3904 CONGRESSIONAL RECORD-SENATE February 23, 1987 SENATE-Monday, February 23, 1987 The Senate met at 2 p.m. and was RECOGNITION OF THE was making him sick. "Why is it that called· to order by the Honorable MAJORITY LEADER coming here in the morning and feel WYCHE FOWLER, Jr., a Senator from The ACTING PRESIDENT pro tem ing very well, after a short time we the State of Georgia. pore. The Chair recognizes the majori feel as if a cord was bound tight PRAYER ty leader of the Senate, Mr. BYRD. around our heads over our eyes?" he asked. It was, he had determined, be The Chaplain, the Reverend Rich Mr. BYRD. Mr. President, last Thursday the Senate adopted a con cause the Chamber was too dry, the ard C. Halverson, D.D., offered the fol current resolution authorizing the air too stale. Senators had him to lowing prayer. printing, as a Senate document, of my thank, he told them, for some mild Let us pray. series of speeches on the history of relief, because, at his insistence "pan Blessed are the peacemakers.-Mat the Senate. The resolution was sub after pan" of water was set out in the thew 5:9. mitted by Senator STEVENS and co basement to evaporate and humidify Mighty God of truth and justice, sponsored by the chairman of the the Chamber. · when we think about it, we realize Rules Committee, Senator F'ORD. I Senators were to wait another 70 that alienation is the greatest evil. wish to take this moment to thank years before Conkling's complaints Senator FORD for his gracious remarks about the Chamber's climate would be Whether husband and wife are alien satisfactorily addressed. ated-parent and child-management and for his leadership which enabled and labor-black and white-or nation the resolution to be so swiftly adopted. and nation-alienation is the most de I take to heart Senator FoRD's THE TRUTH ABOUT NICARAGUA thoughtful comments regarding my structive force in history. Dividing it Mr. DOLE. Mr. President, if I read conquers. Grant us the honesty to Senate history speeches, and I appreci ate his comments very much. the legislative agenda correctly, it is admit that peace between nations is a likely that we are going to take up the myth if we make war among ourselves. issue of aid to the freedom fighters in Give us the will to seek peace with RECOGNITION OF THE Nicaragua, the so-called Contras, in spouse, children, neighbors, peers, REPUBLICAN LEADER the coming weeks. As seems to be our those of other persuasions, races and The PRESIDING OFFICER. Under habit, as we begin our debate on this cultures. Help us to see the contradic the standing order, the Republican issue, we seem to be concentrating on tion-the hypocrisy-of promoting leader is recognized. everything under the Sun except the peace in the world while we make war situation on the ground in Nicaragua. The headlines we see are mostly at home. BICENTENNIAL MINUTE God of love, help us to understand about differences among the leader that reconciliation is the only remedy FEBRUARY 23, <1881l: SENATOR CONKLING ON ship of the united Nicaraguan opposi for the evil of alienation from which THE SENATE CHAMBER tion, the U.N.O. Our investigative ef all other evils spring. May we heed the Mr. DOLE. Mr. President, I think forts remain focused on finding out wisdom of Jesus that all the law is ful my colleagues would agree that we are what money may, or may not, have filled when we love God and our all pretty comfortable in this Cham flowed through some Swiss bank ac neighbor. Give us grace to disdain-to ber-warm enough in winter, cool counts to the Contras. And, up here on enough in summer. It has not always Capitol Hill, we are all busy doing vote resist this fountain of evil-alien been thus, however. On February 23, counts. And, let me be clear, those are ation-help us to love one another. In 1881, 106 years ago today, one Senator all important elements of this issue. the name of Him Who is the Prince of took to the floor to enumerate the But, in the meantime, Sandinista re Peace. Amen. Chamber's faults. That Senator was pression continues unabated at home. the handsome Roscoe Conkling of And we seem to pay that fact little at New York, a man known for his vola tention. APPOINTMENT OF ACTING tile temper and elaborate rhetoric. The Sandinistas have sabotaged yet PRESIDENT PRO TEMPORE At issue that day was a bill authoriz another effort at a negotiated settle The PRESIDING OFFICER. The ing the acquisition of land for a build ment, this one launched by the demo clerk will please read a communication ing for the Library of Congress, then cratic governments of Central Amer to the Senate from the President pro wedged into cramped quarters in the ica. There has been nary a peep of tempore [Mr. STENNIS]. Capitol. Conkling's worst enemies sup complaint from those-including some The assistant legislative clerk read ported the bill, and probably for that in this body-who jump at the slight the following letter: reason alone, Conkling opposed it. est opportunity to accuse the Presi U.S. SENATE, Why not enlarge the Capitol to accom dent of all kinds of perfidy in Central PRESIDENT PRO TEMPORE, modate the overflowing Library, he America. If Ronald Reagan had an Washington, DC, February 23, 1987. asked. When a Senator responded that nounced we wanted no part of a Cen To the Senate: the Capitol was a perfect building, tral American peace initiative, the Under the provisions of rule I, section 3, Conkling exploded. floor of the Senate would have re of the Standing Rules of the Senate, I The Capitol had been growing ever sounded with outrage; the pages of the hereby appoint the Honorable WYCHE since the Congress moved to Washing Times and the Post would have been FOWLER, Jr., a Senator from the State of ton in 1800, he rightly argued. The filled with op-eds of denuniciation. Georgia, to perform the duties of the Chair. But we see not a single statement criti JOHN c. STENNIS, huge wing housing the Senate Cham President pro tempore. ber had been added only 20 years earli cizing Ortega; not a single "Dear Com er. And, he thundered, that Chamber mandante" letter urging him to recon Mr. FOWLER thereupon assumed was far from perfect. It was a stifling sider; not a single demand that Daniel the chair as Acting President pro tem "iron box from which neither sky nor Ortega and his crowd respond in good pore. earth nor tree nor any other of na faith to the proposals of their neigh ture's signs /are/ visible." The place bors.
• This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. February 23, 1987 CONGRESSIONAL RECORD-SENATE 3905 In order to try to add at least a bit of daughter, Cristiana, here in Washing sealed and exposed to the sun," the report information on what is going on inside ton last year. And I would encourage says. Nicaragua to our debate, and to give a any of my colleagues who have the op "Other persons disappear and are not seen fairer picture of the administration's alive again." portunity to speak directly with any of Prisoners were not the only victims in real policy-not the caricature of it these members of the Chamorro Nicaragua in 1986, according to the report, that is usually presented by adminis family I have mentioned. To get a real which repeats allegations that the Sandinis tration critics-I want to put several insight of what happening, I certainly tas were using "death squads" for the exe items in the RECORD today. recommend it to any of my colleagues cution of rural residents, mostly young The first is an article that appeared on either side of the issue. males, considered sympathetic to the resist last week in the Washington Times en Finally, I would also like to insert in ance forces fighting the Marxist regime. titled, "Sandinista Abuses Are as Bad the RECORD a recent speech by Secre The allegations of death squads were first as Ever, State Report Charges." The voiced by Nicaraguan refugees entering tary of State George Shultz to the Costa Rican camps after fleeing the Atlan article cites evidence, from the newly American Bar Association. It is a thor published annual Human Rights tic coast region last year. The department ough, detailed account of what is notes that like most reports concerning the report of the State Department, on going on in Nicaragua-the Soviet and massacre of civilians in remote areas, "it has the continuing mass arrests and inhu Cuban penetration; the massive mili proven extremely difficult to obtain objec mane repression being carried out by tary buildup; the support of insurgen tive independent verification." the Sandinistas. Over the past year, cies in the region; the sabotage of ef At the same time, however, it says Sandi the Times account notes, the Sandinis forts toward a negotiated settlement; nista authorities themselves confirmed on tas have conducted mass arrests, in and the widespread repression at at least one occasion last March that in El cluding on one occasion the arrest of Jicote, the entire male population of one vil the entire male population of a village. home. lage was detained on suspicion of counter And it also contains a good, compre revoluntary involvement. They have actually admitted 3,000 hensive analysis of American policy-a such arrests, and there were many As of September 1986, the Sandinista gov· more. policy which includes, but is not limit ernment had announced the detention of ed to, aid to the Contras. And which is more than 3,000 people on suspicion of in Those arrested, the Times quotes aimed at three simple goals; the pres volvement in "counterrevolution," according the State Department report as ervation of our national security; the to the report. saying, are subject to "A deliberate Dozens of other examples of human policy of • • • undermining their will peace and security of our allies and friends in Central America; and the rights violations in Nicaragua are cited in to resist," through such tactics as the report: the forced closures of independ beatings to, and again this is a quote, freedom of the Nicaraguan people. ent, government controlled mass media; the "exposure to homosexual rape as a so Mr. President, I ask that all three of continuing involuntary relocation of citi called disciplinary measure." Some po these items be printed in the RECORD, zens; forced exile of religious leaders; and ci litical prisoners are executed outright, and I encourage all Senators to read vilian deaths resulting from the Sandinista and there are also reports of Sandi them carefully. military's 'indiscriminate use of artillery There being no objection, the mar and air bombardment." nista "Death Squads," who murder In the Soviet Union, the report says, those young, rural males believed sympa terial was ordered to be printed in the RECORD, as follows: who attempt to exercise basic rights face thetic to the Contras, and the execu arrest, trial, imprisonment or internment in tion of political prisoners. In sum, it is SANDINISTA ABUSES ARE AS BAD AS EVER, psychiatric hospitals. yet another tragic chapter in the on STATE REPORT CHARGES "Human rights monitors, religious beliefs, going saga of Sandinista terror and re police and military exercising morro, former editor of La Prensa supporters and sympathizers. "extraordinary arrest and detention the paper which, until its closing by Those arrested were commonly subjected powers" often quelled demonstration with the Sandinistas last year, was the last to "intense" physical and psychological tor "excessive force, .. using tear gas, bird shot, voice of freedom in Nicaragua. The ar ture by Sandinista authorities. whips and, at times, live ammunition, the An advance copy of the report, scheduled report says. ticle tells of the division of the Cha It cites some 1,300 unrest-related deaths morro family-by geography and ide for release today, was obtained by the Washington Times. · from January to November last year, an in ology. And it tells of the brave efforts The 1,350-page State Department docu crease of 879 deaths over the 1985 total. of Carlos and Violetta Chamorro, ment also reports "severe" cases of human The report also criticizes the Pretoria gov Pedro's son and widow, to try to keep rights violations in the Soviet Union, South ernment for not requiring notification of an publishing La Prensa, and to stand up Africa, Angola and Chile, among others. individual's family in the event of his deten for freedom in their own country. And It cites instances of torture and inhumane tion or arrest. In the weeks following the it also tells of Pedro, Jr., another son, treatment of Political prisoners by Nicara government's June 12 state of emergency who from exile in Costa Rica runs a guan security officials aided by Soviet bloc declaration last year, various human rights second paper supporting freedom in and Cuban advisers. groups estimated the number of ''disap The department is required to report to peared" persons at 12,000 or more. Nicaragua. Congress annually on the human rights "Some, missing for very long periods of I would like to share one quote from record in countries that are members of the time, are suspected by friends and associates Pedro, Jr., which sums up about as United Nations or receive U.S. foreign aid. to have been killed by security forces," the well as any I've heard the real prob "The [Sandinista] government appears to report says. lem in Nicaragua. Pedro says, "Our have a deliberate policy of degrading politi In a related development, the United problem is that we don't have a coun cal prisoners and undermining their will to States was criticized for its human rights try. Our republic has been sold into resist," The report says, citing practice from practices yesterday by Amnesty Internation executions and beatings to "exposure to ho al USA, a worldwide human rights organiza the hands of foreigners-the Cubans mosexual rape as so-called disciplinary tion, which said the use of the death penal and the Russians-by the Sandinis measures." ty in the United States "appeared to be ar tas." "In at least the Zona Franca prison, in bitrary and racially biased, and clearly vio I might also add that I had the privi mates are reported to be punished by being lated international treaties signed by the lege of meeting Violetta and her placed in the 'sucker' an old truck body U.S. government." 3906 CONGRESSIONAL RECORD-SENATE February 23, 1987 Launching a worldwide-campaign against almost as formidable as those within his The realities of the New World have often the U.S. death penalty, Amnesty Interna own family. Whether he can succeed in his fallen tragically short of these ideals. The tional said evidence suggested the penalty aim.of resolving the sharp disputes between majority of this hemisphere's citizens have had become "a horrifying lottery" in which UNO and the main guerrilla organization, not enjoyed the blessings and opportunities politics, money, race and where a crime was the Nicaraguan Democratic Force, remains of North America. Nor was there freedom committed could play a more decisive part to be seen, since t he elements of the split here for pre-conquest natives or for those. in sending a defendant to the death cham apparently are still there. who arrived afterwards as slaves. Latin ber than the circumstances of the crime While resigning as one of the three lead America has suffered dictatorship and insta itself. ers of UNO, Calero insisted on retaining his bility for most of its history. As recently as position as president of the Nicaraguan a few years ago, only one-third of Latin NICARAGUAN FAMILY FIGHTS OWN CIVIL WAR Democratic Force. America enjoyed democratic government. · Costa Rican Civil Guard mandantes have now added some 30 Soviet in 1986. One by one, all other independent unit in an unprovoked attack. Costa Rica PT-76 light tanks. None of Nicaragua's voices-including the Catholic Radio sta- which has no standing army-remains par- neighbors has such weapons. 3908 CONGRESSIONAL RECORD-SENATE February 23, 1987 Like Cuba, Nicaragua is becoming a strate tion of American States. We, and our with a gun at their head, to put down their gic asset to the Soviets. At Punta Huete, the friends in Central America, have taken self oppressors without some guns in their own Nicaraguans with Cuban assistance have defense measures which are entirely consist hands provided by friends and neighbors. built a 10,000 foot airstrip, large enough to ent with our treaty obligations. We intend We have cooperated in the Contadora handle apy aircraft in the Soviet arsenal, to continue those measures until effective process as one way of achieving a negotiated from high performance MIG fighters to re steps have been taken to remove the threat resolution of the issues, and of bringing to connaissance planes something special about Wisconsin workers. The most popular theory in the business When Jim Garlich, manager of the new The head of personnel for a Milwaukee community is that this work ethic comes Serta mattress factory in Beloit, recently manufacturer with facilities elsewhere in from people who are descended from north presented his yearend personnel report to the nation says he doesn't see any differ ern Europeans-and that older people pos Serta headquarters in St. Louis, his bosses ence between its Wisconsin employes and its sess far more work ethic than young people. didn't believe it at first. They had never employes elsewhere . . Not surprisingly, this theory is most often seen such perfect employe attendance. He says the degree of work ethic in a fac expressed by businessmen-middle-aged or Garlich, a native of St. Louis, says: tory tends to depend upon whether the fac older-who are descendants of northern Eu "Where I'm from, if people don't feel well, tory was established in recent years or had ropeans. 3912 CONGRESSIONAL RECORD-SENATE February 23, 1987 Others speculate that the work ethic The ACTING PRESIDENT pro tem us of the trauma of his and his wife's grows out of the necessity to deal with the pore. Without objection, it is so or realizing they had no food to put on weather, which forces residents of Northern states to learn to plan ahead. Or could it be dered. the table for their children. He told of the state's farming background and the self how his wife became physically ill reliance that goes with it? Still others say when they tried to use Government that you find a good work ethic where there RECOGNITION OF SENATOR food stamps for the first time. is good management, and that Wisconsin CONRAD A proud, hard-working family that firms tend to have seasoned managements. produces food for America unable to Or maybe we should thank daddy. That's The ACTING PRESIDENT pro tem Quadracci's theory. He says: pore. Under the previous order, the afford to buy food for themselves and "I believe that 'work ethic' is our percep Senator from North Dakota CMr. family in America. tion of what work is all about, lodged in our CONRAD] is recognized for not to A minister told of the heartache in subconscious. It's not anything we're born exceed 5 minutes. counseling farmers who had given up with, and it's not anything that we learned and farm families who had lost every in school or read in a book or learned on the thing-everything they had worked job. FOR NORTH DAKOTA'S FUTURE for all their lives-farmers who had "It comes from our role models, namely our daddies." AND AMERICA'S FUTURE given up hope in America, in their He explains: Mr. CONRAD. Mr. President, today Government and in themselves-and "We saw what our daddies did, and that is a very special day for me as I rise to committed suicide. gave us our perception of what work is. address the Senate for the first time. They thought they were failures Maybe daddy was a farmer and worked 12- but the failure is ours. hour shifts. Or maybe daddy was a tool-and Traditionally, a Senator's first speech is on a topic of great personal In my home State of North Dakota, die maker who worked five days a week and a young farm family told us of their half-days on Saturdays; he came home ex importance. My remarks today are hausted but happy. just that-but the topic is also of great struggle to stay on the family farm-a "It's not ethic, it's heritage. concern to the people of North farm that had been in the family for "That's what the Wisconsin work ethic is: Dakota. generations. They told us how they be We're all products of people who worked Mr. President, in my State-and lieved that two people working hard very hard for a living." across the Nation-tens of thousands should be able to make a living, and of family farmers are standing on the raise a family by producing food for SENATOR ROBERT C. BYRD, THE precipice of collapse. One step in the America. DISTINGUISHED DEMOCRATIC wrong direction-one misstep in Gov That family in North Dakota is MAJORITY LEADER ernment policies-will throw them and right. They are the hope of the future. These farmers and ranchers did not Mr. PROXMIRE. I might say, Mr. our farming traditions over the edge. For North Dakota's future-and simply wake up one morning trans President, I have been in the Senate formed from good family farmers into for 30 years and I have served with a America's future-we must pull them lot of leaders. But I know of no leader, back to safety. bad farmers. Nor are they being driven majority, minority, Democratic, or Re Not since the 1930's have farmers out of business by an end of Federal faced a tougher economic landscape. subsidies- this Nation will spend more publican, who has worked harder than on farm programs in 8 years than was Senator RoBERT BYRD. l am very proud You can see it in the record numbers of that fact, that our leader is such a of farm foreclosures. You can see it in spent in the previous 20. hard worker. He works day and night. the boarded-up shops and businesses Simply stated, we do not have to He is on top of the rules. He never lets which dot our towns. You can see it in spend more to do better. up. the school rooms where kids talk But current farm programs are not He is in constant contact with the about leaving the farm because there enough to overcome the powerful rest of the Democrats. He is not a is no future for them on the land. forces working against American agri leader who tells us what to do. He is a And, members of the Senate Agricul culture. leader who works with consensus. He ture Committee saw it in the faces of Here are the faCts: has given our caucuses and our party a farm families at field hearings across Farm income-down to the lowest real flavor of letting everybody have the Midwest just a few weeks ago. I level since the early 1930's; farm their choice. He moves with us and am deeply grateful to the distin prices-down 50 to 70 percent since keeps us together. guished chairman [Mr. LEAHY], and 1980; farm land values-down 50 per I think with that kind of hard work my colleagues on the committee [Mr. cent in the last 6 years. he ought to be a Wisconsinite. West DASCHLE, Mr. HARKIN, and Mr. BOSCH Farm exports-down $17 billion Virginia is a great State, but with that WITZ] for coming to North Dakota to making the world's bread basket a net kind of talent, Wisconsin would wel learn from the people of my State how importer of food last summer, the first come him. serious the farm recession is. time in 20 years. Mr. BYRD. Mr. President, will the I ask my urban colleagues to imagine In normal times, American farmers Senator yield? their neighborhood in trouble. :i:mag are among the most competitive in the Mr. PROXMIRE. I am happy to ine a street where every third home world. In normal times, productive yield. stands empty or for sale because both family farmers could count on their Mr. BYRD. I thank the distin husband and wife have lost their jobs. ability to export-and earn a decent guished Senator for his very kind re The bank has repossessed the car, the living in the marketplace. marks concerning me. I think I will savings and loan has foreclosed on the But all of the farmer's productive ef now be inspired to work all the harder. house, and the family is selling off the ficiency-his hard work, his superior Mr. PROXMIRE. I thank my good furniture. technology, and his fertile land-is friend. That is what is happening in my overwhelmed by forces beyond his Mr. President, I suggest the absence neighborhood-America's heartland. control. Misguided government poli of a quorum. During our hearings in Minnesota, cies have left farmers standing alone The ACTING PRESIDENT pro tem North Dakota, Nebraska, Iowa, and alone to cope with worldwide commod pore. The clerk will call the roll. South Dakota, the personal dimen ity surpluses, alone to face foreign ag The assistant legislative clerk pro sions of our farmers' plight was ricultural subsidies, alone to pay un ceeded to call the roll. brought home time and again. Let me usually high interest rates, and alone Mr. BYRO. Mr. President, I ask share some of those stories with you. to overcome a vastly overvalued dollar. unanimous consent that the order for In Iowa, a young farmer, with tears Agricultural production and agricul the quorum call be rescinded. of pride streaming down his face, told tural markets fluctuate sharply from February 23, 1987 CONGRESSIONAL RECORD-SENATE 3913 year to year due to weather, disease, ized nations, to achieve rational and The Senator has touched on one of and pests. Remember that as recently reasonable exchange rates. the great failures of this administra as the 1970's, the world suffered Fourth, we must attack the oversup tion. severe shortages of grain. Now we ply problem. The administration It is a failure that affects thousands have a global surplus, depressing farm should immediately call an emergency of families and threatens the very ex prices and farm income. meeting of the major grain producing istence of the American family farm. When this Nation ignores natural nations to develop a cooperative plan While the Federal Government has sources of instability, we condemn to reduce world surpluses of grain. spent some $100 billion on farm pro rural America to periodic depressions. International cooperation is essen grams in the past 5 years, by many For five decades since the Great De tial-our farmers cannot bear the measures, the farm economy is in its pression, our Nation stood behind burden of solving the surplus problem worst shape since the depression of rural America. We worked to prevent alone. the 1930's. rural depressions. Fifth, we must match our abundant Whether measured by the number We provided a grain reserve for food supplies with the needs of the of delinquent loans. farm foreclosures, emergencies, and sought to prevent hungry throughout the world. We and bank failures or the increasing the waste of resources and devastation know that each year 13 to 15 million debt burden, declining farm income, of farm families that economic insta children-most between infancy and the age of 3-die from hunger and rising farm imports or falling farm ex bility causes. As a result, we have been ports, what was once a bright spot of able to provide abundant food at rea hunger-related diseases. At least 150 to 200 million more people are so defi the American economy has turned sonable prices and avoid shortages. very dim. The issue has never been whether to cient in calories and protein that their mental development and immune sys The able Senator from North stabilize farm income and the rural Dakota has given us the unvarnished, economy, but how to do so in a cost-ef tems have been impaired. It is morally wrong that grain stands unpleasant truth. fective way. Net farm income has fallen for 3 But now, in the spirit of keeping rotting on the ground in Lidgerwood, ND, as children die of hunger and mal straight years. Government off our backs, the Gov Last year, it was about 14 percent ernment is willing to turn its back on nutrition in Mozambique. Finally, we must keep thousands of lower, in real terms, than in 1981. our farmers. And while farm income was falling, To make matters even worse, the ad efficient family farmers in business while the Government deals with the the value of farm land was dropping ministration is now trying to change also. the lending policies of the Farmers world overhang of surplus grain-and corrects the economic policies which Since 1981, the value of farm real Home Administration. It is seeking to have brought about disastrously high estate has fallen by an average of 30 phase out the direct loan program al interest and exchange rates. To do so, percent nationwide, with even more together. And it has proposed new a major farm debt restructuring pro severe losses in many of the midwest lending regulations which would dis gram is imperative. ern farm States. qualify up to 50 percent of current Mr. President, the American farmer Meanwhile, farm exports have taken FmHA borrowers. is extraordinarily productive, provid a tumble, dropping by a third since At a time when commercial lending ing cheap food, providing a grain re 1981, while the value of farm imports institutions and the Farm Credit serve to protect this country and the has risen by about one-third. System are under severe stress and are world from shortages, and providing It is not only the farm family that is reducing loans to farmers, the pro billions of dollars in export sales to suffering; it is the rural economy. posed cutbacks in FmHA lending are strengthen the American economy. From the local bank to the seed and shortsighted and unfair. I intend to Our farmers face stiff and unprece fertilizer supplier to the tractor dealer, fight these proposed changes with dented competition in the world mar every ounce of energy I possess. all are feeling the hard times. ketplace, but I am certain they can These problems have been brewing The depression in America's heart meet this competition and succeed-if land was largely avoidable. It has for 6 years. the policies of their Government are They cannot be undone overnight. wasted tremendous amounts of eco truly on their side. nomic resources. More important, it Indeed, we Democrats have often I recognize that making the neces found ourselves locked in battle with has caused needless human suffering sary changes in our agriculture poli as efficient family farmers-and the this administration to prevent things cies will not be an easy task-particu from being even worse. businesses that serve them-have been larly during these difficult economic driven into bankruptcy. I hope we can begin to reverse some times. of these ill-found policies. · We can do better. It is time to act. But stepping up to the challenge We 'must have a coordinated and im The Agriculture Committee, under and insuring the viability of the the leadership of the distinguished mediate response from our Govern family farm is in the interest of all ment. I propose the following: Senator from Vermont [Mr. LEAHY] Americans-urban and rural alike. and with the help of the Senator from First, we must reaffirm our commit So I ask my colleagues to join with ment to stabilize the farm economy, a North Dakota, has already begun in me in saving a way of life and one of vestigating the extent of the problems commitment which has guided our Na America's greatest resources-the tion's policy for 50 years. We must im family farm. in the agricultural sector. mediately develop policies that will in I thank the Chair and yield the The committee held a series of field crease domestic farm prices, until the floor. hearings in the Midwest during the cyclical world grain surplus is worked recent recess to gather testimony di off-until supply and demand are back rectly from those most affected. in balance and farmers can receive a SENATOR CONRAD'S MAIDEN I look forward to the recommenda decent price in the marketplace. SPEECH tions from the committee in the ensu Second, we must immediately pursue Mr. BYRD. I congratulate the dis ing months about how this country monetary and fiscal policies which will tinguished junior Senator from North can chart its way out of the current substantially reduce farm and small Dakota on his maiden speech in the mess. I am confident that the distin business interest rates. This requires Senate. guished junior Senator from North cutting the massive Federal deficits. A Senator's first speech is an histor Dakota will make a valuable contribu Third, we must coordinate our eco ic occasion and the Senator has tion to putting American agriculture nomic policies with other industrial- chosen his topic very well. back on the road to a healthy future. 3914 CONGRESSIONAL RECORD-SENATE February 23, 1987 I again congratulate him on his THE UNITED STATES SENATE tees from thirty-three to fifteen. Each maiden speech and I look forward to of these committees was to have thir his very effective service on the Agri teen members, with the exception of culture Committee and his advice and SENATE COMMITTEES SINCE Appropriations, which was given counsel and direction as we seek to 1947 twenty-one. The number of assign plow our way ahead to a better future Mr. BYRD. Mr. President, on three ments to major committees per sena for the American farmer. previous occasions, in my series of ad tor dropped from six to two. The act The ACTING PRESIDENT pro tem dresses on the Senate's history, I have also spelled out in the Senate rules for pore. The Senator from Nevada. spoken on the subject of Senate com the first time each committee's juris Mr. REID. Mr. President, I, too, con mittees.1 The committee system has dictional responsibilities. 3 gratulate my colleague from North undergone great changes over the Framers of the Legislative Reorgani Dakota on his maiden speech. I think years since 1816 when the Senate cre zation Act sought in particular to curb ated its first standing committees. No the power of autocratic chairmen. it was excellent, well delivered, and changes, however, have been as thor with much substance. They did this in a number of ways. oughgoing as those of the last four Among them were requirements for decades. regular committee meeting dates, ROUTINE MORNING BUSINESS The subject of the modern Senate public disclosure of committee action, committee system is as rich and com and the stipulation that a majority of The ACTING PRESIDENT pro tem plex as that of the Senate itself. Al members be physically present before pore. Under the previous order, there though political scientists have writ measures could be reported to the full will now be a period for the transac ten extensively about the development Senate. Once a measure had been ap tion of routine morning business for of House committees in this period, proved, it was the duty of the chair not to exceed 1 hour, with statements there are few genuinely historical ac man, under this statute, to report it therein limited to 5 minutes each. counts of Senate committees. This is promptly. In the interest of public dis surprising, for never has so much in closure, the act specified that commit formation about the operations of in tee hearings would be open unless the VITIATION OF SENATOR dividual committees been so easily panel took specific action to close ARMSTRONG'S SPECIAL ORDER available. them. Mark-up sessions, however, were Since 1946, committees have kept to remain closed. Witnesses were re Mr. BYRD. Mr. President, I under full transcripts of their deliberations stand that Mr. ARMSTRONG does not and the National Archives is virtually quired to file advance written state want to use his order previously en bursting with their records. In 1980, ments to enable committee staff to tered. I ask unanimous consent that the Senate adopted a resolution, prepare digests so that even the most that order, therefore, be vitiated. which I introduced, that opened to re junior minority member would have The ACTING PRESIDENT pro tem searchers the majority of its records at the opportunity to formulate appro pore. Without objection, it is so or the Archives twenty years after their priate questions. dered. creation. This is the most liberal The Reorganization Act also under Mr. BYRD. Mr. President, if I may access policy of any branch of the gov scored the need for more effective leg now be recognized in morning busi ernment. In honor of the forthcoming islative oversight of executive agen ness. Senate bicentennial, the National Ar cies. The law directed that committees The ACTING PRESIDENT pro tem chives is preparing the first full inven shall "exercise continuous watchful tory of these valuable unpublished ness of the execution, by the adminis pore. The majority leader is recog trative agencies concerned, of any nized. materials. In recent years, the Con gressional Information Service has laws. the subject matter of which is issued comprehensive indexes to pub within the jurisdiction of such com ORDER OF PROCEDURE lished committee records, providing ef mittee; and, for that purpose, shall ficient access of a vast body of docu study all pertinent reports and data Mr. BYRD. Mr. President, other mentation. submitted to the Congress by the Senators are probably planning on As a senator who, for nearly three agencies in the executive branch of speaking during morning business, decades, has been closely involved the government." permission having been granted. In with the operation of the Senate com The operation of the Senate commit order to proceed and make the most of mittee system, I shall focus my re tee system in the years following 1946 the time, I say at this point I will yield marks today on its recent history. In is distinguished by two structural de to any other Senator who wishes to making these observations, I shall give velopments: the explosive growth of get recognition when he comes to the particular attention to the two major staff, and the proliferation of subcom floor. Meanwhile, I shall proceed, with reform efforts of the period: 1946 and mittees. The size and role of commit the unanimous consent of the Senate, 1977. tee staffs had changed very little be to speak beyond the 5-minute limita The natural starting point for a con tween the appointment of the first tion, and also ask unanimous consent sideration of the modern Senate com committee clerks in the 1850's and the of the Senate that my statement in mittee system is the 1946 Legislative passage of the Reorganization Act the RECORD not show any interruption. Reorganization Act. As I explained in nearly a century later. The responsi The ACTING PRESIDENT pro tem my earlier address on congressional bilities of these small staffs were limit reform, that act set the foundation for ed to handling correspondence, over pore. Hearing no objection, the major 2 ity leader may proceed. the institution we know today. Based seeing the printing of committee docu on the assumption that Congress ments, and setting up hearings. Gener Mr. BYRD. I thank the Chair. should have access to independent ex And may I, Mr. President, encourage ally, they relied on executive agencies pertise of a quality equal to that of to generate information, reports, . and Senators who wish to speak today to the executive branch, the 1946 law au even drafts of speeches on proposed come to the floor. I will be happy to thorized non-partisan, permanent pro legislation. 4 yield the floor at any time, so that fessional staff for all committees. It The 1946 statute provided that each when I finish my statement, if all Sen consolidated overlapping and conflict committee could appoint up to four ators are satisfied and have spoken, ing committee jurisdictions and re professional staff members, at salaries who wish to speak, the Senate can duced the number of Senate commit- ranging from $5,000 to $8,000, and up then, at an early hour, go over until to six clerical aides, who would earn Thursday. Footnotes at end of article. from $2,000 to $8,000 yearly. These in- February 23, 1987 CONGRESSIONAL RECORD-SENATE 3915 dividuals were to be recruited, "with two standing, select, special, and joint specialized agencies of the UN." These out regard for partisan considerations, committees which had a total of 171 became the pillars on which rested the solely on the basis of their ability to subcommittees! 6 United States' entire international serve the committee's legislative Mr. President, to personalize the framework. needs." They were to work under the growth reflected in these statistics and Chairman Vandenberg gave Wilcox supervision of the chairman and rank to capture the thoroughgoing trans a free hand in staff recruitment, with ing minority member and could only formation in the years immediately the clear impression that he would be discharged by majority vote of com following World War II, one could hold him totally responsible for the mittee members. Professional staff read with profit the memoirs of the staff's successes as well as for its members were forbidden to accept any late Dr. Francis 0. Wilcox, first chief shortcomings. The chairman insisted executive branch appointment for the of staff of the Senate Foreign Rela that Wilcox take the title "Chief of period of one year after leaving con tions Committee. Dr. Wilcox epito Staff." When Wilcox suggested that gressional employment. mized the kind of professional civil "staff director" or "executive director" Democrats controlled the Congress servant that the framers of the 1946 would be sufficient, Vandenberg coun that passed the Legislative Reorgani Reorganization Act had in mind. tered, "It's got to be more important zation Act. Republicans controlled the When he came to the Senate in 1946 than that. I want to make an impres Congress that, in 1947, had to imple from the Library of Congress' Legisla sion on the State Department. /Chief ment its lofty objectives. This situa tive Reference Service, the Foreign of Staff/ sounds bigger and better and tion ensured that the goal of hiring in Relations Committee's staff consisted stronger. . . I want you to be an im dependent professional staffs would be of one full-time clerk, a half-time portant figure." 8 Thus began a whole taken seriously, for Republican con clerk, and a half-time secretary. new generation of Senate committee gressional leaders otherwise would Dr. Wilcox began his new position have had to rely on technical data and with the committee under political cir staff aides. Many of these profession policy information supplied by execu cumstances that many staff would als rose to positions of great responsi tive agencies within the Democratic have found ideal. In 1947, both the bility within their committees and a administration of Harry Truman. Con chairman of the committee, Republi good number of them remained sidering the adversarial nature of the can Arthur· Vandenberg, and the rank through the mid-to-late 1970's. relations between President Truman ing Democrat, Tom Connally, believed As the figures I cited earlier demon and the Republican 80th Congress, they had individually talked him into strate, the proliferation of subcommit such a trusting relationship was out of taking the job! As he recounted the tees sharply distinguished this period the question. story: of Senate committee history. Early in In 1947, as Senate committees began Senator Connally said to me one day: his tenure, Francis Wilcox recom to build professional staffs, they "Would you like to be the committee staff mended to his chairman that subcom counted 232 employees. Of this director? We're going to set up a new staff. mittees might make the committee's number, forty-six worked for the Post Under the Legislative Reorganization Act of operation more efficient. He believed Office and Civil Service Committee 1946, as you know, we're entitled to set up a they would relieve the full committee and f arty-one for the Rules Commit professional staff". I replied that I hadn't of a lot of detail and would channel tee. In both committees, most of these thought about it, but it would be interesting many requests from the executive and I would be glad to consider that. He branch directly to subcommittee chair staff were found in the clerical and pa said, "I think I can talk to 'Old Van'- that's tronage ranks. Among the committees the way he referred to Senator Vanden· men, relieving the burden on the full with fewer than ten staff members berg-'! think I can talk 'Old Van' into it. committee chairman. From 1950 to were Banking (9), Labor (9), Com I'll see what I can do.' Well, the next day, 1975, the Foreign Relations Commit merce (8), Foreign Relations (8), Inte before Senator Connally had a chance to tee maintained a series of ad hoc "con rior (7), Finance (6), District of Colum talk to Senator Vandenberg about me. the sultative" subcommittees, with one for bia (4), and Agriculture (3). To get Senator from Michigan called me in and each area for which the State Depart asked me if I would like to become the direc ment had designated an assistant sec ahead of my story a bit, I should add tor of his new staff. I immediately accepted here that within thirteen years, by the invitation. This meant, in effect, that retary. 1960, the total number of committee Senator Connally was under the impression The subcommittees would meet peri staff would double, rising to 470. The that he had gotten me the job, and I was odically with these assistant secretar ratio of professional to clerical staff, therefore his man; and Senator Vandenberg ies for totally off-the-record discus during that period increased at an had asked me, regardless of what Senator sions of key issues in the respective ge even greater rate. Between 1960 and Connally had said or done after the event. ographic or functional areas. This was 1974, the staff at 948 had again dou So, in effect, I was more or less welcomed by designed to reduce the need for exten both Senate committee leaders, which put bled. The peak was reached in 1979 me in a very good position, because I was a sive full committee meetings. On bal with 1,269. 5 good friend of Senator Connally and also of ance, the idea of consultative subcom Mr. President, the dramatic growth Senator Vandenberg. There's nothing more mittees-the word "investigative" was of subcommittees stands as the second helpful to a Senate staff member than to be considered too adversarial-produced major change in the operation of a persona grata to both majority and minor· indifferent results. Their successful Senate committees after 1946. In 1945, ity leaders. 7 operation depended largely on the in there were just thirty-four subcommit Under the Legislative Reorganiza terest of the particular subcommittee tees for thirty-three standing commit tion Act, as I have noted, each com chairmen and relative activity of the tees. Immediately following implemen mittee was entitled to hire four profes issues within their jurisdictions. 9 tation of the Reorganization Act, the sional staff aides. Wilcox explained Mr. President, although the Legisla fifteen Senate committees gave birth that, for the Foreign Relations com tive Reorganization Act of 1946 was in to forty-four subcommittees. Several mittee, this authorization came not a tended to reform Senate committee years later, in 1950, the family of sub moment too soon, otherwise the com structures for all time, it merely began committees had grown to sixty-six. By mittee would have been completely the process. Early in 1948, the Senate 1976, 140 subcommittees competed for flooded. "We had," he later recalled, Committee on Expenditures in the Ex the attention of the Senate's increas "the United Nations Charter, the ecutive Departments, the forerunner ingly harried members. To compound peace treaties with the satellite coun of our Governmental Affairs Commit this fragmentation, between 1947 and tries, the peace treaty with Japan, the tee, held hearings to see how well the 1976 the Senate created an additional program of aid to Greece and Turkey, year-and!a-half-old act was working. twenty-eight select and special com the interim aid program, the Marshall Senate Republican Policy Committee mittees, eventually abolishing twenty Plan, the NATO Treaty, and a whole chairman Robert Taft, believed the five. Thus, in 1976 there were thirty- host of important issues, including the act had functioned quite well. He said, 3916 CONGRESSIONAL RECORD-SENATE February 23, 1987 "I think it has improved the character continued to be distributed inequita tween the bodies from one Congress to of the work done by committees /and/ bly. Some. proposed to exempt mem- · the next. certainly the character of the experts bers of the Appropriations and For There were a number of other defi employed by the committees." He eign Relations Committees from serv ciencies in the operation of the 1946 added, however, "I don't feel that it ice on any other committees. Most re act. Combining committees with over has particularly succeeded in relieving alized, however, that this arrangement lapping jurisdictions did little to elimi senators of multifarious duties, be would eliminate the coordination that nate conflict on major issues related to cause there are just so many subjects, occurred by having members of those defense, the economy, and social wel and if you don't consider them in dif key committees sit on related commit fare. Two-thirds of the Senate's fif ferent committees, you consider them tees.13 teen committees claimed an interest in in subcommittees. I am afraid," Sena Despite the reformers' desire for national security affairs. The commit tor Taft concluded, "there is no way in committees to hire non-partisan staff tees on Finance and Labor fought over which senators may be able to do less experts, Republican chairmen in 1947, control of veterans' legislation, while work, but certainly with the expert as with a few exceptions, hired Republi others quarreled over aid to small sistance which has been given, they can staff. When the Democrats re business. 18 The Senate began routine have been able to do very much better gained control of Congress two years 10 ly to waive the act's prohibition of work." later, they kept approximately two committee meetings during full legis Former Senator Robert La Follette, thirds of these individuals. Professor lative sessions-a provision designed to Jr., one of the Reorganization Act's ar Gladys Kammerer contended at the ensure full attendance on the Senate chitects, told the committee that he time that this was due, in part, to the floor. Hearings were often called with saw nothing wrong with the trend fact that "many committees were out sufficient notice, so the provision toward a larger number of subcommit headed in 1949 by conservative south that written testimony be submitted in tees. Many of them merely substituted ern Democrats who maintain policy advance often went unheeded. Com for ad hoc subcommittees that had stands identical to those of their Re mittee chairmen, in general, paid little been called to consider particular bills publican predecessors." She concluded and then disbanded. By creating that the low turnover might be attention to the requirement for regu standing subcommittees, most of "linked to the seniority system for se lar meeting dates. which served as issue-oriented study lection of committee chairmen which New York Times correspondent Wil groups, the Senate was assuring itself frees them from any feeling of party liam S. White, in his classic Senate 14 study entitled Citadel described that a reservoir of expertise would be responsibility." This dissatisfied 19 available for efficient use as related Democratic Senator J. Howard Senate committees of the mid-1950's. issues presented themselves. By the McGrath, who commented that it just A Senate committee is an imperious force; same token, La Follette strongly op might be necessary to find some more its chairman, unless he be a weak and irres olute man, is emperor. It makes in its field posed creation of special investigating Democratic experts. Ernest Griffith, in ninety-nine cases out of a hundred the committees on the grounds that stand director of the Legislative Reference real decisions of the Institution itself. What ing committees possessed sufficient ex Service, reported "some committees bills it approves are approved by the Senate; pertise to oversee the executive agen have survived changes in party control what bills it rejects are rejected, with rare cies within their jurisdiction. without impairment, largely in in exceptions.... To override, say, the Com La Follette concluded, "The essen stances in which party consideration mittee on Foreign Relations or the Commit tial and important difference between did not influence the original appoint tee on Finance involves a parliamentary a hodgepodge committee system and ments. In other instances," Griffith convulsion scarcely less severe, as the an integrated scheme is not the rela continued, "a reasonable stability has Senate sees it, than that accompanying the tive number of subcommittees, but been secured by the division of ap overturn, say, of a British government. rather in the formalization of fixed pointments between the parties. White was pessimistic about chances channels and definite jurisdictions so Others have been partisan." 15 for genuine change in committee oper that each new piece of legislation in The framers of the 1946 Reorganiza ations, observing, "Reform in this any given field can have the benefit of tion Act placed great faith in the use field, as in a good many others, in the staff work and specialized experi fulness of joint committee action. This short looks much easier the farther ence of members of Congress." The could occur by establishing joint one stands from the facts." former senator continued, "As I see it, panels or by having the corresponding A growing number of senators in the there is much less likelihood of waste committees of each chamber meet late 1950's and early 1960's did not ful duplication in legislative studies, or jointly, whenever possible, to reduce share White's view of the limited pos of uncorrelated activities, under the duplication of effort by members, sibility for genuine committee reform, present committee structure. I venture staff, and witnesses. Creation of Pennsylvania's Democratic Senator the prediction," he concluded, "that it roughly parallel committee systems, Joseph Clark referred to White as will work even better as the profes with similar jurisdictions in both "the poet laureate of the Senate estab sional staff members, many of whom houses, stimulated occasional joint lishment." By 1963, Clark believed the are relatively new, gain additional ex hearings and staff collaboration. This days of the "Senate Establishment" perience in their specialized fields of was particularly the case for commit were numbered.20 In a series of floor legislation." 11 To this observation, tees concerned with foreign economic statements in February of that year, Representative Mike Monroney added, policy, military aid, public housing, he set forth a reform program de "One difficulty Congress has found is and the District of Columbia. Hopes signed to unhorse what he believed to that, never having worked with well for more creative uses of the joint be the. conservative old-guard and to trained staff members, they do not ·panels that had been created ultimate widen the circle of senators involved in know how to use them for maximum ly failed, however, as members of both institutional decision making. With benefit." 12 bodies sought to preserve the preroga reference to committees, Clark pro Three years later, in June 1951, the tives of their individual chambers and posed to curtail the power of chairmen Senate Committee on Expenditures in to set their independent agendas. 16 by allowing a majority of a commit the Executive Departments held a Most formal collaboration was limited tee's members to convene a meeting, second hearing to evaluate further the therefore to the eight joint standing to force chairmen to step down at the act's effectiveness. Again members f o committees. 17 Until 1953, senators age of 70, and to provide for election cused on intended reforms of commit generally chaired joint committees. of chairmen by secret ballot of com tee operations. Senators agreed that Growing irritation among House mem mittee members. The frustration that these reforms were far from complete. bers led to the practice, from that energized Clark's campaign led in 1965 They felt that committee workload time, of alternating chairmanships be- to the establishment of the Joint Com-
- _"P'\...... -S'M ~._,..,_• • ..- ·• L.r-~.J·~.-..__...... __. •.k" --r-----.~·.l"J"'o._.....~__,,,...____.. • • -- • February 23, 1987 CONGRESSIONAL RECORD-SENATE 3917 mittee on the Organization of the Committee on Veterans' Affairs and to mined to see that the work of the tem Congress, the first significant effort at permit each standing committee to in porary committee succeed. institutional reform since the 1946 Re crease from four to six the authorized Consequently, we approved that organization Act. number of permanent professional measure and the full Senate adopted it That panel under the co-chairman staff. on March 31, 1976. As the principal ship of Senator A.S. Mike Monroney On March 11, 1975, intensifying sponsor of the authorizing resolution, and Representative Ray Madden con pressures for further significant com Senator Adlai Stevenson was appoint fronted a committee system in great mittee reform compelled fifty-seven ed the Temporary Committee's chair disarray. As political scientist Roger Senators to co-sponsor a resolution es man and Senator William Brock Davidson summarized the situation in tablishing a Temporary Select Com served as co-chairman. the late 1960's "Some of the problems mittee to Study the Senate Committee Senator Stevenson eloquently de were external: mismatches between System. Although the Rules Commit scribed the difficulties arising from committee jurisdictions and emerging tee deferred action for a year, the committees' antiquated jurisdictional public issues, and the dispersed com Senate accepted other committee-re assignments. He noted that they had mittee system's failure to aggregate re lated changes during that time. Senate remained relatively unchanged since lated pieces of a policy." Davidson con Democrats agreed to permit use of a the 1946 Reorganization Act despite tinued, "Yet internal difficulties oc secret ballot in selecting committee major changes in executive branch curred as well-in the form of jurisdic chairmen if one-fifth of their members structure. With the proliferation of tional rivalries and scheduling con called for it. Two years earlier, Repub 21 subcommittees and the lack of juris flicts." The Joint Committee issued licans had decided to select their dictional realignment, Stevenson ob its findings in 1966. The Senate, in senior committee members by vote of served that "we sometimes end up 1967, quickly devised a series of pro their party conference. For the first reinventing the wheel simultaneously posed rules changes to incorporate the time, the Senate permitted public in different subcommittees. And we major portion of the joint committee's access to committee meetings in addi often end up dealing with parts of an recommendations. The House, howev tion to hearings. This included mark issue with no mechanism to put the er, deferred until 1970 the necessary up sessions and joint House-Senate 4 legislation to institute these reforms. conference committees, although parts together."2 In that year, Congress passed a new either Chamber could vote to close The six Democrats and six Republi Legislative Reorganization Act. Among specific conference sessions. can Senators who comprised the Ste the most notable changes in that In a move that had major signifi venson Committee were relatively measure for Senate committees was cance for the operation of its commit junior and reform oriented, and none authority for a majority within a com tees, the Senate in 1975 provided chaired major Senate committees. The mittee to call a meeting if the chair junior Senators with up to three per panel included no Members from the man had ignored such a request for at sonal staff members to assist with Rules Committee or from the power least ten days. All committee meetings their committee work. This was in ad ful committees on Foreign Relations were to be open to the public except dition to the requirement of the 1970 and Judiciary. During the remainder for executive sessions held to mark up statute that two of the six committee of 1976, the panel examined proposals bills or to vote. All committee record professional staff be assigned to the for restructuring and reduction of votes were to be publicly reported. minority. The net effect of these two committees, rotation of chairmanships The act authorized elimination of gen changes was to limit the power of com and memberships, as well as creation eral proxies for absent members in mittee chairmen, who previously had of major new committees on science committee voting, and it permitted the final word on staff selection. That and technology, energy, and national committees to ban proxies altogether power flowed increasingly to members security.25 on a vote to report a measure. It of both parties with less seniority. Following extensive hearings and an placed no limits on the use of proxies In 1975, major reform activity cen exhaustive series of interviews, the in subcommittees. tered around the special Commission Temporary Committee, in September The 1970 Legislative Reorganization on the Operation of the Senate. Under 1976, produced a set of recommenda Act limited newly elected senators to the chairmanship of former Senator tions. Picking up a familiar theme of two major and one minor committee Harold Hughes, and comprised of nine congressional reformers, its members assignments, with no member serving private citizens, one Senate officer and urged the abolition of all select, spe on more than one of the committees one Senate employee, this panel car cial, and joint committees, with the on Appropriations, Armed Services, Fi ried a mandate to examine every area exception of the newly created Intelli nance, and Foreign Relations. No of Senate activity except the jurisdic gence Committee. It advised eliminat Member could chair more than one tional responsibilities of committees. ing the committees on the District of full committee. The 1970 act required At the end of 1976, the Hughes Com Columbia, Post Office and Civil Serv Senate committees to adopt and pub mission submitted its report, addressed ice, Aeronautical and Space Sciences, lish rules of procedure and to issue principally to the modernization of and Veterans' Affairs. The select com annual reports of their accomplish Senate administrative practices. With mittee further recommended restruc ments. It mandated that a committee regard to committee operations, the turing those panels that had responsi report on a bill must be available at commission recommended that major bility for issues related to energy, envi least three days, excluding weekends committees be charged with the re ronment and transportation. This and holidays, before the full Senate sponsibility for conducting long-range paved the way for creation of the could consider the measure. This pro analyses of pressing national issues. It Energy and Natural Resources Com vision did not apply to certain urgent also urged the Senate to centralize ex mittee, from the old Interior Commit categories of legislation and it could be ecutive agency oversight responsibility tee, and the Environment and Public waived in any case by agreement be within the Government Operations Works Committee. The panel also ad tween the two floor leaders. Commit Committee.23 vocated strict limits on the number of tees were required to announce hear Early in 1976, the Subcommittee on chairmanships and committee assign ings at least one week in advance, the Standing Rules of the Senate, ments for each Member, and it sought except in unusual circumstances.22 which I chaired, held a hearing on the to improve scheduling of committee The 1970 act is best remembered for 1975 proposal to establish the tempo meetings.26 the changes in committee practices rary committee on the committee Prospects for passage of this reform that I have just described. It accom system. As part of my overall strategy measure brightened with the election plished little by way of structural to facilitate the business and improve in November 1976 of eighteen new reform, except to establish the Senate the image of the Senate, I was deter- Senators. Shortly after the election, I
91-059 0-89-31 (Pt. 3) 3918 CONGRESSIONAL RECORD-SENATE February 23, 1987 met with Senator Stevenson and Sena ators were permitted to serve on three Mr. President, I ask unanimous con tor Bob Packwood, who had replaced subcommittees for each major com sent to insert in the RECORD at this Senator Brock as co-chairman. Along mittee and two for each minor com time "Footnotes To 'Senate Commit with Rules Committee chairman mittee to which they were assigned. 29 tees Since 194 7.' " Howard Cannon, we agreed that a res Although it might seem that service There being no objection, the foot olution incorporating the Temporary on a total of eleven committees and notes were ordered to be printed in Committee's recommendations would subcommittees is excessive, that the RECORD, as follows: number compared favorably with the be referred to the Rules Committee FOOTNOTES TO "SENATE COMMITTEES SINCE for hearings and reported out to the previous volume of committee and 1947" full Senate not later than January 19, subcommittee assignments, which 1 July 31, 1981; August 1, 1983; June 3, 1977. ranged from eighteen to thirty. In a 1985. In a major step to protect the move to spread leadership responsibil 2 Congressional Record, June 17, 1985, reform proposals, we decided that no ity among a committee's majority S8289-95. new permanent assignments to com party Members, the Senate agreed to 3 Public Law 79-601. mittees would be made until after re permit full committee chairmen to 4 Lindsay Rogers, "The Staffing of Con organization was completed. On the chair only one subcommittee within gress," Political Science Quarterly, 61 first day of the 95th Congress, as I the parent committee. Committees , 1-22. began my service as Senate Majority were also required to obtain approval 5 Norman Ornstein, et al., Vital Statistics Leader, Senator Stevenson introduced of the full Senate before setting up on Congress, 1984- 85 Edition ; and Galloway, Congres ments that preserved the major provi permitted to have at least one-third of sional Reorganization Revisited ; Foreign Economic Cooperation; Indian Administra Committee and the Joint Committee of 1977, as with those of 1946, were un tion; Immigration and Nationality Policy on Internal Revenue Taxation, but dertaken with an appreciation of the <1952) /this committee never met and was withdrew its Members from the joint need for continuity, and a deep respect abolished in 1970/; Housing <1947>; Con committees on Atomic Energy, De for institutional tradition and the struction of a Building for a Museum of His fense Production, and Congressional rights of individual Senators. They tory and Technology for the Smithsonian Operations. The Senate established were also conceived in the need to con Institution <1955); Labor-Management Rela the Special Committee on Aging, while stantly adapt to modern challenges. tions <1948>; Navajo-Hopi Indian Adminis abolishing the committees on the Dis None of these efforts settled all of the tration <1950); Organization of Congress <1965>; Congressional Operations <1970); Ar trict of Columbia, Post Office arid problems they set out to address. In rangements for the Commemoration of the Civil Service, and Aeronautical and the intervening years, there have been Bicentennial of the United States of Ameri Space Sciences. The Committee on additional study groups dedicated to cia <1975). Standards and Conduct was renamed improving operation of the Senate and 18 Organization and Operation of Con the Senate Ethics Committee. 28 its committee system. As the United . gress, 630. The structural accomplishments of States enters its third century, its 1 swmiam S. White, Citadel: The Story of the 1977 committee reform effort are leadership and members must contin the U.S. Senate . sive national policy which will meet 24 Judith H. Parris, "The Senate Reorga The electronic components industry nizes its committtees, 1977'', Political Sci the special concerns of our endangered was awarded a large settlement as the ence Quarterly 95 the failure to recognize such symbols mits. At 2:09 p.m., a message from the increases the likelihood that such individ Currently, there exists a wide varie House of Representatives, delivered by uals will be involved in traffic accident inci ty of identifying signs used to desig Ms. Goetz, one of its reading clerks, dents resulting in injury or death, posing a nate parking spaces for handicapped announced that pursuant to the provi threat to the safety of such individuals as persons which has impeded the use of sions of section 9355(a) of title 10, well as the safety of the operators of motor United States Code, the Speaker ap vehicles and others. these special parking spaces for per SEC. 3. (a) Chapter 4 of title 23, United sons from outside jurisdictions. An points as members of the Board of States Code, is amended by adding at the easily recognizable and consistent Visitors to the U.S. Air Force Academy end thereof the following: symbol for identifying vehicles is the following Members on the part of "§ 409. Uniform system for handicapped parking needed to ensure reciprocity in honor the House: Mr. DICKS, Mr. BARNARD, to promote safety ing handicapped parking permits from Mr. LEWIS of California, and Mr. "(a) No highway safety program shall be State to State. Law enforcement offi HEFLEY. approved by the Secretary under section 402 cials, unaware of symbols used to iden The message also announced that of this chapter unless such program pro tify vehicles entitled to occupy handi pursuant to the provisions of section vides for a uniform system for handicapped capped parking spaces, may uninten 194(a) of title 14 of the United States parking designed to enhance the safety of tionally issue parking citations to Code, the Speaker appoints as mem handicapped and nonhandicapped individ bers of the Board of Visitors to the uals in accordance with this section. The handicapped individuals who travel Secretary shall promulgate uniform stand from outside jurisdictions. U.S. Coast Guard Academy the follow ards applicable to such system, as provided For most travelers the major factor ing Members on the part of the House: in section 402 of this chapter. limiting travel is cost. But for a per Mr. GEJDENSON and Mrs. JOHNSON of "(b)(l) For purposes of this section, a uni centage of Americans freedom to Connecticut. form system for handicapped parking de travel is limited by conflicting State The message further announced signed to enhance the safety of handi laws, Mobility impaired citizens have that pursuant to the provisions of sec capped and nonhandicapped individuals is a been denied what virtually every tion 6968(a) of title 10 of the United system which- States Code, the Speaker appoints as "(A) adopts the International Symbol of American assumes to be a natural Access during an audit; IN GENERAL.-Paragraph (1) of section to by the Internal Revenue Service. (2) the procedures by which a taxpayer 2 of the Inspector General Act of 1978 (5 These abuses must be stopped if we may appeal any adverse decision of the U.S.C. App. 3) tary tax compliance. <3> the procedures for prosecuting refund is amended by inserting "the Department of The Tax Reform Act of 1986, claims and filing of taxpayer complaints; the Treasury," after "Transportation,". through a major overhaul of the In and (b) ADDITION OF DEPARTMENT OF THE ternal Revenue Code, restored equity <4> the procedures which the Service may TREASURY To LIST OF COVERED ESTABLISH and fairness to a system providing use in enforcing the internal revenue laws MENTS.-Paragraphs (1) and (2) of section 11 loopholes for the wealthy while sub are jecting middle-class taxpayers to an levy and distraint, and enforcement of amended by striking out "or Transporta liens>. tion" both places it appears and inserting in ever increasing tax burden. The tax (b) TRANSMISSION TO COMMITTEES OF CON lieu thereof "Transportation, or the Treas payers' bill of rights will restore equity GRESS.-The Secretary of the Treasury shall ury". and fairness to the administration of transmit drafts of the statement required (C) TRANSFER OF EXISTING AUDIT AND IN the Internal Revenue Code so middle under subsection to the Committee on tion 9(a) of such Act is amended- accountants of the wealthy can cur atives, the Committee on Finance of the (!> by redesignating subparagraphs (I), rently secure for their clients. Senate, and the Joint Committee on Tax , . , , and as subparagraphs There is hardly a more fitting way ation on the same day. Any draft . (L), (M), . and (0), respectively, vision of a draft> of the statement may not and to celebrate the bicentennial of the be distributed under subsection until 90 (2) by inserting after subparagraph Constitution than by extending the days have elapsed from the date it was the following new subparagraph: provisions of the Bill of Rights to tax transmitted to such committees. "(I) of the Department of the Treasury, payers involved in disputes with the (C) DISTRIBUTION.-The statement pre the offices of that department referred to as IRS. The taxpayers' bill of rights ex pared in accordance with subsections the 'Office of Inspector General', the tends to taxpayers the protection of and (b) shall be distributed by the Secretary 'Office of Internal Affairs, Bureau of Alco the basic constitutional rights enjoyed of the Treasury to all taxpayers along with hol, Tobacco and Firearms', the 'Office of any tax form or forms sent from the Inter Internal Affairs, Customs Service', the in their relations with all other private nal Revenue Service to the taxpayers. and public entities by: Requiring the 'Office of Inspection, Internal Revenue SEC. 3. CIVIL ACTION FOR DEPRIVATION OF Service', and that portion of the 'Office of IRS to disclose taxpayers' rights and RIGHTS BY INTERNAL REVENUE Inspection, Secret Service'. which is engaged obligations; establishing new proce SERVICE EMPLOYEES. in internal audit activities;". dures for IRS interviews of taxpayers; IN GENERAL.-Subchapter B of chapter (d) SPECIAL PROVISIONS RELATING To DE establishing a statutory Office of the 76 the development and exercise of mon take a close look at my legislation and Federal law, subjects, or causes to be sub join me in moving it through the etary, fiscal, and tax policy, and jected, any citizen of the United States or "(2) the exercise of legal judgment in the Senate and toward final passage. other person within the jurisdiction thereof investigation and litigation of cases, except Mr. President, I ask unanimous con to the deprivation of any rights, privileges, with respect as to whether such investiga sent that the taxpayers' bill of rights or immunities secured by the Constitution tion and litigation is conducted efficiently and a section-by-section analysis of and laws, shall be liable to the party injured and in accordance with the policy of the De the bill be printed in the RECORD. in an action at law, suit in equity, or other partment of the Treasury. There being no objection, the mate proper proceeding for redress.". "(b) The Secretary of the Treasury is au (b) CONFORMING AMENDMENTS.-Section thorized to excise from documents request rial was ordered to be printed in the l343(a) of title 28, United States Code the Secretary of the Treasury determines Be it enacted by the Senate and House of is amended- will jeopardize- Representatives of the United States of (!) by striking out the period at the end of "(!) the success of an ongoing investiga America in Congress assembled, paragraph <4) and inserting in lieu thereof a tion or litigation, semicolon; and SECTION l. SHORT TITLE; AMENDMENT OF INTER "(2) confidential sources, or NAL REVENUE COPE OF 1986. <2> by adding at the end thereof the fol "(3) sensitive undercover and national se (a) SHORT TITLE.-This Act may be cited lowing new paragraph: curity operations. as the "Taxpayers' Bill of Rights Act". "(5) To recover damages or to secure equi "(c) The Secretary of the Treasury is au (b) AMENDMENT OF 1986 CODE.-Except as table or other relief under section 7432 of thorized to prohibit the Inspector General otherwise expressly provided, whenever in the Internal Revenue Code of 1986 IN GENERAL.-The Secretary of the rights by Internal Revenue that action taken pursuant to subsection (b) Treasury shall, as soon as practicable, but Service employees. effectively precludes the Inspector General not later than 180 days after the date of the from conducting an audit or investigation, enactment of this Act, prepare a brief but "Sec. 7433. Cross references.". the Secretary shall transmit within thirty comprehensive statement which sets forth (d) EFFECTIVE DATE.-The amendments days a statement of the reasons for the ac in simple and nontechnical terms- made by this section shall apply to actions tions of the Secretary under subsection <1 > the rights and obligations of a taxpay arising on or after the date of the enact or to the Committees on Banking, Hous er and the Internal Revenue Service (here- ment of this Act. ing, and Urban Affairs and Finance of the 3934 CONGRESSIONAL RECORD-SENATE February 23, 1987
Senate and the Committees on Banking, Fi "Sec. 7519. Procedures involving taxpayer (1) by striking out "disapproves" in clause nance, and Urban Affairs and Ways and interviews.". (ii) and inserting in lieu thereof "recom Means of the House of Representatives and (C) EFFECTIVE DATE.-The amendments mends disapproval of", to other appropriate committees or subcom made by this section shall apply to inter <2> by inserting "and the Congress ap mittees of the Congress.". views conducted on or after the date of the proves such recommendation by a joint res (e) CONFORMING AMENDMENT.-Section enactment of this Act. olution within 30 days of such vote by the 5315 of title 5, United States Code (relating SEC. 6. GENERAL ACCOUNTING OFFICE OVER Joint Committee on Taxation" before the to positions of level IV) is amended by SIGHT OF THE ADMINISTRATION OF period at the end of clause (ii), and adding at the end thereof the following new THE INTERNAL REVENUE LAWS. (3) by inserting "RECOMMENDATION item: (a) IN GENERAL.-Section 713 of title 31, OF" before "DISAPPROVAL" in the head "Inspector General, Department of the United States Code IN GENERAL.-The evaluation of all In (a) IN GENERAL.-Chapter 77 . and superiors shall not be based in any way on adding at the end thereof the following new (2) by adding at the end thereof the fol the sums collected from taxpayers resulting section: lowing new subsection: from audits or investigations in which the "(c) The Comptroller General shall con Internal Revenue Service personnel partici "SEC. 7519. PROCEDURES INVOLVING TAXPAYER duct any special audit or investigation of pated. INTERVIEWS. the administration of the internal revenue (b) EFFECTIVE DATE.-The provisons of "(a) IN GENERAL.-Upon request of any laws requested by any committee of the subsection (a) shall apply to evaluations taxpayer, any officer or employee of the In Congress or any Member of Congress. The conducted on or after the date of the enact ternal Revenue Service in connection with Comptroller General may conduct any ment of this Act. any interview with such taxpayer in connec other audit or investigation of the adminis SEC. 8. AUTHORIZING, REQUIRING, OR CONDUCTING tion with the assessment of a deficiency tration of the internal revenue laws which . CERTAIN INVESTIGATIONS, ETC. shall- he considers appropriate.". " conduct such interview at a reasona (b) ANNUAL REPORTS.-Subsection (d)(3) of (a) IN GENERAL.-Section 7214 is United States) is amended by redesignating "<2> allow the taxpayer to make a record amended by striking out ", including signifi subsection as subsection and by in ing of such interview at his own expense cant evidence of inefficiency or mismanage serting immediately after subsection Cb) the and with his own equipment. ment." and inserting in lieu thereof "with following new subsection: "(C) AUTHORIZING, REQUIRING, OR CONDUCT An officer or employee of the Internal Rev respect to- "(A) significant evidence of inefficiency or ING CERTAIN INVESTIGATIONS, ETC.- enue Service may record any such interview "(1) IN GENERAL.-An officer or employee if he informs the taxpayer of such recording mismanagement; "(B) the type and extent of assistance of the United States acting in connection prior to the interview and provides the tax with any revenue law of the United States payer with a transcript of such recording which the Internal Revenue Service (here inafter in this paragraph referred to as the shall not knowingly- upon the request of the taxpayer and reim "(A) authorize, require, or conduct any in bursement for the cost of reproduction of "Service") provides to taxpayers in the vestigation into, or surveillance over, the be such transcript. preparation of returns, and the accuracy liefs or associations of any individual or or "Cb> SAFEGUARDs.-An officer or employee and consistency of any advice which the ganization, or of the Internal Revenue Service shall prior Service provides in connection with such as "CB> maintain any records containing in to any interview described in subsection (a) sistance; formation derived from such an investiga warn the taxpayer- "CC> the adequacy of the procedures by which the Service responds to taxpayer tion or surveillance. "( 1) he has a right to remain silent, Any person violating the preceding sentence "(2) any statement he makes may be used complaints, and the number and nature of such complaints; shall be fined not more than $10,000, or im against him, and prisoned not more than 2 years, or both. "(3) he has the right to the presence of an "CD> the equity of the procedures by which the Service conducts audits, collec "(2) ExcEPTION.-The provisions of para attorney, certified public accountant, en graph <1) shall not apply with respect to rolled agent, or enrolled actuary. tions, and taxpayer appeals, the means by which the taxpayer is advised of such proce any otherwise lawful investigation concern The taxpayer may waive the rights de dures, and the adequacy and consistency of ing organized crime activities. scribed in the preceding sentence if such such advice; "(3) DEFINITIONS.-For purposes of this waiver is made voluntarily and knowingly. "CE) the uniformity of the Service's ad subsection- If, however, he indicates in any manner and ministration of the internal revenue laws, "( A) INVESTIGATIONS.-The term 'investiga at any time during the interview that he including the uniformity of the standards tions' means any oral or written inquiry di wishes to consult with an attorney, certified and legal interpretations it employs; rected to any person, organization. or gov public accountant, enrolled agent, or en "(F) the number and specific circum ernmental agency. rolled actuary or that the interview be dis stances of disclosures, if any, of returns or "(B) SURVEILLANCE.-The term 'surveil continued there can be no questioning re of information derived from such returns lance' means- gardless of whether he may have answered which the Comptroller General determines "(i) the monitoring of persons, places, or some questions. to be in violation of law; events by means of electronic interception, "(C) REPRESENTATIVES HOLDING POWER OF "(G) the investigation and prosecution by overt or covert observation, or photography, ATTORNEY.-Any person with a written the Service and the Department of Justice and power of attorney executed by the taxpayer of alleged civil and criminal violations of the . "(ii) the use of informants.". may be authorized by such taxpayer to rep internal revenue laws; (b) CIVIL REMEDIES.-Subchapter B of resent the taxpayer in any interview de "(H) the effect the organizational struc chapter 76 . An officer or em ture of the Service has upon the equitable is amended by redesignating section 7430 as ployee of the Internal Revenue Service implementation of, enforcement of, and ad section 7431 and by inserting immediately shall treat such person as the taxpayer for herence to internal revenue laws and regula after section 7429 the following new section: purposes of such interview unless such offi tions; "SEC. 7430. CIVIL CAUSE OJ'' ACTION FOR VIOLA cer or employee notifies the taxpayer that "(I) the implementation by the Service of TION OF SECTION 7214(c). such person is responsible for unreasonable section 552 of title 5; and "(a) REMEDIES.- delay or hindrance of an Internal Revenue "(J) any other matter which the Comp "( 1} DAMAGEs.-Whoever violates any pro Service examination or investigation of the troller General determines to be necessary vision of section 7214 any motor vehicle which is used by to the sum of- redemption of property and release of liens the taxpayer as the primary means of trans "{A) any actual damages suffered by the on property, and portation to the place of business of the tax plaintiff or $100 per day for each day the "(vi) the procedures applicable to the re payer, and prohibited activity was conducted, whichev demption of property and the release of a "(C) any tangible personal property used er is greater, lien on property under this title.". in carrying on the trade or business of the "(B) such punitive damages the Secretary has determined that personally approves (in writing) the levy of trict in which the violation occurs, or in the such liability is unenforceable due to the fi such property, or United States district court for the district nancial condition of the taxpayer.". "(2) the Secretary finds that the collec in which such person resides or conducts (C) PROPERTY EXEMPT FROM LEVY. - tion of tax is in jeopardy.". business, or has his principal place of busi ( 1) FUEL, PROVISIONS, FURNITURE, AND PER (d) UNECONOMICAL LEVY; LEVY ON DAY OF ness. SONAL EFFECTS.-Paragraph (2) of section SUMMONS.-Section 6331 is amended by redesignating al court in which a civil action under this ture, and personal effects> is amended- subsection (f) as subsection and by in section is brought pursuant to subsection (A) by striking out "and poultry" and in serting after subsection shall have jurisdiction over such action serting in lieu thereof "poultry, and other new subsections: regardless of the pecuniary amount in con animals", and " (f) UNECONOMICAL LEVY.-No levy may be troversy." . by striking out "$1,500" and inserting made on any property if the amount of the in lieu thereof " $10,000" . (C) CLERICAL AMENDMENT.-The table of expenses which the Secretary estimates (relating to Secretary with respect to the levy and sale section 7 430 and inserting in lieu thereof books and tools) is amended to read as fol of such property exceeds- the following new items: lows: " (1) the fair market value of such proper "(3) PROPERTY OF A TRADE OR BUSINESS.- If ty at the time of levy, or "Sec. 7430. Civil cause of action for violation the taxpayer is not a corporation, so much " (2) the liability for which such levy is of section 7214(c). of the books, tools, machinery, equipment, and other property necessary for the trade, made. "Sec. 7431. Cross references.". "(g) LEVY ON DAY OF SUMMONS.- business, or profession of the taxpayer as do "(1) IN GENERAL.-No levy may be made on (d) EFFECTIVE DATE.-The amendments not exceed in the aggregate $10,000 in value.". the property of any person on any day on made by this section shall take effect on the which such person is amended- "(2) No APPLICATION IN CASE OF JEOPARDY. during the 90-day period beginning on such This subsection shall not apply if the Secre (i) by striking out "$75" in subparagraph date of enactment if such records were in tary finds that the collection of tax is in existence on such date. and inserting in lieu thereof " $150", and (ii) by striking out "$25" in subparagraph jeopardy.". SEC. 9. LEVY AND DISTRAINT. and inserting in lieu thereof "$50" . (e) RELEASE OF LEVY.-Subsection (a) of NOTICE.-Section 6331 (relating to levy (B) EXEMPT INCOME DEPOSITED WITH CER section 6343 (relating to release of levy) is and distraint> is amended- TAIN FINANCIAL INSTITUTIONS.-Subsection amended to read as follows: ( 1) by striking out " 10 days" in subsec of section 6334 (relating to property "(a) RELEASE OF LEVY.- tions (a) and (d)(2) and inserting in lieu exempt from levy) is amended by adding at "(1) IN GENERAL.-Under regulations pre thereof "30 days", the end thereof the following new para scribed by the Secretary, the Secretary shall (2) by striking out "10-day period" in sub graph: release the levy upon all, or part of, the section and inserting in lieu thereof "30- "(11) EXEMPT DEPOSITS.-Any account of property or rights to property levied upon day period", the taxpayer maintained at a qualified insti if- (3) by striking out "10-DAY REQUIREMENT" tution and any withdrawable or repurchasa "(A) the liability for which such levy was in the heading of subsection (d)(2) and in ble shares in a qualified institution held by made is satisfied, serting in lieu thereof "30-DAY REQUIRE the taxpayer shall be exempt to the extent " release of such levy will facilitate the MENT", and any deposit to such account, or purchase of collection of such liability, (4) by adding at the end of subsection such shares, was made with funds exempt " (C) the taxpayer has entered into an the following new paragraph: from levy under paragraph (9) by the tax agreement under section 6159 to satisfy " (4) INFORMATION INCLUDED WITH NOTICE. payer during the 30-day period beginning on such liability by means of installment pay The notice required under paragraph ( 1 )- the day on which the taxpayer was paid or ments, "(A) shall cite the sections of this title received such funds. For purposes of the "(D) the expenses of levy and sale of such which relate to levy on property, sale of preceding sentence, the term 'qualified insti property exceed the amount of such liabil property. release of lien on property, and re tution' has the meaning given to such term ity, demption of property, and by section 128(c)(2), as in effect for taxable "(E) the taxpayer can substantiate that "(B) shall include a description of- years beginning in 1982.". the levy prevents the taxpayer from meet " (i) the provisions of this title relating to ( 4) PROPERTY EXEMPT IN ABSENCE OF AP ing necessary living expenses, or levy and sale of property, PROVAL OR JEOPARDY.- "(F) the fair market value of the property "(ii) the procedures applicable to the levy CA) IN GENERAL.-Subsection (a) of section exceeds such liability and release of the levy and sale of property under this title, 6334 is amended by adding at the <1) providing written notice to each of this Act. end thereof the following new section: member of the audit group of the item or SEC. 10. nEvrnw OF JEOPARDY LEVY AND ASSESS "'SEC. 6159. AGUEEMENTS FOR PAYMENT OF TAX LI items of such member's tax return which MENT. ABILITY IN INSTALLMENTS. the group has in common, IN GENERAL.-Section 7429 to file an amended tax return con and demand for payment is made under sec ments if the Secretary determines that such forming to the analysis of the Secretary, or tion 6331 to contest singly or through a group by inserting "or levy" after "such as "(b) OFFER OF INSTALLMENT PAYMENTS. a hearing to be provided by the Secretary in sessment" in subsection , The Secretary shall make a written offer to accordance with existing regulations. (3) by striking out "30 days" in subsection enter into an agreement described in subsec (b) No PENALTY OR INTEREST IMPOSED UPON (b)(l) and inserting in lieu thereof "90 tion (a) with any individual- AMENDED RETURN.-Notwithstanding any days", "(!) whose liability for payment of tax other provision of law, upon the filing of an does not exceed $20,000, and amended tax return pursuant to subsection <4> by inserting "the making of a levy de "(2) who has not been delinquent in pay (a)(3)(A), no penalty or interest upon any scribed in subsection (a)(l) is unreasonable, ments under any other agreement entered that" after "determines that" in subsection increased taxpayer obligation shall be im (b)(3), into for installment payment of tax liability posed. during the 3-year period ending on the date (C) EFFECTIVE DATE.-The provisions of <5> by inserting "to release such levy," such liability is required to be paid under subsection shall apply with respect to after "the Secretary" in subsection (b)(3), section 6151. audits commenced on or after the date of (6) by inserting "the making of a levy de "(C) EXTENT TO WHICH AGREEMENTS ARE the enactment of this Act. scribed in subsection or" after BINDING.- "whether" in subsection (g)(l), SEC. 13. BURDEN OF PROOF IN ADMINISTRATIVE "(!) IN GENERAL.-Except as otherwise pro AND JUDICIAL PROCEEDINGS. (7) by striking out "TERMINATION" in the vided in this subsection, any agreement en heading of subsection (g)(l) and inserting in (a) IN GENERAL.-Notwithstanding any tered into by the Secretary under subsec other provision of law, in all administrative lieu thereof "LEVY, TERMINATION,", and tion (-a) shall be binding. (8) by inserting "LEVY OR" after "JEOP and judicial proceedings between the Inter "(2) INADEQUATE INFORMATION.-An agree nal Revenue Service and a taxpayer, the ARDY" in the heading of such section. ment entered into by the Secretary under (b) DETERMINATIONS.- burden of proof on all issues shall rest upon subsection (a) shall not be binding if infor the Internal Revenue Service, except that (!) ADMINISTRATIVE DETERMINATIONS. mation which the taxpayer provided IN GENERAL.-If the Secretary makes mine- (b) EFFECTIVE DATE.-The provisions of a final determination that the financial con subsection (a) shall apply with respect pro "(A) whether or not- dition of a taxpayer with whom the Secre " (i) the making of the assessment under ceedings commenced on or after the date of tary has entered into an agreement under the enactment of this Act. section 6851, 6861, or 6862, as the case may subsection (a) has significantly changed, the be, is reasonable under the circumstances, Secretary may alter, modify, or annul such and agreement. SECTION-BY-SECTION ANALYSIS " is reasonable under the cir of title 5, United States Code, is held on the rights and obligations of a taxpayer and the cumstances.''. financial condition of the taxpayer prior to IRS during an audit; the procedures by (2) JUDICIAL DETERMINATIONS.-Paragraph the making of any final determination which a taxpayer may appeal adverse deci (2) of section 7429(b) ; tions by district court) is amended to read as such taxpayer, and the procedure for prosecuting refund claims follows: "(ii) notice of such hearing is provided to and filing of taxpayer complaints; and the "(2) DETERMINATION BY DISTRICT COURT. the taxpayer no later than 30 days prior to procedures the IRS may use to enforce the Within 20 days after an action is com the date of such hearing, and tax laws. menced under paragraph <1 ), the district " IN GENERAL.-Subchapter A of chapter particular trade, business, or profession only taxpayers of their right to remain silent, 62 codifies the within the jurisdiction of the Commit REPEALS taxpayers's right to authorize a representa tee on Foreign Relations. SEC. 6. Sections 2013 and 2030(c) of the tive who must be treated by the IRS as the Anti-Drug Abuse Act of 1986 are hereby re taxpayer for purposes of an interview. This This proposed legislation has been authorized representative may only be by requested by the administration and I pealed. passed by the IRS if the representative is am introducing it in order that there responsible for unreasonable delay or hin may be a specific bill to which Mem SECTION-BY-SECTION ANALYSIS drance of an IRS examination or investiga bers of the Senate and the public may Section 2(a) of the bill authorizes the ap tion. direct their attention and comments. propriation of $100,000,000 for Internation Section 6. General Accounting Office al Disaster Assistance. These funds will be Oversight Of The Administration Of The I reserve my right to support or used for earthquake relief, rehabilitation, Internal Revenue Laws. Requires the GAO oppose this bill, as well as any suggest and reconstruction in El Salvador. This as to make annual audits of the IRS in several ed amendments to it, when the matter sistance is in addition to funds appropriated specific areas affecting the efficient, uni is considered by the Committee on for this purpose in the Foreign Assistance form, and equitable administration of the Foreign Relations. and Related Programs Appropriations Act, internal revenue laws. I ask unanimous consent that the 1987 . Section 7. Basis For Evaluation Of Inter bill be printed in the RECORD at this Section 2(b) of the bill authorizes the ap nal Revenue Service Employees. Prohibits point, together with a section-by-sec propriation of $261,000,000 for Military As the evaluaton of IRS personnel based on sistance Programs for FY 1987. Funds au sums collected from audits and investiga tion analysis of the bill and the letter thorized by this subsection will be made tions. from the Assistant Secretary of State available notwithstanding the provisions of Se?tion 8. Authorizing, Requiring, Or Con for Legislative and Intergovernmental section 101<0 of the International Security ductmg Certain Investigations, Etc. Prohib Affairs to the President of the Senate and Development Cooperation Act of 1985 its the IRS from investigating individuals received February 13, 1987. ..... -.-1•_...,. __ - .... -..J•a.t..;--...___~ ..1.....1..-...... • ---~ ~·----=-...... _ _, --· ------~ -~ February 23, 1987 CONGRESSIONAL RECORD-SENATE 3945 stitute has made great strides toward late legislative initiatives to reduce, The PRESIDING OFFICER. With fulfilling its mission to be a high prior and ultimately eliminate, this tragic out objection, it is so ordered. ity, highly visible national program for treatment of elders which poses such a the conquest of cancer. The NCI's net great threat to our families and to our work of cancer centers has grown dra society as a whole. ORDER OF PROCEDURE matically-from 3 before 1971 to 59 in I am hopeful that the "National Mr. DOLE. Mr. President, I thank 1986-and has become an invaluable Older American's Abuse Prevention the distinguished majority leader for resource for cancer research, treat Week" will help recognize and pro awaiting my arrival. As I understand, ment, control, prevention, and train mote the prevention of elderly abuse. when the Senate adjourns until ing. Our senior citizens are some of this Thursday, that will give the Budget Research scientists, working under Nation's most vital resources. We have Committee time to work on their the sponsorship of the National an obligation to do everything in our budget, which is due, I guess, the 25th, Cancer Institute, have made numerous power to protect them.e or sometime this week. discoveries in cancer biology that con Mr. BYRD. Yes. If the distinguished stitute a foundation of knowledge for Republican leader would yield, the other cancer research programs. Such OLDER AMERICANS MONTH- committees of the Senate are required breakthroughs have included deter SENATE JOINT RESOLUTION 64 under the law to provide to the mining the function of a normal Budget Committee, no later than close human oncogene, discovering the e Mr. D'AMATO. Mr. President, the month of May traditionally has been of the day on February 25. which is structure of the T-cell receptor, dem the day after tomorrow, the estimated onstrating the role of viruses in the designated as "Older Americans Month." As I have in the past, I rise cost of the budget actions which they causation of cancer, and discovering except to report from their respective that the HTLV-III virus is a cause of again this year to lend this effort my full support. I commend Senator committees. AIDS. So there being no session of the Recent improvements in cancer cure CHILES for his initiative in reintroduc ing this legislation today. Senate tomorrow and none on rates owe much to systemic therapies Wednesday, this should give all com developed largely through NCI-spon This has become an important tradi tion for the month of May, as we take mittees time that they could find to be sored clinical trials. Numerous cancers useful and valuable in working, with now have 5-year survival rates of over time to reflect upon the unnumerable contributions made to society by older out interruption by quorum calls and 75 percent, including thyroid, endome rollcalls from the Senate floor, in trium, melanoma, breast, bladder, Americans. These commendable Amer icans have been through it all, from order to meet the deadlines. Hodgkin's disease, and prostate. Chil I hope that all committees will take dren's 5-year cancer survival rates are the Great Depression and times of war, to a point in life, which we hope advantage of this opportunity to meet at an all-time high of 60 percent. the deadlines because if we hope to The National Cancer Institute's ef fully will all reach, when days are con sumed with the richness of reflection meet the budget deadlines in other re forts also include a major research spects, it is important that the Budget program on cancer prevention. This and the education of others. "Older Americans Month" is estab Committee have this information in a program has yielded valuable informa timely fashion. tion about steps individuals can take lished to pay tribute to those who sus tain our past by passing memories and Mr. DOLE. I thank the distin to lower their personal cancer risk. guished majority leader. I again commend Senator KENNEDY experiences to our youth, enabling future generations to maintain the Mr. BYRD. Mr. President, I thank for providing us with an opportunity the distinguished Republican leader. to recognize the achievements of the spirit of patriotism and devotion to a National Cancer Institute in its first Nation that has remained strong from half century. I encourage my col more than 200 years. The purpose of ORDER FOR ADJOURNMENT leagues to join me in cosponsoring this "Older Americans Month" is to honor UNTIL 3:30 P.M. THURSDAY, worthy legislation.e the many contributions older Ameri FEBRUARY 26, 1987 cans have made to the greatness of this country. Mr. BYRD. Mr. President, I ask NATIONAL OLDER AMERICAN'S Mr. President, we, as a nation, will unanimous consent that when the ABUSE PREVENTION WEEK continue to benefit from our older Senate completes its business today it stand in adjournment until 3:30 p.m. • Mr. D'AMATO. Mr. President, I rise Americans. In particular, we will con today in support of legislation which tinue to enjoy the richness of life on Thursday, February 26. recognizes one of the most tragic reali given to us by the elderly among us, The PRESIDING OFFICER. With ties of our time, the abuse of this Na and we will continue to protect pro out objection, it is so ordered. tion's elderly. grams which meet their needs. During While the actual magnitude of this "Older Americans Month," let us re ORDERS FOR THURSDAY problem is unknown, due to methodo flect upon all that older Americans logical differences among the State re contribute to our lives, as well as to RECOGNITION OF CERTAIN SENATORS porting systems, the most conservative the life of this great Nation.e Mr. BYRD. Mr. President, I ask estimate shows as many as 2.5 million unanimous consent that on Thursday, reported cases of physical abuse of February 26, following the recognition senior citizens. The American Public AUTHORITY FOR COMMITTEES of the two leaders under the standing Welfare Association argues that these TO FILE order, the following Senators be recog elders, representing every racial, reli Mr. BYRD. Mr. President, the nized each for not to exceed 5 minutes: gious, and socioeconomic class, are the Senate will soon be going out. This re Messrs. PROXMIRE, ARMSTRONG, victims of physical and emotional quest has been cleared by the distin HEFLIN, DIXON, McCONNELL, SANFORD, abuse, neglect, and denial of funda guished Republican leader. and MURKOWSKI. mental civil rights. I ask unanimous consent that com The PRESIDING OFFICER. With It has been observed that this na mittees have authority to file bills, res out objection, it is so ordered. tional disgrace is even greater than olutions, nominations, and reports be ROUTINE MORNING BUSINESS child abuse in this country in terms of tween the hours of 10 a.m. and 3 p.m. Mr. BYRD. Mr. President, I ask national incidence. These figures un on Tuesday and between the hours of unanimous consent that following the derscore the need to focus public at 10 a.m. and 3 p.m. on Wednesday of recognition of Senators on Thursday tention on the problem and to formu- this week. under the order previously entered 3946 CONGRESSIONAL RECORD-SENATE February 23, 1987 there be a period for the transaction over under the rule, come over on other business which he cares to trans of morning business not to exceed 10 Thursday. act today, I move, under the order pre minutes. The PRESIDING OFFICER. With viously entered, that the Senate stand The PRESIDING OFFICER. With out objection, it is so ordered. in adjournment until 3:30 p.m. on out objection, it is so ordered. Thursday next. The motion was agreed to,· and the ORDER OF PROCEDURE ADJOURNMENT UNTIL THURS Mr. BYRD. Mr. President, I ask Senate, at 3:49 p.m., adjourned until DAY, FEBRUARY 26, 1987, AT Thursday, February 26, 1987, at 3:30 unanimous consent that the call of the 3:30 P.M. calendar under rule VIII be waived for p.m. Thursday and that no resolutions, Mr. BYRD. Mr. President, if the dis tinguished Republican leader has no
