March 13, 1987 CONGRESSIONAL RECORD-SENATE 5685 SENATE-Friday, March 13, 1987 The Senate met at 9:30 a.m. and was of the proceedings be approved to ORDER RESERVING called to order by the Honorable J oHN date. LEADERSHIP TIME BREAUX, a Senator from the State of The ACTING PRESIDENT pro tem- Mr. BYRD. Mr. President, I ask Louisiana. pore. Without objection, it is so or­ unanimous consent that I may reserve dered. the remainder of my time. PRAYER The ACTING PRESIDENT pro tem­ The Chaplain, the Reverend Rich­ ORDER RESERVING pore. Without objection, it is so or­ ard C. Halverson, D.D., offered the fol­ LEADERSHIP TIME dered. lowing prayer: Mr. BYRD. Mr. President, I ask Let us pray: unanimous consent that the time of Spirit of the living God, breathe the distinguished Republican leader AGENDA Your life and love upon the Senate of be reserved until later in the day. Mr. BYRD. Mr. President, while the the United States. Touch with Your The ACTING PRESIDENT pro tem­ first speaker under the order of yester­ quickening power the hearts of nation­ pore. Without objection, it is so or­ day is arriving, I should alert Senators al leaders that they may sense the dered. that, beginning next week, the busi­ claim of service and commitment to ness and the pace of action on the the profound needs of our generation. SCHEDULE floor will pick up. Enlighten their minds to comprehend Senators have for several days not the imponderable issues-their causes Mr. BYRD. Mr. President, there will had to be on the floor, for rollcalls or and the solutions. Quiet them inward­ be three Senators recognized under quorum calls and the transaction of ly to hear the still small voice that di­ the orders entered yesterday, each for business, to a great extent. Therefore, rects the way to go. Reinforce their not to exceed 5 minutes, Senators committees and subcommittees have wills to obey. Save them from all the PROXlllIIRE, ARMSTRONG, and HEINZ. had ample opportunity to meet to con­ corrupting forces which conspire to di­ There will then be a period for duct oversight responsibilities under minish the determination to fulfill the speeches out of order, and I anticipate the Constitution and to conduct hear­ sacred trust. Prosper their labors. Sur­ that Senator NUNN will be continuing ings and markups on legislation and prise them with joy in achievements the delivery of his series of speeches on nominations. exceeding their largest expectations. anent the interpretation of the ABM 'Treaty. A good bit of work has been reported In the name of the all-wise, all power­ by committees already to the calendar ful Lord we pray. Amen. Following that period, which is not to extend beyond 11 o'clock this morn­ and the Senate has acted thereon. Sev­ ing, in which Senators may speak up eral nominations have been processed . to 30 minutes out of order, the new and confirmed, and several important APPOINTMENT OF ACTING pieces of legislation, including the PRESIDENT PRO TEMPORE Senator from Nebraska will be sworn in, after which there will be a short Clean Water Act, the highway bill, the The PRESIDING OFFICER. The period for the transaction of morning emergency legislation for the home­ clerk will please read a communication business with Senators permitted to less, appliance standards legislation, to the Senate from the President pro speak therein for not to exceed 5 min­ emergency agricultural assistance, lim­ tempore [Mr. STENNIS]. utes. itation on Government Mortgage As­ The legislative clerk read the follow­ No rollcall votes are anticipated sociation fees, and other measures ing letter: today, and upon the conclusion of have been acted upon. U.S. SENATE, business the Senate will go over until Beginning next week, of course, as I PRESIDENT PRO TEMPORE, Tuesday next at the hour of 2:30 p.m. have indicated, there will be the action Washington, DC, March 13, 1987. On Tuesday next, I anticipate that on the disapproval resolution dealing To the Senate: Under the provisions of Rule I, Section 3, the Senate will begin consideration of with Contra aid, and then during the of the Standing Rules of the Senate, I the disapproval resolution with re­ remainder of the week I would antici­ hereby appoint the Honorable JOHN spect to Contra aid funding. I have not pate that there will be floor debate BREAUX, a Senator from the State of Louisi­ had an opportunity to discuss this and, in all likelihood, some rollcall ana, to perform the duties of the Chair. with the distinguished Republican votes in relation to the moratorium JOHN C. STENNIS, leader or with Senator WEICKER, the resolution on Contra funding which President pro tempore. author of the disapproval resolution. I came over from the House on yester­ Mr. BREAUX thereupon assumed hope that it will be possible to set a day. the chair as Acting President pro tem­ definite hour on next Wednesday at I made the effort yesterday to call pore. which time the Senate may vote up or up the moratorium resolution, and it down on the disapproval resolution. was objected to, which was quite prop­ There is a time limitation on that erly done under the rules. I also at­ RECOGNITION OF THE resolution of 10 hours. No motion to tempted to get unanimous consent to MAJORITY LEADER table, no motion to recommit, no have that moratorium legislation as The ACTING PRESIDENT pro tem­ motion to reconsider, no motion to the first order of business after the pore. The Chair recognizes the distin­ postpone will be in order and an swearing in of the new Senator from guished majority leader. amendments will be in order. Nebraska today, and an objection to Mr. BYRD. Mr. President, I thank Consequently, there will be a vote that unanimous-consent request was the Chair. and, as I say, I hope it will be next made, all in accordance with the rules. Wednesday, and I also hope we can an­ That legislation, therefore, is now nounce, well in advance, the hour at advancing to the calendar by virtue of THE JOURNAL which that vote will take place so that my having initiated rule XIV, and by Mr. BYRD. Mr. President, I ask all Senators may be prepared, and on midweek next week the legislation will unanimous consent that the Journal notice. be on the calendar and subject to a

e This "bullet" symbol identifies statements or insettions which are not spoken by a Member of the Senate on the floor. 5686 CONGRESSIONAL RECORD-SENATE March 13, 1987 motion to be called up. I anticipate But I also want to remind the The guest of honor at the luncheon that there will be some difficulties in Senate that, while the struggle for a was the foreign affairs secretary of getting the legislation up. free Nicaragua goes forward, similar UNITA, "Tito" Chingunji (chin-guhn­ I have been f orewamed of that by struggles are also going on in other gee), who has himself suffered griev­ the distinguished Republican leader places around the world. ously through Angola's long struggle who has exercised his rights under the One of the most critical battles is for freedom-eight of his brothers and rules, and all Senators will, of course, being fought in Angola, where the sisters have been killed; first, in the have an opportunity to exercise their democratic resistance organization war for independence against the Por­ rights under the rules, but I would an­ CUNITAl, led by Jonas Savimbi, is car­ tuguese and, now, in the war against ticipate that there will possibly be roll­ rying on a highly effective effort to es­ the Marxist MPLA. As Dr. Savimbi did call votes on every day of next week. tablish a democratic government. in his letter, Mr. Chingunji outlined to It will not be long thereafter, as a LETl'ER FROM SAVIMBI those at the luncheon the status of matter of fact, I would imagine that Recently, Dr. Savimbi sent me a UNITA's struggle and its goals for even beginning next week, we will see letter, direct from his headquarters in Angola. a greater flow of legislation from com­ the liberated section of Angola, updat­ DAWKINS MOVING FORCE BEHIND NEW GROUP mittees. The Committee on Banking, ing me on the status of the resistance The moving force behind the new or­ which is chaired by the able and elo­ effort, and expressing appreciation for ganization is one of the most respected quent Senator from Wisconsin, CMr. American assistance to UNITA. I and well-known religious leaders of PROXMIRE], has been extremely active would like to share this letter with the our country, The Reverend Clarence this year already. I am informed by Senate, and ask that the text be print­ Dawkins. At the luncheon, Reverend the chairman that we may expect leg­ ed in the RECORD. islation to reach the calendar from his Dawkins spoke compellingly-and I committee at some point next week. I POLITICAL GOALS OF UNITA should say, that whenever Reverend would hope that I could work out an I would also like to take special note Dawkins speaks, and I've heard him on arrangement with the distinguished of two sections of the letter. One a number of occasions, he is very com­ Republican leader, the chairman of stresses the pblitical goals of UNITA, pelling. Reverend Dawkins spoke with the committee, the ranking member, which are, and this is a quote: "To per­ great conviction and effect about the and others to take up that legislation suade the other side to accept political struggle of black Angolans to achieve soon and under a time agreement. dialog and national reconciliation; their freedom. And I know he intends Mr. PROXMIRE. Will the majority withdrawal of all foreign forces­ to work to bring the true story of what leader yield? namely, the 45,000 Cubans; holding of is going on in Angola to a wider audi­ Mr. BYRD. Yes. free elections, and establishment of ence in America, especially among Mr. PROXMIRE. I commend the governing institutions representing black Americans. Reverend Dawkins majority leader on this. I want to tell Angola's natural diversity of political believes, rightly, that the struggle of him we not only have reported out the opinion." black Angolans for their freedcm is di­ day before yesterday a major banking The bottom line is this: UNITA rectly related to the struggle of blacks bill, a very controversial bill, but yes­ wants negotiations, not the surrender in this country for their rights and terday, under the subcommittee chair­ of the other side; peace, not victory; dignity, and the similar struggle of manship of Senator ALAN CRANSTON, democracy, not power for itself. It blacks and other oppressed people who did a superb job, we reported out seems to me that is what we all want, around the world. a major housing bill. So we have two not only for Angola, but for all coun­ Their being no objection, the letter tries tom by internal conflict. was ordered to be printed in the big bills that will be in the Senate, RECORD, as follows: each of which will take considerable UNITA CONDEMNS APARTHEID IN SOUTH AFRICA UNITA, time and effort by this body. The other point in the letter I would Jamba, March 3, 1987. Mr. BYRD. Very well. I thank the stress is the categorical and strong Hon. ROBERT DOLE, chairman. I thank him not only for condemnation of apartheid in South U.S. Congress, the excellent work he is doing as Africa, and his pledge to, and this is Washington, DC. chairman of the committee in pressing another quote, "work for the effective DEAR SENATOR DoLE: Ten months ago the forward with the Nation's business, demise of apartheid." The charge that United States began to assist us in our re­ but also for his statement today which sistance to the Soviet-Cuban occupation of support for UNITA somehow repre­ our country. The assistance came at a very is a clear indication that the Senate sents support for South Africa, or critical time when another massive Soviet­ will soon have more work to do in ses­ apartheid, is as phony as a 3 dollar Cuban-MPLA military offensive was being sion. Of course, committees will con­ bill. launched against our liberated positions of tinue to meet, but we can expect a The fact is, the root issue in Angola Angola. Bolstered by fresh arrival of Soviet greater flow of legislation now that is exactly the same as the issue in military hardware, the enemy was desper­ committees have had ample opportu­ South Africa. In both countries, blacks ately trying to regain some of the losses he nities to meet, and they have taken ad­ are being oppressed by nondemocratic incurred in the period 1983-1985 when vantage of those opportunities. I want UNITA doubled the size of the territory regimes. In Angola, the crime is com­ under our control. to compliment and thank all chairmen pounded by the fact that the Marxist Fortunately, as a result of the timely US and ranking members and, as a matter MPLA is propped up by foreign support, forty-one Soviet-made enemy air­ of fact, all members of committees on forces-Soviets, Cubans-mercenaries craft Africa; and let's also end Marxist re­ were shot down by our forces between May pression of blacks in Angola. and October 1986 when the offensive ended. ANGOLAN FREEDOM FIGHTERS This represents more than $250 million BLACK AMERICANS FOR A FREE ANGOLA enemy losses, or a third of the enemy air­ CONTINUE STRUGGLE LUNCHEON power. BAT'l'LE GOES ON IN ANGOLA Mr. President, I would also like to The assistance did not only enable us to Mr. DOLE. Mr. President, our atten­ make brief mention of an event I had effectively repulse the offensive, it also en­ the privilege of sponsoring here on abled us to maintain intact the territory tion is focused now on the question of under our control, consolidate our penetra­ aid for the democratic resistance, the Capitol Hill earlier this week. It was a tion in the northern part of the country Contras, in Nicaragua. We will be luncheon held under the auspices of a where the support from local population making an important decision on that newly formed organization called has become quite impressive, inflict the question within the next several days. "Black Americans for a Free Angola." heaviest enemy losses in aircraft and, most March 13, 1987 CONGRESSIONAL RECORD-SENATE 5687 importantly, bring the enemy closer to un­ your understanding and leadership in the RECOGNITION OF SENATOR derstanding that the war in Angola may, United States Congress is of paramount im­ PROXMIRE indeed, be unwinnable no matter how much portance to the whole future of this region more weapons and expeditionary forces the as well as to the defense of important US in­ The ACTING PRESIDENT pro tem­ Soviets may pour into the country, and that terests. pore. Under the previous order, the negotiations and national reconciliation are, We owe much of the currently positive Senator from Wisconsin [Mr. PRox­ therefore, the only way out of the conflict. United States policy to your personal com­ MIRE] is recognized for not to exceed 5 UNITA's goal, in fact, is to persuade the mitment over the past few years, starting minutes. other side to accept dialogue and national with the historic act of the repeal of the Mr. PROXMIRE. Thank you, Mr. reconciliation, withdrawal of all foreign Clark Amendment. President. forces

91-059 0 -89-41 (Pt. 4) 5688 CONGRESSIONAL RECORD-SENATE March 13, 1987 ury? An increase in the minimum wage mum wage has dropped well below its PERMISSION FOR COMMITTEES is a reasonable answer. It is the best "real" levels of the 1960's and 1970's TO FILE REPORTS UNTIL 5 answer. Let low-income people earn unemployment has been consistently P.M. TODAY more than the pittance we pay them higher. Mr. BYRD. Mr. President, I also ask now. Some would argue that the increase How can any Senator who has en­ unanimous consent that committees in the minimum wage will hurt the may have until 5 p.m. today to submit joyed a $15,000 increase in his pay in country's international trade balance. the last few months hesitate to permit committee reports. It won't for two reasons. First, the The ACTING PRESIDENT pro tem­ his low-income constituents from re­ minimum wage does not come close to ceiving an increase in the minimum pore. Without objection, it is so or­ affecting wages in either our export dered. wage that would recognize the grim, in sensitive or import sensitive industries. fact, the savage reduction in pay that Second, there is the vivid historical ex­ our country's low-income earners have perience. In the 1980's while the real PERMISSION FOR COMMITI'EES suffered because of the failure of this minimum wage has sunk almost out of TO FILE REPORTS ON Congress to raise the minimum wage MONDAY, MARCH 16, 1987 for 6 years? Strictly because of this sight our trade balance has become congressional neglect low-income more adverse than at any time in Mr. BYRD. Mr. President, I ask workers have, in effect, suffered a real American history. unanimous consent that during the cut of 20 percent in their income and Think of it, Mr. President, here is a hours between 2 p.m. and 5 p.m. on that income is well below the poverty way to reduce Federal spending, raise Monday next, committees may submit standard even for those low-income Federal revenues, stimulate the econo­ committee reports. workers lucky enough to have full my and do justice to our poorest work­ The ACTING PRESIDENT pro tem­ time 40 hour a week jobs. ing citizens. It is time the Congress pore. Without objection, it is so or­ Mr. President, the Congress has not acted. And now. dered. only cruelly hurt low-income workers Mr. President, I suggest the absence Mr. BYRD. Mr. President, I antici­ by failing to act on the minimum of a quorum. pate the arrival of Senator NUNN mo­ wage. It has stunted economic develop­ The ACTING PRESIDENT pro tem­ mentarily. I see no other Senators ment in this country. If the Congress pore. The absence of a quorum is seeking recognition. I suggest the ab­ had simply maintained the same noted and the clerk will please call the sence of a quorum. worker purchasing power for mini­ roll. The PRESIDING OFFICER impose a moratorium on the United States War reserve stocks in Europe have FORT RILEY, KAN.-Huddled against the assistance for the Nicaraguan democratic re­ biting winter wind, Spec. 4 Kevin Jackson sistance until there has been a full and ade­ been increased substantially over 1980 and his company climbed into their tanks quate accounting for previous assistance. levels. The percentage of our goals for and personnel carriers and gunned the Mr. BYRD. Mr. President, this being onhand stocks of munitions, major motors, ready for a day of field exercises. the second reading, I object to any fur­ items and secondary items have in­ Engines growled, thick black smoke spewed ther proceedings on this measure at creased by factors of 11 percent, 23 across the icy knoll-and nothing moved. this time. percent, and 28 percent, respectively. The fleet of hulking machines sat motion­ The PRESIDING OFFICER. Objec­ Stocks of prepositioned overseas ma­ less glued to the frozen Kansas muck. teriel configured in unit sets "If there was a war in Kansas, we'd be tion having been heard after the stuck on this hill," Jackson muttered as he second reading, the joint resolution CPOMCUSl have doubled since 1980. used a hammer and screwdriver to chip ice will be placed on the calendar. Troop and maintenance facilities clumps of mud from the metal treads of an have been upgraded and the operating aging M113 armored personnel carrier. tempos of combat units have been in­ Six years after President Reagan ROUTINE MORNING BUSINESS creased. launched his $2 trillion effort to modernize Mr. BYRD. Mr. President, may we Despite these indications of progress the nation's armed forces-with special em­ now proceed with morning business? in readiness, the rate of modernizing phasis on a major infusion of new equip­ The PRESIDING OFFICER. Under our Armed Forces has been slowed ment and weapons-many soldiers say the previous order, there will now be a simply because the total defense budg­ they've only read about the promised new period for the transaction of routine hardware in magazines or seen it in televi­ ets approved by the Congress over the sion commercials promoting Army careers. morning business for a period not to past 2 years have been inadequate. We The Army, which originally estimated its exceed 30 minutes, with statements must continue to push for timely mod­ modernization program would peak by 1987, therein limited to 5 minutes each. ernization of the remaining two-thirds has completed about a third of its upgrad­ of our Army as well as continuing the ing and estimates that it will not complete modernization of our Navy, Marine the buildup until well into the next decade. SUPPORT FOR PRESIDENT'S The much-publicized modernization also is DEFENSE BUDGET Corps, and Air Force. behind schedule in the Air Force, Navy and Mr. WARNER. Mr. President, on The Armed Services Committee has Marine Corps, officials said. Military leaders February 22, the Washington Post fea­ recently voted to support the Presi­ said the completed modernization also will tured a front page article entitled dent's Defense budget request and fall short of initial expectations in all of the "Gl's Waiting for New War Ma­ sent to the chairman of the Budget services. chines," which described field training Committee letters expressing support Although the armed forces have been suc­ for the President's request of $312 bil­ cessful in efforts to improve the quality of of the U.S. Army's 1st Infantry Divi­ their troops with better pay and benefits sion at Fort Riley, KS. I ask unani­ lion for defense. Some in the Con­ and have increased military readiness in mous consent that this article be gress, I am sure, will consider this some areas-especially the front-line units printed in the RECORD following my re­ budget request too high. On the con­ in West Germany-much of the moderniza­ marks. The essence of the article is trary-even if approved at the request­ tion has not reached Army posts and naval that these units were equipped with ed level, it is not enough to continue and air bases. outdated M-60 tanks and M-113 per­ the modernization of our forces at a In many cases, weapons and equipment­ sonnel carriers rather than the Army's reasonable rate. Within this budget the basic hardware of war-are more repre­ proposal of $312 billion, it is necessary sentative of the battlefields of Vietnam new M-1 tank and M-2/M-3 Bradley than the combat arena of the future. fighting vehicle. to reduce the production rates for M-1 Fort Riley's 1st Division, which would be The facts in this story are basically tanks from 840 to 600 tanks per year, among the first Army units to deploy to correct. While the Reagan buildup is Apache helicopters from 101 to 67 air­ Europe in a crisis, was scheduled to com­ the most ambitious undertaken in craft per year, and to terminate the plete most of its modernization effort by modern peacetime history, we are by Army's AHIP Scout helicopter pro­ 1988. As of early January, with about 8 per­ no means close to completing the mod­ gram. cent of the new weapons and equipment it ernization of our Armed Forces. The Any reduction from the President's was promised, Fort Riley had barely begun request will delay further the modern­ to modernize. Some battalions will not get Army, in fact, has co.mpleted only their new equipment for several years. about one-third of its moderization ization efforts which we began several "From a firepower standpoint, we're program. years ago. The soldiers at Fort Riley where we were in 1975 or '76-that's the re­ One should not conclude, however, as well as our servicemen and women ality," said John Denning, director of Fort that we have not made significant throughout the world deserve the Riley's forces modernization office, adding, progress nor that the money has been finest equipment available. We should "It's especially frustrating when a soldier March 13, 1987 CONGRESSIONAL RECORD-SENATE 5693 sees something new and says, 'Why can't we Terry's battalion, part of the 1st Mecha­ back even further the 1991-93 scheduled de­ have it?'" nized Infantry Division , has 742 soldiers. nications equipment at Fort Riley, accord­ a tangled combination of budget squabbles, The battalion is divided into six companies: ing to officials. changes in military priorities and nagging four infantry units, an antitank company Soldiers in the field, however, often re­ development and performance problems and an administrative headquarters compa­ ceive little explanation for why they don't with new equipment. ny. have the weapons and equipment they have It is in the Anny, of all the services, that Not only have some equipment allotments heard about or used before they were as­ the problems are perhaps most visible. The been delayed, others have been cut sharply. signed to posts such as Fort Riley. Army was allocated $415 billion from 1980 Fort Riley will receive about one-fourth the "They have been training to fix a certain to 1986 for its improvement programs. The new Blackhawk utility helicopters originally piece of equipment," said Denning, noting Congressional Budget Office has reported planned for delivery, according to forces that if the equipment is not in use at Fort that the Army has fallen short of its goals modernization chief Denning. In a few Riley the soldier eventually will have to in many areas despite 10 percent annual cases, the cutbacks will be slightly offset by "have a refresher course to bring him back budget increases in the early years of the other new weapons systems, such as the up to speed from two years ago.'' Reagan buildup. Apache attack helicopter now scheduled for The delays translate into lower war readi­ delivery to Fort Riley between 1991-93, ac­ Army officials describe Fort Riley, which cording to Denning. ness rates and hamper the Army's new air­ sprawls across more than 97,000 acres of The delays and juggling of equipment are land battle war plans that concentrate on treeless eastern Kansas hills, as an accurate the results of budget cuts by Congress, con­ training units for greater coordination be­ snapshot of the Army's modernization. tinuing changes in the way the Pentagon tween air and land forces. Home to mechanized infantry and armored chooses to deploy its weapons and soldiers, The rate of modernization also affects a battalions that periodically rotate to duty in and unexpected performance problems with battalion's readiness ratings, the measure of West Germany, Fort Riley is listed as being new equipment. its ability to go to war and win. The statis­ about midway in the modernization prior­ Defense Secretary Caspar W. Weinberger tics for Lt. Col. Terry's 2nd Battalion point ities. is quick to blame Congress for slashing his to the uneven results of the modernization. M60 TANKS IN USE SINCE THE '60S original budget requests: "If we had more, While the battalion's personnel strength we could do better.... We'd like to order at and some supplies have increased, there has Fort Riley began receiving the first of its been a decline in equipment readiness and major new weapons systems, the Ml more economic rates of production-840 tanks instead of 600. We'd like to get more percentages of senior-level officers. Other Abrams tanks, last month, almost two years areas, such as the percentage of qualified after post officials said they were first told of the Bradleys, more ammunition. When you have the totals reduced you have to sat­ specialists assigned to the unit, have shown they'd get the tanks. The powerful, sophisti­ little or no change despite the increased cated tanks, which will not be assigned to isfy as many of the urgent needs as you can." funding. companies until the end of March, will re­ In its report, the Congressional Budget The most dramatic and consistent im­ place the M60 tanks that have been in serv­ Office noted, "The Army would be unable to provement in the Army since 1980 has been ice since the early 1960s. meet all of its goals-or even come near the quality of the soldiers. Today's recruits Many of the soldiers at Fort Riley are as­ meeting them-if its budget does not in­ are better-educated, better-behaved, more signed to tanks, personnel carriers, helicop­ crease in real terms.'' easily trained and more committed to their ters and other equipment that was put into jobs than their counterparts of six years service long before the Gis were born. Some CHANGING PRIORITIES AFFECT SUPPLY ago, according to Pentagon statistics as well said they were trained on the newer, more But Defense Department officials concede as field commanders. sophisticated equipment during their initial that the problems are far more complex Military leaders attribute the improve­ Army training or during rotations to West than money alone. Reagans military prior­ ment in the quality of recruits to a combina­ Germany, only to be assigned and retrained ities have changed significantly over the tion of better pay and education benefits, a on aging, less capable equipment at Fort last six years. His Strategic Defense Initia­ dimming of the antimilitary sentiment that Riley. tive did not exist when the military followed the Vietnam war and rapid swings "These are dinosaurs," Lt. Tom James modernization efforts were drafted six years in the nation's economy. groused as he clambered aboard the M60 ago. tank he had Just run through a practice ma­ The military's internal priorities also EDUCATED SOLDIERS ARE SIGNING UP neuver. change from year to year, frequently turn­ "Johnny is a cut above the Johnny that Minutes earlier, his company commander, ing weapons allotments into a chessboard of came in in 1980," said Col. Mike Shaller, Capt. William Kelso, stood in a tower moves and countermoves. The Pentagon's Fort Riley's chief of staff. squinting through binoculars at an M60 first priority in the modernization effort is In Terry's battalion, 91 percent of all sol­ that had just broken down on the snow­ its front-line forces in Western Europe. diers have a high school diploma, a mirror dusted practice range because of a hydrau­ Troops in the continental United States of the Army-wide average and almost lics problem. They're chomping at the bit generally have been modernized in order of double the Army's average of 54 percent in [for the new tanks]," Kelso said. "These are their expected rates of deployment during 1980. at least a generation old. . . . The wires only emergencies overseas. In some instances, The improvement in the education levels last so long before you start having electri­ that means a reserve unit coupled with an of the soldiers has been critical to the cal problems." early deployment active-duty unit will be Army's efforts to meet the increasingly In addition to delays in receiving the Ml upgraded long before some active-duty units taxing human demands created by its more tank fleet, which will not be fully operation­ further down the deployment list. sophisticated and complicated equipment. al for 18 more months, Fort Riley is not "We outfit our units generally with the Although modern equipment in many cases scheduled to get the new Bradley Fighting rule that the first to fight are the first to be requires far more training and knowledge, Vehicle to replace its old M113 armored per­ equipped," said Lt. Gen. Louis C. Wagner Army officials said the higher education sonnel carriers until 1991, and some post of­ Jr., the Defense Department's deputy chief levels of enlistees have kept it from having ficials are doubtful about that date. of staff for research, development and ac­ to dramatically lengthen the time soldiers The Ml tank and the Bradley, which is quisition. must devote to training on new equipment. faster, more powerful and more technologi­ Some delays, however, have been caused Army officials said that they are far from cally advanced than the smaller M113, are by faulty equipment, inadequate testing or being satisfied with the quality of their considered the cornerstones of the Army's production problems. Early problems in the troops, however. The Army still ranks modernization. In many battalion-level development of the Bradley Fighting Vehi­ behind all other armed services in the edu­ units, modernization can hinge on one of cle and the Ml tanks contributed to initial cation levels of its enlistees. Last year, de­ those major systems. delays in fielding the equipment, according spite the number of high school graduates, For Lt. Col. Joseph G. Terry Jr.'s 2nd Bat­ to Wagner. Officials withheld the Patriot 28 percent of the soldiers in Terry's battal­ talion, 16th Infantry-a mechanized infan­ air defense missile for up to a year because ion were rated as being deficient in reading try unit-that essential system is the Brad­ it "was less reliable than we thought it and writing and were recommended for en­ ley Fighting Vehicle, "When I'll get it, I should have been," he said. rollment in the Army's basic English don't know," said Terry, who took over the Other key components of the equipment courses. battalion 11 months ago. "First it was '87, modernization program, such as the SINC­ The improved education level of the sol­ then '88, '89 .... We have NCOs [noncom­ GARS radio system that is expected to dra­ diers, coupled with a major shift in the com­ missioned officers] and officers coming out matically improve battlefield communica­ position of the Army from primarily bache­ of school ready to train with the Bradley, tions, have been plagued by reliability prob­ lor troops to substantially larger numbers of but we don't have it.'' lems, according to Wagner. That could push married men and women, also has contribut- 5694 CONGRESSIONAL RECORD-SENATE March 13, 1987 ed to declines in disciplinary problems and Still, both soldiers and officers express judgments and insights to guide him crime rates, according to officials. continuing frustration over what many of through the mine field of politics and "The number of married soldiers has them consider the most important aspects the mire of Senate business. He had changed the nature of the Army," said Fort of military life: the equipment they spend Riley's Shaller. "The soldiers are much their days shooting or driving or flying or an uncanny capacity, most notably as more responsible. con a recent] weekend repairing. ranking minority member of the Agri­ there was no report of a soldier going to a "If there's something new on the block, culture Committee, of forging consen­ local bar and punching anybody out." you want to play with it," Terry said. "I say sus policy from very divergent views. I At the same time, these married and to the platoon leaders, 'I would like to have know that considerable time was spent better-educated soldiers have imposed the Bradley, too, but we don't have it. It's reflecting on his contributions and his tougher demands on the Army and its lead­ coming. If you get yourself immersed in style during a meeting of that commit­ ers. On the training field, soldiers are more your platoon, you won't concern yourself as aggressive and demanding of the command­ much with it.' " tee this week. ers, forcing military officials to be more se­ Back home in Nebraska he was an attentive and concerned representative lective in the men and women they choose TRIBUTE TO SISTER M. to lead squads and platoons and companies. of all of his constituents. In a well "Young men and women today want to TERESITA BERRY known act of rebellion he took his know more the 'why' than they used to," Mr. BRADLEY. Mr. President, as we office door off of its hinges saying: "I Shaller said. "Be prepared to explain the prepare to celebrate St. Patrick'~ Day never close my door on anything." He big picture. In training, expect a lot of ques­ this year, I would like to call attention has influenced major farm legislation tions." to an outstanding New J erseyan, of real consequence to the farmers of The soldiers are no less demanding in the Sister M. Teresita Berry, who has re­ quality of life they expect the Army to pro­ his State and others, at a time when vide them. They want more regular working cently been selected "Irish Woman of those folks are less than happy with hours, improved housing and better services the Year" by the St. Patrick's Day elected officials in Washington. and benefits. Those expectations are great­ Parade Committee of Jersey City. I perhaps knew him best in the con­ est among the married troops. Young mili­ Sister Teresita has a distinguished text of the Foreign Relations Commit­ tary families are taxing day-care and family record of community service. During tee, where he was chairman of the services as never before. her 61-year teaching career, she has While the Army has addressed some of passed on a wealth of knowledge to Subcommittee on Western Hemi­ the demands through changes in leadership hundreds of students throughout the sphere Affairs until serving as ranking attitudes and superficial improvements in State. In 1983, she was selected by the minority member there when our col­ housing and family services, many of the Jersey Journal to receive the Woman leagues on the other side of the aisle concerns have been barely touched by the of Achievement Award for her work in controlled the institution. modernization efforts at posts such as Fort the community. Because of Ed's work in Latin Amer­ Riley. ica, and my longstanding interest in The post child-care center's capacity of Although Sister Teresita is now se­ 176 has remained unchanged in the last six miretired, at 82 years of age she con­ issues of import to that region, we de­ years. In December, there were 143 children tinues to remain active in community veloped a closer relationship than on its waiting list. service, volunteering her time when­ might otherwise have been the case. At any time, 1,400 to 1,500 Army families ever possible. One very successful pro­ When Democrats regained control of are waiting to obtain housing on post, ac­ gram that she has been directing for the Senate this year, I talked to Ed cording to Fort Riley officials. The delays about subcommittee assignments, and can last from one to 12 months depending the past 11 years is called "T for C," on the soldier's rank. Almost half of the "Technology for Children." In the expressed to him my very deep person­ families on the waiting list in December basement of the convent where she re­ al interest in assuming the chairman­ were living in housing considered substan­ sides, Sister Teresita conducts classes ship of the Subcommittee on Western dard or too distant from Fort Riley, accord­ in sewing, woodworking, typing, and Hemisphere Affairs. He had been at ing to the post's housing office. elementary computer science. the helm for a long tme and had a Fort Riley has built no new housing for For the past 15 years, she has been deep interest and thorough knowledge married soldiers since the Reagan modern­ active with the senior citizens in of the issues confronting Latin Amer­ ization effort began. The primary contribu­ Jersey City. Twice a week she con­ ica. But Ed Zorinsky responded to my tion of the modernization has been to up­ grade some housing and to start a program ducts an aerobic exercise class for in­ appeal by setting seniority aside, and that gives civilian landlords incentives to terested seniors, and once a month she for reasons of personal accommoda­ improve their housing for military families. visits the patients at the geriatric hos­ tion and consideration, he acceded to "It's Just as difficult for them to find pital. She also visits other sick and my request. It was an act of great gen­ housing this year as in 1980," one housing homebound persons whenever possi­ erosity. official said. "The difference is, better hous­ ble. That is the kind of Senator Ed Zor­ ing is available." We can all learn a lesson from Sister insky was. He was a good friend, a dear TERRY: "I AM NOT A WORKAHOLIC" Teresita's life. Her endless energy, her colleague, and there will always be a In contrast, the post has 1,059 vacancies in compassion, and her desire to help soft spot in my heart and all of our its bachelor's quarters because of the de­ others are all values worthy of striving hearts where his memory will remain cline in the numbers of single soldiers living for, and I think it is fitting that she be bright. on post since 1980, when the units were honored today for her contributions to packed. Of the bachelor units still in use, her community. Because of Sister Ter­ however, 242 are substandard with inad­ esita, Jersey City is a better place to equate bathroom facilities or other major MESSAGES FROM THE problems, according to Lt. Col. Steven Whit­ live. PRESIDENT field, director of Fort Riley's engineering Messages from the President of the and housing office. TRIBUTE TO THE LA TE EDWARD United States were communicated to But there have been substantial changes ZORINSKY OF NEBRASKA the Senate by Mr. Saunders, one of his in the approach of military leaders toward their soldiers. Lt. Col. Terry, who assumed Mr. DODD. Mr. President, I was secretaries. command of the 2nd Battalion last March, greatly saddened by the untimely issued an unusual "philosophy of com­ death of our good friend and colleague mand" to his troops shortly after he ar­ Ed Zorinsky. To his wife, Cece, and his EXECUTIVE MESSAGES rived. It included statements such as: "I am family, I express my deepest condo­ REFERRED not a workaholic. Mission comes first, but you will never be evaluated on how long you lences. As in executive session, the Presid­ work. How much you do is much more im­ In the Senate, Ed was neither a ing Officer laid before the Senate mes­ portant.... I will take leave and time off: showman nor a follower. Quietly and sages from the President of the United so will you." effectively, he allowed his personal States submitting sundry nominations, March 13, 1987 CONGRESSIONAL RECORD-SENATE 5695 which were referred to the Committee MEASURES PLACED ON THE suant to law, a secret report on 99 Selected on the Judiciary. CALENDAR Acquisition Reports; to the Committee on the calendar: Agency transmitting, pursuant to law, a con­ H.J. Res. 175. Joint resolution to impose a fidential report on a foreign military assist­ moratorium on United States assistance for ance sale to Korea; to the Committee on PRESIDENTIAL APPROVALS the Nicaraguan democratic resistance until Armed Services. A message from the President of the there has been a full and adequate account­ EC-709. A communication from the Gen­ United States announced that on ing for previous assistance. eral Counsel of the Department of Defense March 12, 1987, he had approved and transmitting a draft of proposed legislation signed the following enrolled joint res­ to authorize supplemental appropriations MEASURES HELD AT THE DESK for the Department of Defense for fy 1987; olution: The following bill was ordered held to the Committee on Armed Services. s.J. Res. 20. Joint resolution to designate at the desk by unanimous consent EC-710. A communication from the Chair­ the month of March 1987, as "Women's His- until the close of business March 17, man of the Board of Directors of the tory Month." Panama Canal Commission transmitting a S.J. Res. 46. Joint resolution declaring 1987: draft of proposed legislation to convert the 1987 as "Arizona Diamond Jubilee Year." H.R. 1505. An act making technical correc- Commission from an appropriated-fund tions relating to the Federal Employees Re­ agency to a revolving-fund agency; to the tirement System. Committee on Armed Services. MESSAGES FROM THE HOUSE EC-711. A communication from the Prin­ At 10:28 a.m., a message from the EXECUTIVE AND OTHER cipal Deputy Assistant Secretary of Defense House of Representatives, delivered by transmitting, pursuant to law, a report on COMMUNICATIONS the value of property, supplies and commod­ Mr. Berry, one of its reading clerks, The following communications were ities provided by the Berlin Magistrate for announced that the House has passed laid before the Senate, together with the quarter ended December 31, 1986; to the the following bills, in which it requests accompanying papers, reports, and Committee on Armed Services. the concurrence of the Senate: documents, which were referred as in­ EC-712. A communication from the Gen­ H.R. 1505. An act making technical correc­ dicated: eral Counsel of the Department of Defense tions relating to the Federal Employees Re­ EC-699. A communication from the Secre­ transmitting a draft of proposed legislation tirement System; and tary of Agriculture and the Secretary of the to authorize appropriations for the Depart­ H.R. 1562. An act to make permanent cer­ Army transmitting, pursuant to law, notice ment of Defense for fiscal years 1988 and tain authority of the National Credit Union of the intention of the Departments to 1989; to the Committee on Armed Services. Administration. interchange Jurisdiction of civil works and EC-713. A communication from the Presi­ The message also announced that Forest Service lands at Laurel River Lake in dent and Chairman of the Export-Import pursuant to the provisions of section Kentucky; to the Committee on Agriculture, Bank of the U.S. transmitting, pursuant to Nutrition, and Forestry. law, a report on loan, guarantee, and insur­ 4 of Public Law 96-114, as amended, ance transactions by the Bank with Commu­ the Speaker appoints Mr. LANTOS as a EC-700. A communication from the Secre­ tary of Agriculture transmitting a draft of nist countries during January 1987; to the member of the Congressional Award proposed legislation to change certain price Committee on Banking, Housing, and Urban Board, on the part of the House. levels and supports for wheat, feed grains, Affairs. The message further announced upland cotton, and rice; to the Committee EC-714. A communication from the Secre­ that pursuant to the provisions of sec­ on Agriculture, Nutrition, and Forestry. tary of Transportation transmitting, pursu­ tion 601 of Public Law 99-603, the mi­ EC-701. A communication from the ant to law, a report on the effect of airline nority leader appoints as members of Acting Secretary of Agriculture transmit­ deregulation on air safety; to the Commit­ ting a draft of proposed legislation to im­ tee on Commerce, Science, and Transporta­ the Commission for the Study of Mi­ tion. gration and Cooperative Economic De­ prove the Commodity Credit Corporation's export programs; to the Committee on Agri­ EC-715. A communication from the Secre­ velopment, the following from the pri­ culture, Nutrition, and Forestry. tary of Transportation transmitting a draft vate sector: Mr. Diego C. Ascencio, of EC-702. A communication from the Secre­ of proposed legislation to authorize appro­ Washington, DC; Ms. Donna Alvarado, tary of Agriculture transmitting a draft of priations for maritime programs for fiscal of Washington, DC; and Mr. Eric H. proposed legislation to increase the borrow­ years 1988 and 1989; to the Committee on Biddle, Junior, of Arlington, VA. ing authority of the Commodity Credit Cor­ Commerce, Science, and Transportation. The message also announced that poration; to the Committee on Agriculture, EC-716. A communication from the Secre­ pursuant to the provisions of section Nutrition, and Forestry. tary of Commerce transmitting, pursuant to 203 of Public Law 99-660, the Speaker EC-703. A communication from the Secre­ law, a report on foreign fishing fees assessed tary of Agriculture and the Secretary of the by the U.S. on foreign nations; to the Com­ appoints Mr. ROWLAND of Georgia as a Army transmitting, pursuant to law, notice mittee on Commerce, Science, and Trans­ member of the National Commission of the interchange of jurisdiction over civil portation. to Prevent Infant Mortality, on the works and Forest Service lands at Lake Oua­ EC-717. A communication from the Ad­ part of the House. chita, Arkansas; to the Committee on Agri­ ministrator of the Federal Aviation Admin­ The message further announced culture, Nutrition, and Forestry. istration transmitting, pursuant to law, a that pursuant to the provisions of sec­ EC-704. A communication from the Direc­ report on airliner cabin air quality and tion 304 of Public Law 99-603, the tor of the Office of Management and safety; to the Committee on Commerce, Sci­ Speaker appoints Mr. Russell Wil­ Budget transmitting, pursuant to law, a ence, and Transportation. report on the reapportionment of certain EC-718. A communication from the Secre­ liams, of Visalia, CA, as an additional appropriated funds for Radio Free Europe/ tary of Commerce transmitting a draft of member to the Commission on Agri­ Radio Liberty, Inc.; to the Committee on proposed legislation to repeal the Anadro­ cultural Workers, from the private Appropriations. mous Fish Conservation Act; to the Com­ sector. EC-705. A communication from the Secre­ mittee on Commerce, Science, and Trans­ tary of Agriculture transmitting, pursuant portation. to law, a report on two overobligations of EC-719. A communication from the Assist­ MEASURES REFERRED apportioned authority; to the Committee on ant Secretary of Energy transmitting, pur­ Appropriations. suant to law, a report on the effectiveness The following bill was read the first EC-706. A communication from the Secre­ of including electric vehicles in the calcula­ and second times by unanimous con­ tary of the Treasury transmitting, pursuant tion of average fuel economy standards; to sent, and referred as indicated: to law, a report on an overobligation of an the Committee on Commerce, Science, and H.R. 1562. An act to make permanent cer­ apportionment; to the Committee on Appro­ Transportation. tain authority of the National Credit Union priations. EC-720. A communication from the Secre­ Administration; to the Committee on Bank­ EC-707. A communication from the Assist­ tary of Transportation transmitting, pursu­ ing, Housing, and Urban Affairs. ant Secretary of Defense transmitting, pur- ant to law, a report on truck occupant pro- 5696 CONGRESSIONAL RECORD-SENATE March 13, 1987 tection; to the Committee on Commerce, with photographs of military activities in abbreviated applications for registra­ Science, and Transportation. Vietnam for purposes of developing military tion of pesticides or new uses of pesti­ EC-721. A communication from the Assist­ histories; to the Committee on Foreign Re­ cides under certain circumstances, and ant Vice President of AMTRAK transmit­ lations. ting, pursuant to law, a report on AM­ EC-736. A communication from the Ad­ for other purposes; to the Committee TRAK'S annual review of routes for fiscal ministrator of the Agency for International on Agriculture, Nutrition, and Forest­ year 1987; to the Committee on Commerce, Development transmitting, pursuant to law, ry. Science, and Transportation. a report on the progress in conserving bio­ PESTICIDE PRICE COMPETITION ACT EC-722. A communication from the Secre­ logical diversity in developing countries; to tary of Transportation transmitting, pursu­ the Committee on Foreign Relations. Mrs. KASSEBAUM. Mr. President, ant to law, a report on the effects of airport EC-737. A communication from the the legislation I am offering, on behalf defederalization; to the Committee on Com­ Acting Secretary of State transmitting a of myself and Mr. GoRE, eliminate the merce, Science, and Transportation. draft of proposed legislation to authorize data compensation provisions of the EC-723. A communication from the Secre­ additional development and security assist­ Federal Insecticide, Fungicide, and Ro­ tary of Transportation transmitting, pursu­ ance programs for fiscal year 1988; to the denticide Act CFIFRAl. In addition, it ant to law, the annual report on the admin­ Committee on Foreign Relations. provides for the use of an abbreviated istration of the Pipeline Safety Act for 1985; EC-738. A communication from the to the Committee on Commerce, Science, Deputy Director of the CIA transmitting, application for registration of generic and Transportation. pursuant to law, a report on a new Privacy pesticides. Enactment of this amend­ EC-724. A communication from the Secre­ Act system of records; to the Committee on ment would, in effect, place manufac­ tary of Transportation transmitting, pursu­ Governmental Affairs. turers of generic pesticides on equal ant to law, a report on the automotive fuel EC-739. A communication from the Chair­ footing with generic pharmaceutical economy program; to the Committee on man of the Federal Home Loan Bank Board manufacturers. Commerce, Science, and Transportation. transmitting, pursuant to law, a report on the Board's accounting system for 1986; to My purpose in offering this measure EC-725. A communication from the Ad­ is simply to cut production costs for ministrator of the Energy Information Ad­ the Committee on Governmental Affairs. ministration transmitting, pursuant to law, farmers. I think there is little under­ standing of what these costs have the Administration's annual energy outlook INTRODUCTION OF BILLS AND for 1986; to the Committee on Energy and become. This could provide savings in Natural Resources. JOINT RESOLUTIONS the range of $200 to $500 million an­ EC-726. A communication from the Exec­ The following bills and joint resolu­ nually in the pesticide bills of Ameri­ utive Director of the U.S. Holocaust Memo­ tions were introduced, read the first can farmers. These savings would be rial Council transmitting a request that the and second time by unanimous con­ achieved by making it easier and President pro tempore fill two vacancies on sent, and referred as indicated: the Council; to the Committee on Energy quicker to bring generics onto the and Natural Resources. By Mrs. KASSEBAUM (for herself market. EC-727. A communication from the Secre­ and Mr. GORE): Let me emphasize that this bill is S. 746. A bill to amend the Federal Insecti­ not intended to deprive manufacturers tary of Energy transmitting, pursuant to cide, Fungicide, and Rodenticide Act to law, a report on emerging clean coal tech­ permit applicants to file abbreviated appli­ who originate pesticides from receiv­ nologies; to the Committee on Energy and cations for registration of pesticides or new ing an ample return on their invest­ Natural Resources. uses of pesticides under certain circum­ ment. Current law recognizes the sub­ EC-728. A communication from the Secre­ stances, and for other purposes; to the Com­ stantial research and development tary of Transportation transmitting, pursu­ mittee on Agriculture, Nutrition, and For­ costs involved in pesticide production ant to law, a report on the administration of estry. by providing a 17-year exclusive mar­ the Deepwater Port Act; to the Committee By Mr. HOLLINGS (for himself, Mr. on Environment and Public Works. keting right over registered pesticides. BREAUX, Mr. INOUYE, Mr. FORD, Mr. Manufacturers are eligible for re­ EC-729. A communication from the Ad­ RIEGLE, Mr. ExoN, Mr. GORE, Mr. ministrator of the General Services Admin­ ROCKEFELLER, Mr. PRESSLER, Mr. search and development tax deduc­ istration transmitting a draft of proposed KASTEN, Mr. TRIBLE, Mr. NUNN, Mr. tions and credits as well. legislation entitled "Public Buildings PRYOR, Mr. BUMPERS, Mr. HEFLIN, I believe these provisions offer ade­ Amendments of 1987"; to the Committee on Mr. BINGAMAN, Mr. DECONCINI, Mr. quate incentives for innovation. Yet, Environment and Public Works. SASSER, and Mr. NICKLES): the truth is that barriers to market EC-730. A communication from the Gen­ S. 74 7. A bill to establish a motor carrier entry do not end with the expiration eral Counsel of the Department of the administration in the Department of Trans­ Treasury transmitting a draft of proposed of a patent when it comes to pesti­ portation, and for other purposes; to the cides. In short, at the same time we legislation to authorize appropriations for Committee on Commerce, Science, and the Customs Service for fiscal years 1988 Transportation. have gone to great lengths to protect and 1989; to the Committee on Finance. the investments of original manufac­ EC-731. A communication from the Secre­ turers, we have done nothing to ad­ tary of Health and Human Services trans­ SUBMISSION OF CONCURRENT vance the interests of pesticide con­ mitting, pursuant to law, a report on the AND SENATE RESOLUTIONS medicare information transfer; to the Com­ sumers who would benefit from great­ mittee on Finance. The following concurrent resolutions er generic competition. EC-732. A communication from the Secre­ and Senate resolutions were read, and When we granted patent term exten­ tary of Health and Human Services trans­ referred Services traditionally has supported patent Mrs. KASSEBAUM. I would like to that an article on this subject · by restoration for the products that require explain briefly how onerous the road George Anthan of the Des Moines the premarket approval of FDA. These blocks are for the production of gener­ Register be printed in the RECORD products often entail high development ic farm chemicals. Current law re­ along with an article by Stephen Fehr costs, the risk of failure and small potential quires that an enormous amount of in the Kansas City Times following markets. In addition, innovators typically health and safety data be submitted to my remarks. lose years of patent exclusivity because of the Environmental Protection Agency The PRESIDING OFFICER. With­ testing requirements and regulatory review. [EPA] in order to register a pesticide out objection, it is so ordered. We are mindful of the paradox that the under the Federal Food, Drug, and their development. In this respect, the Fed­ they could scarcely take the risk. Cosmetic Act, S. 1093 would author­ eral drug approval process unwittingly ize the restoration of patent time lost due to serves as a quasi-patent whose term never This system simply does not make Federal premarket requirements for veteri­ expires. sense. Generic drug manufacturers nary drugs, pesticides, and agricultural We have concluded, therefore, that both have never had to pay for data which chemicals. patent restoration and an abbreviated ap­ has already been filed with the Food In summary, we support patent restora­ proval procedure ought to be included in and Drug Administration. Why should tion for veterinary drugs, but urge the Com­ the same legislation so that they may be pesticides be different? mittee to add an additional provision that considered and, hopefully, enacted together. 5698 CONGRESSIONAL RECORD-SENATE March 13, 1987 We continue to believe that it is good public But, under current law, companies seeking form of seminars, awards and advertising in policy to link the two concepts in order to to enter the market with a pesticide on farm publications. foster research for new products and at the which the patent has expired have been At sta.ke in the fight over the proposal are same time encourage competition and lower forced to compensate the innovators more billions of dollars in the U.S. agrichemical prices. In our view, it would be unfair to than five times their cost of generating the industry. Last year farmers, ranchers and consumers as well as to the industry as a data filed with EPA. other users bought $4 billion in pesticides, whole if one were enacted but not the other Farmland Industries officials told Con­ $2.6 billion in herbicides and $269 million in or if a substantial time lag occurred be­ gress recently that "when a human drug fungicides. tween the enactment of both. We would be comes off patent, for example, a generic If Kassebaum's proposal passes, oppo­ pleased to work with the Committee to add producer has only to prove to the Food and nents say, as much as $5 billion a year in an abbreviated application provision to S. Drug Administration that it is capable of agrichemical sales would shift from the 1093. producing an identical chemical compound large chemical companies to generic produc­ We are advised by the Office of Manage­ and is then authorized to begin market­ ers such as Farmland because farmers ment and Budget that there is no objection ing... :· would have more alternatives to name­ to the presentation of this report from the But FIFRA provides that the question of brand chemicals, which usually cost more standpoint of the Administration's program how much a pioneering firm is to be com­ than generic pesticides. Sincerely, pensated for the scientific data it generated "This (proposal> is not intended to deprive OTIS BOWEN, to gain approval for the pesticide will be de­ Secretary. termined through binding arbitration. In a manufacturers who originate pesticides case involving Stauffer Chemical Co., the from receiving an ample return on their in­ EXHIBIT 2 original developer of a product, and PPG In­ vestment," said Kassebaum, who will push dustries Inc., which wanted to enter the for Senate consideration of her plan when [From the Des Moines Register, Sept. 14, Congress reconvenes next month. "My pur­ 1986] market, arbitrators gave Stauffer an award valued at almost $16 million, 90 times what pose . . . is simply to cut production costs FARMERS' PuRSE STRINGS MAY TIE UP for farmers.'' CHEMICAL LEGISLATION PPG had considered reasonable. The Congressional Research Service notes Under the current system, large agrichem­ in a report that "this award was so large ical companies spend at least seven years The already shaky agreement over legisla­ that it could effectively foreclose secondary and an average of $25 million on research tion to re-authorize the Federal Insecticide, registrants by making the cost of entering a and development of a new pesticide product. Fungicide and Rodenticide Act could unrav­ market so uncertain that few firms would be Part of that process involves registration el because of an important sticking point in­ willing to take the risk. . . . " with the U.S. Environmental Protection volving farmers' pocketbooks. The Senate version of the FIFRA bill Agency. The lengthy and complex debate in Con­ greatly pleases the large chemical compa­ In return for that investment, Congress gress over FIFRA, under which farm and nies because it allows patents on new pesti­ gives the companies an exclusive right to garden chemicals are regulated, has in­ cide products to be extended for up to five sell the products for 17 years. The manufac­ volved representatives of the chemical in­ years, depending on how long the product turers also get tax breaks for their research. dustry and environmentalists, but farmers was undergoing regulatory review by EPA. When the 17-year patent expires, other have a huge financial stake in the situation. The Senate bill also gives smaller companies companies may produce the same chemicals Negotiations have taken years, but a series the right to begin health tests on such a under generic labels. of compromises this year involving the in­ pesticide up to two years before the patent But first, the smaller companies and coop­ dustry and environmental groups has expires. · eratives must obtain EPA registration. They cleared the way for both houses of Congress The House bill includes some provisions do this by spending the seven or so years to take up the bill before they adjourn this for non-binding arbitration. But Farmland duplicating the research of the original fall. emphasizes that any new law that's passed manufacturer or by compensating the origi­ The House and Senate Agriculture com­ should include a ceiling on the amount of nal manufacturer for the research data it mittees have approved versions of the new compensation that could be paid to a com­ submitted to the EPA. bill under which FIFRA would be extended pany which developed a pesticide. Forced to choose between the two, the for five years. The new law would require Farmland cites data showing dramatic smaller companies and coops say they offer that pesticides must be "registered" by the drops in the prices of some pesticides that to pay for the data. The current law says Environmental Protection Agency and that were produced under generic labels. The that if the two companies can't agree on the some 600 pesticides in use when the original data show that Phostoxin, a product that amount to be paid, a federal arbitration law was passed in 1971 must be tested for has been produced generically since 1982, panel determines it. In the one case decided their health effects. The "re-registration" has dropped in price by almost 20 percent. since the law went into effect in 1978, the of these pesticides would be financed Treflan has had generic competition since company wanting to produce the generic through fees paid by the manufacturers. last year, Farmland stated, and has experi­ pesticide had to compensate the original The controversy is over "data compensa­ enced a price cut of almost 25 percent. manufacturer $15 million, or five times the tion," splitting the mostly big companies In contrast, the cooperative contends, sev­ actual cost of registering the chemical. whose research brings pesticides into the eral leading pesticides that have no generic In the face of such large amounts, Kasse­ market and the mostly smaller companies competition have had significant price in­ baum, working with Farmland officials, has and cooperatives who later want to enter creases in recent years. the market and produce the same pesticides proposed wiping out the requirement that as generic products at a lower cost to farm­ the smaller companies pay the original man­ CFrom the Kansas Times, Dec. 10, 19841 ufacturers once the 17-year patent expires. ers. GENERIC PESTICIDES GET A BOOST Farmland Industries, Inc., a farm coopera­ "This system simply doesn't make any tive based in Kansas City, has estimated , that invest­ tion within the Department of Trans­ would address this obvious deficiency. ment won't be there, and the number of portation CDOTl. This bill is similar to It represents a very simple legislative products the farmer has will be less efficient one I introduced, but which was not step-the creation without DOT of a and less environmentally sound." acted upon, during the 99th Congress. modal administration that would con­ Still, Maslyn said, if the Farm Bureau Senator BREAUX sponsored this meas­ solidate bus and trucking functions were pressed to take a position, it probably would side with the generic producers be· ure as a Member of the House of Rep­ now spread throughout the Depart­ cause the resulting competition would lower resentatives. The bill's purpose is to ment. This would be known as the farmers' costs. However, he said, the origi­ promote efficiency and enhance the Motor Carrier Administration. The bill nal manufacturers ought to be paid a rea­ development of a coordinated national would also require the Secretary of sonable amount by the generic producers transportation system. I am pleased to Transportation and the chairman of for the manfacutuers' research data. have as cosponsors of this measure the Interstate Commerce Commission Though Kassebaum's proposal was backed Senators INOUYE, FORD, RIEGLE, EXON, [ICC] to report to Congress within 6 by the American Agriculture Movement, the ROCKEFELLER, PRESSLER, KASTEN, National Grange and the National Farmers months of enactment, outlining which Organization, its chances would be helped a TRIBLE, NUNN, PRYOR, BUMPERS, ICC functions should be transferred to great deal if such groups as the Farm HEFLIN, BINGAMAN, DECONCINI, SASSER, the new agency. Bureau and wheat growers endorsed it. and NICKLES. The Motor Carrier Administration "The thing that will turn this is if a As most of us well know, motor car­ would serve several important func­ couple of commodity groups come in on our riers serve an essential role in our na­ tions. First, it would facilitate truck side," said Jerry Waters, a Washington lob­ tional transportation network. The and bus operations to benefit the byist for Farmland. trucking industry is the largest and Farmland will push the proposal next public interest now and in years to year, but the smaller companies aren't sure most pervasive of all modes of trans­ come. Second, it would fulfill the pur­ yet whether they join in. A group of about portation in this country. It carries poses of the Department of Transpor­ 60 small chemical companies and co-ops the most freight, travels the greatest tation Act relative to transportation called the Pesticide Producers Association, number of miles, employs the most policy, technological development, of which Farmland is a member, is to meet people, and offers the greatest variety transportation safety, protecting the this week to decide whether it can afford a of transportation services. environment, improving transporta­ $350,000 lobbying effort over the next two Unlike other methods of transport­ years. Last year the group spent $100,000. tion systems, and protecting consumer Farmland suffered its worst year in fiscal ing goods-rail, air, and water-truck­ interests. Finally, the Motor Carrier 1986. Its interest in the generic pesticide is ing is not limited to a few terminals Administration would provide compre­ not so much for its own financial benefit, and byways. Its operations are con­ hensive research, planning and pro­ because Farmland officials aren't sure to ducted on the streets, roads, and high­ gramming that will enable Congress what extent their firm would produce gen­ ways of the Nation-in every county, and the Federal Government to make erics, but for the sake of its members, offi. town and city. It has a daily impact on well founded and properly directed cials said. the traveling public, and on the "If we can show 20 to 25 percent drop in legislative and regulatory decisions. the price on these products because of homes, businesses, farms, and factories This bill has strong support within someone else-Farmland or anyone-coming along those routes. In addition, truck­ the trucking and bus industries. Other in to the market, that's an overall savings to ing very significantly affects the gov­ groups also realize the potential bene­ all of our members and the farmers," said ernmental entities responsible for fits and have endorsed its passage. John M. Wise, Farmland's regulatory affairs maintaining and operating those Supporters of a Motor Carrier Admin­ manager. roads. istration include: In October, when the Senate considered The intercity bus industry also legislation to overhaul pesticide laws, Mrs. serves as an important component of American Bus Association. Kassebaum offered her plan as an amend· American Pulpwood Association. ment but later withdrew it because it our passenger transportation network. American Retreaders Association. threatened passage of the whole bill. As it The industry estimates that in 1985 American Trucking Associations. turned out, the bill died and probably is alone, intercity buses carried over 325 Food Marketing Institute. going to be considered again next year. million passengers and traveled ap- Motor Vehicle Manufacturers Association. 5700 CONGRESSIONAL RECORD-SENATE March 13, 1987 National Association of Truck Stop Opera- "§ 111. Motor Carrier Administration honor to join with him in the Senate tors. "(a) The Motor Carrier Administration is in the lOOth Congress to reintroduce National Automobile Dealers Association. an administration in the Department of Motor Carrier Administration legisla­ National Council of Farmer Cooperatives. Transportation. tion. National Farmers Union. "(b)(l) The head of the Administration is The National Grange. an Administrator who is appointed by the As proposed, the bill would author­ National Safety Council. President, by and with the advice and con­ ize consolidation of motor carrier Service Station and Automotive Repair sent of the Senate. The Administrator re­ policy, management, and operations Association. ports directly to the Secretary of Transpor­ into one office. By purpose, the legis­ Towing and Recovery Association. tation. lation is designed to improve and en­ Trucking Industry Alliance. "(2) The Administration has a Deputy Ad­ hance the policy and regulatory Truck Trailer Manufacturers Association. ministrator who is appointed by the Secre­ United Bus Owners of America. tary, with the approval of the President. framework of motor carrier programs, United Fresh Fruit and Vegetable Associa­ The Deputy Administrator shall carry out as well as to enable more efficient and tion. duties and powers prescribed by the Admin­ effective program development and Mr. President, the creation of a istrator. implementation. Motor Carrier Administration will pro­ "(C) The Administrator shall carry out­ Intended beneficiaries of the Motor mote efficiency. Such an administra­ "(l) duties and powers related to motor Carrier Administration are the motor tion would be relatively small in size, carrier safety vested in the Secretary by carrier industry, the public, and the chapters 5 and 31 of this title; and Federal Government. but would benefit virtually all Ameri­ "(2) other functions, powers, and duties of cans by providing better access, ensur­ the Secretary relating to motor carriers pre­ The motor carrier industry is com­ ing improved coordination and result­ scribed by the Secretary, except for the au­ posed of private and for-hire trucks ing in an improved national transpor­ thority to promulgate motor vehicle safety and buses. Daily, the industry serves tation system. standards applicable to the manufacture of the public through freight and passen­ I urge my colleagues to support the trucks and buses, which authority shall ger transportation. Grouping motor passage of our bill, which would ac­ remain in the National Highway Traffic carrier programs into a single unit, complish these objectives. Safety Administration. namely, the Motor Carrier Adminis­ "(d) A duty or power specified in subsec­ Mr. President, I ask unanimous con­ tion of this section may be transferred tration, would allow the industry to sent that the text of this bill be print­ to another part of the Department only serve the public better and the Feder­ ed in the RECORD. when specifically provided by law or a reor­ al Government to work more effective­ There being no objection, the bill ganization plan submitted under chapter 9 ly with the industry. was ordered to be printed in the of title 5. A decision of the Administrator in Unifying these programs under the RECORD, as follows: carrying out those duties or powers and in­ Motor Carrier Administration would s. 747 volving notice and hearing required by law facilitate administration motor carrier is administratively final.". productivity, safety, vehicle size and Be it enacted by the Senate and House of <2> The analysis for chapter 1 of subtitle I Representatives of the United States of weights, environmental protection and America in Congress assembled, That the of title 49, United States Code, is amended by adding at the end thereof the following: taxation issues. Just as important, pro­ Congress finds that- gram duplication could be eliminated. <1 > within the Federal Government there "111. Motor Carrier Administration.". is, for each mode of transportation Section 5314 of title 5, United States A Motor Carrier Administration than motor carrier>, one organizational Code, is amended by adding at the end would allow for a better coordinated entity responsible for coordinating activities thereof the following: and more cohesive development and to ensure the safe and efficient operation of "Administrator, Motor Carrier Adminis­ implementation of motor carrier pol­ transportation by such mode; tration, Department of Transportation.". icy, management and operations. Iden­ <2> such coordination for motor carrier <2> Section 5316 of title 5, United States tification of and solutions to problems transportation has been lacking with regard Code, is amended by adding at the end to advising Congress, conducting research, thereof the following: could be improved. Industry and Gov­ planning and programming, and developing "Deputy Administrator, Motor Carrier Ad­ ernment could communicate and work and integrating policies and programs ministration, Department of Transporta­ together more effectively and effi­ within our total national transportation net­ tion.". ciently. Motor carrier operations could work; SEC. 3. Within six months of the date of be made safer and more productive as (3) the establishment of a Motor Carrier enactment of this Act, the Secretary of the result of a consolidation, to the Administration within the Department of Transportation, in consultation with the benefit of the public, the industry, and Transportation will increase productivity Chairman of the Interstate Commerce Com­ and efficiency, and will provide cost savings mission, shall- the Federal Government. resulting from the elimination of duplica­ <1) review all activities of the Interstate The concept of consolidating trans­ tive activities within the Federal Govern­ Commerce Commission which affect trans­ portation programs and administering ment; portation by motor carriers, to determine them under a single agency has prece­ <4> motor carrier safety is an area of in­ which activities could be more efficiently dent. Established and operational creasing public concern, and the establish­ performed by the Motor Carrier Adminis­ today are the Federal Aviation Admin­ ment of a Motor Carrier Administration tration; and istration, the Maritime Administra­ would reflect the intent of Congress to give <2> tramsmit to the Congress the results the highest priority to safety on the Na­ of this review conducted under paragraph tion, and the Federal Railroad Admin­ tion's highways; and (1 > of this section, together with such rec­ istration. <5> the Motor Carrier Administration will ommendations for legislation or other I join with Chairman HOLLINGS in facilitate improved access and interaction action necessary to achieve such efficien­ welcoming Senators to cosponsor the among the Federal, State, and local govern­ cies.• bill to show support for establishment mental agencies, motor carrier, shippers, e Mr. BREAUX. Mr. President, I am of a Motor Carrier Administration and the traveling public, thereby furthering pleased to join with the distinguished within the Department of Transporta­ the public interest. SEC. 2. Section 104 of title 49, United Senator from South Carolina and tion.e States Code, is amended- chairman of the Senate Commerce e Mr. SASSER. Mr. President, I am <1> in subsection , by inserting Committee, Mr. HOLLINGS, to intro­ joining today as an original cosponsor "and" immediately after the semicolon at duce legislation to establish a Motor of legislation to establish a Motor Car­ the end of paragraph (1), striking para­ Carrier Administration within the U.S. rier Administration within the Depart­ graph <2>, and redesignating paragraph Department of Transportation. ment of Transportation. This is identi­ <3> as paragraph <2>: and During the 99th Congress, I had intro­ cal to legislation I cosponsored in the <2> by striking subsection . (b)(l) Chapter 1 of subtitle I of title 49, duced a Motor Carrier Administration 99th Congress. United States Code, is amended by adding bill in the House. At that time, Sena­ The trucking industry is the largest at the end thereof the following new sec­ tor HOLLINGS had introduced a similar means of transportation in the United tion: Senate bill. It is my privilege and States by any standard-freight car- March 13, 1987 CONGRESSIONAL RECORD-SENATE 5701 ried, miles traveled, people employed. added as cosponsors of S. 12, a bill to CMr. WIRTH], and the Senator from It directly effects millions of people amend title 38, United States Code, to Iowa CMr. HARKIN] were added as co­ daily-the traveling public, businesses, remove the expiration date for eligibil­ sponsors of S. 552, a bill to improve factories, and farms. Indirectly, it ity for the educational assistance pro­ the efficiency of the Federal classifica­ touches the lives of virtually all Amer­ grams for veterans of the All-Volun­ tion system and to promote equitable icans daily. It carries our food, our teer Force; and for other purposes. pay practices within the Federal Gov­ fuel, and our clothing. s. 24 ernment, and for other purposes. The industry is particularly impor­ At the request of Mr. MOYNIHAN, the tant in rural areas. Thousands of my name of the Senator from Maryland s. 585 constituents in Tennessee are totally [Ms. MIKULSKI] was added as a co­ At the request of Mr. DURENBERGER, dependent on the trucking industry to sponsor of S. 24, a bill to amend title the name of the Senator from Iowa move goods to and from their commu­ II of the Social Security Act to waive, CMr. GRASSLEY] was added as a cospon­ nities. They live in areas which have for 5 years, the 24-month waiting sor of S. 585, a bill to provide relief to few alternative transportation options period for Medicare eligibility on the State and local governments from Fed­ and trucking is vital to their economic basis of disability in the case of indi­ eral regulations. development. viduals with acquired immune defi­ s. 660 One issue that has been of particu­ ciency syndrome CAIDSJ, to require At the request of Mr. DURENBERGER, lar concern in my State is that of the Secretary of Health and Human truck safety. In 1980, in Tennessee, the name of the Senator from Wash­ Services to make grants to State and ington CMr. EvANsl was added as a co­ there were 81 accidents involving com­ local governments for the establish­ bination trucks resulting in 89 fatali­ ment of programs to test blood to sponsor of S. 660, a bill to create a ties. By 1985, those figures had detect the presence of antibodies to fiscal safety net program for needy climbed to 108 accidents and 121 the human T-Cell lymphotrophic virus communities. deaths. Clearly, much work remains to and to make grants to eligible State s. 729 be done on safety issues. and local governments to support At the request of Mr. WEICKER, the Despite its importance, there is no projects for education and information name of the Senator from Connecticut single agency of the Federal Govern­ dissemination concerning acquired CMr. DODD] was added as a cosponsor ment responsible for coordinating immune deficiency syndrome, and for of S. 729, a bill to provide for the de­ trucking policy. We have the Federal other purposes. velopment and implementation of pro­ Aviation Administration for airlines, s. 51 grams for children and youth camp we have the Federal Railroad Admin­ At the request of Mr. HATCH, the safety. istration for railroads. But the respon­ name of the Senator from Wyoming sibility for the most important trans­ CMr. SIMPSON] was added as a cospon­ SENATE JOINT RESOLUTION 5 portation mode in the country is scat­ sor of S. 51, a bill to prohibit smoking At the request of Mr. D'AMATo, the tered all over the Federal Govern­ in public conveyances. names of the Senator from Minnesota [Mr. DURENBERGER], the Senator from ment. s. 63 The legislation we are introducing At the request of Mr. STEVENS, the Nebraska CMr. ExoNl, and the Senator today will correct that deficiency. It name of the Senator from South Caro­ from Utah CMr. HATCH] were added as creates a Motor Carrier Administra­ lina CMr. HOLLINGS] was added as a co­ cosponsors of Senate Joint Resolution tion in the Department of Transporta­ sponsor of S. 63, a bill to establish a 5, a joint resolution designating June tion. This modest step offers impor­ National Commission on Acquired 14, 1987, as "Baltic Freedom Day." tant advantages. Immune Deficiency Syndrome. SENATE JOINT RESOLUTION 14 First of all, it will provide a central s. 109 At the request of Mr. HELMS, the point in the Federal Government for At the request of Mr. INOUYE, the name of the Senator from Kansas transportation policy, technological name of the Senator from Maryland [Mrs. KASSEBAUM] was added as a co­ development, transportation safety, CMs. MIKULSKI] was added as a co­ sponsor of Senate Joint Resolution 14, protecting the environment, improving sponsor of S. 109, a bill to permit the transportation systems, and protecting a joint resolution to designate the naturalization of certain Filipino war third week of June of each year as consumer interests. Currently, respon­ veterans. sibility for these areas is so scattered "National Dairy Goat Awareness throughout the Federal Government s. 450 Week." At the request of Mr. ARMSTRONG, that one hand often does not know SENATE JOINT RESOLUTION 52 the names of the Senator from Colora­ what the other is doing. do CMr. WIRTH], the Senator from At the request of Mr. HATCH, the In addition the Motor Carrier Ad­ Nevada CMr. HECHT], the Senator from names of the Senator from Louisiana ministration would provide compre­ Nevada CMr. REID], the Senator from [Mr. JOHNSTON], the Senator from hensive research, planning, and pro­ Idaho CMr. SYMMS], the Senator from Alabama CMr. SHELBY], the Senator gram.ming. It will enable Congress and South Dakota CMr. PRESSLER], and the from Washington CMr. EVANS], the the executive branch to implement Senator from Alaska CMr. STEVENS] Senator from Pennsylvania CMr. the soundest and most effective truck­ were added as cosponsors of S. 450, a HEINZ], the Senator from Idaho CMr. ing policies. The result will be better bill to recognize the organization SYMMS], and the Senator from Con­ service to carriers, shippers, and the known as "the National Mining Hall of necticut CMr. WEICKER] were added as traveling public. cosponsors of Senate Joint Resolution So, I am pleased to join in cospon­ Fame and Museum." s. 542 52, a joint resolution designating the soring this bill and I urge its early con­ week of May 10, 1987, through May 16, sideration by the Senate.e At the request of Mr. ARMSTRONG, the names of the Senator from Ten­ 1987, as "National Fetal Alcohol Syn­ nessee [Mr. GoRE], and the Senator drome Awareness Week.'' ADDITIONAL COSPONSORS from Arkansas CMr. BUMPERS] were SENATE JOINT RESOLUTION 56 s. 12 added as cosponsors of S. 542, a bill to At the request of Mr. INOUYE, the At the request of Mr. CRANSTON, the recognize the organization known as name of the Senator from Virginia names of the Senator from South the "Retired Enlisted Association, CMr. WARNER] was added as a cospon­ Carolina CMr. HOLLINGS], the Senator Inc." sor of Senate Joint Resolution 56, a from Indiana CMr. LUGAR], the Senator s. 552 joint resolution designating the third from Iowa CMr. HARKIN], and the Sen­ At the request of Mr. CRANSTON, the week in May of each year as "National ator from Alabama CMr. SHELBY] were names of the Senator from Colorado Tourism Week." 5702 CONGRESSIONAL RECORD-SENATE March 13, 1987 SENATE JOINT RESOLUTION 63 SENATE CONCURRENT RESO­ <2> calls upon the Government of ~ho­ At the request of Mr. BRADLEY, the LUTION 31-COMMENDING slovakia to cease its persecution of those in­ THE CZECHOSLOVAK HUMAN volved in Charter 77 and other human names of the Senator from Rhode rights activities; and Island CMr. CHAFEEl, the Senator from RIGHTS ORGANIZATION, CHAR­ <3> commends the United States repre­ Connecticut [Mr. DODD], the Senator TER 77, ON ITS lOTH ANNI­ sentatives to the Vienna Review Meeting of from New Mexico CMr. DoMEN1c1], the VERSARY the Conference on Security and Coopera­ Senator from Utah CMr. GARN], the Mr. PRESSLER submitted the fol­ tion in Europe for raising with the repre­ sentatives of the Government of ~hoslo­ Senator from Iowa CMr. GRASSLEY], lowing concurrent resolution; which was referred to the Committee on For­ vakia the issue of the persecution of those the Senator from Pennsylvania [Mr. involved in Charter 77 and other human HEINZ], the Senator from Kansas eign Relations: rights activities, and encourages them to [Mrs. KASSEBAUM], the Senator from S. CON. RES. 31 continue to raise this issue. Whereas on August 1, 1975, the Final Act Idaho [Mr. McCLURE], the Senator of the Conference on Security and Coopera­ from Alaska [Mr. MURKOWSKI], the tion in Europe was signed at Helsinki, Fin­ NOTICES OF HEARINGS Senator from South Dakota CMr. land, by 33 European states, together with PREssLERl, the Senator from Pennsyl­ Canada and the United States; SELECT COMMITTEE ON INDIAN AFFAIRS vania CMr. SPECTER], the Senator from Whereas the signatories of the Helsinki Mr. INOUYE. Mr. President, I would Idaho [Mr. SYMMsl, the Senator from Final Act committed themselves under prin­ like to announce that the Select Com­ ciple VII to "respect human rights and fun­ mittee on Indian Affairs will be hold­ Virginia [Mr. TRIBLE], the Senator damental freedoms, including the freedom from Wyoming [Mr. WALLOP], and the ing a markup on March 19, 1987, at 2 of thought, conscience, religion or belief, for p.m., in Senate Russell 485, on the fol­ Senator from California [Mr. WILSON] all without distinction as to race, sex, lan­ were added as cosponsors of Senate guage or religion"; lowing bills: Joint Resolution 63, a joint resolution Whereas principle VII specifically con­ S. 136. A bill to improve the health status to designate March 21, 1987 as "Af­ firms the "right of the individual to know of Native Hawaiians; and and act upon his rights and duties" in the S. 360. A bill to improve the education ghanistan Day." field of human rights, and principle IX con­ status on Native Hawaiians, and for other firms the relevant and positive role organi­ purposes. SENATE JOINT RESOLUTION 73 zations and persons can play in contributing Those wishing additional informa­ At the request of Mr. D'AMATo, his toward the achievement of the aims of the tion should contact the committee at Helsinki Final Act; 224-2251. name was added as a cosponsor of Whereas the Helsinki Final Act raised the Senate Joint Resolution 73, a joint res­ expectations of the peoples of Czechoslova­ olution designating the week of April kia for greater observance of human rights ADDITIONAL STATEMENTS 26, 1987, through May 2, 1987, as by the Government of Czechoslovakia, and "Youth Commitment to Ending engendered the formation of Charter 77 in 1977 as a mechanism whereby private citi­ Hunger Week." zens could maintain a dialogue with that TRIBUTE TO VAL BJORNSON SENATE CONCURRENT RESOLUTION 20 Government; e Mr. DURENBERGER. Mr. Presi­ Whereas since 1977, when 257 people dent, one of the true giants of public At the request of Mr. GoRE, the signed the Charter 77 manifesto, the service in Minnesota, former State names of the Senator from Maryland number of signatories has risen to over treasurer Val Bjornson, died Tuesday CMs. MIKULSKI], the Senator from 1,000; Whereas in April 1978, Charter 77 signato­ night at his home in South Minneapo­ North Dakota [Mr. BURDICK], the Sen­ ries founded the working group VONS, the lis. He was 80 years of age. ator from Maryland CMr. SARBANES], Committee for the Defense of the Unjustly I first came to know Val Bjornson as the Senator from West Virginia CMr. Persecuted, which complements the work of a young worker in the Republican RocKEFELLERl, the Senator from Ala­ Charter 77; Party in Minnesota. Val upheld the bama [Mr. SHELBY], the Senator from Whereas Charter 77 has informed many progressive and pragmatic tradition of Pennsylvania [Mr. HEINZ], and the in the West of important developments in Czechoslovak society and the world, and it the Minnesota Republican Party-as Senator from South Carolina [Mr. has willingly engaged in dialogue with other State treasurer for a total of 22 years HOLLINGS] were added as cosponsors of East European activists, as well as West Eu­ and as our party's candidate for the Senate Concurrent Resolution 20, a ropean organizations and individuals; U.S. Senate against the late Hubert H. concurrent resolution to express the Whereas individuals involved in Charter Humphrey in 1954. sense of Congress that funding for the 77 and VONS activities have spoken out I also had the privilege of working Vocational Education Program should honestly and forthrightly in a society beset with Val in 1966 when he and my law by routine human rights violations, and partner, Harold LeVander, cam­ not be eliminated. they have done so at the risk-and some­ times the certainly-of imprisonment, exile, paigned together for statewide office. SENATE RESOLUTION 167 harrassment, and other punishment by the Later as then Governor LeVander's ex­ At the request of Mr. BIDEN, the Government of Czechoslovakia; ecutive secretary, I saw firsthand the names of the Senator from Michigan Whereas the Government of Czechoslova­ diligence with which Val Bjornson car­ [Mr. LEvIN], the Senator from Rhode kia persecutes not just the people actively ried out his responsibilities as State Island [Mr. PELL], the Senator from involved in Charter 77's activities, but also treasurer. family members, including children; Val Bjornson was particularly con­ California [Mr. CRANSTON], the Sena­ Whereas at present, seven signatories of scious of his accountability to the tor from Massachusetts CMr. KENNE­ the Charter 77 manifesto are serving prison people who elected him time and again DY], the Senator from Massachusetts terms of are in detention: Walter Kania, between 1950 and 1975. I recall, a time [Mr. KERRY], and the Senator from Il­ Frantisek Veis, Jiri Wolf, Lenka Mareckova, Stanislav Pitas, Herman Chromy, and Jan in 1972, when I was executive secre­ linois [Mr. SIMON] were added as co­ Dus; and tary to the Minnesota Constitutional sponsors of Senate Resolution 167, a Whereas January 1987 marks the tenth Study Commission, an impassioned resolution concerning constitutional anniversary of the establishment of Charter presentation by Val arguing against principles pertinent to the making of 77: Now, therefore, be it making the State treasurer position treaties, and further concerning the Resolved by the Senate (the House of Rep­ appointive. Although the commission interpretation of the treaty between resentatives concurring), That the Con­ gress- voted against his recommendation, Val the United States of America and the <1 > commends the Czechoslovakia human kept a careful eye on the treasurer's Union of Soviet Socialist Republics on rights organization Charter 77, on the occa­ method of selection even after he left the Limitation of Anti-Ballistic Missile sion of the 10th anniversary of its establish­ office. Perhaps partly due to his vigi­ Systems. ment of the aims of the Helsinki Final Act; lance, the office is still elected. March 13, 1987 CONGRESSIONAL RECORD-SENATE 5703 Val Bjornson was well known for his "Val Bjornson was more of a Democrat and 3 are from the executive branch. I booming voice and his great sense of than a Repubican . He want to begin my remarks by thanking humor. His Icelandic heritage was a was a very liberal Republican. He certainly would be very uncomfortable in the Repub­ individually everyone who served as a frequently cited oddity in a State lican Party today," the former DFL gover­ Commissioner during my chairman­ dominated by N orweigians and nor said. ship. Swedes-German-Polish politicians Former Republican Gov. Harold LeVander The distinguished Members of this with names like Durenberger are a rel­ called Bjornson "a great fellow, a good poli­ body who served on the Commission atively recent phenomenon. And, Val tician and a very able speaker." during my chairmanship were Sena­ was always quick to point with pride With his Icelandic background, "He got tors JOHN HEINZ, JIM McCLURE, MAL­ to his family, particularly his children, both the Swedes and the Norwegians to vote for him," LeVander said. COLM WALLOP, GORDON HUMPHREY, as evidence of the substantial contri­ Bjornson was a power within the Republi­ CLAIBORNE PELL, PATRICK LEAHY, Rus­ butions of Icelanders to his State. can Party. In 1956, when he returned to SELL LoNG, and DENNIS DECONCINI. Mr. President, an important part of office after losing the Senate race to Hum­ The distinguished Members of the Minnesota's history died the other phrey, he was the only Republican on the House of Representatives who served night with one of its outstanding and state ticket to win. as Commissioners are STENY HOYER, most devoted public servants, Val The Democratic-Farmer-Labor Party con­ DANTE FASCELL, SIDNEY YATES, TllrlO­ Bjornson. Because of his outstanding ceded the office to Bjornson, fielding token THY WIRTH, ED MARKEY, DON RITTER, contributions, I request that the fol­ opponents against him. Only Stafford King, who was state auditor for 38 years, and CHRIS SMITH, JACK KEMP, and JOHN lowing tribute published in the Minne­ Mike Holm, who was secretary of state for EDWARD PORTER. Our distinguished col­ apolis Star and Tribune be printed in 31 years, held constitutional office in the league Senator FRANK LAUTENBERG was the RECORD: executive branch longer than Bjornson. appointed to the Commission after The article follows: Russell Fridley, the retired director of the this past November's election, replac­ EX-STATE TREASURER BJORNSON DIES AT 80 Minnesota Historical Society, said Bjornson ing RUSSELL LoNG. The distinguished was a man of "scholarly interest and ability executive branch Commissioners were who brought a strong sense of history to his Val Bjornson, the deep-voiced orator who office.'' Assistant Secretary of Defense Rich­ served as state treasurer longer than anyone Bjornson was born in Lyon County in ard N. Perle and Assistant Secretary else in Minnesota history-a total of 22 1906, the son of Icelandic immigrants. His of State Richard Schifter. The Com­ years-died Tuesday night at his south Min­ father owned the Minnesota Mascot, a merce Department's seat on the Com­ neapolis home. He was 80. weekly newspaper, and Val served as editor mission has been and remains vacant. A daughter, Maja Bjornson, said her before and after he attended the University Each of these Commissioners has father died of congestive heart failure. of Minnesota. In 1930 he graduated Phi contributed to the Commission's ef­ Gov. Rudy Perpich ordered flags lowered Beta Kappa and five years later became a forts in his own way. Without the help to half-staff in the State Capitol complex Twin Cities radio commentator on news, today and Friday in memory of the man farm and political topics. and support of each of them, the Com­ whom at least three generations of politi­ He worked for the old Minneapolis Jour­ mission could not have accomplished cians and political devotees simply called nal and later the Minneapolis Tribune. In its assigned oversight task and could "Val." 1947 he was named associated editor of the not have been effective in its efforts to "He was one of Minnesota's most liked St. Paul Pioneer Press and Dispatch. advance the cause of human rights. and most respected public servants," Per­ He spent four years in the Navy during While the individual contributions pich said. "He served with honor and dis­ World War II in Iceland. While stationed of Commissioners have been too nu­ tinction in state office, and brought honor there he married a native Icelander, and distinction to his political party." Gudrun Jonsdottir. He was discharged as a merous to mention in detail, I do want Valdimar Bjornson gave up a newspaper lieutenant commander. to make special mention of the dedica­ and radio career in 1950 to run for state Besides his wife, Bjornson is survived by tion, knowledge, leadership ability, treasurer as a Republican. He would need daughters Helga Visscher of Northport, and commitment of my distinguished no other job; it was his for as long as he Ala., Kristin Ode of St. Paul and Maja and able cochairman, Representative wanted it. Bjornson of Minneapolis; sons Jon and Val­ STENY HOYER of Maryland, who was In 1954 he ran unsuccessfully for the U.S. dimar, both of Minneapolis; brothers Bjorn appointed Chairman for the lOOth Senate against the incumbent freshman, and Jon, both of Minneapolis; sisters Helga Hubert Humphrey. Bjornson sat out of poli­ Brogger of Minneapolis and Stefania Congress on February 11. Our distin­ tics for two years and then ran again for his Denbow of Athens, Ohio, and four grand­ guished colleague, the senior Senator treasurer's seat, which he regained in 1957 children.e from Arizona, Senator DENNIS DECON­ and held until 1975, when he retired be­ CINI, was appointed Cochairman for cause of ill health. the lOOth Congress on February 26. He brought to the job a voice strong THE HELSINKI COMMISSION Knowing both of these gentlemen well enough to snub microphones, a deep sense •Mr. D'AMATO. Mr. President, I rise and having the highest respect for of Minnesota history, an appreciation of his their talents, I am confident that the Icelandic heritage and a regard for his today to begin an effort to sum up my office. experiences as Chairman of the Com­ Commission's leadership for this Con­ He was a conversationalist, a raconteur mission on Security and Cooperation gress is in good hands and that they and an orator who frequently was heard at in Europe since April 1985 and to set will aggressively and successfully Lincoln Day festivities favored by Republi­ forth my views on the future of the pursue the Commission's mandate in cans. He liked good stories and good drink, Helsinki process and U.S. policy the Helsinki process. and enjoyed combining the two. toward the process. By operation of The Commission is a bipartisan, bi­ He was multilingual and often conversed Public Law 99-7, I relinquished the cameral, legislative branch agency in fluent Norwegian with Gov. Karl Rol­ vaag, a close friend from college days. chairmanship of the Commission with which includes executive branch mem­ Rolvaag the Norwegian and Bjornson the the beginning of the lOOth Congress, bers and deals with foreign policy in a Icelander would sometimes speak in Norwe­ so I am taking this opportunity to particularly complex multilateral area. gian at Executive Council meetings, much highlight for my colleagues and the With STENY's very capable assistance, to the consternation of Secretary of State American people certain important we were able to function effectively, Joseph Donovan and Auditor Stafford King. issues which I strongly believe warrant advancing the cause of human rights They would scheme in Norwegian in front urgent and thoughtful attention. and working toward the kind of world of the two, come back to English and com­ The Commission, which is popularly in which we all want to live-a secure plete their plan. Rolvaag laughed at that recollection yes­ known as the Helsinki Commission, world at peace and marked by growing terday, saying he could not confirm or deny was established to oversee the imple­ trust, confidence, and cooperation it. But he remembered his old friend. mentation of the Helsinki Final Act. among nations. "Val was a very decent, very humane There are 21 Commissioners, of whom I will not try to tell you that there person," Rolvaag said. 9 are Senators, 9 are Representatives, were not disagreements among the 5704 CONGRESSIONAL RECORD-SENATE March 13, 1987 Commissioners about various aspects Bern human contacts experts' meet­ Defense, and Commerce, with of United States/Helsinki policy. ing; the Stockholm Conference and A.C.D.A., the National Security Coun­ There were, as anyone who attended the future of the CSCE process; Soviet cil staff, and other U.S. agencies. They any of our hearings could honestly and East European emigration poli­ draft position papers, provide back­ report. Regardless of these disagree­ cies; Natan Shcharansky and the 10th ground material, and write speeches ments, we were able to achieve a sound anniversary of the Moscow Helsinki and other documents for use by bipartisan understanding of the shape monitoring group; the Vienna C.S.C.E. United States delegations at Helsinki and content of Helsinki process policy f ollowup meeting; and the conclusion process events. and to employ our efforts to improve of the Stockholm C.D.E. talks. Also in When a Helsinki process meeting is and enhance that policy and its imple­ 1986, the Commission participated in mentation. I want to commend all of the following formal international taking place, Commission staff is fully my fellow Commissioners for their events in the Helsinki process: the integrated into the official United contributions to that understanding Bern human contacts experts' meet­ States delegation, serving as officers in and our Joint efforts. On the issues ing; the C.D.E. talks; and the opening various positions of responsibility. For before the Commission, we have round of the Vienna C.S.C.E. f ollowup the Vienna C.S.C.E. f ollowup meeting shown how a bipartisan approach to meeting. which began on November 4, 1986, the foreign policy can work for our long­ Commissioners were able to visit and Commission's Deputy Staff Director, term national interests. participate in each Helsinki process Sam Wise, was appointed to the rank The Commission's annual reports meeting except the Budapest cultural Ambassador by the President and for 1985 and 1986 are published by the forum. Because of the legislative serves as Deputy Chairman of the U.S. Government Printing Office as indi­ schedule, it was impossible to organize delegation. In recognition of the Com­ vidual documents and are included as a visit to the forum. Commission staff mission's vital role in the Helsinki well in the records of the Commis­ was heavily and continuously involved process, both my distinguished co­ sion's budget presentatations before in both preparations for and conduct chairman, STENY HOYER, and I were the House Appropriations Subcommit­ of United States participation in each appointed vice chairman of the United tee on Commerce, Justice, State, the of these Helsinki events. States delegation to the f ollowup Judiciary, and related agencies. These Finally, in 1986, the Senate adopted meeting and had the opportunity to reports present the detailed record of Senate Resolution 353, appropriating make personal contributions to our the Commission's activities during my $200,000 to support an investigation by work at Vienna during the first round chairmanship. Instead of repeating the Commission into the Miroslav of talks. here the information provided in our Medvid incident. The Commission has In addition to the staff's work with annual reports, I refer those interest­ hired two professional investigators, a official United States agencies, the ed in this information to those re­ staff attorney, and an administrative foundation of our efforts rests upon ports, which are available from the assistant to form the investigative unit our contacts with persons and non­ Commission or the Government Print­ performing this inquiry. They have governmental agencies interested in ing Office. been hard at work since last summer the Helsinki accords and their success. Today, I will present a summary of and have made substantial progress. I We do a great deal of case work. Our the Commission's activities. In future expect them to finish their work in case work consists of assembling files remarks, I will discuss the way that time to meet the May 14, 1987 dead­ on every person who comes to our at­ United States Helsinki policy is made, line for submission of a report to Con­ tention with a problem which falls Soviet policy, NATO policy, the role of gress on their findings. In the interim, under the provisions of the final act. the neutral and nonaligned states in the investigation is being conducted in Relatives, friends, organizations, and the Helsinki process, and interactions confidence by the c 'ommission, so that other sources provide us with informa­ between Helsinki policy and other im­ a professional, comprehensive, and ob­ tion concerning prisoners of con­ portant areas of United States bilater­ jective examination of the facts and science, persons who are denied per­ al and multilateral foreign policy. I circumstances can be concluded and so mission to emigrate, persons who are will conclude by looking at the future that we can meet the terms of the of the Helsinki process from my per­ mandate set forth in Senate Resolu­ persecuted because of their religious spective at the end of 2 years as Com­ tion 353. beliefs, political activities, or cultural mission chairman. This is a bare outline of the Commis­ activities, and divided families or sepa­ During 1985, the Commission held sion's activities. Against this outline, rated spouses, among other cases. We hearings on the following topics: The let me describe the Commission's oper­ also assemble thorough documenta­ Ottawa Human Rights Experts' meet­ ations for you. In the words of our es­ tion on government policies and prac­ ing and the future of the CSCE proc­ tablishing statute, 22 U.S.C. 3002, tices which violate their Helsinki com­ ess; human rights abuses in Cyprus; "The Commission is authorized and di­ mitments. use of forced labor in the Soviet rected to monitor the acts of the sig­ The Commission's staff is selected Union; restrictions on artistic freedom natories which reflect compliance with for its familiarity with the languages in the Soviet Union; Budapest cultural or violation of the articles of the final and cultures of the nations which forum; and Soviet violations of the act of the conference on security and have the worst records of compliance Helsinki accords in Afghanistan. Also cooperation in Europe, the Helsinki with the human rights and humanitar­ in 1985, the Commission participated accords, with particular regard to the ian affairs provisions of the Helsinki in the following formal international provisions relating to human rights final act. Needless to say, we are talk­ events in the Helsinki process: The and cooperation in humanitarian ing about the Warsaw Pact states, led Ottawa Human Rights Experts' meet­ fields.'' To perform this function, the by the Soviet Union. The Commis­ ing; the Stockholm Conference on Commission had a fiscal year 1986 ap­ sion's files provide the verbal ammuni­ Confidence and Security building propriation of $526,000. These funds tion for our efforts to achieve better measures and disarmament in were used to pay the salaries and ex­ compliance with the final act by East­ Europe-better known as the C.D.E. penses of the Commission's staff and ern bloc states. The names, dates, talks-and the Budapest cultural to pay for Commission operations. places, copies of laws and regulations, forum. In order to accomplish its monitor­ and stories of great personal suffering During 1986, the Commission held ing function, the Commission's staff and hardship contained in our files hearings on the following topics: 1952 participates in interagency working provide the facts we use to prepare McCarran-Walter Act; a two-part groups which make United States Hel­ speeches, talking points, letters, tele­ hearing on the future of the CSCE sinki process policy. They work very grams, press releases, and to develop process; a two-part hearing on the closely with the Departments of State, position papers and proposals. March 13, 1987 CONGRESSIONAL RECORD-SENATE 5705 At this point, having recognized the more detail as I progress through this lations, the Commission could, to some contributions of the Commissioners review. extent, compensate for that failing. If and explained the work of the staff, I During my tenure as chairman, the the United States did not want to con­ want to call to the attention of my col­ central fact of the Helsinki process front the policy issues involved in the leagues and the American people the was the Warsaw Pact states' violation exercise of leverage, through our hear­ Commission's staff and commend of their Helsinki human rights com­ ings we could at least bring the issues them individually by name for their mitments. Despite recent promising before the public and give interested exemplary efforts, high professional­ developments in the Soviet Union, this experts and leaders from outside the ism, dedication, and knowledge. The remains the case today and will Government the opportunity to com­ members of the staff are Michael R. remain the case until the Soviets and ment and recommend courses of Hathaway, Mary Sue Hafner, Samuel their allies decide to comply in fact action. G. Wise, Meredith Brown, Deborah with the promises they made when Accordingly, during the past 2 years, Burns, Barbara Jeanne Cart, Cathy they agreed to the Helsinki Final Act my distinguished cochairman and I Cosman, Lynne Davidson, Orest De­ and the Madrid concluding document. held hearings on the entire range of chakiwsky, Mildred Donahue, Barbara Confronted with deliberate viola­ issues in the Helsinki process. We at­ Edwards, John Finerty, Robert Hand, tions of Soviet and other Warsaw Pact tempted to hold hearings both before Frank Heath, Judy Ingram, Jesse states' Helsinki promises as a direct Jacobs, Paul Lamberth, Ron McNa­ result of state policies, the Commis­ and after every international Helsinki mara, and Lenny Steinborn. Thomas sion had to address the question of the process meeting. We also held hear­ Warner is on detail to the Commission credibility of the Helsinki process in ings intended to address the basic from the Government Printing Office. the eyes of the American people. state of health of the Helsinki process I especially want to recognize the Prominent critics of the process and to deal with the public criticisms important role Mike Hathaway played charged that the Soviets got the best of the process. as staff director of the Commission of us at Helsinki in 1975-that the So­ Our objectives were to raise the during the 99th Congress. Responding viets were seeking the equivalent of a public profile of the Helsinki process to the need to substantially increase formal peace treaty ending World War as a whole, to allow the processes' the Commission's level of activity and II, therefore legitimizing the Red public constituencies in the United expand its role in all aspects of the army's redrawing of Eastern European States the opportunity to present Helsinki process, he exercised effective borders by force, and that the Soviets their views on the process and to and energetic leadership of the staff and their allies made human rights remain fully informed about United to develop and implement the pro­ promises to the West that they had no States Helsinki policy, to place on the gram I felt was necessary. He built an intention of keeping in order to record the United States' position, to active agenda of hearings and events achieve this goal. Moreover, the critics provide Commissioners the public op­ based upon an incisive analysis of the allege, by continuing to talk to the So­ portunity to compliment, criticize, or Helsinki process. He forged a coopera­ viets and their allies in the fora of the make recommendations to United tive relationship with Mary Sue Helsinki process, we implicitly grant States officials and to provide an op­ Hafner, the cochairman's chief staffer them international political legitima­ portunity to review performance and and the Commission's general counsel, cy, tolerating with a diplomatic nod assess the results. In private, we also which complemented and supported and wink their gross failure to meet engaged administration officials in a the close relationship between myself their Helsinki obligations, and tacitly continuing dialog about United States and my cochairman. We were able to abandoning the exercise of real lever­ Helsinki process policy. sustain the Commission as a stable age to get them to stop violating their We sought to highlight for the and expert organization under steady citizens' human rights. American people the lack of credibility and confident administration, greatly These criticisms gained public prom­ of the Soviet Union's Helsinki process enhancing our effectiveness. inence because they struck a respon­ promises, hoping that the Soviets The Commission's new leadership sive chord in the American people. As would respond with steps to improve has selected Sam Wise to serve as staff a member of the Commission since their compliance in order to avoid col­ director, replacing Mike. Sam's un­ 1981, I have long held the view that lateral damage to their public credibil­ questioned expertise, long experience, what is necessary from the U.S. per­ ity across the board. In other words, and substantial abilities will ensure spective is the coordinated application the Commission's focus and emphasis that the Commission's work continues of a combination of effective tradition­ was on the public diplomacy element to meet the highest standards. I com­ al diplomacy and aggressive and skill­ of United States Helsinki process mend him on his appointment and ful public diplomacy. The goal of this policy. We sought to foster public sup­ look forward to working with him in enterprise is either to obtain Soviet port for the Helsinki process by direct­ my continued role as a member of the and Warsaw Pact compliance with ly addressing the criticisms of the Commission. their promises or to cause them to pay process I have previously noted. Returning to the subject of the a cost in their international relations While those criticisms struck a re­ Commission's work, let me note that directly proportional to the serious­ sponsive chord in the American some signatory states outside the ness of their violations of their prom­ people, I believe an aggressive, active, Warsaw Pact have problems regarding ises. A well-coordinated combination and well-coordinated United States compliance with some of their Helsin­ of these two approaches was lacking Helsinki policy is the best answer to ki obligations. Unlike Eastern bloc and, to an extent, still is lacking in the the critics. The process has profound states, we usually have more effective executive branch's Helsinki process ef­ inherent value to the United States means of influencing their behavior in forts. I will explore this question in and the West as a whole, but to realize these areas than through open criti­ greater detail in subsequent remarks. its possibilities requires a deep under­ cism in the public fora of the Helsinki The Commission's response to this standing of it and a willingness to process. The Helsinki process is, how­ situation was to capitalize on our press ahead with determination over ever, the best way to reach and influ­ unique composition and take full ad­ the long haul. After more than a dec­ ence the human rights and humanitar­ vantage of the public visibility and at­ ade's experience with the process, it is ian affairs compliance policies of the tractiveness of our issues. If the execu­ clear that any expectation of rapid, totalitarian Eastern bloc states. In this tive branch of the United States Gov­ meaningful progress is bound to be group, we have had more effect on ernment was reluctant to raise public­ disappointed. non-Soviet Warsaw Pact states than ly and discuss in a frank, factual, and In my view, traditional diplomacy we have had on the Soviets them­ specific manner Soviet and other could accomplish little within the Hel­ selves. This is a topic I will discuss in Warsaw Pact states' human rights vio- sinki process. The only role for tradi- 5706 CONGRESSIONAL RECORD-SENATE March 13, 1987 tional diplomacy when faced with ob­ the benefits of respect for human written. I can assure the Senator from durate Soviet violations is the exercise rights and fundamental freedoms to New Jersey, however, that I am sym­ of leverage. But the imposition of the the oppressed millions. They are living pathetic to his cause, and that I will grain embargo by President Carter proof that the spirit of our democracy work with him, the other cosponsors showed the outer limits of the effec­ is alive as a beacon to our own people of the bill, and the Senators from tiveness of our leverage over Soviet be­ and to the people of the world. Their South Dakota to fashion a fair and eq­ havior. Accordingly, what was needed courage and their sacrifices are an ex­ uitable solution to this issue. I believe was a skillful combination of the exer­ ample to us all.e it is possible to reestablish the Great cise of leverage, recognizing its limited Sioux Reservation, consistent with the potential for modifying Soviet behav­ long-settled expectations and rights of ior, with a forceful, consistent, high­ YOUTH'S COMMITMENT TO the non-Indian citizens of South profile public diplomacy campaign de­ ENDING HUNGER WEEK Dakota. I can assure Senator BRADLEY signed to employ the Soviet's own mis­ e Mr. D'AMATO. Mr. President, I rise and the people of the Sioux Nation deeds to impeach their credibility. today to cosponsor legislation desig­ that I will work diligently with them We achieved a recognition of this nating the week of April 26, 1987, to bring this dream to fruition.e need in the executive branch. In fact, through May 2, 1987, as "Youth's United States public diplomacy in the Commitment to Ending Hunger Helsinki process has noticeably im­ Week." I commend my distinguished PROPOSED REINTERPRETATION proved. What has not improved is the colleague, Senator Donn, for recogniz­ OF ABM TREATY coordination of traditional diplomacy ing the vital role of our Nation's youth • Mr. SIMON. Mr. President, yester­ and public diplomacy. I completed my in mobilizing this country's efforts to day the Foreign Relations and Judici­ term as chairman with the clear im­ eliminate world hunger. ary Committees held joint hearings on pression that much more could be Hunger is the cause of more than the Reagan administration's proposed done than was being done. 35,000 deaths worldwide every day. Of reinterpretation of the ABM Treaty. I Now, conditions are changing. In the the 24 victims claimed by hunger sit on both committees, so I took a spe­ Soviet Union, we have "glasnost" and every minute, 18 are children. More cial interest in this first of two hear­ "perestroika" <"openness" and "re­ and more of our Nation's young are ings. It was very instructive. structuring," respectively). Some polit­ becoming aware of these tragic statis­ The issue in question is really very ical prisoners are being released and tics, and translating that awareness simple. It is whether the Senate in there has been a small increase in emi­ into action is an effort to bring the 1972 agreed to a specific understand­ gration. Cultural freedom is improving issue of hunger into focus for the ing of what the treaty allows and what somewhat. But hundreds of political entire Nation. it forbids, and whether the President prisoners remain incarcerated, families A number of youth organizations now will faithfully execute the su­ remain divided, religious repression have organized in response to the preme law of the land. It is only sec­ has not eased, and many other serious world hunger crisis. One such organi­ ondarily, although no unimportantly, problems remain. Still, Gorbachev's zation, called Youth Ending Hunger, a matter of what kind of development "reforms" have had an effect on has committed itself to the effort to and testing can occur under the ABM American public opinion and on Amer­ end hunger by the end of this century. Treaty. ican public diplomacy. As a demonstration of that commit­ Senator JosEPH BIDEN has intro­ This new and complex situation ment, they are gathering signatures of duced a bill, Senate Resolution 167, poses serious challenges to the Com­ over 100,000 students who share their which I am proud to cosponsor. It is a mission and to United States Helsinki goal. responsible resolution that simply says policy. I will address these matters in I am pleased to support Senator a treaty's interpretation stems from greater detail in subsequent remarks. Donn's resolution designating a week the materials placed before the Senate In conclusion, Mr. President, I have in their honor. I encourage my col­ by the Executive, and that in the case set forth in these short remarks an leagues to lend their support to this of the ABM Treaty any deviation from overview of the Commission's respon­ legislation.e the traditional understanding prohib­ sibilities, composition, function, activi­ iting development, testing, or deploy­ ties, and method of operating under ment of sea-based, air-based, space­ my chairmanship. It was an enjoyable, THE SIOUX NATION BLACK based, or mobile land-based ABM de­ active, and challenging 2 years. I HILLS ACT-S. 705 vices is inconsistent with the treaty's would not have missed the opportuni­ e Mr. BRADLEY. Mr. President, on provisions. It further states that any ty to lead the Commission. I take away Tuesday, March 11, I, along with Sen­ amendment offered to the ABM from my term as chairman the ators INOUYE and PELL, introduced S. Treaty must occur with the agreement memory of the people I was personally 705. By a mistake, the Senator from of the parties and with the advice and able to help-people like Mikhail Stu­ Washington CMr. EVANS] was listed as consent of the Senate. kalin and Rimma Braave-and the a cosponsor. As the statement he filed I would like to cite just a few pas­ privilege to have met and worked with with our bill clearly indicates, he is sages from the testimony given on some of the moral heroes of our time­ not a cosponsor of the bill. He is, how­ these matters. Prof. Louis Henkin, uni­ Natan Sharansky, his wife Avital, and ever, supportive of our efforts to re­ versity professor and former Harlan Yuri Orlov, among others-and the solve the issue and has promised his Fiske Stone professor of constitutional deep feeling that I was able to accom­ cooperation. law at Columbia University, told the plish something to ease the suffering Senator EVANS is always thoughtful committees: of those who are still denied freedom and I am certain his insight will be in­ The President can only make a treaty that behind the Iron Curtain. valuable. His interest is most welcome. means what the Senate understood the I treasure my associations with the Although he is not a cosponsor at this treaty to mean when the Senate gave its concerned Americans who form the time, I hope to see him become one in consent. The Senate's understanding of the groups of private citizens pressing for the future. treaty to which it consents is binding on the improved Soviet and other Warsaw Mr. EVANS. Mr. President, I thank President. Pact compliance with their Helsinki my colleague and friend from New A future President cannot then obligations. They give freely of their Jersey for that clarification. As I attach a different meaning to the time, effort, and money, from the stated on the day the Sioux Nation treaty as its has been traditionally un­ heart, for people who they do not Black Hills Act was introduced, I have derstood. know. They march, they speak, they grave concerns about several of the Senator SAM NUNN, the chairman of write, they organize, trying to bring provisions of this bill as currently the Armed Services Committee, has March 13, 1987 CONGRESSIONAL RECORD-SENATE 5707 examined the treaty's negotiating ing. The message is that at the 1986 made some of us on the American side feel record and ratification proceedings in Reykjavik summit and in Geneva there was more tragedy than triumph be­ detail. He has "examined the reinter­ today we are still miles apart on nego­ cause of what could be. On the other hand, we haven't given up completely. pretation's analysis of the Senate rati­ tiating limits on strategic offensive The United States proposal on July 25 was fication proceedings and found its con­ and defensive arms. A major stum­ that for five years the U.S. would adhere to clusions with respect to this record not bling block is the pace and scope of the ABM Treaty, performing, and I quote in to be credible." Senator NUNN testified the SDI Program and, hand in hand part " ... development and testing, which is that the Nixon administration pre­ with this, the respect for the tradition­ permitted by the ABM Treaty." And that's sented the traditional interpretation al and logical understanding of the a very important comma and "which". After and "the Senate clearly understood ABM Treaty. five years, either side could move out of the this to be the case at the time it gave The Chayes' point out that the treaty, but would be obligated to make a its advice and consent to the ratifica­ proposal first that would eliminate all bal­ United States is pushing for a 10-year listic missiles, and second, would share the tion of the treaty." period of unlimited testing and devel­ benefits of SDI technology. That proposal Senator J. William Fulbright, chair­ opment in space, leading to a scrap­ would be negotiated over a two-year period, man of the Foreign Relations Commit­ ping of the treaty after this period of at the end of which either party was free to tee and floor manager of the treaty time. The Soviet delegation is saying deploy. during the Senate's consideration of that some testing and development At Reykjavik, the President extended the the treaty, said that "neither the may be acceptable, but within the period to meet the Soviets, who had come President, the Secretary of State, nor basic framework of the ABM Treaty down from 15 to 10 years in their proposal. any of the President's arms control ad­ and after which time the treaty will He extended the period up to 10 years, but visers suggested that the treaty would conditioned it, first, on the elimination of still be in force. Clearly, this is not the all ballistic missiles in the second five years permit of development, testing and de­ stuff of which fruitful negotiations are of the strategic offensive forces agreement. ployment of antiballistic missiles in made. The Soviet proposal at Reykjavik was space of under any technology not I hope we will be more forthcoming written in the form of a draft directive to then existing." The meaning of a in Geneva in the strategic area, and I the foreign ministers and was handed to the treaty, he says, "is informed by the in­ hope that the administration will not President at the beginning of the summit. terpretations spelled out in its legisla­ let its apparent commitment to revis­ We spent a few days looking at that text. tive history as well as by all relevant ing the ABM Treaty get in the way of What it says is very important and explains executive communications" and not a good agreement. I commend to my a great deal about the breakup of the meet­ "what a later generation of policymak­ ing. The Soviet statement says that for the colleagues the article by Abram and purpose of strengthening the ABM Treaty, ers would like it to mean." Antonia Chayes, "The Future of the the United States and the Soviet Union And Prof. Laurence Tribe, Tyler pro­ ABM Treaty," and I ask that it be should make a commitment for 10 years not fessor of constitutional law at Harvard printed in the RECORD in full. I also to exercise their right to withdraw and that University, testified that to "ascertain commend to my colleagues' attention both sides should strictly adhere to all the the meaning of a treaty one must un­ the Chayes' article in the June 1986 obligations of the treaty in their entirety. derstand what the Senate that gave its Harvard Law Review, "Testing and According to the Soviet proposal, testing of consent to the making of that treaty Development of 'Exotic' Systems all spaced-based elements-and note the had before it. To permit that meaning word "elements"-of ballistic missile de­ Under the ABM Treaty: The Great fense systems in outer space, except re­ to be changed by reference to some­ Reinterpretation Caper," and I ask search and testing in laboratories, should be thing that the consenting Senate did that this too be printed in the RECORD prohibited. This, the proposal said, will not not have before it, and particularly by in full. ban testing of fixed ground-based systems reference to something that was delib­ The material follows: and their components, which is allowed by the ABM Treaty. erately withheld from the Senate Tm: Ft7TuRE OF THE ABM TREATY during the debates on ratification, We spent a lot of time, as have many gov­ would profoundly pervert the entire the ABM Treaty. The U.S. delegates thus ent with the constitutional structure ANTONIA CHAYES: Right after the Reykja­ thought the Soviets wanted to amend the for the Executive, more than a decade vik summit, we wrote that the United States treaty. and the Soviet Union were within reach of Some of the Soviet academicians and offi­ after the treaty was ratified, to ad­ an across-the-board agreement for drastic cials we talked to have made clear that they vance an interpretation, based on reductions in strategic offensive and inter­ did expect at Reykjavik to be asked what all secret materials that were not before mediate nuclear forces, but that the talks of this meant. What the Soviets want is an the Senate when it gave its advice and obviously foundered on the future of the assurance that the United States won't be consent." I think the answer must be Strategic Defense Initiative. No formula was aggressively developing defensive systems it is not consistent. found that could bridge what appeared to that would be capable of deployment and Mr. President, recently I came across be a narrow gap between the Soviet and that would permit U.S. forces to strike first an article, again written by Abram and American positions on the pace and nature and cripple the Soviet retaliatory capabil­ of research and development of space-based ity-at the same time that the Soviet Union Antonia Chayes, that has direct bear­ defensive systems. and the United States are reducing their nu­ ing on these hearings and on the The positions are technically close, but in clear forces by 50 percent. matter of reinterpreting the ABM concept and political thrust they are miles ABRAM CHAYEs: You ought to see the dif­ Treaty. The article appeared in the apart. We have been meeting with a group ference here between the U.S. and the January/February 1987 issue of Arms of Soviet academicians, and we've gotten Soviet positions. The U.S. position is 10 Control Today, and is sobering read- very deeply into the subject. It certainly years and out. It was originally seven years 5708 CONGRESSIONAL RECORD-SENATE March 13, 1987 and out. At the end of seven years the This ABM story is characteristic of the common interest, but at the end the treaty treaty would be over; everybody would be arms control story generally in the last sev­ ought to leave us better than the other guy. free to do what they wanted. We would eral years. The Soviets are taking what I Another stereotype is that if it's a zero­ abide by the treaty for seven years, or abide would say is a "pro-arms control position" sum game, the Soviets are trying to win it by the new arrangement for seven years, and they're showing us a degree of modera­ and they're trying to best us by the use of but at the end of that time both sides were tion, imagination, and flexibility in respond­ guile and chicanery. I believe, of course, free to deploy. Whereas the Soviet position ing to the situation as it develops. Mean­ that Soviet arms control offers, and posi­ was to agree not to withdraw for 10 years, while, the United States is digging in and re­ tions, and proposals, like American offers, but at the end of 10 years we would still be fusing to alter its fundamental resistance to and positions, and proposals, must be sub­ under the ABM Treaty. That's a very major an agreement. ject to careful and political analysis. There's difference in the conception of what the 10- In the intermediate nuclear forces no reason to let anybody off the hook on year period means. area, it was clear long before Reykjavik that that. They certainly shouldn't be taken at ANTONIA CHA YES: It is impossible to be­ the Soviets were willing to go to zero-zero face value. But, as Tony said about the lieve that five years, or even 10 years, of levels of missiles in Europe. In fact, I think ABM proposal, often they're not really in­ technology testing, which is in fact allowed it was clear at the time of the "walk in the tended to do any more than open the con­ by the traditional interpretation of the woods" that you could have gotten an agree­ versation or set a framework for more de­ treaty, would lead to a point where a deci­ ment on INF at very low numerical levels. tailed and careful negotiation. sion could be made on whether the technol­ Since then the Soviets have said they are But I think we cannot let reasonable cau­ ogy was promising and we were ready to prepared to limit their Asian SS-20s to 100. tion obscure some fundamental and basic deploy strategic defense systems. We ANTONIA CHA YES: And that's been a really truths. At least since the Gobrachev-era couldn't possibly deploy without a long huge move foreward. began, the Soviets have shown a willingness period of testing. ABRAM CHA YES: At the Stockholm negotia­ to negotiate in good faith on arms control I think the Soviets are willing to live for a tions Con confidence- and security-building matters across the board. They have demon­ 10-year period under the treaty because measures in Europe] the Soviets moved to strated this by coming forward with a wide they realize that there would be another 10- meet U.S. objections on a number of counts: range of constructive and serious proposals year period of very intensive testing before on the size of the military exercises to be in many fields. They have maintained flexi­ there would be anything ready to deploy. subject to the notification requirement; on bility and they have kept the decibel level What is close to tragedy is that, it certain­ inspection and verification, and so on. In and the rhetorical level relatively low, all ly appears to me after conversations of the the test ban area the Soviets have repeated­ things considered. last few days, the Soviets could have relaxed ly come forward with new and attractive My personal view is that we don't need their proposal to strengthen the treaty, and proposals and a moratorium in which they any fancy theories about bargaining chips the United States could have proposed a 10- have persisted over a long period of time de­ or muscle or negotiating constraints to ex­ year period of robust, well-paced research to spite almost provocative refusal to accept it plain this phenomenon. I think it can be ex­ learn about the technology fully within the on our part. plained by a rational and human concern on parameters of the ABM Treaty. On that The Soviets have also made new verifica­ the part of the Soviet Union for the future basis there would be a bridge between these tion invitations, some of them practical, of their own country. And indeed for the two positions, which now seem so unbridge­ some of them only rhetorical, but at least future of the planet. able. verbally the Soviets have said that they are By contrast, here in the United States the But this compromise doesn't really meet prepared to accept on-site inspection in dominant factions and people in the admin­ the President's vision, nor of the SDI enthu­ ways that were not previously available. istration, though there are some exceptions, siasts. For them, the value of testing is not ANTONIA CHA YES: In general, consider the don't want an agreement and have resisted scientific, but is to obtain the same or distance the Soviets have moved on verifica­ it at every turn. The administration has higher level of funding for SDI. Also, there tion from where they were before. The moved, when it has moved, only so far as it are people within the government who don't whole notion of on-site inspection, which want any arms control and seize on this as a has been forced to move by public and con­ very good way to avoid an agreement. It's was considered very intrusive before by the gressional opinion. Even when the adminis­ perfectly clear there cannot be reductions in Soviets, has been a logjam. That is now at tration has moved, it has not come forth offensive forces without some commitment least theoretically broken in the context of with serious substantive proposals. It has on the part of the United States not to build the proposals that have been made. tended to rely on public relations, like the defense. ABRAM CHA YES: Across the whole spectrum Reykjavik spin, and anti-Soviet rhetoric. ABRAM CHAYES: Everybody talks about the Soviets have been much more receptive The chief responsibility for lack of SDI One-this total, complete defense to ideas about intrusive verification tech­ progress in arms control lies with the against all missiles. Then there's SDI Two, niques. On the test ban they suggested that United States, and not with the Soviet which is a point defense of missile silo sites. they were prepared to think about a phased Union. It is important that the American Then there's SDI Three, which is a com­ movement to a comprehensive test ban over people understand that. I think that is a plete defense against arms control. And it's a period of years. Now, all of these facts I task that those of us who believe in arms really SDI Three that is the administra­ think are well known to the people in this control have to take very seriously for the tion's position. room. But they are not widely known and future. It looks like the two sides are actually their true significance is not appreciated by close together. You can bridge this with the American public. [From the Harvard Law Review, June 19861 some lawyer's language. What you have The administration has a standard re­ [COMMENTARIES•] here is a couple of soggy words like "compo­ sponse to every new Soviet proposal. It is to discuss it as a propaganda ploy by a state­ TESTING AND DEVELOPMENT OF "EXOTIC" SYS­ nents" and "elements" that one side trans­ TEMS UNDER THE ABM TREATY: THE GREAT lates one way and the other side translates ment out of The White House the day after REINTERPRETATION CAPER another. 'You could get some intermediate the proposal is announced. The effect of that is simply to cut off discussion, analysis, . 1 and development in space, at the end of our political credibility, by being "even­ Under this new dispensation, the ABM which the treaty, I'm afraid, no longer ap­ handed" in the arms control business. That Treaty would permit the development and plies. And you hear the Soviet side saying: has meant in the last few years, that if we testing of anti-ballistic missile weapons we are prepared to accept a somewhat ex­ criticize the United States and its positions, based in space and using lasers, particle panded notion of testing and development then we also have to criticize the Soviet beams, and other novel technologies. The of elements in space, but under the treaty Union, or at least not say anything nice new interpretation is directly contrary to regime for a period of 10 years in which you about the Soviet Union. The effect is to re­ the position taken by the United States can't withdraw from the regime and there­ inforce the stereotypes that dominate this since 1972, when the Treaty was signed. after the regime continues. So those are whole business, the stereotypes that arms The issue is not simply a lawyer's quarrel very, very different outlooks towards the control negotiations are a zero-sum game in or an academic exercise in textual analysis. future. When you try to bridge those out­ which the object is to come out better than The ABM Treaty is the only bilateral arms looks you find that it's very difficult. the other side. True, we're pursuing a control agreement in full force and effect March 13, 1987 CONGRESSIONAL RECORD-SENATE . 5709 between the two superpowers. It is central Article II is on its face a functional defin­ systems," instead of dealing with the matter to the present strategic arms control tion. It defines the prohibited systems on by special language in the substantive provi­ regime. Its demise would end the era of the basis of performance, not technology. sions of the Treaty, as had been originally arms limitation by agreement, for if this The word "and" does not appear in the sought by the United States. treaty collapes, it is hard to see why either Treaty text. Even if it did, it is hard to see Once the functional character of the arti­ country would want to enter another one. how it would convert the language of sub­ cle II definition is established, the reading The new interpretation must be seen in paragraphs , . and into words of of article V to ban development and testing the context of President Reagan's Strategic limitation. The natural reading of the of space-based systems using future technol­ Defense Initiative . On March 23, phrase "currently consisting of" makes the ogy is inescapable. This reading is also fully 1983, the President launched this new pro­ system description that follows illustrative, supported by the legislative history. The gram, challenging American science and not limiting. Rogers report itself does not state expressly technology to devise a defensive shield that The legislative history supports this that article V applies to "exotic" as well as would protect the nation against strategic common-sense interpretation. When the conventional systems. But other key admin­ nuclear missiles-that would render such 2 ABM Treaty was transmitted by the Presi­ istration witnesses testifed categorically weapons "impotent and obsolete." Until dent to the Senate for advice and consent, it that it does so apply. Secretary of Defense October 1985, the SDI had been defended was accompanied by a detailed "Report by Laird, for example, in a written response to by government lawyers on the ground that Secretary of State Rogers to President a question from Senator Goldwater of the it was confined to "research," which is not Nixon on the Strategic Arms Limitation 3 Senate Armed Services Committee concern­ prohibited by the Treaty. The proposed re­ Agreements." 1 Statements made by the ing "development of a boost-phase intercept interpretation would insulate SDI from the President and his senior officials in present­ ban of the Treaty beyond the research capability or lasers," replied: ing the Treaty to the Senate have particular "There is ... a prohibition on the devel­ phase, through the stages of development weight on questions of the interpretation of and testing. The Treaty would by this inter­ opment, testing, or deployment of ABM sys­ the treaty. The Senate's understanding of tems which are space-based, as well as sea­ pretation prohibit only the actual deploy­ the treaty on which it acts depends on the ment of a space-based system. Such a read­ based, air-based, or mobile land-based. The interpretations provided by the President, U.S. side understands this prohibition not to ing is a gross distortion of both the lan­ who negotiated the treaty. Such interpreta­ guage and purpose of the Treaty. apply to basic and advanced research and tions are decisive with respect to the obliga­ exploratory development of technology I. THE TREATY TEXT tions assumed by the United States. 8 which could be associated with such sys­ It should be said at the outset the realiza­ The report of Secretary Rogers expressly tems, or their components. tion of the goal set by President Reagan is and unambiguously affirms the functional "There are no restrictions on the develop­ prohibited by the Treaty. In article I<2>, character of the Article II definition: "Arti­ ment of lasers for fixed, land-based ABM "Each Party undertakes not to deploy ABM cle Il(i) defines an ABM system in terms of systems. The sides have agreed, however, systems for a defense of the territory of its its function as 'a system to counter strategic that deployment of such systems . . . shall country and not to provide a base for such a ballistic missiles or their elements in flight be subject to discussion in accordance with defense.... " Indeed, the basic purpose of trajectory,' noting that such systems 'cur­ the Treaty is to prevent the parties from rently' consist of ABM interceptor missiles, article XIII . . . and agreement in accord­ ance with article XIV ..." 11 ever acquiring the capability to establish ABM launchers, and ABM radars." 11 This the nationwide defense against strategic bal­ passage appears at the beginning of the sec­ This is an explicit confirmation by the listic missiles that the President seeks. The tion of the report entitled "Future ABM Sys­ Secretary of Defense that article V does question is how closely a party can ap­ tems, " and obviously is intended to explain prohibit development and testing of space­ proach that goal without fatally rupturing the applicability of the Treaty to such based systems embodying new physical prin­ the Treaty. future systems. The quoted passage directly ciples, such as lasers. It is not cited by the Legal Adviser in his testimony and memo­ A. Articles II and V contradicts the contention of the Legal Ad­ viser that the definition is limited to sys­ randum in support of the reinterpretation. Article VU> of the Treaty bans the test­ Dr. John Foster, Director of Defense Re­ ing, development, and deployment of all tems using conventional technology. Secre­ tary Rogers' report makes clear that the search and Engineering, the official in the ABM systems other than fixed land-based defense Department directly responsible for systems. It states: "Each Party undertakes enumeration of the components is an illus­ trative reference to systems currently in all research on exotic ABM systems, also not to develop, test, or deploy ABM systems confirmed this interpretation of article v.12 or components which are sea-based, air­ use, not a limitation of the coverage of the Treaty. The Senate fully understood the import based, space-based, or mobile land-based." of these statements by high-ranking admin­ The comprehensiveness of this prohibition The Legal Adviser is able to adduce no support for his position that article II is a istration witnesses. Senator Thurmond sup­ is confirmed by the equally sweeping defini­ ported the Treaty, but mentioned among tion of ABM systems in article II of the limiting definition, either in the legislative history or in contemporaneous or later ac­ his reservations: "It also prevents us from Treaty: "For the purpose of this Treaty an developing new kinds of systems to protect ABM system is a system to counter strategic counts by officials associated with the nego­ tiating or ratification process. In fact, as Dr. our population. The most promising type ballistic missiles or their elements in flight appears to be the laser type, based, on en­ trajectory, currently consisting of: ABM Raymond Garthoff, the Executive Secre­ interceptor missiles, ... (b) ABM launchers, tary and a Senior Adviser in the United tirely new principles. ·Yet we forgo forever the ability to protect our people."13 Senator ... ; and ABM radars, .. ·"" States delegation that negotiated the Despite the clarity of these provisions, the Treaty, tells us: Buckley, one of the two who voted against new interpretation asserts that the United "The word "currently" was deliberately the Treaty, was even more specific: States can develop and test space-based inserted into a previously adopted text of "CAlrticle V of the ABM treaty ... would anti-ballistic missile systems without violat­ Article II at the time agreement was have the effect ... of prohibiting the de­ ing the Treaty provided they are based on reached on the future systems ban in order velopment and testing of a laser type system "other physical principles" 6 than those employed by to the ban on futures in both Articles III bility has been formally excluded by this the systems in use when the Treaty was and V ."10 agreement." 14 concluded in 1972. If the draftsmen had wanted a limiting There is not a single positive statement in By what legerdemain can the straightfor­ definition, they had it in the "previously the legislative history interpreting article V ward prohibition of article V(i) be converted adopted text" to which Dr Garthoff refers. as limited to current technology. Secretary into a limited ban on development and test­ We know from his account that this penulti­ Rogers does not mention exotic systems in ing of 1970's technology only? The State mate text defined an ABM system as "a describing that article, but he does express­ Department Legal Adviser sought to accom­ system to counter strategic ballistic ly adopt a functional reading of the article plish this result by turning the comprehen­ missiles ... in flight trajectory, consisting II definition of ABM systems. That reading sive definition of ABM systems contained in of . . . missiles, . . . launchers, . . . and necessarily entails that the ban on develop­ Article Il(i) into a limiting defintion, con­ radars," There could be no conceivable ment and testing in article V apply compre­ fined to systems comprising the three con­ reason for deliberately inserting the word hensively to all space-based ABM systems, ventional components: missiles, launchers, "currently" into that sentence if the inten­ whether composed of 1972-type components and radars. According to the Legal Adviser's tion had been to maintain a limiting defini­ or using other physical principles. Witnesses testimony: "[Article Ill can more reason­ tion. As the discussion below of the negoti­ sometimes referred to the ban on deploy­ ably be read to mean that the systems con­ ating history shows, the purpose of this ment of exotic ABM systems without men­ templated by the treaty are those that serve drafting change was to ensure the compre­ tioning the limitations on development and the functions described and that currently hensive coverage of future systems by testing. But whenever the Senate expressly consist of the listed components." 6 means of the definition of the term "ABM addressed the issue of future systems, ad- 5710 CONGRESSIONAL RECORD-SENATE March 13, 1987 ministration witnesses stated unequivocally using such components, that is, convention­ ogies in terms of the danger of breakout. It that such systems were covered by article V. al technology, could be deployed. Agreed would have made no sense at all to spend B. Article III and Agreed Statement D Statement D makes this implicit limitation four years in painful negotiation to ensure Although articles II and V are the most explicit by stating expressly that deploy­ against breakout from the Treaty with con­ directly relevant to the present controversy, ment of systems based on exotic technology ventional systems, while at the same time two other provisions, article III and Agreed is prohibited by the obligations undertaken permitting free testing and development of Statement D, are also closely involved. Arti­ in Article III. "future" systems, as to which the uncertain­ cle III contains the only explicit exception There is a further special reason for a ties were very much greater, right up to the to the Treaty's sweeping prohibitions. It statement emphasizing the prohibition on point of deployment. 2 2 permits deployment of fixed land-based sys­ the deployment of fixed land-based exotics. Consistent with these interests and con­ tems at two sites-one around a party's na­ As noted above, article III establishes strict cerns, many U.S. officials, as noted below, tional capital and one at a missile field-and limitations on the firepower and targeting initially wanted a complete ban on futuristic it circumscribes in detail the type and quan­ capabilities of systems deployed at the per­ systems. 23 The bureaucratic muscle of the tity of allowable components.16 Agreed mitted ABM sites. These limitations are de­ Army, which had a research and develop­ Statement D is one of a set of Agreed State­ signed to ensure that deployments at those sites could not function as systems for the ment program for fixed ground-based lasers ments initialed by the heads of the two dele­ defense of national territory or as a base for under way, was strong enough to prevent gations and appended to the Treaty. The 24 such systems, in violation of article I. The this comprehensive solution. The final statements were used as a drafting device to U.S. position reflected an internal compro­ clarify specific points or remove possible constraints were expressed in terms of the then-current technology-primarily as mise: development and testing in the fixed ambiguities in more general language in the land-based mode but not otherwise, and no body of the Treaty. They were transmitted quantitative ceilings on the number of mis­ siles, launchers, and radars.20 These quanti­ deployment at all. According to U.S. partici­ to the Senate as part of the Treaty.16 211 tative restrictions would have no meaning in pants in the negotiations, that was the po­ Agreed Statement D provides: relation to systems "based on other physical sition that ultimately prevailed. The limited In order to insure the fulfillment of the compromise made sense given the configura­ obligation not to deploy ABM systems and principles." If such systems were "created in the future," therefore, the parties would tion of domestic bureaucratic and political their components except as provided in Arti­ forces. To have accepted a treaty that se­ cle III of the Treaty, the Parties agree that have to discuss how or even whether compa­ rable restrictions on firepower and capabil­ verely limited conventional technologies but in the event ABM systems based on other let exotics run free, however, would have physical principles and including compo­ ity of the new technology could be devised. Finally, the Legal Adviser's reading of negated the very purpose for which the ne­ nents capable of substituting for ABM inter­ gotiation was begun in the first place. ceptor missiles, ABM launchers, or ABM Agreed Statement D makes an absurdity out of the text of the Treaty proper. In his In summary, the basic aim of the Treaty radars are created in the future, specific analysis, the body of Treaty would not pro­ is to bar defense of the national territories limitations on such systems and their com­ hibit deployment of exotic systems unless of the parties against strategic ballistic mis­ ponents would be subject to discussion in ac­ they were fixed land-based. But for Agree­ siles. It thus embodies the strategic theory cordance with Article XIII [establishing the of mutual deterrence based on assured retal­ Standing Consultative Commission] and ment Statement D, he says, the Treaty would prohibit deployment on such systems iatory capacity of each side. In addition, it agreement in accordance with Article XIV would reduce the impetus for an upward [the amending article] of the Treaty." 17 only where conventional deployment was permitted, and allow deployment in all envi­ spiral in offensive arms, which was to be The legal Adviser argues that because controlled by the companion Interim Agree­ agreed Statement D is the only part of the ronments where conventional systems were Treaty that specifically mentions future prohibited. Is it conceivable that a treaty ment on the Limitation of Strategic Offen­ text, hammered out over two years of ardu­ sive Arms.26 technologies, it must be taken as setting Accordingly, the definition of ABM sys­ forth the rules that govern their treatment. ous negotiations and review, would mandate such an absurdly self-contradictory result, tems in article II is cast in terms of system Thus, as to systems "based on other physi­ function rather than system technology, cal principles," only deployment is prohibit­ to be rescued, and then only partially, by the device of an Agreed Statement, append­ and covers future as well as "current" sys­ ed. This argument assumes the validity of tems. It follows that the article V prohibi­ the interpretation of article II as a limiting ed at the last moment? C. The Purpose of the Treaty tion against testing, development, and de­ definition, embracing only conventional ployment of all but fixed land-based sys­ ABM systems and excluding all exotic sys­ The interpretation of solemn obligations tems applies to systems based on exotic as tems from the prohibitions on testing and affecting the security of the United States well as 1972-type technologies. The only ex­ development in article V. The Legal adviser and the world demands more than playing ception to these prohibitions is the testing denies that the prohibition in Agreed State­ word games with the text to see what mean­ and development at agreed test ranges and ment D is addressed to fixed land-based sys­ ings it can be made to bear. The fundamen­ deployment of fixed land-based systems at tems only: "Nothing in that statement sug­ tal reason why the reinterpretation of the two sites March 13, 1987 CONGRESSIONAL RECORD-SENATE 5711 prohibiting development and testing of spect to the disagreement over land-mobile er's reinterpretation were an accurate state­ "future devices." 211 ICBM launchers, why not as to testing and ment of the law. Because the record is secret, these state­ development of exotic ABM systems? ments cannot be directly contradicted. But Finally, the Legal Adviser's reliance on CONCLUSION contemporaneous accounts, the recollec­ the still-classified negotiating record raises A dozen years after the United States un­ tions of participants in the negotiations, an issue of principle that is not affected by dertook in the ABM Treaty "not to deploy and on-the-record statements of officials the actual content of that record. 38 Mem­ ABM systems for a defense of the territory with access to the classified materials pro­ bers of the Senate Armed Services Commit­ of its country," the current U.S. Administra­ vide glimpses of the negotiating history. Ac­ tee have requested access to the negotiating tion has decided that it wants to do Just cording to the recollections of Ambassador record, so far unsuccessfully. 311 The Senate, that if it can. From this perspective, it is not Gerard C. Smith, the head of the delega­ under the Constitution, is a full partner in ha.rd to deduce the origin of the reinterpre­ tion, and other delegation members no the treaty-making process. Is it consistent tation. Although the SDI test program longer in government, the Soviets under­ with the constitutional structure for the Ex­ through 1988 might be plausibly defended stood and accepted article V as a ban on de­ ecutive, more than a decade after the under the traditional interpretation of the velopment and testing of future exotic sys­ Treaty was ratified, to advance an interpre­ Treaty, subsequent stages cannot. Assistant tems and components. 30 tation, based on secret materials that were Secretary of Defense Richard Perle testified No doubt there were disagreements be­ not before the Senate when it gave its before the Subcommittee on Strategic and tween the two sides over language and advice and consent and are not now avail­ Theater Nuclear Forces of the Senate draftsmanship. Such semantic battles are able to it? More broadly, is such a procedure Armed Services Committee that we cannot common in long and hard-fought negotia­ consistent with the requirements of ac­ "make an intelligent decision Con whether tions. In the end, as Dr. Garthoff stated countability in a democratic policy? to develop an SDI system] on the basis of before the present controversy arose, 31 they If the Legal Adviser continues to rely for the kind of testing permitted under the re­ were resolved by the insertion of the word his conclusion on an admittedly arguable stricted [interpretation of the ABM "currently" into the definition of ABM sys­ reading of the negotiating record, it seems Treaty]." 46 The Administration seeks to tems in article II to ensure that systems to us that he is under an obligation to make escape this difficulty by the simple expedi­ using new technologies and composed of dif­ the relevant portions public. If that is im­ ent of reinterpreting the Treaty to read out ferent components would be covered by the possible because of the requirements of con­ the constraints, always assumed to be pa.rt ban on testing and development in article V. fidentiality in international negotiations, of the Treaty, on development and testing John Newhouse, in his authoritative book then interpretation of the Treaty must be of space-based exotic systems. Cold Dawn, gives an account of the evolu­ based solely on the text and the public Such a procedure has a number of disturb­ tion of the U.S. negotiating position. He record. ing implications. Treaties are the supreme tells us that at first U.S. officials favored a III. SUBSEQUENT INTERPRETATION law of the land. They are not made by the complete ban on exotic systems. On July 2, As a matter of United States law and President alone, but by the President with 1971, it was proposed "to ban exotics by under international canons of construction, the advice and consent of the Senate. Al­ specifying that everything not allowed in a consistent interpretation of the meaning of though the Executive Branch has always SALT agreement was forbidden."32 The pro­ an enactment by the administrative bodies contended that the President can unilateral­ posal was the subject of debate within the charged with its implementation is entitled ly terminate a treaty, even the State De­ U.S. government. The controversy was re­ to very great weight.40 The consistent inter­ partment has never argued that he can solved by National Security Decision Memo­ pretation of article V by the U.S. agencies modify or alter a treaty obligation without randum 127 that "banned everything other supports the traditional interpretation. the consent of the Senate.47 Moreover, trea­ than research and development on fixed Each year since 1978, the Arms Control ties are not only the law of this land. They land-based exotics."33 When the position and Disarmament Agency has been required also represent a solemn engagement be­ was presented in Geneva, there was at first by law to prepare an Arms Control Impact tween nations, binding at international law. some hesitation by the Soviet Union. But, Statement for presentation to Congress. 41 The terms of that engagement cannot be al­ Newhouse relates, "toward the end of Janu­ Through fiscal year 1985, each of these tered by one of the parties without the con­ ary ... the Soviets accepted the U.S. posi­ statements, without exception, including sent of the other. tion on exotic systems.''34 those prepared by the Reagan Administra­ The interpretation of treaties, like the in­ If, as the Legal Adviser asserts, "the Sovi­ tion, explicitly endorses the traditional in­ terpretation of statutes and contracts, is the ets refused to go along, and no such agree­ terpretation. 42 The latest such statement business of lawyers. In our system, lawyers ment was reached," 35 established State De­ for fiscal 1985 says: "The ABM Treaty pro­ represent clients, and the Canons of Ethics partment procedures would have required hibition on development, testing and de­ impose an obligation of zealous representa­ the delegation to send a reporting telegram ployment of spacebased ABM systems, or tion of the client's interest, to the subordi­ explicitly stating that they had failed to components for such systems, applies to di­ nation of almost all other consideration. 4B carry out their instructions on that issue. rected energy technology is a fragile skein, easily tom and not quickly Soviets refused an explicit prohibition on development of "subcomponents," or (3 ) mended. To maintain and foster that regime mobility that had been a major U.S. negoti­ anti-satellite weapons testing. 45 Although is a prime responsibility of international ating objective. The unilateral statement these justifications can be challenged on lawyers, outside of government or in. It is a put the U.S. position on the public record so their own terms, there would have been no responsibility equal in dignity to the one we that the Soviets would have no doubt about need whatever for this elaborate legal anal­ owe our clients. It invokes the highest duty it. If that format was appropriate with re- ysis in the SDIO report if the Legal Advis- of the lawyer-fidelity to the law itself. 5712 CONGRESSIONAL RECORD-SENATE March 13, 1987 The administration's proposed reinterpre­ systems or component:s which are sea based, air stitute for ABM component:s, but does prohibit tation of the ABM Treaty does not meet based<.> space bR.Sed or mobile land based. their deployment. Article v. on the other hand, "Dr. FosTER. Yes sir; I understand. We do not prohibit:s development and testing, as well as de­ these standards. have a program to develop a laser ABM system. ployment, of air-based, sea-based, space-based, or FOOTNOTES "Senator JACKSON. If it is sea based, air based, mobile land-based ABM systems or components, •The authors of these Commentaries have not space based, or mobile land based. If it is a fixed which includes "future systems" for those kinds of seen drli.ft:s of each other's pieces. The Commentary land-based ABM system, it is permitted; am I not environment:s. The overall effect of the treaty, format is not meant to be a debate, but rather is correct. therefore, is to prohibit any deployment of future meant to present different perspectives on current "Dr. FosTER. That is right.'' Hearings on Military systems and to limit their development and testing issues of public importance. Implications, supra note 11, at 274-75. to those in a fixed land-based mode.'' ••Felix Frankfurter Professor of Law, Harvard 13 CONG. REC. 26,700 (1972). SALT: The Moscow Agreement:s and Beyond 128 University. A.B. Harvard, 1943; LL.B. 1949. 14 Id. at 26,703. CM. Willrich & J. Rhinelander eds. 1974>, reprinted •••chairman, Endispute, Inc. A.B. Radcliffe, 1949; u The number of permissible sites was later re­ in Hearings on Interpretation, supra note 6, app. J.D. George Washington University, 1953. We ac­ duced to one by a protocol adopted in 1974. Proto­ 23, at 247, 250. On November 21, 1985, Mr. Rhine­ knowledge with thanks the assistance of Stuart col on the Limitation of Anti-Ballistic Missile Sys­ lander confirmed this account in testimony before Fullerton, Harvard Law School class of 1987. tems, July 3, 1974, art. I, 27 U.S.T. 1645, 1648, the Subcommittee on Strategic and Theater Nucle­ l Treaty between th~ United States of America T.I.A.S. No. 8276. Article III of the Treaty provides ar Weapons of the Senate Armed Services Commit­ and the Union of Soviet Socialist Republics on the detailed limitations on the area of a permitted tee. Limitation of Anti-Ballistic Missile Systems, May ABM system site . the 31 See supra note 10 and accompanying text. 26, 1972, 23 U.S.T. 3435, T.I.A.S. No. 7503 [herein­ number of missiles and launchers <100 each), and 82 J . Newhouse, Cold Dawn: The Story of SALT after cited as ABM Treaty]. On October 16, 1985, the number of radars that may be deployed at each 230 (1973). Robert McFarlane, Assistant to the President for permitted site. ABM Treaty, supra note I, art. III. n Id. at 231. For a discussion of the importance National Security Affairs, said during a television 23 U.S.T. at 3440, T.I.A.S. No. 7503, at 6. In addi­ the Army attached to it:s fixed land-based laser pro­ interview: "[The terms of the ABM Treaty] make tion, under article IV, testing of fixed land-based gram, see note 11 above. clear that on research involving new physical con­ ABMs is severely restricted. See id., art. IV. 23 84 J. Newhouse, supra note 32, at 237. cept:s, that that activity, as well as testing, as well U.S.T. at 3441, T.I.A.S. No. 7503, at 7. 30 Hearings on Interpretation, supra note 6, at 7. as development, indeed, are approved and author­ 18 See Report by Secretary of State Rogers, supra 38 United States Arms Control and Disarmament ized by the treaty. Only deployment is foreclosed. note 7, at 4 . ment:s 146-47, 156-57 <1980>. This technique was . multiple warhead ABM missiles or rapid-reload U.S. Delegation now withdraws it:s proposal that •ABM Treaty, supra note 1, Agreed Statement D, launchers>. Article I or an agreed statement explicitly prohibit 23 U.S.T. at 3456, T.I.A.S. No. 7503, at 22. 21 See, e.g., ABM Treaty, supra note l, art.s. III, the deployment of mobile land-based ICBM launch­ 8 ABM Treaty Interpretation Dispute: Hearing IV, & V (limiting development and testing); art. III ers. I have been instructed to inform you that, ... Before the Subcomm. on Arms Control, Int'l Securi­ ; art. the U.S. would consider the deployment of oper­ ty and Science of the House Comm. on Foreign Alf.. V(2) (prohibiting rapid-reload launchers and multi­ ational land-mobile ICBM launchers during the 99th Cong., 1st Sess. 4, 13 <1985) ; art. VI (attempting to period of. the Interim Agreement as inconsistent Abraham D. Sofaer, Legal Adviser, Department of limit the possibility of "up-grading" anti-aircraft with the objectives of that Agreement." Id. at 156. State> [hereinafter cited as Hearings on Interpreta­ systems and prohibiting "testing in an ABM 38 See Case Concerning the Jurisdiction of the Eu­ tion]. Following his testimony, the Legal Adviser mode">; art. VI . ropean Commission of the Danube, 1927 P .C.I.J., preser.ted to the committee a memorandum he had 22 Moreover, although the discussion of the rein­ ser. B, No. 14, at 32 (Dec. 8, 1927) . Statement:s Interpreting the ABM Treaty's Applica­ as well to mobile land-based ABMs, which are also 39 National Campaign to Save the ABM Treaty, tion to Future Systems." Id. app. 15, at 200 [herein­ covered in article V. In 1972, U.S. worries about Fact Sheet No. 5: Legal Issues Relating to Reinter­ after cited as Sofaer Memorandum]. mobile land-based systems were particularly acute, preting the Anti Ballistic Missile Treaty 4. 7 67 DEP'T OF STATE BULL. 3 (1972) [hereinafter as they are today. A provision permitting develop­ 40 See Restatement of Foreign Relations cited as Report by Secretary of State Rogers]. ment and testing of such systems if they employed Law of the United States § 152 <1965>; see also, e.g., 8 See RESTATEKENT (REVISED) OF FOREIGN RELA­ exotic but not conventional technologies would Factor v. Laubenheimer, 290 U.S. 276, 294-98 <1933> TIONS LAW OF THE UNITED STATES § 326(1) & com­ have raised serious verification problems. ment:s a & b . See supra note 11. the position at international law, see Vienna Con­ 2 • See infra p. 1966 & note 30. vention on the Law of Treaties, art. 31<3>, at 49 10 INT'L SECURITY, Summer 1977, at 107, 108 (re­ plying to a letter to the editor which commented on 28 See, e.g., Hearings on Military Implications, <1978) and 14 M. Whiteman, Digest of International an article written by Dr. Garthoff entitled Negoti­ supra note 11, at 286 <"The treaty, by permitting Law 399-402 <1970>. only a small deployment of ABMs, tends to break 41 See 22 U.S.C. § 2590 <1982>. ating with the Russians: Some Lessons from SALT, 42 INT'L SECURITY, Spring 1977, at 3). the offense/defense action and reaction spiral in The first such statement, for fiscal year 1979, strategic arms competition.'') ; The Moscow Summit: New opment, testing or deployment of all types of ABM terim Agreement on Limitation of Strategic Offen­ Opportunities in U.S.-Soviet Relations, Address by systems or their component:s that are sea-based, air­ sive Arms: Hearings before the Senate Comm. on President Nixon to the Congress, 66 DEP'T OF STATE based, space-based, or mobile land-based... . Arti­ Armed Services, 92nd Cong., 2nd Sess. 40-41 <1972> BULL. 855, 857 <1972) (" CTlhe CABMl agreement:s cle II defines an ABM system as a 'system to [hereinafter cited as Hearings on Military Implica­ forestall a major spiraling of the arms race. . .."). counter strategic ballistic missiles or their element:s tions]. At the time the Army had a fixed land-based 2 7 Hearings on Interpretation, supra note 6, at 7. in flight trajectory' and describes current systems laser research and development program to which 28 Id. at 8. as consisting of ABM interceptor missiles, ABM it and it:s supporters in the Senate attached great 29 Speech by Abraham D. Sofaer, Legal Adviser, launchers and ABM radars, CdeletedlCsicl Thus, importance. See Id. at 30-31. Thus, the colloquy Dep't of State, American Society of International [particle beam weapons] used for [ballistic missile quoted in the text is designed to establish that de­ Law Annual Meeting, in Washington, D.C. ment. shortly after the adoption of the Treaty, lays out in . 11The following dialogue took place between Dr. detail the traditional interpretation of articles III 0 Fiscal Year 1985 Arms Control Impact State­ Foster and Senator Jackson before the Armed Serv­ and V and Agreed Statement D: ment:s, 98th Cong., 2d Sess. 252 <1984); accord ices Committee. "The future systems ban applies to devices which Fiscal Year 1984 Arms Control Impact Statement:s, "Senator JACKSON .... does the SALT agreement would be capable of substituting for one or more of 98th Cong., 1st Sess. 266-67 (1983); Fiscal Year 1981 prohibit land-based laser development? the three basic ABM component:s, such as a "killer" Arms Control Impact Statement:s, 97th Cong., 2d "Dr. FosTER. No sir, it does not. [Deleted.] . . .. laser or a particle accelerator. Article III of the Sess. 321 (1982); Fiscal Year 1982 Arms Control "Senator JACKSON .... Article 5 says each party treaty does not preclude either development or Impact Statements, 97th Cong., 1st Sess. 393-94 undertakes not to develop and test or deploy ABM testing of fixed land-based devices which could sub- (1981); Fiscal Year 1981 Arms Control Impact March 13, 1987 CONGRESSIONAL RECORD-SENATE 5713 Statements, 96th Cong., 2nd Sess. 453 <1980); Fiscal Committee on South Africa, wrote an spond to South Africa's repression with Year 1980 Arms Control Impact Statements, 96th excellent editorial piece for the Wash­ sanctions, and so have the American people. Cong., 1st Sess. 100 <1979>. The legislation now being implemented was u Dep't of Defense, aupra note 3, app. B at B-2. ington Post about the administration's 41 Id. app. B at B-4 to B-9. rejection of a report by its own adviso­ drafted by members of the president's own 0 SDI Teating Ia Reviewed in Light of Treaty ry panel regarding the value and effec­ party and stopped far short of what many Terma, Wash. Post, Mar. 26, 1986, at 6, col. 5. Democratic members sought. The adminis­ ••See Treaty Termination: Hearinga Before the tiveness of economic sanctions against tration's intransigence, including the recent Senate Comm. on Foreign Relationa, 96th Cong., South Africa. As Mr. Bieber points U.S. veto in the U.N. Security Council of a 1st Sess. 214 <1979>; aee al8o, e.g., Coplin v. United out, regardless of the administration's States, 6 ct. Cl. 115, 144-45 (1984) (holding that the sanctions resolution, can only be a source of President cannot unilaterally modify a treaty obli­ position on the question of sanctions, hope for apartheid advocates seeking to out­ gation on the basis of documents not approved by the provisions of the Anti-Apartheid last economic pressures imposed from the full Senate), rev'd on other ground8, 761 F.2d Act of 1986 are now law and must be abroad. 688 ; White House and the State Department, Preaident of Harvard Branda Legal Syatem Coatly CLINGING TO QUIET DIPLOMACY adds momentum to perceptions of our inter­ and Complex, N.Y. Times, Apr. 22, 1983, at Al, col. national allies and enemies alike that the 6 .• larly robust specimen of U.S. foreign policy, Regardless of ideology or party, no one died a belated public death last October benefits from a vacuum of presidential lead­ SAINT PATRICK'S DAY when Congress overwhelmingly voted to ership on foreign policy-and on South override President Reagan's veto of modest Africa, Reagan has been so out of touch e Mr. D'AMATO. Mr. President, we South Africa sanctions legislation. with reality that he's lost even his own will have cause to celebrate next Tues­ The report from the president's own advi­ party. day. It will be March 17, the day this sory committee on South Africa released The President and Secretary Shultz would Nation sets aside each year to join in last month gave the administration a new be well served to get on with the vigorous peace and friendship and in the spirit opportunity to stop trying to revive the enforcement of the Anti-Apartheid Act-to of Saint Patrick, the patron saint of corpse of quiet diplomacy and bury it once make the law of the land and administra­ and for all. Instead, the administration re­ tion policy one and the same. Should the Ireland. All across the country Irish­ jected its own panel's conclusions that con­ congressional sanctions not result in South Americans, and many others who structive engagement failed and strong Africa's taking steps toward ending apart­ simply wish to join in the fun, will be international sanctions must be imposed heid, the United States then will be con­ marching and parading through the against South Africa. fronted with two basic choices: Do we aban­ streets. Reagan officials, who have argued for don economic pressures or do we escalate The Irish are very proud of their more time for their six-year-old approach of them? patron saint, a beloved friend and a muting public criticism of Pretoria, saw no Abandoning such pressures would not be symbol of hope that someday peace inconsistency in pronouncing congressional likely to speed apartheid's destruction any sanctions ineffective after only a few weeks more than constructive engagement has. Es­ and equality will return to their trou­ in place. calation of sanctions through measures such bled land. But Tuesday all the trou­ They could not avoid, however, the obvi­ as those adopted by the House last June bles will be forgotten, replaced with ous irony implicit in the report's embrace of would be the key nonviolent form of signifi­ thoughts of glad tidings and good international sanctions, given the fact that cant pressure available to our government. cheer. In many cities in Ireland, across the president had created the advisory com­ By rejecting key conclusions of its own America and around the world, people mittee as part of his executive order aimed South Africa panel, the administration un­ set this day aside to celebrate the at successfully heading off very mild con­ dercuts pressure on the apartheid govern­ goodness of life and the hope for a gressional sanctions in 1985. ment and makes an escalation of sanctions The State Department criticized key con­ in the future more likely and necessary.e better life in the future. clusions of the Reagan panel the same day From New York to Chicago and the report was formally presented to Secre­ Boston to Baton Rouge, millions of tary of State Shultz by its co-chairs, Wil­ WORK OR WELFARE Irish-Americans will be on hand to liam Coleman, a former Republican Cabinet parade through the streets. In fact, it member, and Frank Cary, former IBM • Mr. SIMON. Mr. President, the is an occasion for the biggest annual chairman. This is particularly unfortunate community of Rockford, IL, is one of parade held in New York City. As for three reasons. those that has been hit by unemploy­ many as 125,000 people will tread the First, the report's recommendation that ment. 2112-mile parade route, which passes by the president consult with U.S. allies to The Register Star of Rockford is St. Patrick's Cathedral, replete with enlist their support for sanctions is not considered to lean on the conservative something easily dismissed by the adminis­ side, and that is added weight to their bands, floats and highstepping march­ tration-it's the law of the land. The Anti­ ers. Apartheid Act of 1986 calls upon the presi­ editorial saying that we have to take a Many of my colleagues will partici­ dent to convene a meeting of industrial de­ look at new ideas or revisit and modify pate in their home State parades. I mocracies for the purposes of reaching co­ old ideas to break the cycle of depend­ will not miss mine. But no matter operative agreements to impose sanctions ency and to encourage people to work. where we will celebrate, we join with against South Africa. The bill I will be introducing shortly the Irish and in the spirit of Saint Pat­ In denigrating multilateral sanctions, is to guarantee job opportunities is de­ rick. I know I speak for my colleagues, the administration indicating its intention scribed briefly in the editorial. to violate the will of Congress? Given the That measure would help Rockford, Mr. President, in sending blessings and apparent chasm between the law and the ac­ wishing the best to the Irish people. I tions of key White House officials on Iran­ IL, and would help a great many other thank all those who will honor Saint Contra issues, this is hardly an idle ques­ communities and States in this Nation. Patrick's Day, and all those who will tion. We have the strange combination of proudly wear the green.e Second, by clinging to its soft-on-Pretoria people unemployed who want to be approach, the administration signals to the working and all kinds of things that white apartheid government that there is need to be done. ADMINISTRATION RESISTANCE no penalty for escalation of violence against I believe that we can put these TO SOUTH AFRICAN SANC­ blacks, detention and torture of thousands things together. TIONS LAW including children, the suspension of press and speech rights, military attacks on I ask that the Rockford Register •Mr. SARBANES. Mr. President, ear­ neighboring countries and other reprehensi­ Star editorial be printed in the lier this week Mr. Owen Bieber, presi­ ble actions by the Botha regime. RECORD, and I urge my colleagues to dent of the United Auto Workers Republicans and Democrats in Congress read it. Union and member of the Advisory have concluded the United States should re- The editorial follows: 5714 CONGRESSIONAL RECORD-SENATE March 13, 1987 WORK OR WELFARE DILEMMA DIFFICULT To fail to put a halt to the arms race ar testing is needed for the foreseeable Today's problems are very different from to chase after this particular possibili­ future. Miller said a comprehensive nuclear those of the 1930s when President Roose­ ty is madness. If we were to develop it, test ban would be a "disastrous first step" velt created the Works Progress Administra­ the lesson in history is clear that the for the United States to take in arms-con­ tion to put Depression-plagued Soviets will simply do the same and trol pact. America back to work. Physicist Richard L. Garwin, a fellow at Yet, a spinoff of the WPA idea might neither side is better off. the IBM Thomas J. Watson Research have some value today. Illinois -Sen. Paul I urge my colleagues who may have Center affiliated with several major univer­ Simon thinks so and has proposed a modi­ been out of the Washington, DC, area sities, criticized the administration's nuclear fied WPA-style work program for welfare during the recess and may not have testing stance, saying, "It would be very recipients to get them off straight public seen the article to read it. It is not much in U.S. interests to have a ban on all aid. comforting reading. nuclear tests." He said a superpower ban Simon's plan would provide 32 hours of I ask that the article be printed in would help prevent nuclear proliferation by work a week at minimum wage for program the RECORD at this point. other nations and prevent further develop­ participants. Communities would select ment of nuclear-powered weapons such as projects, including such things as work at The article follows: the x-ray laser by either side. day-care centers, tree-planting projects, UNDERGROUND NUCLEAR TESTS CALLED Lynn R. Sykes of the· Lamont-Doherty graffiti-cleaning and sidewalk repair. CRUCIAL FOR SDI Geological Observatory of Columbia Univer­ A rather similar program, on a much sity said seismic monitoring and other tech­ smaller scale, is being used successfuly by CHICAGO, February 14.-A top U.S. weap­ nologies make it possible to verify "with Rockford Township for its welfare program. ons expert yesterday defended the use of high confidence" compliance with a compre­ Other state and national officials have underground nuclear testing as a crucial hensive test-ban treaty. made similar proposals, Gov. James Thomp­ component in the development of the Today marked the start of the 153rd na­ son among them. In his inaugural address, Reagan administration's Strategic Defense tional meeting of the AAAS, the nation's Thompson hinted at work programs for wel­ Initiative, but said its role has been "greatly largest general scientific organization. The fare recipients, but specifies are yet to come. distorted." five-day gathering includes more than 130 President Reagan has been critical of the George H. Miller of the Lawrence Liver­ sessions on subjects ranging from criminal welfare system as we have come to know it, more National Laboratory said "nuclear justice to neuroscience.e but he has launched no national initiatives testing will be required" to test the "surviv­ to change it other than to try to cut back. ability" of President Reagan's proposed Yes something must be done to break the space-based antimissile system in the event BILL HELD AT DESK-H.R. 1505 generation-to-generation cycle of welfare of attack by Soviet nuclear weapons. dependency. But it must be done in the Miller, who heads the nuclear weapons Mr. BYRD. Mr. President, I have style of the 1980s and 1990s when the mar­ program at the Livermore, Calif., facility, cleared this request with the Republi­ ketplace demands high-tech skills for a funded by the Department of Energy, said, can leader. changing industrial base. New jobs are being "The importance of nuclear testing for the I ask unanimous consent that H.R. created, yet studies show six of 10 new jobs survivability of any SDI assets has not re­ 1505 be held at the desk until the close created in recent years are in low-paying, ceived proper attention." of business on Tuesday next. service-sector fields. In a paper presented at the American As­ The PRESIDING OFFICER. With­ Jobs must be created that will not only sociation for the Advancement of Science benefit society as a whole but provide meeting here, Miller described the SDI out objection, it is so ordered. healthy, productive futures for the individ­ system, popularly called "Star Wars," as uals who are placed in them. Breaking the ''non-nuclear.'' dependency cycle is not simply a question of He said portrayal of future nuclear bomb­ ORDERS FOR TUESDAY, MARCH whether to work or whether to take welfare. driven weapons, such as an x-ray laser, "as 17, 1987 Simon, Thompson and Reagan, like many the flag ship and driving force behind SDI" RECOGNITION OF CERTAIN SENATORS others, have identified a problem. We hope has been "overblown." He said the "primary the seeds of their ideas will eventually grow focus" of U.S. research into such weapons is Mr. BYRD. Mr. President, I ask into a lasting solution to benefit all of the to study the possible threat of the Soviet unanimous consent that on Tuesday, people.e Union using such weapons to defeat a space­ after the two leaders have been recog­ based defense system. nized under the standing order, the UNDERGROUND NUCLEAR TESTS Miller said research involving nuclear ex­ following Senators be recognized each plosive-powered lasers is a "small part" of for not to exceed 5 minutes: Senators e Mr. SIMON. Mr. President, I am SDI research, comprising a few hundred PROXMIRE, ARMSTRONG, WILSON, REID, catching up on my reading and came million dollars out of a national program of LEAHY, BENTSEN, and BINGAMAN. across the February 15, Washington more than $3 billion. The PRESIDING OFFICER. With­ Post with an article by Cristine Rus­ "It will take approximately 10 to 20 nucle­ out objection, it is so ordered. sell headed "Underground Nuclear ar tests to provide decision makers with rel­ Tests Called Crucial for SDI." evant data on a counterdefense X-ray laser, WAIVER OF CALL OF THE CALENDAR not the several hundred reported by the Mr. BYRD. Mr. President, I ask The clear implication of this article media," he said. is that we have refused to join the So­ unanimous consent that the call of the Miller spoke at a session on technical and calendar be waived on Tuesday next. viets in knocking out all nuclear tests scientific issues involved in the ongoing because we want to develop a special global debate over whether to ban nuclear The PRESIDING OFFICER. With­ type of x-ray laser connected with testing. out objection, it is so ordered. SDI. Citing U.S. refusal to join in a test ban, NO RESOLUTIONS OVER UNDER THE RULE TO This has been published elsewhere the Soviet Union announced this month COME OVER also, but it is the first time I have seen that it was lifting its 18-month moratorium Mr. BYRD. Mr. President, I ask on nuclear testing, after the U.S. conducted unanimous consent that on Tuesday as authoritative of source as George its first nuclear test of 1987. H. Miller of the Lawrence Livermore Miller said the United States typically next no resolutions over under the National Laboratory quoted. conducts "less than 20" underground nucle­ rule come over. The clear implication of the article ar tests annually. And he said that while The PRESIDING OFFICER. With­ is that we are refusing to restrain the computer simulations of such tests are out objection, it is so ordered. arms race because we want to pursue "very important," they cannot be a substi­ this senseless dream of the strategic tute for nuclear testing. He argued that defense initiative. Even if we could testing is needed to maintain stockpiled ORDER OF BUSINESS weapons, to measure the survivability of Mr. BYRD. Mr. President, earlier rely completely on the computers and weapon systems in general, to modernize ex­ the technology to provide that shield, isting weapons and to keep up with Soviet today, I stated for the RECORD the out­ the reality is the Soviets will simply weapons development. look for next Tuesday and for the shift the type of nuclear warheads As a result, Miller and Richard L. Wagner, week as far as I could foresee. I indi­ they produce to evade the concepts Jr., a former Defense Department official cated that rollcall votes could very now under consideration. now with Kaman Sciences Corp., said nucle- well occur at any time next week March 13, 1987 CONGRESSIONAL RECORD-SENATE 5715 during the days of Tuesday, Wednes­ opportunity to discuss this with the the Senate, I move, in accordance with day, Thursday, and Friday. distinguished Republican leader or the order previously entered, that the I ask unanimous consent that my with Senator WEICKER, the author of Senate stand in adjournment until the statement of the program, which has the disapproval resolution. I hope that hour of 2:30 o'clock next Tuesday already been made, appear in the it will be possible to set a definite hour afternoon. RECORD just prior to the motion to ad­ on next Wednesday at which time the The motion was agreed to and, at journ over. Senate may vote up or down on the 11:21 a.m., the Senate adjourned until The PRESIDING OFFICER. Hear­ disapproval resolution. next Tuesday, March 17, 1987, at 2:30 ing no objection, it is so ordered. There is a time limitation on that p.m. resolution of 10 hours. No motion to table, no motion to recommit, no PERMISSION TO SUBMIT BILLS motion to reconsider, no motion to NOMINATIONS AND JOINT RESOLUTIONS postpone will be in order and no Mr. BYRD. Mr. President, I ask amendments will be in order. Executive nominations received by unanimous consent that Senators may Consequently, there will be a vote the Senate March 13, 1987: have until 5 p.m. today to submit bills and, as I say, I hope it will be next DEPARTMENT OF JUSTICE and joint resolutions. Wednesday, and I also hope we can an­ Dwight G. Williams, of Mississippi, to be The PRESIDING OFFICER. With­ nounce, well in advance, the hour at U.S. Marshal for the northern district of out objection, it is so ordered. which that vote will take place so that Mississippi for the term of 4 years, reap­ all Senators may be prepared, and on pointment. notice. Robert W. Foster, of Ohio, to be U.S. Mar­ PROGRAM shal for the southern district of Ohio for Mr. BYRD. Mr. President, on Tues­ the term of 4 years, reappointment. day next, I anticipate that the Senate ADJOURNMENT UNTIL TUESDAY, Basil S. Baker, of Texas, to be U.S. Mar­ will begin consideration of the disap­ MARCH 17, 1987, AT 2:30 P.M. shal for the southern district of Texas for proval resolution with respect to Mr. BYRD. Mr. President, if there the term of 4 years, reappointment. Contra aid funding. I have not had an be no further business to come before