Mis­ engineers working on product investigations wrote to the reporter, a person named souri. and technical solutions. While the CPSC's Horowitz, saying that he agreed the increasingly lean budget requires belt tight­ One of the ways we can reduce liabil­ ening, disproportionate reductions in scien­ standards were not strong enough and ity in some of these things is to not tific and technical research rob the CPSC of that the Commission was going to do have dangerous things out there. If the independent research it needs to resolve something. But when called, an engi­ you want to cast a vote to reduce li­ the many technical problems with which it neer said they were just meeting over ability insurance, vote against having is faced. and over again with the industry, Terrence Scanlon as chairman of this The CPSC has an important job to do trying to get them to adopt voluntary Commission. That is a fairly clear-cut with extremely limited resources. Over standards. thing we can do. 20,000 people are killed every year, and In 1985, he officially announced that 3,000,000 suffer disabling injuries, in acci­ I would add one other final point, dents involving consumer products. Ameri­ there were no more problems with and this is the point that was made by can consumers cannot afford to have the safety in toys. Shortly afterward, a the Senator from Wisconsin. We are CPSC's scarce resources wasted on drawn­ group of consumer and safety organi­ not talking about the Assistant Secre­ out efforts to "persuade" uncooperative zations announced a list of dangerous tary of Transportation or the Secre­ manufacturers to remove dangerous prod­ toys that were on store shelves. ucts from the market. The Chairman of the During his chairmanship, so far as I tary of Transportation. We are not CPSC must know how to balance all of the have been able to understand-unless talking about the Secretary of Com­ agency's Congressionally-provided powers. there is something later, beyond the merce or the Assistant Secretary of Mr. Scanlon's record shows that he is not date I have here-no consumer warn­ Commerce. We are not talking about inclined to provide that balance. We must an arm of the executive branch. We urge you to vote against his nomination. ings have been published. He was the only member of the are talking about an independent Mr. SIMON. Mr. President, this Commission who voted in favor of dis­ agency that we should be monitoring a letter is signed by Alan Fox, legislative continuing the ban on the dumping of little more closely than we do monitor representative, Consumer Federation executive appointments. of America; Linda Golodner, executive products abroad. There was a resolu­ tion to ban the shipment abroad of D 1530 director, National Consumers League; any products that are ruled not safe in Joan B. Claybrook, president, Public the United States. Why is the person The role of the Senate is to advise Citizen; and Pamela Gilbert, staff at­ who is to become Chairman of the and consent. It is not to rubber stamp. torney, United States Public Interest Commission protecting the American If we believe the Consumer Product Research Group. public? The one person who said it is Safety Commission ought to protect I should like to read four paragraphs OK to ship these things abroad. In his the consumer, then we ought to have from the letter: dissent, he said the United States someone in charge of that Commission After over three years as a CPSC member, should not be "international nan­ who is interested in protecting the including nearly a year as acting Chairman, consumer, fairly simple, fairly Mr. Scanlon's record on product safety nies" -this was his phrase-for the policy is quite clear. That record leads us to rest of the world. straightforward. conclude that he will not direct the agency He was the only member of the There was a bipartisan vote. Seven in such a manner as to carry out the Com­ Commission-and this was one that distinguished members of the Com­ mission's statutory mandate. was cited by my colleague from Wis­ merce Committee voted against his Mr. Scanlon has consistently opposed consin-to oppose pulling back the nomination: Senator HOLLINGS, Sena­ CPSC initiatives to remove clearly danger­ cancer-causing infant pacifiers. tor FoRD, Senator ExoN, Senator ous products from the market. He has op­ posed efforts to recall poorly designed prod­ He voted against the proposed child GORE, Senator ROCKEFELLER, Senator ucts such as expandable child enclosures safety project which would include PACKWOOD, and Senator KASSEBAUM. and mesh-sided cribs, arguing that the Com­ child drownings, poison prevention I hope there will be a majority of mission "sidestepped rulemaking altogeth­ package, and bicycles. this body who will join them and say er,'' and stating that recalls constitute Once again, he went on record op­ to the President, "We want you to "back-door rulemaking." Yet in these and posing the Commission's becoming in­ nominate someone, but we want some­ similar cases, no alternative proposals for volved in amusement rides. With re­ one who really believes in protecting rulemaking have ever been forthcoming from his office. spect to altering vehicles, he has been the consumer." Instead, Mr. Scanlon has emphasized "vol­ on the wrong side of four-wheeled ve­ Mr. Scanlon has a lot of abilities but untary efforts." Amazingly, over one-half of hicles that clearly can cause serious he is flawed as an appointment be­ the CPSC budget is now spent on voluntary damage. cause he clearly has demonstrated he efforts, a proportion which would hardly be He opposed filing a friend of the is not interested in protecting the con­ necessary if these efforts truly produced in­ court brief in support of a decision sumer. dustry cooperation. While some of these at­ that a private product liability suit can Mr. HOLLINGS. Mr. President, I tempts may be productive at times, this ap­ be based on grounds that a company proach has frequently allowed manufactur­ rise in opposition to the confirmation ers to engage in delaying tactics which keep failed to report a potential, substantial of Terrence Scanlon as Chairman of unsafe products on the market for far too product hazard. the Consumer Product Safety Com­ long. I could go on. I have about six more mission CCPSCl. Mr. Scanlon has also participated in a sig­ of these examples, but I think the I believe President Reagan is enti­ nificant shift of agency budget resources record is fairly clear, and there are a tled to a measure of deference in 16428 CONGRESSIONAL RECORD-SENATE July 15, 1986 nominations he submits to the Senate. evidence on the record points to a lack to General Accounting Office investigators However, this position we are discuss­ of judgment on Mr. Scanlon's part. I during an interview about the Inisuse issue ing today is Chairman of an independ­ would urge my colleagues to examine conducted at the request of the Senate ent agency with a vital mandate-to the record, specifically, Mr. Scanlon's Commerce .Committee while Mr. Scanlon's protect the public from unreasonably statements. I have done so and I will nomination was still pending before the dangerous products. This important Committee. vote against confirmation. I continue We wish to advise you that the Depart­ position must be filled by a person to believe the President could have ment's Public Integrity Section has conduct­ with the utmost integrity, and I be­ found a better individual to nominate ed a thorough investigation of the allega­ lieve that the President could have for this post. tions against Mr. Scanlon and as a result of nominated a person better suited for Mr. DOLE. Mr. President, judicial this investigation, we have determined that this leadership position than Mr. nominees are not the only ones the criminal prosecution is not warranted. Ac­ Scanlon. Senate has problems clearing. cordingly, the Department's investigation Mr. President, a brief review of the The nomination of Terrence M. has been closed. controversy surrounding this nominee Scanlon, as Chairman of the Con­ Sincerely, is in order. sumer Product Safety Commission, JOHN R. BOLTON, Mr. Scanlon was nominated by the was forwarded to the Senate more Assistant Attorney GeneraL President on July 3, 1985. The Com­ than 1 year ago, on July 1, 1985. And Mr. DOLE. Mr. President, the find­ merce Committee scheduled a hearing the nomination has been on the Exec­ ings of the Justice Department also on his nomination for September 10, utive Calendar since December 1985. answer any questions that might have 1985. At that hearing, certain charges There is no justification for this kind been left unanswered by the General were made against Mr. Scanlon, one of of delay. Accounting Office. which was that he used Federal em­ At the end of the last session, the The allegations against Mr. Scanlon ployees to do personal work for him. leadership on both sides agreed to of misuse of staff and facilities have After the hearing, Senator DANFORTH hold Mr. Scanlon's nomination until been investigated and reinvestigated and I wrote Mr. Scanlon for his re­ an inquiry initiated by Congressmen for 9 months now, and there has been sponse. He denied the charges. After JOHN DINGELL and HENRY WAXMAN no substantiation of any wrongdoing. further investigation, and further cor­ had been completed by the Justice De­ Mr. President, enough is enough. respondence with Mr. Scanlon, Sena­ partment. The General Accounting This nomination has languished for tor DANFORTH and I asked the General Office CGAOl had already conducted far too long, far longer than is merited Accounting Office CGAOl to do an in­ its own investigation, and reported its by any of the facts. We should ap­ vestigation. The GAO reported back to findings to the Senate Commerce prove the nomination of Terrence the committee on November 20, 1985. Committee, which voted to approve Scanlon to the CPSC without further Twelve of the 16 allegations made Commissioner Scanlon's nomination in delay. against Mr. Scanlon could not be sub­ early December. The PRESIDING OFFICER. Who stantiated by GAO. In two of the four The Justice Department, after more yields time? remaining allegations, an employee's than 6 months work, has finished that Mr. DANFORTH. Mr. President, I refusal to be interviewed precluded investigation. I ask unanimous consent see no other Senator who wishes to GAO from making a determination. to insert into the RECORD a letter from speak at this time, but I believe that Senator DANFORTH and I interviewed Assistant Attorney General John R. there may be other Senators who wish that employee on November 22. Sena­ Bolton informing Senator DANFORTH, to speak. tor DANFORTH and I discussed in detail chairman of the Senate Committee on I suggest the absence of a quorum the allegation made about Mr. Scan­ Commerce, Science, and Transporta­ and ask unanimous consent that it be lon's use of Commission staff and fa­ tion, that as a result of that investiga­ charged equally to each side. cilities for non-Commission activities, tion it was determined criminal pros­ The PRESIDING OFFICER. Is specifically tasks of a personal or pri­ ecution against Mr. Scanlon was not there objection? vate nature this employee had per­ warranted. Mr. SIMON. No objection. formed for Mr. Scanlon. This employ­ There being no objection, the letter The PRESIDING OFFICER. With­ ee later shared with committee staff was ordered to be printed in the out objection, it is so ordered. documentary evidence of 52 tasks per­ RECORD, as follows: The clerk will call the roll. formed from May 1983 to July 1985. U.S. DEPARTMENT OF JUSTICE, The bill clerk proceeded to call the Because of Mr. Scanlon's earlier denial OFFICE OF THE ASSISTANT roll. to the committee and to the GAO of ATTORNEY GENERAL, use of Government resources for per­ Washington, DC, June 17, 1986. D 1550 sonal matters, we wrote to Mr. Scan­ Hon. JOHN c. DANFORTH, Mr. INOUYE. Mr. President, I ask Chairman, Committee on Commerce, Sci­ lon on December 4 asking for his re­ ence, and Transportation, U.S. Senate, unanimous consent that the order for sponse. Mr. Scanlon responded on De­ Washington, DC. the quorum call be rescinded. cember 5 saying: DEAR MR. CHAIRMAN: This letter is in ref. The PRESIDING OFFICER. With­ My best recollection is that, over .the 3· erence to Terrence M. Scanlon, whose nomi­ out objection, it is so ordered. year period I have served at the Commis­ nation for Chairman of the Consumer Prod­ Mr. INOUYE. Mr. President, much sion, this employee did type or copy a per­ uct Safety Commission C"CPSC") is pending time and many hours have been spent sonal letter or document for me on occasion. before the United Sates Senate. on this nomination. And we have in­ This was Mr. Scanlon's first admis­ As you are aware, during consideration of vestigated Mr. Scanlon exhaustively. Mr. Scanlon's nomination by the Senate sion on this charge and was in contra­ Commerce Committee, the Department of In fact, we have spent 18 months in­ dition of his statement made to GAO Justice was requested by The Honorable vestigating Mr. Scanlon-the Senate under oath. Congressmen DINGELL and John D. Dingell, Chairman of the House Commerce Committee, GAO, the Jus­ WAXMAN then asked the Justice De­ Committee on Energy and Commerce, and tice Department, and the grand jury. partment to conduct an investigation The Honorable Henry A. Waxman, Chair­ Mr. President, we have spent more to assess whether any laws of the man of the House Subcommittee on Health time investigating Terrence Scanlon United States had been violated. and the Environment, to conduct a criminal than the Director of the CIA. And I investigation into allegations that Mr. Scan­ On June 17, 1986, the Justice De­ lon had misused government personnel and believe the Director of the CIA is a bit partment reported back that, "we facilities for personal business while serving more important than the Chairman of have determined that criminal pros­ as a Commissioner at the CPSC. The Mem­ this Product Saftey Commission. ecution is not warranted." Despite the bers also requested that the Department in­ I do not believe that the cause of fact that the Department of Justice vestigate whether Mr. Scanlon may have consumer safety is served by further decided not to prosecute, I believe the cominitted perjury or made false statements delay on this nomination. I think we Ju.ly 15, 1986 CONGRESSIONAL RECORD-SENATE 16429 have put this Commission on notice as had operated throughout his career in DANFORTH, in urging my colleagues to to how this Senate feels about its im­ accordance with the basic standards support the nomination of Terrence portance, and I think it is time that that we expect of Government offi­ M. Scanlon to be Chairman of the the Commission get its permanent cials. Charges were made that he Consumer Product Safety Commis­ Chairman. abused his office. It may be a techni­ sion. I further believe, Mr. President, that cal abuse to ask your secretary to With his confirmation as a Commis­ rejection of Mr. Scanlon, after all of Xerox a piece of paper every now and sioner of the Consumer Product these investigation none of which then. But I think all of us who operate Safety Commission in 1983, Terry have demonstrated any grounds for re­ in the normal course of affairs realize Scanlon brought a unique and much jection, would discourage well-quali­ that it is a rule of reason that we re­ needed viewpoint to the CPSC. Be­ fied people from serving in other Gov­ quire. For that reason, I was particu­ cause of his experience with the Small ernment positions. I think many are larly impressed by the comments of Business Administration, and the Mi­ now coming to the conclusion that the Senator from Illinois who has nority Business Development Agency, Government service is not worth the strongly opposed the Scanlon nomina­ he has a special appreciation for the trouble. tion but not opposed it on the basis of problems encountered by small busi­ Mr. President, it should be noted personal intergity, and has not sought nesses. First, as a Commissioner, and that I have not agreed with Mr. Scan­ to attack the reputation of this indi­ later as the Chairman of the CPSC, lon on everything. Ideologically we are vidual. Terry Scanlon has taken steps to on the opposite ends of the spectrum. So I believe that the time has come ensure that small businesses and con­ Many of his personal views are not my to get on with this. This man has been sumers, many of whom cannot come to views. But I think these studies and in­ put through the wringer for about 1 % Washington, DC, to meet with Gov­ vestigations have clearly shown that years now. He has been put through ernment officials, have an effective his integrity is still untarnished. He is the wringer, and I agree with the Sen­ voice in consumer product regulation. basically a very honest person. ator from Hawaii: We want good I hope the Senate will vote as soon For example, he has worked to ensure people to serve in public office. We that the CPSC's many field offices as we can up or down. I know we cannot put them in positions where should be voting in about an hour. I which he has called the eyes and the for extended periods of time their rep­ ears of the agency continue to receive gather no one else is wanting to speak. utations are put to question. Would it be possible to have a vote Mr. SIMON. Will my colleague the resources necessary to address and taken? yield? I thank him for his comments, then to respond to concerns expressed Mr. DANFORTH. I think there is and again it is not the integrity of the by consumers and small businessmen. one other Senator who may or may gentleman that is at question. The During his tenure, in fact, four new not wish to speak on the Scanlon nom­ question is whether the person who is CPSC field offices were opened. Also ination. We are trying to make contact in charge of this office ought to be in­ during 1985, the CPSC, under Chair­ with him right now. But as far as I am terested in protecting consumers, and man Scanlon, adopted measures to concerned, the sooner the better. the reality is that he has not been as ensure that its rulemaking proceeding Mr. INOUYE. Mr. President, after careful as he should be. I have just regarding all-t~rrain vehicles would 18 months I think I have said enough. been handed an illustration of that. have the benefit of input from ATV Mr. DANFORTH. Mr. President, I Both Senator INOUYE and Senator sellers and users around the country. would like to thank the Senator from DANFORTH will be interested in this, The Commission held five public hear­ Hawaii for his comments. I think he and my colleagues in the Senate will ings regarding ATV's outside of Wash­ has hit the nail on the head. I am sure be interested in this. For the last 30 ington, DC, at which testimony was re­ that there are a lot of people in the minutes this news release has been up ceived from many individuals who Senate who for one reason or another in the Senate gallery. It is from the would not otherwise have had an op­ would disagree with Mr. Scanlon on U.S. Consumer Product Safety Com­ portunity to express their views. one issue or another. He has, for ex­ mission. Under Terry Scanlon, the CPSC also appointed its first full-time coordina­ ample, been deeply involved in his Terrence M. Scanlon, 47, who received a church, and he has been deeply in­ recess appointment December 1984 from tor of State and local programs. The volved in the prolife, antiabortion President Reagan as Chairman of the Con­ coordinator is responsible for increas­ movement. His philosophy of regula­ sumer Product Safety Commission, was ing cooperation between the CPSC tion, I am sure, is different from those today formally confirmed as head of the and State and local consumer protec­ of many Senators. five-member agency by the U.S. Senate. tion agencies and consumer activists. Normally when we vote on a confir­ That is a slightly premature press Such coordination, I believe, can and mation issue, we do not vote on mat­ release. It refers to the sensational will reduce the regulatory burden that ters of personal belief, and normally and baseless charges which previously might otherwise crush many small when we vote on a confirmation we do have been thoroughly investigated by businesses. not vote on a person's philosophy of the General Accounting Office, and so government. If the President wants to forth. It sounds as though the debate D 1600 nominate an individual usually we go was on his personal integrity. The re­ As chairman of the Senate subcom­ along with him. But the problem with ality is that is not the issue, as all mittee with oversight jurisdiction over this particular nomination is that in three of us have just acknowledged. the Consumer Product Safety Com­ the Senate Commerce Committee very The question is, Should we have mission and as a primary sponsor of serious charges were made against Mr. somebody in charge of the Consumer the 1981 Amendments to the Con­ Scanlon. They were made against his Product Safety Commission who really sumer Product Safety Act, I have fol­ integrity, his reputation, and these wants to protect the consumer? My lowed with great interest, the CPSC's charges were very earefully evaluated strong conclusion is that we should. implementation of these 1981 amend­ by the committee, by the committee I thank my colleague from Missouri ments. In part, these amendments staff, by the General Accounting for yielding. called for the CPSC to place greater Office, and ultimately by the Justice Mr. DANFORTH. Mr. President, I emphasis on voluntary industry Department. yield such time as the Senator from action. In order to carry out Congress' The upshot of this elaborate inquiry Wisconsin requires. intent, Commissioner Scanlon, as was my belief, the belief of the Justice Mr. KASTEN. Mr. President, I Chairman, appointed the Commis­ Department, and the belief of the ma­ thank the Senator. sion's first voluntary standards coordi­ jority of the members of the Com­ Mr. President, I wish to join with nator. In addition, he supported volun­ merce Committee that Mr. Scanlon the Senator from Missouri, Senator tary standards in place of mandatory 16430 CONGRESSIONAL RECORD-SENATE July 15, 1986 Government action wherever appro­ whether it is the Senate that makes This should not be seen as some sort priate. During 1985, the CPSC was in­ the error or whether it was Mr. Scan­ of anachronism. Certainly, it was not volved in 56 voluntary standards lon who made the error. seen as one back in 1979 when the projects. As a result of his effort, Com­ Senate first considered SALT II. At missioner Scanlon has demonstrated that time, approval of the treaty was that the regulation of consumer prod­ TO DISCHARGE COMMITTEE so doubtful President Carter consid­ ucts need not be adversarial or puni­ FROM CONSIDERATION OF EX­ ered making the treaty into an Execu­ tive. He has shown that, by working ECUTIVE Y, 96-1 tive agreement. cooperatively with manufacturers and Mr. DANFORTH. Mr. President, I This tactic, however, was strongly retailers, it is possible to keep danger­ yield such time as he requires to the opposed by the Senate leadership as ous products out of the marketplace Senator from Indiana. inappropriate and rightly so. The au­ without incurring the kinds of ex­ The PRESIDING OFFICER on or about January 1, 1987, the Presi­ ing on-Panama Canal authorization, loss and human suffering; dent shall transmit to the Congress a report CFI'C authorization. That is one that, Whereas the unanticipated, destructive, on progress made in implementing the Na­ as I understand, is time-sensitive. and hazardous occurrence of small-scale tional STORM Program: And be it further Plus, in a meeting today with the weather disturbances disrupt the economy Resolved, That the administration shall Secretary of State, there are at least through serious impacts on transportation, place a high priority upon reinstating the four nominations that have been held agriculture, and industry, and result in a two GOES satellite system at the earliest for some time-I guess three on the staggering average annual economic loss of opportunity; shall compensate for the ab­ $20,000,000,000 and an average annual loss sence of a second GOES satellite and the calendar. One is in committee and may of life approaching one thousand; be reported out later this week. He present diminished satellite capability to Whereas the Congress finds that recent forecast hurricanes, by taking such actions would like very much for us to move advances in atmospheric science and related as increasing hurricane reconnaissance those nominations: Mr. Corr, who has technology make it possible to improve the flights; and shall undertake an immediate been on the calendar for a long time, protection of the public and increase the analysis of the steps necessary to enhance being denied a promotion; Mr. productivity of the Nation's economy the prospects of maintaining a two GOES Abramowitz to be Assistant Secretary through modernization of the Nation's system. weather services over the next decade by for Intelligence; and Mr. Malone, to be improving observation and prediction of Mr. DOLE. I move to reconsider the Ambassador to Belize. Those have storm-scale weather phenomena such as vote by which the concurrent resolu­ been pending for some time and one squall lines, thunderstorms, tornadoes, flash tion was agreed to. may be re. .,urted out of committee. floods, freezing rain, and dense fog; Mr. BYRD. I move to lay that That is about all we are going to be Whereas an increased capability in storm­ motion on the table. able to accomplish today. scale weather prediction and services for the people of the United States will require im­ The motion to lay on the table was plementation of observation, data collec­ agreed to. THE CALENDAR tion, processing, and dissemination technol­ e Mr. HOLLINGS. Mr. President, Mr. DOLE. Mr. President, I under­ ogy and an associated research effort aimed Senate Concurrent Resolution 137- at the development of improved forecasting the STORM resolution-aims at help­ stand that there are a number of procedures and field programs to acquire minor matters that we can dispose of. ing Americans safeguard their lives the necessary data to test procedures and and property from the effects of vio­ I ask the distinguished minority leader technology; if he is in a position to pass the follow­ Whereas there is a widespread consensus lent weather. The resolution calls for ing calendar items: No. 704, No. 706, in the scientific community that recent de­ a comprehensive program of oper­ No. 707, No. 710, No. 711, and No. 712. velopments in technology and scientific un­ ations and research to bring about Mr. BYRD. Mr. President, all items derstanding of storm-scale weather phenom­ major improvements in the forecast­ identified by the distinguished majori­ ena make it timely to undertake a National ing and warning of tornadoes, flash ty leader have been cleared by all Storm-Scale Operational and Research Me­ floods, hail storms, and other severe Members on this side of the aisle and teorology Program which can storms that occur in a localized area. yield the desired improvements over the The resolution also calls for prompt we are ready to proceed with consider­ next decade in the Nation's weather serv­ ation thereof. ices; administration response to compen­ Mr. DOLE. I thank the distin­ Whereas the Federal Government is cur­ sate for its diminished capability to guished minority leader. rently pursuing plans to modernize the Na­ forecast hurricanes and other large­ tion's operational weather capability by im­ scale disturbances as a result of the plementing new technology such as next May 3 loss of NOAA's GOES-7 weath­ EXPRESSION OF SUPPORT FOR generation radar CNEXRAD>. the next gen­ er satellite. THE NATIONAL STORM PRO­ eration of geostationary operational envi­ Few of us would disagree about the GRAM ronment satellite and continuing the two polar satellite system; importance of weather services when The Senate proceeded to consider Whereas significant improvements in it comes to storms like these. As you the concurrent resolution ; damage in Spartanburg from torna­ has provided scientific and technological Whereas that agreement provides for both does spawned by Hurricane Danny, benefits affecting many areas of concern to "family reunion and humanitarian cases" to but we were lucky not to have been mankind; depart Vietnam through the Departure Pro­ hurt worse. Six hurricanes and two Whereas the United States space pro­ gram and for the Government of Vietnam tropical storms came ashore along the gram, through Project Apollo, Viking and to provide the United Nati0ns High Com­ Atlantic and gulf coasts last season, Voyager missions to the planets, the space missioner for Refugees and the receiving shuttle, and other space efforts, has provid­ countries with every facility to implement causing $3.5 billion in damage and nu­ ed the Nation with scientific and technologi­ the Departure Program; merous deaths. cal leadership in space; Whereas the President, in consultation I urge my colleagues to join with me Whereas the National Aeronautics and with the Congress, proposed in September in support of this measure.e Space Administration, the United States 1984, and reaffirmed in September 1985,

71--059 0-87-2 (Pt. 12) 16436 CONGRESSIONAL RECORD-SENATE July 15, 1986 that the United States was prepared to re­ SENSE OF THE CONGRESS RE­ property may be located at the time of ceive (1) persons of special humanitarian GARDING THE CONTINUED EX­ his death. American probate law ex­ concern from Vietnam, in particular the "re­ ISTENCE OF THE BERLIN WALL perts participated actively in the pre­ education camp" prisoners, thousands of The concurrent resolution CH. Con. paratory studies for the Convention whom remain imprisoned because of their which was adopted at a past associations with United States pro­ Res. 326) expressing the sense of the diplomati~ grams and policies in the region or with the Congress that the existence of the conference hosted by the United former Government of the Republic of Viet­ Berlin Wall after 25 years is a visible States at Washington in 1973. Ratifi­ nam; and <2> the Amerasian children and indictment of the Communist system cation of the Convention by the their mothers and other close relatives re­ and that the continued vitality of the United States has been recommended maining in Vietnam; Western sectors of the city is a testa­ by the American College of Probate Whereas the United States and other con­ ment to the Berliners' courage and de­ Counsel and the American Bar Asso­ cerned governments have earnestly sought votion to freedom, was considered, and ciation, as well as by the Secretary of improvements in the operation of the De­ agreed to. State's Advisory Committee on Private parture Program at meetings organized by The preamble was agreed to. International Law, on which leading the United Nations High Commissioner for Mr. DOLE. I move to reconsider the legal organizations are represented. Refugees with representatives of the Social­ vote by which the House concurrent Countries ratifying or acceding to ist Republic of Vietnam; and resolution was agreed to. the Convention are required to intro­ Whereas the authorities of the Socialist Mr: duce into their domestic law the rules Republic of Vietnam on January 1, 1986, BYRD. I move to lay that suspended the interviewing and processing motion on the table. regarding an international will that of all applicants in Vietnam for resettle­ The motion to lay on the table was are set forth in an annex to the Con­ ment in the United States, thus threatening agreed to. vention. To give full effect to the Con­ to interrupt the flow of departures from vention in the United States, imple­ Vietnam by those found eligible for admis­ REMOVAL OF INJUNCTION OF menting legislation will be required at sion to the United States as refugees or im­ SECRECY-TREATY DOCUMENT the Federal level. Legislation will also migrants: Now, therefore, be it NO. 99-29 be required in those States of the Resolved by the Senate (the House of Rep­ Mr. DOLE. Mr. President, as in exec­ United States that wish to make it resentatives concurring), That the Congress utive session, possible for testators to execute inter­ hereby calls upon the Government of the I ask unanimous consent that the in­ national wills in their jurisdiction. The Socialist Republic of Vietnam- distinctions between the two types of <1 >to permit the immediate resumption of junction of secrecy be removed from a Convention Providing a Uniform Law legislation are described in the accom­ interviewing and processing of applicants in panying report from the Department Vietnam who have received preliminary ap­ on the Form of an International Will to permit the orderly departure of "re­ time; that it be referred, with accom­ that many more States will do so once education camp" prisoners, Amerasian chil­ panying papers, to the Committee on ratification is assured. The United dren, and other persons of special humani­ Foreign Relations and ordered to be States instrument of ratification of tarian concern to the United States. printed; and that the President's mes­ the Convention will be deposited only Mr. DOLE. I move to reconsider the sage be printed in the RECORD. after the necessary Federal legislation vote by which the concurrent resolu­ The PRESIDING OFFICER. With­ is enacted. tion was agreed to. out objection, it is so ordered. I recommend that the Senate give Mr. BYRD. I move to lay that The message of the President is as early and favorable consideration to follows: the Convention and give its advice and motion on the table. consent to ratification. The motion to lay on the table was To the Senate of the United States: RONALD REAGAN. agreed to. I transmit herewith, for the advice THE WHITE HOUSE, July 2, 1986. and consent of the Senate to ratifica­ tion, the Convention Providing a Uni­ form Law on the Form of an Interna­ MESSAGES FROM THE COMMENDING THE PEOPLE OF tional Will. I also transmit for the in­ PRESIDENT formation of the Senate the report of BERLIN FOR THEIR COM­ Messages from the President of the MEMORATION OF THE 1936 the Department of State with respect to this Convention. United States were communicated to OLYMPIC VICTORIES OF JESSE the Senate by Mr. Saunders, one of his OWENS The purpose of the Convention is to enable testators to make wills in a secretaries. The concurrent resolution CH. Con. form that will be self-providing in all Res. 325 > to commend the government countries where the Convention is in EXECUTIVE MESSAGES and people of Berlin for keeping alive force. The Convention does not abol­ REFERRED the spirit of equality, freedom, and ish or modify existing laws on testa­ human dignity through their solemn mentary succession, nor does it at­ As in executive session, the Presid­ tempt to unify the formal require­ ing Officer laid before the Senate mes­ commemoration of the 50th anniversa­ sages from the President of the United ry of Jesse Owens' victories at the ments for executing a will that already exist in the various systems of nation­ States submitting sundry nominations 1936 Berlin Olympic games, was con­ which were referred to the appropri­ sidered, and agreed to. al law. Rather, it provides, alongside and in addition to the traditional ate committees. The preamble was agreed to. resolution was agreed to. sons and goods, there has been a grow­ Mr. BYRD. I move to lay that ing awareness of the need for a form motion on the table. of will that will be widely accepted, re­ PRESIDENTIAL APPROVALS The motion to lay on the table was gardless of where the testator may be A message from the President of the agreed to. domiciled or residing or where his United States announced that he had July 15, 1986 CONGRESSIONAL RECORD-SENATE 16437 approved and signed the following S. 2641. An original bill to authorize cer­ States Citizens within the Department bills and joint resolutions: tain construction at military installations of Justice; to the Committee on the for fiscal year 1987, and for other purposes. Judiciary. On June 30, 1986: By Mr. WARNER, from the Committee S. 1106. An act to provide for the use and on Armed Services, without amendments. OFFICE FOR THE INVESTIGATION AND PROSECU­ distribution of funds appropriated in satis­ S. 2642. An original bill to authorize ap­ TION OF TERRORIST OFFENSES AGAINST faction of judgments awarded to the Sagi­ propriations for the Department of Energy UNITED STATES CITIZENS naw Chippewa Tribe of Michigan in dockets for national security programs for fiscal e Mr. LAUTENBERG. Mr. President, numbered 57, 59, and 13E of the Indian year 1987, and for other purposes. Claims Commission and docket numbered I rise to introduce legislation to create 13F of the U.S. Claims Court, and for other a special office within the Justice De­ purposes. INTRODUCTION OF BILLS AND partment for the investigation and S.J. Res. 346. Joint resolution to designate JOINT RESOLUTIONS prosecution of terrorist crimes com­ June 21, 1986, as "National Save American mitted against American citizens or Industry and Jobs Day." The following bills and joint resolu­ tions were introduced, read the first American-owned entities in violation On July 2, 1986: of American law. S.J. Res. 290. Joint resolution to designate and second time by unanimous con­ July 4, 1986, as "National Immigrants Day." sent, and referred as indicated: Terrorism is emerging as the scourge S.J. Res. 365. Joint resolution welcoming By Mr. LAUTENBERG: of the 1980's. With Americans increas­ the Afghan Alliance. S. 2640. A bill to establish an Office for ingly victimized by terror, the search On July 3, 1986: the Investigation and Prosecution of Terror­ for an adequate response intensifies. S.J. Res. 188. Joint resolution to designate ist Offenses Against United States Citizens No single strategy can wipe terrorism July 6, 1986, "National Air Traffic Control within the Department of Justice; to the from the face of this Earth. However, Day."" Committee on the Judiciary. By Mr. THURMOND, from the Com­ vigorous legal pursuit of terrorists S.J. Res. 350. Joint resolution to designate must be part of our strategy to combat 1987 as the !'National Year of the Ameri­ mittee on Armed Services: cans." S. 2641. An original bill to authorize cer­ terrorism. On July 8, 1986: tain construction at military installations There are many laws now on the S. 1625. An act to permit the use and leas­ for fiscal year 1987, and for other purposes; books that can be used to prosecute ing of certain public lands in Nevada by the placed on the calendar. terrorists. But they are useless if we University of Nevada. By Mr. WARNER, from the Commit­ lack the will and the resources to use S. 2180. An act to authorize appropria­ tee on Armed Services: S. 2642. An original bill to authorize ap­ them. One way to demonstrate our tions for activities under the Federal Fire propriations for the Department of Energy continuing, serious committment to Prevention and Control Act of 197 4. arrest, indict and apprehend terrorists S. 2414. An act to amend title 18, United for national security programs for fiscal States Code. year 1987, and for other purposes; placed on is to create a new office within the the calendar. Criminal Division of the Justice De­ By Mr. HEINZ (for himself, Mr. SPEC­ partment for the investigation and TER, and Mr. SIMON): MESSAGES FROM THE HOUSE S. 2643. A bill to amend title 23, United prosecution of terrorist crimes against At 2:12 p.m., a message from the States Code, to improve the program for re­ Americans. House of Representatives, delivered by surfacing, restoring, rehabilitating, and re­ Why is such an office necessary? A constructing Interstate highways; to the centralized office would consolidate Mr.- Berry, one of its reading clerks, Committee on Environment and Public the expertise and energy now dis­ announced that the House has passed Works. persed among various law agencies, the following bill, in which it requests By Mr. MOYNIHAN: such as U.S. attorneys' offices. For the concurrence of the Senate: S. 2644. A bill to amend title XIX of the those agencies now handling these H.R. 4650. An act to make grants available Social Security Act to provide that the Fed­ for youth suicide prevention programs. eral medical assistance percentage shall be matters, this type of prosecution is 100 percent with respect to amounts ex­ neither their primary responsibility, The message also announced that pended as medical assistance for illegal nor one in which they necessarily have the House has agreed to the following aliens; to the Committee on Finance. expertise. Creating a specialized office resolution: charged solely with this responsibility H.R. 491. A resolution relative to the SUBMISSION OF CONCURRENT would end that situation. death of the Honorable John P. East, late a AND SENATE RESOLUTIONS This office could do for the investi­ Senator from the State of North Carolina. gation and prosecution of terrorists The message further announced The following concurrent resolutions what the Justice Department's Office that pursuant to the provisions of sec­ and Senate resolutions were read, and of Special Investigations did for the tion 4 of Public Law 98-399, as referred AUTHORITY.-In carrying out its re­ When the Justice Department re­ Armed Forces, State and local police, sponsibilities, the Office shall have the au­ cently declined to seek a criminal in­ and other appropriate intelligence and thority to- (1) investigate and prosecute Federal ter­ dictment for PLO leader Yasser Arafat security agencies. However, when ap­ rorist offenses committed against United for his role in the 1973 kidnaping and propriate, the new Justice Department States citizens or American-owned entities; brutal murders of two American diplo­ office would share information in the (2) apply Federal laws which in its judg­ mats, it used lack of resources as one possession of these other agencies, ment might improve and expand the reach excuse for not making a full search for since those accused of committing ter­ of the United States Government over ter­ evidence of his complicity. It ex­ rorist crimes are often suspected of rorist crimes, including- plained that the Justice Department planning future ones. the Racketeer Influenced and Corrupt needed to use its precious resources to It is time to put money where our Organizations Act; and pursue investigations of other terrorist mouth is and invest in a long-term any other provision of law which pro­ legal strategy against terror. We vides jurisdiction to prosecute in the United attacks. Surely a special office devoted States those persons who commit acts of to nothing but investigations of terror­ should use the law to prosecute those terrorism against United States citizens ist incidents would improve this situa­ who operate outside its bounds. And abroad; tion. we should make certain that for ter­ (3) recommend and draft for the Attorney The office would work in the fallow­ rorists, crime doesn't pay. Establishing General and Congress proposed legislation ing way. It would be composed of pros­ this special office inside the Justice which might improve and expand the Juris­ ecuting attorneys, paralegals, criminal Department would be a significant diction of the United States over terrorist investigators, social scientists such as first step toward those goals. activity directed against United States citi­ Mr. President, I ask unanimous con­ zens and their property; experts on the Middle East, and a sup­ sent that a copy of the bill appear ill <4> share intelligence and otherwise coop­ port staff. The director of the office the RECORD following my remarks. erate with foreign law enforcement agencies would be a lawyer, in accordance with There being no objection, the bill which are engaged in the investigation and the standard Justice Department prosecution of terrorists (including those ac­ was ordered to be printed in the cused of committing crimes against United policy that prosecuting agencies RECORD, as follows: should be led by prosecuting attor­ States citizens>; and s. 2640 <5> process the requests of foreign govern­ neys. ments for the extradition of alleged terror­ It Be it enacted by the Senate and House of would be responsible for all cur­ Representatives of the United States of ist offenders who allegedly reside in the rent antiterrorist law enforcement ac­ America in Congress assembled, United States and initiate requests to for­ tivities undertaken by the Federal SECTION I. SHORT TITLE. eign governments for the extradition of al­ Government. It would investigate and This Act may be cited as the "Office for leged terrorist offenders in hiding abroad prosecute terrorist crimes committed the Investigation and Prosecution of Terror­ who are accused of crimes against United against American citizens or Ameri­ ist Offenses Against United States Citizens States citizens. can-owned entities in violation of Act". SEC. 5. COOPERATION BETWEEN OFFICE AND American law, whether committed do­ SEC. 2. FINDINGS. OTHER AGENCIES. mestically or extraterritorially, to the The Congress finds that a special office Each agency and department of the Fed­ extent permitted by Federal law. And within the Department of Justice for the in­ eral Government responsible for the preven­ vestigation and prosecution of terrorist of­ tion of terrorism shall cooperate with the it would assume responsibility for ex­ fenses committed agaisnt United States citi­ Office in the investigfi.tion and prosecution isting investigations of past terrorist zens would- of terrorist offenses committed against crimes. <1) consolidate the expertise and energy United States citizens. Such cooperation The new office would have the au­ now dispersed among various law enforce­ shall include the sharing of information. thority to apply Federal laws which, in ment agencies ; and S. 2643. A bill to amend title 23, proposed legislation which might im­ (3) be more amenable to executive and leg­ United States Code, to improve the prove and expand the jurisdiction of islative oversight than the current dispersed program for resurfacing, restoring, re­ the United States over terrorist activi­ state of anti-terrorist law enforcement activ­ habilitating, and reconstructing inter­ ty directed against Americans and ity. state highways; to the Committee on SEC. 3. ESTABLISHMENT OF THE OFFICE. Environment and Public Works. their property. And the office would There is hereby established an Office for share intelligence and otherwise coop­ the Investigation and Prosecution of Terror­ INTERSTATE HIGH\VAY RESURFACING, RESTORA­ erate with foreign law enforcement ist Offenses Against United States Citizens TION, REHABILITATION, AND RECONSTRUCTION agencies engaged in the investigation Paragraph (3) of section 118(b) lapse, for 4 years, the discretionary Interstate System will require substan­ of title 23, United States Code, is amended program has not received any funds. tial capital investment in order to to read as follows: "C3> Any funds apportioned to the This bill would activate the discre­ maintain serviceability. The total States for the Interstate System under sec­ tionary program by setting aside $300 dollar amount needed to eliminate all tion 104(b)C5> shall continue to be avail­ million from each year's Interstate 4R 4R deficiencies through 2000 is ap­ able for expenditure in that State during formula authorization to be placed proximately $300 billion. According to the fiscal year succeeding the fiscal year for into the 4R discretionary fund. Addi­ the Federal Highway Administration's which such funds are authorized to be ap­ tional funds would be provided by re­ report, "The Status of the Nation's propriated. ducing the availability period before Highways: Condition and Perform­ "CB) Funds apportioned under section lapse for regular Interstate 4R appor­ ance," as of December 31, 1983, almost 104(b)(5)(B) which are not obligated before the close of the fiscal year succeeding the tionments from the present 4 years to 30 percent of the Interstate System fiscal year for which such funds are author­ 3 years. was "barely tolerable for high-speed ized to be appropriated, and funds set aside Mr. President, I would emphasize traffic." Clearly, States need alterna­ under subsection <2>, shall be made avail­ that providing funds for the 4R Dis­ tive methods to fund 4R needs. By able by the Secretary to States which cretionary Program would require no providing a steady and predictable submit an application to the Secretary for additional Federal spending. Rather, it source of funds for the 4R discretion­ projects which resurface, restore, rehabili­ would redistribute approximately 10 ary program, this legislation provides tate, or reconstruct the Interstate System. percent of the 4R moneys that are just such an alternative method. Any funds made available by the Secretary to a State under this subparagraph shall currently distributed by formula for The groundwork for this discretion­ remain available until expended. priority projects across the Nation. ary program was laid in 1982 when the "CC> The Secretary may make funds avail­ Therefore, it would provide the means Congress established a similar mecha­ able to a State under subparagraph only by which we can target our scarce Fed­ nism for the redistribution of unspent if the Secretary determines that the State is eral highway money more efficiently interstate construction funds. The willing and able to- and effectively, eliminating any possi­ Interstate Construction Discretionary "(i) obligate the funds within the 1-year bility of waste. Program now receives an annual ap­ period beginning on the date on which the In my State of Pennsylvania, inter­ propriation of $300 million. funds are to be made available to the State state restoration requirements are cur­ For the purpose of redistributing under subparagraph CB), "(ii) apply the funds to a ready-to-com­ rently $800 million. In addition, the funds under the 4R Discretionary Pro­ mence project, and Interstate System in Pennsylvania is gram, this bill would provide criteria "(iii) in the case of construction work, wearing out at a rate of 80 miles per similar to those used in the Interstate begin work within the 90-day period begin­ day, which means that restoration re­ Construction Discretionary Program. ning on the date on which the funds are ob­ quirements are accruing at a rate of First, the State applying for discre­ ligated. $120 million per year. By 1990, total tionary funds must certify that it can "CD> In determining the projects for interstate restoration requirements exhaust those funds within 1 year which funds will be made available under subparagraph , the Secretary shall give will be in excess of $1.4 billion. Federal from the date they are made available. priority consideration to projects- and State funds that will be available Second, the State must apply the " which cost more than $10,000,000 through 1990 for Pennsylvania's inter­ funds to a project upon which con­ each, and state restoration are expected to be, at struction work may begin within 90 "(ii) which involve- most, $600 million, leaving a gap of days of obligation. Finally, in making "(!) highways in large urban areas with a $800 million. awards under the program, the Secre­ high volume of traffic, or The main reason for this gap is that tary must give priority to those " Subparagraph of section which have major reconstruction million and which would involve work 104Cb)(5) of title 23, United States Code, is needs that cannot be met solely with on highways in large urban areas with amended by inserting "(after deducting the its share of funds in the formula 4R a high volume of traffic or on high­ set-aside required under section 118Cc)(2))" program. For example, Interstate 80 ways in rural areas with a high volume after "reconstructing the Interstate alone requires an annual investment of truck traffic. I would add that these System". 16440 CONGRESSIONAL RECORD-SENATE July 15, 1986 <2> Subsection Cc> of section 118 of title 23, the other in raw competition for dol­ gram in the interstate construction United States Code, is amended- lars, regardless of need. area; this legislation is modeled after CA> by striking out "Before" and inserting Instead of insisting on a formula in lieu thereof "Cl) Before", and that program. CB> by adding at the end thereof the fol­ change, we propose here today a pain­ My State of Pennsylvania will re­ lowing new paragraph: stakenly crafted alternative which quire nearly $1 billion worth of repair "C2> Before any apportionment is made makes important strides toward work on its 1,500 miles of Interstate under section 104Cb>C5>CB> for a fiscal year achieving objectives every State Highway over the next 3 to 4 years, beginning after September 30, 1986, the Sec­ shares. First, any proposal must in­ perhaps the life of the reauthorization retary shall set aside $300,000,000. Such crease the efficiency of I-4R expendi­ bill now pending before the Senate amount shall be available for obligation by tures. The money distributed to each Committee on Environment and the Secretary under subsection Cb>C3)CB).''. State should be spent on the most de­ Subsection Ca> of section 119 of title Public Works. But the current funding 23, United States Code, is amended- serving projects as quickly as possible. formula, at best, would provide my by striking out "designated before the Second, any proposal must be within State with approximately one-third date of enactment of this sentence under our means-that is, the trust fund the amount required. The necessary section 139 Ca> and Cb> of this title" and in­ must be cushioned to withstand any restoration of I-80 added to the recon­ serting in lieu thereof "designated under additional demand on its coffers. The struction of the Schuylkill Express­ subsection and Cb> of section 139 before Interstate Highway Resurfacing, Res­ way, I-76, in Philadelphia would ex­ the date of enactment of the Interstate toration, Rehabilitation, and Recon­ Highway Resurfacing, Restoration, Reha­ struction Act of 1986 satisfies these haust the available funding. It there­ bilitation, and Reconstruction Act of 1986", objectives. ! ore is crucial that those Federal and funds that lay dormant be put to con­ CB> by insertir:.IS· "or shall be made avail­ The act would give the Secretary of Transportation discretion to channel structive use immediately. able under section 118<3><5>CB> of this title". those I-4R funds which States cannot <2> Section 139 of title 23, United States spend within 2 years after they are al­ this bill represents a thoughtful and Code, is amended- located. The idea of reprogramming I- fair solution to the problems inherent by striking out "funds available to it 4R funds which are not spent during in the Nation's approach to preserving under sections 104 and 104<5> of the statutory period is not new; Con­ our investment in the Interstate High­ this title" in the last sentence of subsection gress authorized such a reallocation way System. Granted, this discretion­ and in the fourth sentence of subsection ary program does not pretend to place and inserting in lieu thereof "funds ap­ mechanism with passage of the Sur­ portioned to the State under paragraphs <1> face Transportation Assistance Act of the entire Interstate System in good and <5> of section 104. and funds made 1982. Although the 1982 act allowed 4 repair; only a massive increase in au­ available to the State under section years to elapse before unobligated ap­ thorizations would accomplish that 118(b)(3)(B)'', portionments would revert to the goal. It does promise, however, to en­ CB> by striking out "the date of enactment highway trust fund, it incorporated hance the efficient use of those re­ of this sentence" in the last sentence of sub­ the same concept of affording the Sec­ sources we have committed for this section and in the fourth sentence of purpose. subsection and inserting in lieu thereof retary of Transportation the discre­ "the date of enactment of the Interstate tion to dole out these funds to projects I urge my colleagues to join as co­ Highway Resurfacing, Restoration, Reha­ she deemed most fit. The 1982 discre­ sponsors of the Interstate Highway bilitation, and Reconstruction Act of 1986". tionary framework, however, has Resurfacing, Restoration, Rehabilita­ and never materialized because no State tion, and Reconstruction Act of 1986, by striking out "funds available to it has failed to use its funds during the 4 and commend that this body move under sections 104 and 104<5>CB> of years that they have remained avail­ rapidly toward enactment of an Inter­ this title" in the fourth sentence of subsec­ state 4R Discretionary Program.• tion and inserting in lieu thereof "funds able. apportioned to the State under paragraphs This bill recognizes that shortening the availability period will force State By Mr. MOYNIHAN: Cl> and <5> of section 104(b)".e S. 2644. A bill to amend title XIX of •Mr. SPECTER. Mr. President, today transportation departments to plan more efficiently; moreover, it acknowl­ the Social Security Act to provide that I am pleased to join with my colleague the Federal medical assistance per­ from Pennsylvania, Senator HEINZ, in edges the inadequacy of the formula approach-it cannot predict where re­ centage shall be 100 percent with re­ introducing legislation that would give spect to amounts expended as medical life to a discretionary program for quirements will be greatest-and gives the Secretary the flexibility she needs assistance for illegal aliens; to the interstate highway rehabilitation Committee on Finance. projects. to rectify the problem. The bill guides As you know, because the Interstate her in these determinations, offering MEDICAID COVERAGE OF ILLEGAL ALIENS 4R Program financed through the several criteria for allocation. A State, e Mr. MOYNIHAN. Mr. President, highway trust fund is the heart of my for example, must apply the funds to a yesterday, the U.S. District Court for State's effort to preserve its roads and project which it is ready to commence the Ea.stem District of New York, in a bridges, I have made it my business and, in the case of construction, begin ruling by Judge Charles Sifton, a dis­ during my first term here in the work within 90 days. In addition, pri­ tinguished member of the bench, held Senate to become very well-acquainted ority should be given to restoration that illegal aliens are eligible for Med­ with its intricacies. There is no ques­ projects that cost more than $10 mil­ icaid payments and Medicaid care in tion in my mind that the I-4R Pro­ lion and which involve either high­ the hospitals of that district and, by gram, in its present form, does not ways in urban areas with high traffic extension, the Nation. direct its resources in the best inter­ volume, or roads in rural areas having Judge Sifton, who is a distinguished ests of the Interstate Highway heavy truck traffic. jurist, made a very simple point that System. In fact, the Federal Highway In order to initiate the discretionary there is nothing in the 1965 statute Administration's own study, conducted concept without delay, the bill sets that says otherwise. In a class action at Congress' request, found that the aside $300 million out of the I-4R ac­ suit, brought by seven illegal aliens current apportionment of funds does count before making any apportion­ saying they needed medical care, he not respond to the system's true ment under the program. Because the held that they were entitled to it. needs. After long and careful study, proposal calls for no additional fund­ Might I say, Mr. President, that in however, I have come to the unfortu­ ing beyond the current I-4R authori- the absence of Medicaid payments, we nate conclusion that a modification in zation level, any concern with respect should not assume the absence of med­ the formula for apportioning funds to its potential impact on the Trust ical care. It is the tradition of New would complicate States' planning Fund's solvency is eliminated. There is York City and most jurisdictions of and, ultimately, pit one State against precedent for such a discretionary pro- our country to provide care to the ill July 15, 1986 CONGRESSIONAL RECORD-SENATE 16441 and indigent regardless of their legal 100 percent of the medical care costs Assistance Act of 1961 to protect tropi­ status as citizens. It goes back a long for illegal aliens. cal forests in developing countries. time in the history of New York City, I hope this legislation will be re­ s. 1748 long before we had immigration laws­ ceived favorably. I can imagine that At the request of Mr. ROTH, the a time when as many as half of the today in this Senate there are not that population of the city were technically many persons aware of this matter. name of the Senator from Vermont aliens although not illegal. But this will become a national issue [Mr. LEAHY] was added as a cosponsor However, Mr. President, I think we in no short order and require a re­ of S. 17 48, a bill to amend the Foreign must accept the ruling of Judge sponse by the Congress. I hope that Assistance Act of 1961 to protect bio­ Sifton, and I cannot doubt that if it is this will be done and ask unanimous logical diversity in developing coun­ appealed, it will be upheld in the consent that the text of the bill tries. courts of appeal-certainly in our appear in the CONGRESSIONAL RECORD s. 1761 second circuit-and eventually will at this point. At the request of Mr. STAFFORD, the become the law of the land. There being no objection, the bill name of the Senator from Vermont In that case, Mr. President, it is re­ was ordered to be printed in the [Mr. LEAHY] was added as a cosponsor quired of those of us in the Congress RECORD, as follows: of S. 1761, a bill to amend the Atomic to ask: What provision will we make s. 2644 Energy Act of 1954, as amended, to es­ for the expenses, large expenses, that Be it enacted by the Senate and House of tablish a comprehensive, equitable re­ will have to be incurred by New York Representatives of the United States of liable, and efficient mechanism for State and its localities-and other America in Congress assembled, full compensation of the public in the States and localities in some of them­ SECTION I. FEDERAL MEDICAL ASSISTANCE PER· event of an accident arising out of ac­ in the aftermath of this ruling? These CENTAGE. tivities of Nuclear Regulatory Com­ expenses will be incurred, of course, IN GENERAL.-Section 1905(b) of the mission licenses or undertaken pursu­ because Federal Medicaid payments Social Security Act <42 U.S.C. 1396d(b)) is ant to the Nuclear Waste Policy Act of are matched by States-and localities amended by striking "Act)." and inserting in 1982 involving nuclear materials. in 12 States. lieu thereof "Act> and with respect to I have made some rough calcula­ amounts expended as medical assistance for s. 1822 tions. I cannot speak to it with the au­ any individual who is eligible for medical as­ At the request of Mr. THURMOND, the thority of the Human Resources Ad­ sistance under the State plan, is not a citi­ name of the Senator from Tennessee zen of the United States, and has not been [Mr. GoRE] was added as a cosponsor ministration of New York City, for ex­ lawfully admitted to the United States for ample, but the numbers are roughly permanent residence or under other author­ of S. 1822, a bill to amend the Copy­ that in 1980, there were 234,000 illegal ity of law permitting the individual to right Act in section 601 of title 17, aliens in New York State; just under a engage in employment in the United United States Code, to provide for the quarter of a million. At the same time, States.". manufacturing and public distribution in 1980, of the 17 .5 million residents of (b) EFFECTIVE DATE.-The amendment of certain copyrighted material. made by subsection shall apply to medi­ our State, 1.3 million, or 7 percent, re­ s. 1900 ceived Medicaid payments at an cal assistance furnished in calender quarters beginning on or after October 1, 1986.e At the request of Mr. ROTH, the annual costs of $1,486 per adult. If we name of the Senator from New Mexico assume that the percentage of illegal [Mr. BINGAMAN] was added as a co­ aliens who would qualify for Medicaid ADDITIONAL COSPONSORS sponsor of S. 1900, a bill to amend the that is, the sick and indigent-is the s. 89 Foreign Agents Registration Act of same 7 percent as for the population 1938 by providing for the 5-year sus­ as a whole-and the percentage is At the request of Mr. D'AMATO, his probably a good deal higher-then name was added as a cosponsor of S. pension of exemptions provided to an 16,380 illegal aliens in New York State 89, a bill to recognize the organization agent of a foreign principal convicted would qualify for Medicaid. And if known as the National Academies of of espionage offenses. they received the same average pay­ Practice. s. 1901 ment, then total Medicaid payments s. 1259 At the request of Mr. ROTH, the would increase $24.3 million, half of At the request of Mr. THURMOND, the name of the Senator from New Mexico which would have to be paid by the name of the Senator from Texas [Mr. [Mr. BINGAMAN] was added as a co­ State and its localities. GRAMM] was added as a cosponsor of sponsor of S. 1901, a bill to amend the Mr. President, it is altogether unfair S. 1259, a bill to correct certain inequi­ Foreign Missions Act regarding the that State governments and local gov­ ties by providing Federal civil service treatment of certain Communist coun­ ernments should have to assume a credit for retirement purposes and for tries, and for other purposes. large share of the cost of dealing with the purpose of computing length of s. 2073 illegal aliens, whose presence is a service to determine entitlement to At the request of Mr. McCLURE, the manifest evidence of a failure by the leave, compensation, life insurance, name of th6 Senator from Virginia Federal Government to enforce its health benefits, severance pay. tenure, [Mr. WARNER] was ~dded as a cospon­ laws. Were the Immigration and Natu­ and status in the case of certain indi­ sor of S. 20';"3, a bill to encourage the ralization Service able to police our viduals who performed service as Na­ standardization of nuclear power­ borders and regulate their movement, tional Guard technicians before ;;anu­ plants, to improve the nuclear licens­ as they are required to do under law, if ary l, 1969. ing and regulatory process, to amend the Federal Government did what it s. 1446 the Atomic Energy Act of 1954, and says it must do, there would be no ille­ fer other purposes. gal aliens or, if there were, there At the request of Mr. ANDREWS, the would be an \nsignificant number. name of the Senator from Illinois [Mr. s. 2129 Clearly stated, the Federal Govern­ DIXON] was added as a cosponsor of S. At the request of Mr. J.USTEN, the ment being responsible for the pres­ 1446, a bill to amend title 38, United name of the Senator from South ence of illegal aliens, it ought to be re­ States Code, to improve veterans' ben­ Dakota [Mr. ABDNOR] was added as a sponsible for their medical care. My efits for former prisoners of wars. cosponsor of S. 2129, a bill to facilitate amendment will. provide that the Fed­ s. 1747 the ability of organizations to estab­ eral Government will pa:v for all of At the request of Mr. RoTH, the lish risk retention groups, to facilitate these Medicaici i..;O"ts; that is, the Fed­ name of the Senator from Vermont the ability of such organizations to eral medical assistance percentage [Mr. LEAHY] was added as a cosponsor purchase liability insurance on a under the Medicaid program will be of S. 17 4 7, a bill to amend the Foreign group basis, and for other purposes. 16442 CONGRESSIONAL RECORD-SENATE July 15, 1986 s. 2270 to amend section 112 of title 18, Senate Joint Resolution 112, a joint At the request of Mr. SIMON, the United States Code, relating to protec­ resolution to authorize and request names of the Senator from Tennessee tion of foreign officials, official guests, the President to call a White House [Mr. GORE], and the Senator from and internationally protected persons, Conference on Library and Informa­ California [Mr. CRANSTON] were added to remove the exemption for the Dis­ tion Services to be held not later than as cosponsors of S. 2270, a bill to trict of Columbia. 1989, and for other purposes. amend the Immigration and National­ s. 2515 SENATE JOINT RESOLUTION 196 ity Act to deter immigration-related At the request of Mr. WEICKER, At the request of Mrs. HAWKINS, the marriage fraud and other immigration the name of the Senator from Missis­ name of the Senator from Alabama fraud. sippi CMr. CocHRAN] was added as a co­ CMr. HEFLIN] was added as a cosponsor s. 2331 sponsor of S. 2515, a bill to reauthorize of Senate Joint Resolution 196, a joint At the request of Mr. HEINZ, the the rehabilitation Act of 1973, and for resolution designating September 22, name of the Senator from Vermont other purposes. 1986, as "American Business Women's CMr. LEAHY] was added as a cosponsor s. 2531 Day." of S. 2331, a bill to amend title XVIII At the request of Mr. GRASSLEY, of the Social Security Act to assure SENATE JOINT RESOLUTION 343 the name of the Senator from Virginia At the request of Mr. D'AMATO, the the quality of inpatient hospital serv­ [Mr. TRIBLE] was added as a cosponsor ices and post-hospital services fur­ names of the Senator from Mississippi of S. 2531, a bill to amend title 11 of [Mr. COCHRAN], the Seantor from Ala­ nished under the Medicare Program, the United States Code to make non­ and for other purposes. bama [Mr. DENTON], the Senator from dischargeable any debt arising from a Vermont CMr. LEAHY], the Senator s. 2408 judgment or consent decree requiring from Connecticut [Mr. DODD], and the At the request of Mr. BAucus, the an individual debtor to make restitu­ Senator from Nebraska [Mr. ExoNl names of the Senator from Maine CMr. tion as a result of a violation of State were added as cosponsors of Senate MITCHELL], and the Senator from Ten­ law. Joint Resolution 343, a joint resolu­ nessee [Mr. GORE] were added as co­ s. 2541 tion designating the week of Septem­ sponsors of S. 2408, a bill entitled the At the request of Mr. FoRD, the "Antidumping Act of 1986." ber 21, 1986, through September 27, name of the Senator from Virginia 1986, as "Emergency Medical Services s. 2447 [Mr. WARNER] was added as a cospon­ Week." At the request of Mrs. KASSEBAUM, sor of S. 2541, a bill to require the issu­ the names of the Senator from Hawaii ance by the Department of Energy of SENATE JOINT RESOLUTION 345 [Mr. MATSUNAGA] was added as a co­ a solicitation for coal utilization dem­ At the request of Mr. DOLE, the sponsor of S. 2447, a bill to provide for onstration projects incorporating names of the Senator from Alabama improved disclosure of certain rail clean coal retrofit technologies. CMr. DENTON], the Senator from New transportation contracts. s. 2573 Jersey [Mr. BRADLEY], and the Senator from North Carolina CMr. HELMS] s. 2479 At the request of Mr. HEINZ, the At the request of Mr. TRIBLE, the name of the Senator from Michigan were added as cosponsors of Senate names of the Senator from Rhode [Mr. LEvIN], the Senator from New Joint Resolution 345, a joint resolu­ Island [Mr. PELL], and the Senator Jersey. CMr. BRADLEY], the Senator tion to designate the week beginning from North Dakota CMr. ANDREWS] from Iowa [Mr. GRASSLEY], the Sena­ November 9, 1986, as "National Reye's were added as cosponsors of S. 2479, a tor from Mississippi [Mr. COCHRAN], Syndrome Awareness Week." bill to amend chapter 39 of title 31, the Senator from Oklahoma [Mr. SENATE JOINT RESOLUTI(iN 355 United States Code, to require the NICKLES], and the Senator from Vir­ At the request of Mr. LoNG, the Federal Government to pay interest ginia [Mr. WARNER] were added as co­ names of the Senator from Arkansas on overdue payments, and for other sponsors of S. 2573, a bill to amend the [Mr. BUMPERS], the Senator from Ala­ purposes. Disaster Relief Act of 1974 to provide bama [Mr. DENTON], the Senator from s. 2496 more effective assistance to disaster Hawaii [Mr. MATSUNAGA], and the Sen­ At the request of Mr. GRASSLEY, and emergency victims. ator from California [Mr. CRANSTON] the name of the Senator from South s. 2574 were added as cosponsors of Senate Carolina CMr. HOLLINGS] was added as At the request of Mr. HEINZ, the Joint Resolution 355, a joint resolu­ a cosponsor of S. 2496, a bill to author­ names of the Senator from Michigan tion to designate August 1986 as ize the President to award congres­ [Mr. LEvIN], the Senator from New "Cajun Music Month." sional gold medals to D. Andrei Sak­ Jersey CMr. BRADLEY], and the Senator SENATE JOINT RESOLUTION 356 harov and Dr. Yelena Bonner for the from Iowa CMr. GRASSLEY] were added At the request of Mr. MATHIAS, the great personal sacrifice they have as cosponsors of S. 257 4, a bill to names of the Senator from Hawaii made to further the causes of human amend the Disaster Relief Act of 1974 CMr. MATSUNAGA], the Senator from rights and world peace. to provide more effective assistance to Mississippi [Mr. COCHRAN], the Sena­ At the request of Mr. WALLOP, the disaster and emergency victims. tor from Delaware [Mr. RoTH], the names of the Senator from Texas CMr. s. 2590 Senator from West Virginia [Mr. BENTSEN], the Senator from Minneso­ At the request of Mr. GLENN, the ROCKEFELLER], the Senator from Mas­ ta [Mr. BoscHWITZ], the Senator from name of the Senator from Massachu­ sachusetts CMr. KENNEDY], and the Alabama [Mr. DENTON], the Senator setts CMr. KERRY] was added as a co­ Senator from Maryland [Mr. SAR­ from Minnesota CMr. DURENBERGER], sponsor of S. 2590, a bill to amend the BANEsl were added as cosponsors of the Senator from Michigan CMr. appendix to the Tariff Schedules of Senate Joint Resolution 356, a joint LEvIN], the Senator from Georgia [Mr. the United States to extend the sus­ resolution to recognize and support MArrINGLY], the Senator from Virgin­ pension of duty on bicycle parts. the efforts of the United States Com­ ia [Mr. TRIBLE], and the Senator from SENATE JOINT RESOLUTION 112 mittee for the Battle of Normandy Michigan [Mr. RIEGLE] were added as At the request of Mr. PELL, the Museum to encourage American cosponsors of S. 2496, supra. name of the Senator from Kansas awareness and participation in devel­ s. 2508 CMr. DOLE], the Senator from Alaska opment of a memorial to the battle of At the request of Mr. GilAssLEY, [Mr. MUR.KOWSKI], the Senator from Normandy. the names of the Senator from New South Dakota [Mr. ABDNOR], the Sena­ SENATE JOINT RESOLUTION 371 York CMr. D'AMATO], and the Senator .tor from Michigan [Mr. LEvIN], and At the request of Mr. DECONCINI, from Michigan CMr. RIEGLE] were the Senator from Wisconsin [Mr. the name of the Senator from New added as cosponsors of S. 2508, a bill KASTEN] were added as a cosponsor of Hampshire [Mr. HUMPHREY] was July 15, 1986 CONGRESSIONAL RECORD-SENATE 16443 added as a cosponsor of Senate Joint other public Helsinki monitoring Committee on Energy and Natural Re­ Resolution 371, a joint resolution to groups. sources on Tuesday, July 22, beginning designate August 1, 1986 as "Helsinki SENATE RESOLUTION 368 at 10 a.m. in room SD-366 of the Human Rights Day." At the request of Mr. GoRE, the Senate Dirksen Office Building, Wash­ SENATE CONCURRENT RESOLUTION 108 names of the Senator from Tennessee ington, DC. At the request of Mr. LEVIN, the CMr. SASSER], the Senator from Ohio The additional measure is H.R. 5028, names of the Senator from Oregon CMr. GLENN], and the Senator from the Lower Colorado Water Supply Act. CMr. HATFIELD], the Senator from New Jersey CMr. LAUTENBERG] were As previously announced, testimony Hawaii CMr. MATSUNAGA], the Senator added as cosponsors of Senate Resolu­ will be received on S. 230, for relief of from Massachusetts CMr. KERRY], the tion 368, a resolution to express the the city of Dickinson,. ND; S. 252, to Senator from Iowa CMr. HARKIN], the sense of the Senate that Federal fund­ authorize the Secretary of the Interior Senator from Tennessee CMr. GORE], ing to States for Cooperative Exten­ to construct, operate and maintain the the Senator from Rhode Island CMr. sion Service programs for fiscal year Lake Andes-Wagner, unit, South PELL], and the Senator from New 1987 be restored to at least the level Dakota pumping division, Pick-Sloan Jersey CMr. BRADLEY] were added as approved in the 1986 budget resolu­ Missouri Basin Program, South cosponsors of Senate Concurrent Res­ tion, except for reductions required in Dakota; and S. 1704, to authorize an olution 108, a concurrent resolution such programs by the Balanced increase in the appropriation ceiling expressing the sense of the Congress Budget and Emergency Deficit Con­ for the North Loup division, Pick­ regarding East Timor. trol Act of 1985. Sloan Missouri Basin Program, Ne­ SENATE CONCURRENT RESOLUTION 136 SENATE RESOLUTION 424 braska. At the request of Mr. GRASSLEY, the At the request of Mrs. HAWKINS, the Those wishing to testify should con­ name of the Senator from Georgia names of the Senator from Mississippi tact the Subcommittee on Water and CMr. NUNN] was added as a cosponsor CMr. COCHRAN], and the Senator from Power of the Committee on Energy of Senate Concurrent Resolution 136, Virginia CMr. WARNER] were added as and Natural Resources, room SH-212, a concurrent resolution entitled "Vol­ cosponsors of Senate Resolution 424, a Hart Senate Office Building, Washing­ unteers are the Importance of Volun­ resolution commending Col. Ricardo ton, DC 20510. For further informa­ teerism." Montero Duque for the extraordinary tion, please contact Mr. Russell Brown SENATE CONCURRENT RESOLUTION 145 sacrifices he has made to further the at <202) 224-2366. At the request of Mr. STEVENS, the cause of freedom in Cuba, and for names of the Senator from Mississippi other purposes. CMr. COCHRAN], the Senator from Ohio ADDITIONAL STATEMENTS CMr. GLENN], and the Senator from RESOLUTION RELATIVE TO CON­ Arkansas CMr. BUMPERS] were added TINUED TELEVISION COVER­ as cosponsors of Senate Concurrent AGE OF SENATE PROCEEDINGS ALAN BLOUNT-A COLORADO Resolution 145, a concurrent resolu­ SUCCESS STORY tion to encourage State and local gov­ Mr. DOLE (for himself and Mr. ernments and local educational agen­ BYRD) submitted the following resolu­ e Mr. ARMSTRONG. Mr. President, a cies to require quality daily physical tion; which was considered and agreed resident of Colorado recently became education programs for all children to: the national winner of the National from kindergarten through grade 12. S. RES. 444 Aviation Awareness Contest sponsored by the Federal Aviation Administra­ SENATE CONCURRENT RESOLUTION 147 Resolved, That, notwithstanding any other provision of S. Res. 28, agreed to Feb­ tion. FAA Administrator Donald At the request of Mr. D'AMATo, his ruary 27, 1986, television coverage of the Engen presented Alan Blount, of name was added as a cosponsor of Senate shall resume July 21, 1986 under the Grand Junction, CO, with a well-de­ Senate Concurrent Resolution 147, a same basis as provided during the live test served scholarship and trophy for his concurrent resolution to express the period under section 5 of S. Res. 28 unless efforts in reminding his classmates sense of the Congress that the mon­ the Senate votes pursuant to section 15 of S. and others of the importance of avia­ keys known as the "Silver Spring Mon­ Res. 28 to end coverage. tion to every community. keys" should be transferred from the The contest, entitled "Aviation in National Institutes of Health to the SENATE EXECUTIVE RESOLU­ my Community," prompted thousands custody of Primarily Primates, Inc., TION 445-DISCHARGING THE of students from across the country, in animal sanctuary in San Antonio, TX. COMMITTEE ON FOREIGN RE­ three different age groups, to write SENATE CONCURRENT RESOLUTION 148 LATIONS FROM THE FURTHER essays on the importance of aviation At the request of Mr. SYMMS, the CONSIDERATION OF THE SALT in their own hometowns. I am con­ name of the Senator from Utah CMr. II TREATY vinced that this contest is a vital link HATCH] was added as a cosponsor of Mr. QUAYLE (for himself and Mr. between the important work of the Senate Concurrent Resolution 148, a WILSON) submitted the following reso­ FAA and the next generation of avia­ concurrent resolution expressing the lution; which was ordered to lie over tion experts. I am also convinced that sense of Congress concerning the nu­ under the rule: Alan Blount will be among these. clear disaster at Chernobyl in the Alan is a bright student whose deep Soviet Union. S. EXEC. RES. 445 Resolved, that the Senate Committee on and abiding interest in aviation is a SENATE CONCURRENT RESOLUTION 154 Foreign Relations is discharged of further good example to all his classmates at At the request of Mr. D'AMATo, the consideration of EX. Y, 96-1, referred to as Grand Junction Central High School. names of the Senator from Oklahoma the SALT II Treaty. His accomplishment in winning this CMr. NICKLES], the Senator from contest singles him out as one of Colo­ Michigan CMr. RIEGLE], the Senator rado's best and brightest. from New Jersey CMr. LAUTENBERG], NOTICES OF HEARINGS I commend the FAA for sponsoring the Senator from New Jersey CMr. SUBCOMMITTEE ON WATER AND POWER this important contest, and I am par­ BRADLEY], the Senator from Vermont Mr. MURKOWSKI. Mr. President, I ticularly proud of Alan Blount. His CMr. LEAHY], and the Senator from would like to announce for the infor­ essay is well written and insightful. It Nevada CMr. HECHT] were added as co­ mation of the Senate and the public, is about the important role Walker sponsors of Senate Concurrent Resolu­ that testimony will be received on an Field plays in the economy of Mesa tion 154, a concurrent resolution con­ additional measure at the hearing pre­ County, and the entire Western Slope. cerning the Soviet Union's persecution viously scheduled before the Subcom­ But in reality, it is about the role of of members of the Ukrainian and mittee on Water and Power of the every airport in its community. I en- 16444 CONGRESSIONAL RECORD-SENATE July 15, 1986 courage all my colleagues in the fences, and other obstacles that could quick­ excess of $50 million or, in the case of Senate to read it. ly end the career of a low-flying pilot who major defense equipment as defined in The essay follows: wasn't careful enough. The old saying, "There are old pilots and bold pilots, but the act, those in excess of $14 million. AVIATION IN MY COMMUNITY there no old, bold pilots" is very true here. Upon such notification, the Congress CBy Alan Blount> Private planes are used for much more has 20 calendar days to review and Grand Junction is a beautiful city located than crop dusting, however, the amount of consult with the administration on the on the Western Slope of Colorado. Much of commercial flights in and out of the valley proposed sale. Section 36(b) requires the wealth of the community has come, di­ each year is dwarfed by the number of pri­ that Congress then receive a statutory rectly or indirectly, from Walker Field, the vate flights. Attorneys, doctors, business ex­ notification of the proposed arms sales center of aircraft activity in Mesa County. ecutives, and houswives have learned to fly, and upon such notification, has 30 cal­ Walker Field has been serving the area for and many own their own planes. Walker _ over 50 years and has had a great effect on Field rents parking spaces for private air­ endar days to review the sale. The pro­ the welfare of the Grand Junction area. planes, and Monarch Aviation services vision stipulates that, in the Senate, Before 1935, all air access to the Grand them. Monarch got its start in 1946 and has the notification of proposed sales shall Valley was accomplished via a short dirt done much business ever since. Without be sent to the chairman of the Foreign strip on what is now the corner of Walker good aircraft service and repair, planes Relations Committee. Field, which was constructed in 1935. It was would have to be flown to Denver or some In keeping with the committee's in­ named after Walter Walker, the second pub­ other large city for maintenance, and tention to see that such information is lisher of a local newspaper, The Daily Senti­ owning a private plane in Grand Junction immediately available to the full nel, who was probably the man most respon­ would be much more expensive than it is sible for the airport's establishment. Walker now. Senate, I ask to have printed in the Field has been improved several times in the Many businesses are indirectly supported RECORD at this point the notification years since, with the latest improvement or aided by Walker Field. The Grand Valley which has been received. A portion of being the new terminal building that was has several travel agencies that make much the notification, which is classified in­ completed in 1982, and a recently improved of their income by reserving flights for trav­ formation, has been deleted for publi­ runway. elers. Nearly all businesses, at one time or cation, but is available to Senators in Of all the effects aviation has in the another, use air freight to ship goods in or out of town. Overnight mail services depend the office of the Foreign Relations Valley, the economic aspects are most wide­ Committee, room SD-423. spread. Without easy air access, Grand on air freight for fast delivery that the Junction would be isolated from the rest of Valley would not otherwise have. The notification follows: the nation. The geography in this area is Recreation is another aspect of life that is DEFENSE SECURITY ASSISTANCE AGENCY, very unique. The Grand Valley is surround­ enhanced by aircraft. Skiers benefit greatly Washington, DC, July 3, 1986. ed by mountains on three sides and a desert by having easy and cheap air access to the In reply refer to I-03512/86ct. on the fourth. The closest major cities, western slope. Much of the business at Pow­ Dr. M. GRAEME BANNERMAN, Denver and Salt Lake City, are each at least derhorn, the area's closest ski resort, comes Staff Director, Committee on Foreign Rela­ four hours away by land, and the ferocious from out of town. The skiing industry in the tions, U.S. Senate, Washington, DC. winter storms common to the area can make valley is so big that nearly twice as many DEAR DR. BANNERMAN: By letter dated 18 the roads dangerous and travel times even flights go through Walker Field during the February 1976, the Director, Defense Secu­ Air winter as in the summer. The surrounding rity Assistance Agency, indicated that you longer. travel makes safe, easy, and fast mountains protect the valley from the commuting possible; a businessman can get harsh snowstorms common to the state; would be advised of possible transmittals to up at 6:00 and be in Denver in time for an winters here are usually mild and there is Congress of information as required by Sec­ 8:30 board meeting. Walker Field is one of rarely enough snow to necessitate closing tion 36Cb)(l) of the Arms Export Control the Valley's greatest assets. Bob Kays, presi­ the runways for long periods of time. This Act. At the instruction of the Department dent of the Grand Junction Chamber of makes air travel an excellent way to get to of State, I wish to provide the following ad­ Commerce, said "The strongest indications the great skiing of the western slope with­ vance notification. that we have of the airport's importance are the companies we poor weather. an offer to a North African country tenta­ talk to. One of the first criteria for us to Flying ultralight aircraft has recently tively estimated to cost $50 million or more. even make the cut is that we have an air­ become a popular pastime, and the sport Sincerely, port with commercial flights. If we didn't has several devoted followers in the valley. PHILIP c. GAST, have that, they wouldn't even take a look at Ultralights allow those without enough Director.• us." Sunstrand Inc., a large aerospace com­ money for a private plane to enjoy the pany, recently picked Grand Junction as the thrills of flying their own aircraft. On a site of a new manufacturing plant that will warm summer day it is impossible not to AMERICAN PSYCHOLOGIST employ a great number of local workers. hear the buzz of an ultralight engine over­ INTERVIEW WITH JAKE JAVITS The airport itself employs over 200 workers head at least once. Supermarket magazine e Mr. D'AMATO. Mr. President, I that otherwise would have to find work else­ racks are loaded with magazines devoted to where or move out of the valley. submit for the RECORD the following the flying of these tiny planes. Hot air bal­ interview with former U.S. Senator St. Mary's, the communities largest hospi­ loons are another popular aerial hobby in tal, has made good use of air transportation the valley. Nothing matches the thrill of Jacob Javits. The interview published in it's Flight For Life program. The hospital floating silently hundreds of feet in the air in the American Psychological, was maintains two large helicopters that are with nothing keeping you aloft but a bag of conducted by Dr. Frederick King, di­ equipped as ambulances. Without this pro­ hot air, and the view is fantastic. Many bal­ rector of the Yerkes Regional Primate gram it would be difficult or impossible to loon pilots offer inexpensive rental rides to Research Center at Emory University get help to people injured in remote loca­ anyone who wants to experience this unique in Atlanta, in July 1985. Entitled "Re­ tions in time to safe their lives. Helicopters sensation. flections of an Advocate for Research are also used in the oil shale industry, for The Grand Valley of the western slope sightseeing tours, and as shuttles for impor­ would be a far different place without the and Health Promotion," the interview tant visitors. benefits of aviation. Walker Field, Monarch has a profound message for the future Much of the Valley's potential wealth lies Aviation, the three airlines serving the direction of health research expendi­ in it's orchards. Crop dusting is often used valley, and the people of Grand Junction tures in this country and important in keeping the level of weeds and insects are all working together to make sure that advice for the health research commu­ down. Most of the crop dusting is done by we will always have the advantages of air nity. small biplanes and other maneuverable travel.e craft, flown by pilots who have become very REFLECTIONS OF AN ADVOCATE FOR RESEARCH adept at near misses, vertical climbs, and AND HEALTH PROMOTION-AN INTERVIEW other maneuvers reminiscent of the Barn­ ADVANCE NOTIFICATION WITH JACOB K. JAVITS stormers of the 1920's. To adequately spray CBy Frederick A. King) a field, a pilot must fly within a few feet of • Mr. LUGAR. Mr. President, by Jacob K. Javits served as U.S. Senator from 1957 to 1981 and was a major ar­ the wind. The maneuvers are complicated Export Control Act provides that Con­ chitect of health research and health serv- by the fact that area farms are almost gress receive advance notification of ice legislation. Prior to serving in the always surrounded by powerlines, trees, proposed arms sales under that act in Senate, he served as Attorney General for July 15, 1986 CONGRESSIONAL RECORD-SENATE 16445 the state of New York, 1955-1957, and repre­ gress of what is happening in new scientific KING. I believe that if scientists had sented New York's 21st District in the 80th developments, and what they see as nation­ spoken out more clearly 10 or 20 years ago to 83rd sessions of Congress. He was a al needs, or do scientists need to speak more and explained to the public what they do in member of the National Commission on strongly and frequently and organize them­ their research, and why they do it, and the Marijuana and Drug Abuse, 1971-1973, selves better? precautions they take to insure humane served as chair of the North Atlantic Assem­ JAVITS. I learned a good deal about those treatment of their animal subjects rather bly's Political Committee, Committee of techniques. It's not an accident that the than holding themselves aloof from the Nine, Parliamentarian's Committee for Less President has a science advisor, that both public . So I think we're in a requiring rules and regulations and by en­ ed by a major effort in cancer, and since I new era of a better informed national legis­ forcing procedures according to the best sci­ have been out of this in '81, now I'm mount­ lature and that goes for states as well. entific advice. Animals, if they can contrib­ ing a major effort in neurological and neu­ There is also a greater interest in and great­ ute to scientific knowledge and can be dealt romuscular diseases and the appropriation er confidence of the scientific community in with humanely within that context, are the and the techniques for pursuing it have shaping public policy. source for such experimentation. The case been massively increased. Looking down the KING. You mentioned an increasing histories show extraordinary efforts by sci­ road, it's now becoming very fashionable, awareness of scientific developments among entific laboratories and investigators to the means for keeping well, as well as curing legislators, which is partly the consequence show an enlightened and humane attitude illness are getting very heavy support in of their increasingly sophisticated staff who to the animal's welfare and show us that terms of antismoking and antidrug cam­ help keep legislators informed of scientific violations and excesses are minimal. It is the paigns, antigluttony and intelligent nutri­ trends and needs. I have noticed a consider­ proper functioning of government to repress tion, sleep, exercise, and preoccupation to able change in this direction, too, over the these excesses just as we tum our con­ the arts and more enlightened views of what past 15 years. Looking at it from the other science against the right of an owner to beat makes for the health of the public. And I side, do you believe that the scientists them­ his animal, the same ethics apply to experi­ believe that in my own preoccupation with selves have become more knowledgeable mentation. But to quit animal experimenta­ national health strategy, and I persisted in about how to get their needs and their ideas tion is to adopt a "know nothing" attitude, that for almost forty years, has been moti­ across to Congress? Have they been as ex­ and is very antithetic to the interests of the vated by the consideration of the Greek pressive as they should be in informing Con- human society and must be resisted. ideal of the healthy mind and the healthy 16446 CONGRESSIONAL RECORD-SENATE July 15, 1986 body, with the emphasis on periodic care should come about is by an interplay of former citizens of Soviet Armenia and and prevention. The integration of health these forces and by mutual respect of the members of the Armenian-American and behavior has been the radical change weight of each other-to give them equal that has occurred in the latter part of this weight without regard to the distribution of community the United States, seeks to century. power because that's what they're entitled bring to the public's attention the KING. You have been, of course, highly to and that's what they should have. I be­ plight of Armenians imprisoned in the active in supporting legislation that has lieve that in this regard, the system has U.S.S.R. benefited those who lacked educational op­ worked quite well. There is immense respect Armenia's past is long and rich with portunities, had mental health problems, or in the Congress for scientific opinion. There achievement. Today 1 of the 15 repub­ required special instruction because they is a greater knowledge in the scientific com­ were retarded or handicapped. Do you have munity for the accommodation which must lics which make up the Soviet Union, any special thoughts on where we should be be made both to fiscal policy and to public Armenia's history dates back nearly going in the future in terms of these par­ opinion. Thus, great progress has been 3,000 years to a time when its empire ticular problems or others in the realm of made. ranked in importance with that of By­ mental health? KING. Do you have any thoughts how our zantium and Persia. Christianity was J AVITS. Well, I think there are two as­ nation can most effectively cope with rising pects: one is the employment of the arts and established in Armenia as early as the health costs? To what extend should the 4th century A.D. The National Geo­ sciences to ease physical disabilities. This is federal government accept responsibility? far from the best wheelchair that I sit in What portion of costs should be left up to graphic Society notes that "Armenians and the physical difficulty of transferring the individual for support? are respected as artisans, scientists, me from the chair to bed and from bed to JAVITS. I believe that the insurance princi­ and energetic merchants • • • the chair is enormous. To achieve a greater im­ ple is the best way in which to deal with character of Armenians is both provement ... rising health costs. This involves a basic KING. Through human engineering? strengthened and saddened by a dark principle that economics should not deter­ and bloody history of wars, occupa­ JAVITS. Yes. I think giving a person the mine who lives and who dies. That does not maximum capability for self-help is very mean that if I can afford it, I can't have a tions, massacres, and deportations." critical. We should also require people who private room. But it means that the care in Despite repeated, violent attempts to are disabled or handicapped to measure up a two-bed or a four-bed or a ward ought to extinguish them both physically and to the same standards of self-reliance, as far be, in reality, equal. culturally, the Armenian people have as possible, as people who have normal abili­ KING. With regard to health insurance, do clung to their national traditions and ty to function. That's psychological so they you have some thoughts as to whether fee­ are not throwing themselves on other historic identity. I might add here for-servive plans or prepaid plans are prefer­ that our own Nation has profited human beings expecting to be forgiven for able in terms of benefits to the consumer, being less than normal. The correlative the practioner, and the nation's health greatly from the influx of industrious effect is to be recognized as fully equal and economy? and talented Armenians who emigrat­ able to be responsive to the same standards ed to the United States during particu­ as the community at large. These are the es­ JAVITS. With Senator Ted Kennedy I am sentials. We're often enmeshed in therapy the author of HMOs, but I believe that pre­ larly repressive times. The world­ which is inadequate and not extensive payment is the best insurance principle in famous writer William Saroyan, Coach enough. Enabling the individual who is support of preventive care. Periodic exami­ Ara Parseghian, and the present Gov­ handicapped to pursue his or her chosen nations should be available universally and ernor of California, George Dukme­ path, in whatever function in life, repre­ it should be a governmental obligation to pay for the unemployed and the indigent. jian, are but a few of the many Ameri­ i;;ents the lifeforce. In my case, the ability to cans of Armenian heritage who have speak, the means through which to speak, Of course, we have Medicaid and as yet do to think, to write, to participate in whatever not have health insurance for the unem­ so richly contributed to the American other calling an individual is involved in, to ployed as we should. But I am very strong experience. adapt the means to the capabilities of that for stipulated fee to keep you well, which is For Moscow, however, Armenian na­ individual or to find a new calling where the the essential HMO principle. With me that tionalism within Soviet borders is a means can be dveloped, should be made goes back to at least twenty-five years with dangerous thing. Those who have more available. what we have achieved from the Kaiser-Per­ sought to preserve Armenian culture KING. I gather that you feel that scientists manente system and comparable plans. with psychological and biobehavioral train­ KING. Are there any other comments against the Kremlin's relentless Russi­ ing and experience can contribute signifi­ you'd like to make or particular topics you'd fication efforts or to monitor Soviet cantly to the improvement of conditions for like to address? compliance in Armenia with the provi­ the physically ill and handicapped. JAVITS. No, thank you. I am a lawyer and sions of the Helsinki Final Act have JAVITs.Enormously! since I was a trial lawyer... been ruthlessly persecuted. Indeed, KING. The breadth of contributions psy­ KING. Yes. the Armenian Helsinki Monitoring chologists can make to the welfare of the JAVITS .... I always told witnesses: "When handicapped is certainly great. It ranges you get into real trouble, is if you volunteer Group, founded in April 1977 follow­ from counseling and therapy to efficient and keep talking." ing the signing of the Helsinki accords design of devices based on our knowledge of KING. Well, we want to thank you very by the Soviet Union, has been broken physiology. much. You were very kind to take your time up by the authorities. Eduard Aru­ JAVITS. It's a substitute in the modem out to see us. We certainly wish you the tyunyan, its founder, died in 1984 context. I would say substitute, but it's very best. And I'm a great admirer of yours. while serving a prison term for human really the implementation in the modern JAVITs. Thank you. You're very kind. and national rights activism. Since context of the preaching of the prophets KING. Thank you.• both in the Old and New Testaments. And 1963, over 200 Armenian political pris­ we now have so much greater ability to real­ oners have been behind bars at one ize those prayers. ACTION ON BEHALF OF SOVIET time or another. As many as 30 Arme­ KING. Over the past several years, Con­ ARMENIAN POLITICAL PRISON­ nian political prisoners are in Soviet gress has had increasingly direct involve­ ERS labor camps or prisons today. The ment in determining what our national Soviet Government also restricts con­ health priorities will be and where the •Mr. D'AMATO. Mr. President, as funds will go to support resources for health Chairman of the Commission on Secu­ tacts with Armenians abroad and advancement. What do you see as the re­ rity and Cooperation in Europe, the denies permission for many to emi­ spective roles of Congress, the scientific agency mandated by Congress to mon­ grate. community, and the federal agencies, that itor and encourage compliance with Mr. President, at this time, I would belong to the executive branch, such as the the Helsinki accords, I wish to call the like to enter into the RECORD a list of public health service, in the determination attention of my colleagues to an im­ Armenian Prisoners of Conscience of the nation's health priorities and the al­ location of funds? What should the balance portant human rights event. I am re­ who, according to the Committee for be among the several forces that contribute f erring to the establishment in Los the Defense of Soviet Armenian Politi­ to the nation's health? Angeles, CA, of the Committee for the cal Prisoners, have not only been un­ JAVITS. Well, I can't tell you what it Defense of Soviet Armenian Political justly incarcerated, but are also suffer­ should be because I'm no seer, but how it Prisoners. This group, founded by ing from poor health. July 15, 1986 CONGRESSIONAL RECORD-SENATE 16447 "OUR APPEAL TO MEMBERS OF THE U.S. ON THE WELL-BEING OF RE­ has 20 calendar days to review and CONGRESS" SEARCH MONKEYS HELD BY consult with the administration on the 1. Ashod Navasartian-sentenced to eight THE NATIONAL INSTITUTES OF proposed sale. Section 36(b) requires years in jail and three years exile. HEALTH that Congress then receive a statutory 2. Marzbed Arutyunyan-sentenced in 1980 to seven years in jail and five years e Mr. D'AMATO. Mr. President, I notification of the proposed arms sales exile. support legislation protecting the wel­ and upon such notification, has 30 cal­ 3. Paruyr Hairikian-sentenced to ten fare of monkeys that have served the endar days to review the sale. The pro­ years in jail and three years exile. research activities of this Nation. My vision stipulates that, in the Senate, 4. Georgy Khomizouri-sentenced to six colleague from California, Mr. CRAN­ the notification of proposed sales shall years in jail and three years exile. STON, again has brought the well-being be sent to the chairman of the Foreign 5. Azad Arshakian-sentenced to eight of these animals to the attention of Relations Committee. years in jail and three years exile. the Congress. I commend his dedica­ In keeping with the committee's in­ These victims of Soviet human tion and perseverance in this matter. tention to see that such information is rights abuses and their colleagues in In the past few months, a great deal immediately available to the full similar confinement deserve our atten­ of attention has been brought to cer­ Senate, I ask to have printed in the tion and whatever appropriate meas­ tain primates being held at the Na­ ures we can take to ease their plight. tional Institutes of Health. These pri­ RECORD at this point the notification For many of the approximately mates were used as part of a research which has been received. A portion of 2,000,000 people of the Armenian dias­ project at the Institute of Behavioral the notification, which is classified in­ pora, among which are 600,000 Arme­ Research. Initially, the NIH promised formation, has been deleted for publi­ nian-Americans, violations of human animal welfare groups that the prima­ cation, but is available to Senators in rights in their homeland by Moscow tes would be allowed to reside in a the office of the Foreign Relations are an injustice which cannot go unan­ humane animal environment after re­ Committee, room SD-423. swered. The Commission on Security search at the IBR was completed. The notification follows: and Cooperation in Europe shares However, the NIH had a change of DEFENSE SECURITY ASSISTANCE AGENCY, their concerns and their goals and will heart. Recently, the NIH shipped the Washington, DC, July 2, 1986. continue to work, as it has in the past, 15 primates to the Delta Regional Pri­ Dr. GRAEME BANNERMAN, for Soviet implementation of the mate Research Center in Louisiana for Staff Director, Committee on Foreign Rela­ additional involvement in research ac­ tions, U.S. Senate, Washington, DC. human rights provisions they agreed DEAR DR. BANNERMAN: By letter dated 18 to in 1975 when they signed the Hel­ tivities. February 1976, the Director, Defense Secu­ sinki Final Act.e The movement of these animals to rity Assistance Agency, indicated that you another research center reflects would be advised of possible transmittals to poorly on the NIH. On May 5, 1986, Congress of information as required by Sec­ NATIONAL ACADEMIES OF over half of the Senate contacted the tion 36(b)(l) of the Arms Export Control PRACTICE NIH to protest the withholding of Act. At the instruction of the Department these primates. The Senate recognized of State, I wish to provide the following ad­ e Mr. D'AMATO. Mr. President, I the ability of the NIH to legally inter­ vance notification. wish to cosponsor important legisla­ vene to release the primates to an in­ The Department of State is considering tion affecting the American health dependent sanctuary. However, the an offer to Southeast Asian country tenta­ care industry. I commend my col­ NIH, clearly overlooking congressional tively estimated to cost $14 million or more. league from Hawaii, Mr. INOUYE, for intent, chose to send the primates to Sincerely, bringing this legislation to the atten­ another research center. PHILIP C. GAST, Director.• tion of the Congress. I have not been impressed by the S. 89 would establish a Federal char­ NIH's conspicuous and manipulative ter for the National Academies of handling of this situation. The NIH THE STATUE OF LIBERTY Practice. This organization represents clearly understood the importance of • Mr. GORTON. Mr. President, today health care practitioners who have these animals· to Congress. A quick, I would like to share with my col­ contributed significantly to the prac­ overnight shipment to Louisiana was leagues a well-written poem by an tice of applied medicine, dentistry, os­ deceptive and mischeivous. eighth-grader from Stanwood, WA. teopathy, podiatry, optometry, psy­ Although I am a strong supporter of Miss Sonja C. Hanson, in keeping with chology, nursing, social work, and vet­ biomedical research activities, I do not the festivities for the Statue of Liber­ erinary medicine. believe that animals involved in re­ ty, wished to express her feelings. This organization is the first to search should be unnecessarily abused The rededication of this grand bring together different representa­ or mistreated. Clearly, these primates statue as an international symbol of tives from the health care industry. At have valiently served and sacrificed liberty has caused a large number of a time when health care is rapidly for biomedical research. Now is the Americans to try to express their feel­ changing and growing, a coordinated time to reward them for their sacri­ ings for this country. Sonja's poem network of health care practitioners is fice. was entered in a contest in Washing­ invaluable. I am hopeful that the NIH will re­ ton State and turned out to be a win­ The National Academies of Practice consider its decision to locate the pri­ ning composition. I know her thoughts will prove to be a vital resource to mates in Louisiana. It is time that Congress and the executive branch. on the Statue of Liberty express the these animals reside in the human en­ feelings of many other Americans. The organization's network of practi­ vironment that they deserve.• tioners for all sectors of the health The Statue of Liberty has been more care industry will be a unique source than just a statue ever since its instal­ of practical information for health ADVANCE NOTIFICATION lation. She has represented hope, free­ care public policy, Given the numer­ • Mr. LUGAR. Mr. President, by dom, and liberty to the many immi­ ous decisions that are being made on a agreement, section 36Cb) of the Arms grants who have caught sight of her Federal level about health care serv­ Export Control Act provides that Con­ and not forgotten their first glimpse ices, decisionmakers in Washington gress receive advance notification of of America. I hope you enjoy the must have access to qualified and ex­ proposed arms sales under that act in thoughtful, creative work of Miss emplary practitioners. excess of $50 million or, in the case of Hanson as much as I did. Again, I commend Mr. INOUYE for major defense equipment as defined in Mr. President, I ask that the poem supporting interdisciplinary activity in the act, those in excess of $14 million. be printed in the RECORD. the health care industry.e Upon such notification, the Congress The poem follows: 16448 CONGRESSIONAL RECORD-SENATE July 15, 1986 OUR STATUE: TEACHER OF LIBERTY time at L.S. Ayres & Co., where he works in terest of the Senate and the United housekeeping: and a second at the Fall States. Your large, lucid eyes have seen many a Creek YMCA, where he is a desk clerk part time. He's taking computer programming The select committee has received a weary sojourner request for a determination under rule Your all encompassing hands firmly grip classes part time and hopes to get more two emblems of freedom training. 35, for Mr. David S. Sullivan, a Your torch is ever burning with light for ev­ Buckhalter dropped out of Arlington High member of the staff of Senator JAMES eryone School "because I didn't want to be there" McCLURE, to participate in a program Your tablet always held for all the world to when he was 16. After spending some time in Munich, West Germany, sponsored see with the federal Job Corps program, he by the Hans Seidel Foundation, from On it a date of liberty found his way to the offices of 70001 in the old Merchants Bank Building at Meridian July 3 to July 7, 1986. Your proud head bears a crown of hope and Washington streets. The committee has determined that Seven rays bring that hope to the seven seas "They weren't just a lot of mumbo-jumbo participation by Mr. Sullivan in the and seven continents of our earth there. They really help the disadvantaged program in Munich, at the expense of At your feet a broken shackle lies signifying unemployed youth," he said. the Hans Seidel Foundation, is in the the freedom our nation gives Since 1978, 70001 has helped about 1,200 Your lips always seem to whisper "In God interest of the Senate and the United high school dropouts through four weeks of States. we trust" ... and we do pre-employment training. In training they Oh, majestic lady, Liberty Enlightening the learn how to fill out job applications, dress The select committee has received a World, for interviews and present themselves in the request for a determination under rule To you we DO bring our tired, our poor, our best way possible. 35, for Ms. Elizabeth Arens, of the huddled masses .. ·• Along with job skills development, 70001 staff of Senator ORRIN G. HATCH, to offers classes to help associates make better participate in a program in the Feder­ lives for themselves, teaching them a varie­ PROJECT 70001 al Republic of Germany, sponsored by ty of skills, including how to be better par­ the Konrad Adenauer Stiftung, from e Mr. QUAYLE. Mr. President, I ents. Many of the associates are single par­ June 21 to June 28, 1986. should like to insert in the RECORD a ents with little or no means of support. Once the students complete this program, The committee has determined that recent newspaper article on Project they are sent out on interviews. After they participation by Ms. Arens in the pro­ 70001, a successful program to reduce are hired, one of the 13 staff members con­ gram in the Federal Republic of Ger­ youth unemployment in Indianapolis, tinues contact with the former associates many, at the expense of the Konrad IN. With youth unemployment at for several months to ensure their success. Adenauer Stiftung, was in the interest such an unacceptably high level, it is Smith says about 80 percent of the associ­ of the Senate and the United States. all the more important to publicly rec­ ates do well. "About 20 percent we cannot help," he said. The select committee has received a ognize programs that are doing some­ request for a determination under rule thing about it. Once the associates get a taste of work, their ambitions grow, Smith said. "That's 35, for Mr. Donald F. Terry, a member Project 70001 is administered by the where they learn having an education can of the staff of the Joint Economic Near Eastside Multi-Services Center in make a difference." affiliation with the Indianapolis Alli­ Committee, to participate in a pro­ Volunteer and paid tutors help students gram in Ottawa and Montreal, ance for Jobs which is the private in­ prepare for the five-part high school equiva­ dustry council for Indianapolis that is lency examination. The program is perform­ Canada, sponsored by the Centre for required by the Job Training Partner­ ance-based and the tutors "contract" with Legislative Exchange, from July 7 to ship Act CJTPAl. I commend these or­ 70001, promising that a certain number will July 10, 1986. ganizations for their work in combat­ graduate. The committee has determined that ting youth unemployment. "Our kids just need some-one to show how participation by Mr. Terry in the pro­ I ask that the article, which ap­ to focus on what they need to do to suc­ gram in Canada, at the expense of the ceed," Smith said. Centre for Legislative Exchange, is in peared in the Indianapolis Star, be In the future, the project hopes to receive printed in the RECORD. federal grants to enhance its computer the interest of the Senate and the The article follows: learning programs and remedial work.e United States. SCHOOL DROPOUTS GET 2ND CHANCE AT 70001 The select committee has received a TO SUCCEED request for a determination under rule and the participation by Mr. Jatras in the pro­ then Bureau of Public Roads Ca predecessor gram in Taiwan, is in the interest of of the present Federal Highway Administra­ HAROLD K. "BUD" BURNS the Senate and the United States.e tion> joined together in a study to lay out a national network of highways to provide de­ •Mr. LEVIN. Mr. President, here in fense mobility within our country. The the Senate we spend most of our time REMARKS OF FRANCIS C. result was depicted on a 1921 map as a con­ debating grand designs or deciding TURNER COMMEMORATING nected network or roads bearing some re­ basic strategy. That is, perhaps, how THE 30th ANNIVERSARY OF semblance to our current Interstate system things have to be-but, in the process, maps. It was referred to as the Pershing we dare not forget that strategy is THE INTERSTATE HIGHWAY Map. SYSTEM In order to check out the tactical capabil­ only made real through the tangible •Mr. SYMMS. Mr. President, just a ity of this network, a field test was orga­ sacrifice of human beings and grand few weeks ago, on June 26, we cele­ nized in which a military convoy of trucks, designs are only implemented through brated National Interstate Day, com­ troops and necessary supplies would be the guts and determination of individ­ memorating the 30th anniversary of moved from Washington, D.C. to San Fran­ uals. cisco. The field commander of the Task I was reminded of that a few weeks the Interstate Highway System. I Force was an Army Lt. Colonel named made some remarks on the floor that Dwight D. Eisenhower. After much difficul­ ago when I had the privilege of pre­ day to call this important occasjon to ty and considerable local fanfare, the senting a Bronze Star, earned over 40 the attention of my colleagues. convoy finally arrived somewhat worn and years ago, to a man I am pround to In addition, The Road Information depleted in San Francisco about 2 % months call a constituent: Harold K. "Bud" Program CTRIPl organized a press after departing from Washington, D.C. Burns of Lansing, MI. Three decades later, Lt. Colonel Eisen­ While the delay in making that conference, including a birthday cake hower had become the supreme commander celebration, to mark this anniversary of all U.S. military forces-with the rank of award was unjustified, I am almost and honor the "father" of the Inter­ President of the United States. Colonel Ei­ glad that Bud's award got lost some­ state System, President Dwight D. Ei­ senhower of the 1920's and his long trans­ where in the haze of time and the senhower. Several Members and continental trek had laid the groundwork in maze of the military bureaucracy. Per­ former Members of Congress and ad­ his mind for the legislation he signed as haps if that Bronze Star had been pre­ ministration officials

• 16452 CONGRESSIONAL RECORD-SENATE July 15, 1986 Chinnock, Richard Edwin Harlan, David M. Miller, Gregory L. Cicora, Ralph Allen Harper, Donald Allen Mitchell, Dale Robert Clark, Bliss Watson Hartman, Mary E. Mitchell, John Brewster Clark, William B. Hatcher, Charles Page Mittauer, Mark William Cohen, Margaret Lynn Havener, Allen Vere Mole, Dale Michael Collette, Cora Jane Heil, John Randall Mondschein, Joseph Fran Collins, Jeremiah John Higgins, Stanley Michael Monson, Steven Robert Cone, Nancy Elizabeth Hiland, Dave Monson, Thurston, Olaf I. Conley, Laurence David Him.melreich, Lester Leo Moore, Gregory Robert Connito, David J. Hobson, Joseph Moore, Joseph Lee Connolly, John Patrick Hollander, William T. Moreci, James Anthony Corse, William R. Horry, Malcolm Holmes Morford, Michael C. Cottrell, Alfred Charle Hudak, Gary Russell Morgan, Fredric Charles Courtney, Michael Doyle Hudler, John G. Morin, Lee Miller Emile Crouse, Kevin Michel Hughes, John Thomas Morissette, Jeffery Cle Crowley, John W. Immerman, Katherine Morra, Marcus Napoleone Cullom, Susan C. Ingram, Laverne C. Mosborg, David Alan Cunningham, Christopher Jagoda, Andy Sam Mozzetti, Michael D. Cunningham, Dean Scott Jany, Richard Stephen Mullen, John Reagan CUpo, Leonard N. Jepsen, Stephen J. Munter, David William Curtin, Timothy Joseph Johnson, Leonard Alan Nakashima, James L. Curtis, Michael Elliot Jones, Clement K. Nemec, Richard Louis Danaher, Patrick Robert Juliano, Paul Joseph Nepp, Mark Edward Daniels, Deborah A. Kai.me, Elaine Melissa Neuhauser, Andrew Phill Darcy, Teresa Ann Kallman, David Alan Newell, Donald Edward Davies, David E. Katan, Brian Schott Norvell, Jennifer Lynn Davis, Charles B. Kauffman, William M. Nozicka, Charles Anthon Davis, Cynthia Gail Kaweski, Susan Olshaker, Robert Andrew Delacey, William A. Kearns, Larien Douglas Olson, John Leroy Delisi, Michael D. Kelly, Brian John Oneill, John Francis Deloachbanta, Linda Jan Kerrigan, Frank Theodore Orr, Brian Gerrard Demarco, James Kevin Kerrigan, Janet Marie Ove, Peter N. Depner, Mary Anne Kimelheim., Robert A. Parfitt, Richard C. Dickson, David Perry Kistler, Aaron M. Pecsok, James Louis Dohm, John Klemm, Michael Steven Pennington, Cathryn Rub Dubik, Michael Carlyle Knight, James F. Perciballi, John Angelo Dubinsky, Diane Eve Koeller, Kelly Karl Perkins, Terry R. Duckett, John Gerard Kohm, Maryjane Thorpe Petty, Robert H. Dunham, Rodney Kore, Michael A. Pindiak, Steven James Dunseath, Rodney Alan Kragel, Peter Jude Pingrey, Gary Richard Durante, Laurence Josep Kramer, Hal P. Porter, Henry Olin, III. Easter, Wayne La Marne Krouner, Andrew D. Potts, James Michael Ebersole, Russell Edgar Larkin, Timothy J. Pray, Clyde William, Jr. Edelman, Martin Joseph Larocco, Anthony, Jr. Prior, Charles Anthony Edwards, Ernest L., Jr. Lebar, Randi D. Pyeatt, John Dudley, III Edwards, Mark Lee, Robert Hammill Raspa, Robert Franklin Emerson, Maura Ann Leicht, Craig Howard Reed, William Homer Enright, Michael J. Leitheiser, Gregory Jos Reilly, Thomas Joseph Ertl, Janika Paul Lemons, Freddye M. Renken, Ralph William Everett, John E. Leoni, Patrick A. Ricciardi, Michael Thom Fawcett, Brian P. Leib, Thomas Francis Richardson, George Fred Fazio, Gregory Paul Lieberman, Joshua Mitch Ringler, Robert Lloyd J. Feinberg, Gary M. Lineberry, Paul J. Robben, Christopher P. Findley, Michael Stan Lockhart, Ricky Roberts, Lawrence Henry Flax, Bruce Laurence Lopez, Joseph I. Rodelsperger, George Ed Ford, Michael Patrick Love, Ralph Wayne Ross, Marla Ford, Michael Ray Lucey, Paul Daniel Roure, Angel Rafael Forte, William. Jarvis Mackey, Kenneth Wayne Rucker, Elleston Craig Fox, Stephen Douglas MacMahon,FrancisR. Rupert, Angus Harrison Fuller, Nancy Sue Macris, George Patrick Rushing, Elisabeth Jane Gambon, Thomas Francis Maher, Daniel Patrick Russel, Timothy Joseph Ganey, John Timothy Mancini, Pamela M. Salmon, Richard Francis Gangloff, Janette Manus, Stephen Michael Sanborn, Richard Collin Gasser, Charles Markey, Brian James Sansing, Mary Tinsely Gerardi, Joseph Anthony Marrocco, William Alexa Sayers, Michael Eugene Gerardi, Sharon Nemeche Martin, Franklin McLain Schor, Kenneth Wilson Gem, James Elliot Martin, Fredrick Allan Schram!, Frank Vernon Gettys, Richard Henry J. Martin, Peter J. Schwartz, Paul Eric Gill, Christine Bozek Martin, Robert C. Seago, Randall E. Givens, Jerry Samuel Marty, Aileen M. Seibert, Louis E. Gloria, Stephen Brian McClellan, David Scott Sentell, John William Gold, Steven R. McGee, John Joseph Seymore, Russell Jeffre Grabowy, Marion Sophia McGuyer, Curtis Austin Shadle, Eric Wayne Graves, Robert Leland McKenna, Patrick Hayes Sheridan, Mark Vincent Grier, Douglas Howard McMillan, David Lee Shingler, John Monroe Griffen, Daniel Leonard McNeely, Kevin W. Siebenaler, Jean Anne Griffies, William Scott McQuillan, Patrick Mich Skeen, Mark Brian Grubb, Larry K. Meadows, Lora Kim Small, William Curtis Guiffre, Debra Yvonne Mehl, John Kurt Smith, Bradley Paul Gunselman, Joseph Gerar Meisenberg, Barry Ross Soika, Christopher W. Haluszka, Mary M. Menard, Ralph G. Southerland, David Grah Haluszka, Oleh Meth, Bruce Michael Sovich, Steven Michael Hansen, Dale E., Jr. Milian, Nester Edwardo Spaulding, Richard P. Hanson, Robert Kevin Miller, David Owen Staehr, Patricia Ann July 15, 1986 CONGRESSIONAL RECORD-SENATE 16453 Steele, Carl Edward Feay, William F. Presto, Anthony F. Sugihare, Corine S. Fink, William M. Priest, Kevin Michael Summa, Richard Alan Fisher, Scott Ward Prince, Stephen Anthony Sundermann, John Morgan Franklin, Donald Eugene Pulver, Craig A. Swajkosk.i, Alan Robert Fuzy, Michael, III Query, Michael F. Ternes, John Phillip Gauspohl, Robert William Quinn, William C. Thomas, Hugh Wesley Geis, Everett Lee Ratliff, William G. Tidwell, James IJewelly George, James R. Rauch, Douglas Louis Tobin, Michael Lawrence Glassman, Howard E. Recla, Kenneth John Tork.ildson, Joseph Char Goeks, Greg J. Rhea, Russell H. Torp, Vera Anne Grady, Thomas Michael Richey, Paul Richard Travers, John D. Grasso, Frank Rosario Roark, Douglas S. Tudor, Gene G. Halma, John Oscar Rourke, Edward J. Turton, David Bryan Hale, Sharon Renee Roy, Peggy Jo Vazquez, Emilio de Jesu Halloran, Michael David Ryan, Daniel F. Vespe, John Robert Hammer, Roger Elliott, Jr. Sanders, John Arley Vincent, Robert D., Jr. Harnitchek, Mark David Sanders, John Philip, Jr. Walker, Erik Charles Hart, Monte Risher Sawyer, Timothy Gary Wall, John D. Hassler, Patrick W. Schafer, Gerald Robert Walsh, Daniel Patrick Hendrix, Kurt Thomas Scheffs, Dale K. Watkins, Walter Frederi Heming, George F. Schill, William D. Watson, Murrah Lenton J. Hester, David Lee Schonenberg, Todd Richard Weimer, Carl E. Heyen, Larry Ray Sherwood, Nicholas Lynn Weimersk.irch, Peter John Hickinbotham, Michael W. Shockley, Danny Andrew Weiner, Richard A. Hicky, John S. Short, William B. Weiss, Walter Ralph Higgins, John Lawrence Sillman, James Henry Welch, Michael Dee Hoffman, Dennis Joseph Slough, Mary Lynn Wentzel, David Christie Hoffmann, Donald Bernard Smith, Jane Reno Westbrook, Thomas G. Howard, Robert L. Speights, Richard Lenarrell Wetmore, Karen Elaine Huff, Andrew Duane Spicer, William Harold Wheeler, William Walter Jackson, Michael Allen Stanovich, John Michael Wilcox David William Japalucci, Donald Jeffrey Steffen, Thomas E. Williams, Ronald James Jensen, Ward Douglas Sterrett, Steven Craig Wilson Clay S. Kapsch, Michael Robert Stoshak, Ronald Leo Wilson, Gary J. Karnas, Henry Peter, Jr. Stryker, Bruce William, Jr. Wilson Joseph Frederic Kaso, John Joseph Winder, Mark Stephen Sutter, Robert Katz, Rebecca Adams Switzer, Charles Tobias Wortham, Roger Lee Kelly, Diane Christine Youngblood, Patricia D. Tanks, Wendell Daniel Klose, Keith Darwin Taylor, Shaun K. Zebooker, Patricia Gerh Knight, Robert L. Thompson, Rodney M. SUPPLY CORPS (310Xl Kobi, James Stephen Thornton, Connie Lou Adams, Keith Thomas Koenig, Stephen Lee Toperoff, Lawrence Barry Allen, Douglas J. Konetsk.i, Mark Leonard Trowbridge, Jay R. Anderson, Chesta Taylor Lake, Robert Hess, Jr. Tryon, Michael Patrick Anderson, Michael Jay Lambard, David Chrysogonus Tucker, Curtis Heigh Annunziata, Kimberly Joy Lamont, Chris Andrew Twigg, Jerrold Leon Baker, James M. Levalley, James Michael Vause, Steven Michael Belcher, Bruce Robert Lingo, Robert Scott Warchal, Michael Anthony Bennett, George E. Lockwood, Linnae Molett Warmington, Jeffery Allen Benton, Steven D. Lodge, Terry Craig Wenberg, Marvin Carl, II Bernhardt, Karl Heinz Luster, Harry Clarence Westfall, Gary Wayne Boozer, George David Lyden, Michael J. White, Kevin Lawrence Boyd, Barry Blane Mackel, Andrew Goodwin Wilkerson, Peter Francis Brown, Larry Randolph Maibaum, David W. Williams, Robert Leon Brown, Martin J. Mason, Robert NMN Williams, Thomas Brooks Burchill, Gary W. Matens, Jeffrey Browning Woodcock, Charles John Burleigh, Gerald Arthur Mathews, Dave Franklin Butler, Richard Darrow Maus, James Albert CHAPLAIN CORPS (410Xl Calloway, Donald Roy McDonald, Charles David Allen, Allen Cagle Cartwright, Howard, Jr. McGaughey, Christina Beards! Bird, Stephen Alan Chapman, Gary Jon McGinnis, Richard Scott Botton, Kenneth Vance Clements, Joe Donald, Jr. McGowan, Allen William Branscum, Dan Cecil Clift, Michael Steven Mcilravy, Thomas Paul Brown, Michael 0. Cook, James Marcus McKenna, Richard Bruce Brown, Norman Franklin Cook, Raymond H. Messman, John Robert Brown, Robert Andrew Corderman, Gary W. Metts, Michael Joseph Burns, Robert James, Jr. Cowart, James Steven Mikac, Joseph Stephen Burt, Robert Francis Culbertson, Matthew D. Mitchell, George Kertz, Jr. Byrum, George Philip Culbreath, Adrian Joseph Mooney, John Edward Cadenhead, Julia Thamel Dahl, Edward Arthur Moses, Robert L. Danner, James Lasley David, Richard M., Jr. Newman, Marvin Dickson Diaz, John Louis Davison, Dexter Oneal Nielsen, Christ Robert, IV Elkin, Frederic Francis Deamer, Harry A. Ober, Stephen Courtney Falkenthal, Thomas William Deets, Douglas Michael O'Brien, Thomas Frederick Feagle, Robert H. Deschauer, Richard Michael Odom, Hart Salbide Fosback, Chris Elmer Devries, Henry John Olson, Stephen Jeffry Griffin, Kenneth Lamar Dittmeier, John S. Otto, Cindra Ella Griffith, James Albert Donaldson, Morgan Leslie Palenshus, David L. Gubbins, John Manion Douglas, David S. Parsons, Robert Douglas Gwudz, John Stanley Downey, Daniel L. Pearson, James Andrew Hale, Robert Miles Duffy, James Francis Petty, Roger Ellsworth Haynes, Michael Wayne Duncan, Charles Ray Pine, Glenn Raymond Hermann, Rory Michael Durso, James Dougherty Potter, William Arthur Holland, Earnest Warren, Jr. Endres, Joseph Robert Powden, Michael Dennis Iasiello, Louis Vito 16454 CONGRESSIONAL RECORD-SENATE July 15, 1986 Jones, Alphonso JUDGE ADVOCATE GENERAL'S CORPS (250Xl Vandercreek, John Arthur Kaul, John Leslie Bengtson, Dennis Gordon Webb, Paul Elwood Kirk, John E. Clemmons, Byard Quigg Webb, Randall Edwin Knopp, Alfred Leo Cook, Loeva Jane Welbourn, Barton Reid Kreiensieck, Ronald Arthur Crisalli, Donna Marie Wiemann, Alfred Hanniba Leslie, Red Napoleon, Jr. Davenport, Teresa Joann Wiggin, Thomas Hollis Liguori, Henry August Devins, Thomas Albert J. Winegard, Elaine Ruth Lippincott, Marvin Harold Edwards, Jonathan Phili Wray, Roger Dale Lodge, Richard Andrew Evans, Richard Thomas Yardumian, Robert Perry Michener, Raymond William Hohenstein, James Howar Young, Samuel Milewski, Robert Francis McCarthy, Julian D. MEDICAL SERVICE CORPS (230Xl Moore, Richard Kenneth McPherson, James Edwin Murphy, Pleasant Lawrence, Jr. Meade, Charles Allen Acklin, Robert Allen, Jr. Nixon Henry, Jr. Newman, Melvin Douglas Astrachan, Stephen Mite Nordhaus, Jeffrey John Overby, Earl Franklin Benjamin, Justus, Jr. Panitz, Jonathan A. Rouse, Harry V. Boenecke, Clayton A. Powers, Richard M. Russell, Jeffrey Richar Brammer, Gregory Prescott, William Clarke Edw Sanders, Clayton R. Brooks, Marcel William Quinn, John Thomas Stallings, Stephen Anth Brophy, Michael Andrew Ramsey, Ira Eugene Storz, William Thomas Burden, Thomas William Reed, David Dewayne Suszan, Michael Joel Burdess, Richard L. Ritter, Steven Carl Swartz, Marc Leonard Butner, Glen Arthur Rodriguez, Robert Joseph Talson, Steven M. Crisman, Ronald Paul Simons, Gary Galen Wasilenko, Ronald Steph Croxton, Joel David Sims, Timothy Calhoun Curley, Ronald Douglas Stahl, Martin Russell DENTAL CORPS <220X) Deaton, John Earl Starkey, David Alan Bailey, Stephen W. Deliz, Donald Edward, Sr. Swafford, Ronald Leonard, Sr. Baker, Sharon Kay Denzer, Patricia Marie Valko, Robert A. Bald, Francis A. Dilorenzomcgarr, Cynthi Vanderbilt, David Stanley Barnes, David George Edwards, Roger Dean Verner, Thomas Robert Bigelow, Gilbert IDysse Farrand, David Everett Vukovich, Alex Black, Jay Allan Feith, Steven Joseph Black, Sherrie L. CIVIL ENGINEER CORPS ( 51 OX) Fletcher, Richard James Brown, Lyndon Bruce Glennie, David Lee Amarantides, John Cade, Thomas Alan Ball, John Lamson Godwin, Rufus Eugene Campbell, Jack Parker Goff, Billie Gayle Barker, Stephen Eugene Carroll, William Brent Brandt, John C., III Guido, Anthony Robert Casiliobixler, Lanetta Hannah, Ken Even Buchanan, Gregory James Cherry, Carlton Dale Claussen, Mark D. Hassan, Lynn Carol Denunzio, Mark Steven Heller, Randal George Conaway, Michael Harold DePaul, John Michael, Jr. Curnutt, Donald Duane Hilton, Thomas Frederic Dobyns, Michael L. Kelleher, Dennis Lucas Davis, Robert Emmett Erbland, Christopher Ro Desaulniers, Eugene Wilfred Kennedy, David Lawrence Fox, Steven Charles Kersbergen, John Judson Desilva, Kumar Gerard Garrett, Wanda Faye Draper, John Daniel, Jr. Lacy, Nathan Glynn, David William Little, Thomas C., J. Eckert, Andrew Norman · Golden, William Glen Elvey, William M. McDonough, James Connol Haas, Stephen Beckley McGinnis, James A. Eng, Edward Heffernan, James Gregor George, Roscoe D., III McLester, Robert Gibson Hetzer, Mark Thomas Monroy, Rodney Lynn Griffith, Andrew S. Holt, James Gilbert Gunther, Gary W. Murphy, Barry Arthur Huber, Michaell Andrew Music, Christian Gerhar Hertwig, Ronald W. Hudson, Thomas Clay Hill, Michael L. Imray, Scott William Newacheck, James Scott Hinchman, Steven Brandt Ingalls, Donald Lee Nolen, Leslie C., Jr. Hoppe, William James Jerome, Charles Edward Paoloni, Claude Barry Hyde, Robert William Keating, Gregory Vail Pattison, Michael Duane Kelm, Brian Robert Keenan, James V. Pettebone, Stephen Char Pickerel, Carol Ann Laws, Larry A~ Labberton, Wells Kurt Lynn, Diann Karin Leasure, Sara Lois Edwa Puksta, Charles Peter J. McClure, Robert Daniel Lindauer, Paul Anthony Quillen, William Sanfor McMahon, Paul G. Ludwig, Leah Marie Reibling, John Shinners McNutt, Thomas D. McKeever, Bradley George Robertson, Daniel Leroy Mengel, William M. McMaster, Dana Robert Roth, Faye Ann Merton, Robert Edwin Melvin, Walter L., Salmond, Lynda Ann Migliore, Mark Peter Mertz, Kenneth Alexander Sandoval, Paul Ralph Mikula, Kevin E. Millarbrunhofer, Lorna Scarborough, Danny Roy Mustain, Jennifer Lynn Mollenhour, William F. Schuyler, Christopher L. Mustain, Roger S. Nelson, Elaine Sebbio, Anthony August Obetts, Charles Joseph, Jr. Neupert Edward Anthony Siegel, Brian S. Pfannenstiel, Gary A. Regan, Daniel Albert Snyder, Daniel James Pfarrer, Mark Daniel Rhodenbaugh, Jeffrey D. Souza, Joseph Ernest Phalon, Steven J. Robertson, Charles Leon Stevenson, Hugh Robert Plockmeyer, Dennis Roger Rolf, Kurt Conrad Sullivan, Robert Walter Reddish, Harold J. Royer, Marian Ann Tedeschi, Robert J. Samuels, Mark B. Schwartz, Joel Lawrence Titi, Richard J. Scanlan, Philip R. Smith, Thomas B. Vesper, Bruce Eugene Serafini, Lawrence George Southard, Thomas Edward Wax, James Paul Smith, Eric C. Spencer, Craig Winsor Welter, Patrick John Smith, Frederick Russel St Raymond, Albert H., II Wilkens, Robert Charles Stirling, James S. Sturtz, Barbara Ann Williams, Richard Waldo Strickland, Stanley R. Sturtz, David Hael Williamson, Donald Jame Syversen, Carl Eric Thaler, John Joseph Younger, Larry Leroy Verhofstadt, Albert Pol Toomey, Kevin Francis NURSE CORPS (290Xl Wall, Richard A. Turner, Blake Hobart Allushuski, Patricia M. July 15, 1986 CONGRESSIONAL RECORD-SENATE 16455 Baker, Susan Catherine McCleary, Myron Lynn LIMITED DUTY OFFICER (SUPPLY) (651X) Banks, James William, Jr. Mccosh, Carolyn Bishop Alligood, Clifford James Barnes, Wendy Lea McGrath, Mary Cecilia Bates, John William Bashford, Jeffrey Arthu Meredith, Juanita V. C. Cannon, Hammond G., Jr. Brennan, Rama Francine Meyer, Kort Joseph Christopher, John Jeff, Jr. Burnett, Bruce Lee Moos, Magdalene Ann Frontiero, Anthony Peter Butler, Regina Claire Mulligan, Anne Marie Giusti, Richard Francis Camosy, Dennis Dominic Nowicki, Mark Richard Gozum, Rogelio Torres Campbell, Vernon George Nunns, William Thomas Hollis, Roy Allen, Jr. Carley, Jerry Ray Piwowarczyk, Susan Anne Holstein, Augustine Charles Conte, Mary Margaret Reinke, Jolee Mary Klump, Paul Lucas Lane, Aubrey Eugene Coulapides, Debora Ann Robinson, Martin Mikell Coyle, Cynthia Ann Silv Moreno, Mariano 0., Jr. Romine, Carol Anne Pigeon, Roger Emile Denny, Michael Patrick Rossa, Peter Paul, IV Donaldson, Wayne Morris Sulzer, Thomas Gene Rowett, Stephen Leonard Travis, Glen Alvin Doyle, Karen Anne Savage, Shelley Ann Dresher, Joyce Earlene Skupski, Francis Ruth LIMITED DUTY OFFICER (CIVIL ENGINEER CORPS) Dube, Joan Faye Slagle, Lowell Elwood J. (653Xl Elliott, Karen Gulledge Smith, Janet Ann Haefner, Wayne David Flippo, Michael Kent Spaid, Cynthia Louise Jones, Hubert S. Foeste, Shari Ann States, Marilin Barbara Salling, Elmer Chriss Foster, Raymond John Storms, John Munson, Jr. Zoeli, Nicholas Francis, Jr. Gardner, Steven Douglas Stringer, Thomas Jeffer Guthridgelind, Debra Da Sutton, Donald Lamar Hearin, Linda Gwen CONFIRMATION Tanner, Pamela Kay Hill, Nancy Lea Terrell, Isaac Executive nomination confirmed by Hom, Peter Thomas the Senate July 15, 1986: Hulet, Ken Francis Thurber, Jean Ann Janikowski, Debra Lee Tierney, Raymond Franci CONSUMER PRODUCT SAFETY COMMISSION Jones, Hilda R. Tillman, Harry John Terrence M. Scanlon, of the District of Jordan, Kathy Ann Trowbridge, Marvin Dale Columbia, to be Chairman of the Consumer Killman, Judith Ann Twomey, John Gerard, Jr. Product Safety Commission. Lake, Nancy Gwendolyn Ulaszek, Deborah Lynn The above nomination was approved sub­ Lawson, Wallace Edgar Vansickle, Bruce Howard ject to the nominee's commitment to re­ Littrell, Susan Mae Vega, Eli Samuel spond to requests to appear and testify MacMurray, Joanne Marie Weader, Steven Harry before any duly constituted committee of Mahsman, Susan Diana Wilson, Blane Morgan the Senate.