March 18, 1992 the PRESIDING OFFICER

March 18,1992 CONGRESSIONAL RECORD-SENATE 5943 court of last resort when it comes to starts making a heart-wringing speech friendly country with some loan guar- Presidential vetoes. about his or her concern for the unem- antees, for example. Maybe one of us In just a few minutes, we are going to ployed, ask that Senator how he or she will think back to the good initiative up that record to 25 and 0. voted on this issue, to put 300,000 of the Senator from Delaware, and call Whenever we have one of these two Americans out of work. for a closed session to talk about that veto votes, we also hear about stories Because this is not just a China bill; country's arms exports. Maybe we will attributing votes, one way or the a foreign policy bill. start conditioning loan guarantees, or other, to horse-trading and arm-twist- In a very concrete way, this is a jobs di:ect aid, or any other aid to any ing. But the simple fact is that George bill, too. And we are kidding ourselves, other country, or continued implemen- Bush has won every one of these and kidding our constituents, if we do tation of a free trade agreement, or showdowns because the bills he has ve- not face up to that. even MFN on that country, maintain- toed have been bad bills. And let me list one last way enacting ing a simon-pure policy on arms sales. And this is a bad bill, too. The Presi- this bill will do real damage. If we are going to start down the road dent was right to veto it. And we are Just before we voted on the con- on arms sales and start reviewing going to do the right thing in sustain- ference report in late February, we had every country that is involved in arms ing his veto. a closed session of the Senate, to de- sales and say you ought to loose your It is a bad bill because it will not bate reports of Chinese sales of ad- MFN, that is a debate we ought to work. It will not do what the pro- vanced weapons and technology to have. That is a debate we ought to ponents of the bill say they want to other countries. The distinguished Sen- have. If we want to change the law we achieve. ator from Delaware [Mr. BIDEN] pro- ought to have that debate, but that It will not lead to the release of a posed that session. I commend him for should not be the debate here. single political prisoner. It will not making that suggestion, because I be- Mr. President, President Bush has a open up China's markets. It will not lieve we benefited from our discussion strategy for advancing America's inter- stop arms sale. of this critical issue. We were able to There is not the slightest ests in every one of these areas we have bit of evi- separate some facts from speculation, discussed. We are making progress, dence, or logic, or history that sug- and put some other facts in the proper substantial in some areas like trade gests enactment of this bill will accom- context. plish any and arms proliferation; less substan- of the goals laid out by the No doubt about it, we all deplore tial, but still significant, in human proponents. the Chinese have done in But what is even worse than that. some things rights. this area. And we are unanimous in de- We are going to keep the heat on Overriding the President's veto-put- manding that China cease and desist in ting this bill in law-will not only do China. We are going to stay engaged. no good; it will do a great deal of harm. some of its irresponsible arms sales We are not going to turn our backs to It will harm China's young, entre- policies. 1 billion 100 million people. preneurial class-the country's strong- But lot us analyze this. Why do the It seems to me if wewant to have an est advocates of reform-far more than Chinese do these deals? We heard it in impact on 1.1 billion people and the it will harm the old men in Beijing. the closed session, and in private brief- leaders of the People's Republic of It will be a devastating blow to the ings. But it is not a classified matter. China we ought to be seated at the economy of Hong Kong, dramatically It is just common sense. They sell arms table, not outside. Not locked out be- reducing the chances it can survive as for the same reason we sell wheat, and cause we have taken some action, or an enclave of freedom and free markets airplanes, and computers, and, yes, the Senate has taken some action. It after 1997. arms. They sell arms to make money- seems to me we are in a better posi- It will hit home in every wallet and desperately needed hard currency. tion, if we have a difference of opinion, pocketbook in this country. The fact But here is the logic of the support- if we want to influence their policy, to is, we import billions of dollars of low- ers of this legislation. We want China be inside the tent and not outside the cost, good quality products from China to stop selling arms, so-to pressure tent. which we simply cannot got anywhere them to do that-we close down one of So, in my view that is the way to get else at anywhere near those prices. the most lucrative markets they have the job done. Not by mounting some Let me give you just one example. for earning hard currency from non- high moral perch and firing our moral Ending MFN for China will raise the military exports, the United States Scuds. price of a pair of inexpensive shoes- market. Mr. President, I urge every Senator the kind that typically sell for $10- We just shut down the United States to vote to sustain President Bush's $25-$1 to $2. If you are in a low-paying market to the Chinese. veto on this bad legislation. job or have a fixed income, or are liv- What do you think the Chinese will This is an important vote. It is an ing on unemployment compensation, do? They still need the hard currency. important vote to agriculture; it is an and you have three or four kids who They are suddenly getting a lot less of important vote to consumers in Amer- need shoes-that hurts. it, at least in the short run, from sell- ica; it is an important vote to a lot of Most damaging of all, enacting this ing nonmilitary goods to the United other people who do business in the legislation will wipe out many, many States. The only other thing they have People's Republic of China and create American jobs. One reputable economic to sell, that anyone wants to buy, is American jobs. Make no mistake about research organization has put the toll military equipment and technology. it. If President Bush finds the Chinese at 300,000 jobs. In those circumstances, are they are engaged in some unlawful conduct There has been a lot of genuine an- likely to sell more arms, or fewer with reference to arms sales or every- guish-and some crocodile tears-over arms? It does not take a genius or a thing else, he can stop it in a minute. the plight of our Nation's unemployed. rocket scientist to figure that one out. He can stop it in a minute. And he will There have been a lot of partisan pot- Mr. President, if we are going to use do that in a minute. shots at George Bush, saying he does MFN to bludgeon the Chinese on mat- But I am prepared, if anybody has not care about the unemployed. ters like arms proliferation, we are cre- any doubts, to give the President the Well, he does care. And he does not ating an interesting linkage-in fact it benefit of the doubt in this very impor- want to put tens and tens of thousands was just referred to by the Senator tant issue. I hope the President's vote of Americans on the unemployment from Oregon-and setting an interest- would be sustained. roles so a few politicians can feel good ing precedent. MFN is based on emigra- The PRESIDING OFFICER. Who about taking a high moral stance on tion policies. It has never been linked yields time? China. to anything else. Mr. DASCHLE. Mr. President, I yield And let me urge the American voters, Maybe one of these days we will have such time as he may consume to the the next time one of their Senators a proposal on the floor to provide some Senator from Georgia. 5944 C:ONGRESSIONAL RECORD-SENATE March 18, 1992 The PRESIDING OFFICER. The Sen- now, I can tell you again from evidence We have a trade surplus with the Eco- ator from Georgia [Mr. FOWLER] has in my own State, China is cheating on nomic Community of Europe. Is that the floor. its textile quotas and hurting jobs, in- evil? And should we in a throes of guilt PRIVIIEGE OF TIlHFLOOR-II.R. 2212 dustrial jobs all over Georgia and decide that we should not be selling Mr. FOWLER. Mr. President, before I throughout the southern textile pro- more to Australia than we buy; there is begin I ask unanimous consent that ducing States. We have lost thousands something morally wrong with this, Mr. Joel Wusthoff, a staff intern for of jobs because the Chinese, and others, following the lines which the Senator Senator MITCHELL on the Democratic erect high barriers to keep out our has diagramed, and the same with the Policy Committee be accorded the goods and promote their own industry, European Community? In other words, privilege of the floor during the consid- one that we know all too well is based every nation with which we have a eration of, and votes on, H.R. 2212, this on low, low wages and sorry conditions. trading surplus, somehow we should re- legislation. And yet the administration is asking verse that and get it down to equal; is The PRESIDING OFFICER. Without us once again to accept politics as that what the Senator is saying? objection, it is so ordered. usual. No, we should not go begging in Mr. FOWLER. I will be very pleased Mr. FOWLER. Mr. President, the Japan. No, we ought not to be caving in to debate trade policy and discuss this. issue of granting MFN status to China to the Chinese. It seems to me if we are As the Senator knows, that is not what is one that troubles me greatly on going to do $100 or $150 billion in trade I just said. But allow me to finish my many levels. With its vast resources, with China, they ought to do $150 bil- statement on China. China is on the verge of becoming an lion in trade with us. If we are going to Mr. CHAFEE. If he can clarify that economic colossus of the 21st century. have a bilateral treaty with the Chi- point-- Surely as the minority leader just stat- nese, the Taiwanese or anybody else, if Mr. FOWLER. I will be very pleased ed, our two nations must try to find a we are going to sell $150 billion in to discuss this both on the floor and way to forge closer ties. goods and services to them, they ought off. I am simply saying that whore we At the same time, though, we cannot to be buying $150 billion in goods and have competitors who are capable; not ignore that in other ways the Chinese services from us. tolling them what to buy. I am trying Government also represents a brutal Mr. CHAFEE. Can I ask a question on to think of a surplus in the Senator's system, intolerant of any dissent; it that issue on my time? own State, but I cannot do it. I assume violates the fundamental values of de- Mr. FOWLER. I will be delighted. what brought the Senator to his feet mocracy and freedom upon which our Mr. CHAFEE. Mr. President, I am was my discussion of what I said about international relationships must be having a little trouble following the the President's trip to Japan. based. Senator. If we buy $150 billion, any They do not want to buy our cars. In considering the MFN status for amount, from a country, the return They do not have to buy our cars. I China I personally cannot forgot the commensurate requirement is that agree with the Senator. We cannot meetings I had in Georgia with groups they buy the same amount from us; Is make the Japanese buy our cars. We of Chinese students following the mas- that what the Senator is suggesting? can try, but I do not think we can sacre in Tiananmen Square. Row after Mr. FOWLER. I am suggesting to the make them do it. I would like to. I row of young Chinese men and women Senator from Rhode Island that those would like to save Detroit, but I can were trying to maintain their countries whose economies are fully ;ay to them that we have huge sur- composure as they related in graphic capable to sustaining an equal trade re- pluses of wheat for an island nation detail the experiences of their friends lationship with the United States of which they need which they can cor- and families, stories that we may have America, countries whoso economies tainly buy to make our balance with forgotten, but they have not forgotten. are strong, countries who have signed them less imbalanced. Stories of families and friends being or would like to engage in bilateral In Georgia, we have millions of tons crushed by tanks, mounds of bodies trade negotiations and be a principal of chickens that they need. We will sell burning and many other horrors. trading partner with the United States them chickens. We will sell them cot- Mr. President, this administration of America, yes, we should use our le- ton. We will sell them soybeans, but it and this Congress knows full well that verage as the largest consuming coun- takes a little steel in the spine of this all efforts to gloss over these events, try in the world to require that at end administration if we are going to use ones that may seem distant to us today of the year, to the greatest possible ex- the economic leverage that we have but whose pain has not abated for those tent, our trading balances should bal- where we do have these imbalances students in Georgia and their loved ance. with nations whose economic status of ones in China, this cannot alter the Certainly, we can do that with the living and whose economies are per- fact that nothing has really changed in Japanese. Certainly, we can do that foctly able to be equal if we would use Beijing. with the Taiwanese. Certainly, we can a little of our power to do it. At a time when other former autoc- do that with the Chinese. The only I thank the Senator and will be glad racies are struggling to reform them- thing, in my opinion, that is keeping to work with him at a future time on a selves into democracies all over the that from happening is the timidity of better trade policy. world, one of the last bastions of auto- our country in not insisting that what Mr. President, in conclusion, we cratic rule is being treated or would be should be an equal trading relationship should pursue reciprocal agreements in treated by us to special status. Cer- is, in fact, at the end of the year and on trade relations, including MFN, that tainly, we should do no favors for a re- the bottom line an equal trading rela- would only speed the process of reform gime which treats its own people with- tionship. We buy $150 billion from in China. But we should do it from a out mercy. them; they buy $150 billion from us. position of strength. We should not be It is not enough for this administra- Mr. CHAFEE. That is a very interest- afraid to insist on the terms laid down tion that gross human rights abuses ing approach. by tle Senate, measurable progress on are ignored. I would like to take just a Mr. FOWLER. I am glad the Senator free trade, human rights and prolifera- moment on trade policy. likes it. tion of weapons of mass destruction. Right now, Chinese exports to the Mr. CHAFEE. I may not understand When it gets down to it, we have no United States are growing twice as fast it. It seems to me what the Senator is choice but to engage China in every of- as our exports to them. We should use saying is that we are a big, powerful fort to change its reactionary policies that economic leverage at the very country and we can bully these coun- and hold it to responsible standards of least to try to correct that imbalance. tries into buying from us exactly what international behavior. We have the According to the President's eco- we are buying from them. It reaches an means to do that,I submit, because the nomic plan, we must ship more of our interesting conclusion. For example, people are willing, despite the fact that jobs and our capital to China. Right we have a trade surplus with Australia. the rulers in Beijing are not. March 18, 1992 CONGRESSIONAL RECORD-SENATE 5945 For us, the opening of China does ple, if you do not release all the pris- nificant breakthrough in our relation- represent a great opportunity. To oners as a result of the Tiananmen ship with China. China, exchanges with the free world Square massacre, and the President so We never would have achieved that, represents a desperate need. We should certifies, which he cannot, they do not Mr. President, if this legislation had proceed there with the confidence that get the treatment we accord every gone through and the President had if any semblance of the present Gov- other nation and, indeed, that every not vetoed it. Like it or not, and those ernment hopes to survive, it must, it other nation accords to China. Is this on the other side will describe it in var- must, it must undertake the reforms not peculiar? ious complicated ways, the facts are that we espouse. Here we go seeking markets, saying that if this legislation should pass de- As for me personally, I am not going we want to improve trade, and yet we nying MFN to China except with cer- to break from the commitment I made are saying to China with one-fifth of tain certifications by the President and to those Chinese students, anguished the world's population, we are not the Untied States, China would cut off students who looked to our Govern- going to deal with you-unless you its relationships with us. ment for leadership in those difficult kowtow to us and do exactly what we So, Mr. President, this is a signifi- days following the barbarity in want, we are not going to trade with cant vote. It is a significant vote not Tiananmen Square. you. necessarily for trade reasons, although I pledged then, as I do today, that we Now, Mr. President, I have listened it is for that, but it is much more sig- will demand real change of the rulers to this debate, and I noticed an awful nificant as to whether we truly will in Beijing before granting them any of lot of it was about trade and the imbal- bring China into the family of nations. the favors that they seek. ance of trade. The objections are not China, as everybody knows who has I thank the distinguished chairman necessarily on the human rights side. studied 8th grade history, has had a of the committee. I yield the floor. The objections are that China has a long history of isolationism, which The PRESIDING OFFICER. Who trade surplus with us, and so we ought they have enjoyed, and it was not yields time? The Senator from Rhode to cut them off. Of course, that is what unique. It just did not go back to when Island. passage of this legislation would result they started the Great Wall of China in Mr. CHAFEE. I yield myself such in. the year 403 B.C. Think of it, from 1946 time as I might consume off the time We do not like the trade situation in until President Nixon went to China in on our side. China. If they are violating it in some the 1970's, China was separated from Mr. President, I think we really respect, intellectual property or prison the rest of the world. It was a break- ought to make clear what we are talk- labor, all things that are alleged, then through for President Nixon and Sec- ing about. If there is ever a term that we have ways to respond. retary Kissinger to go there. Gradu- was inappropriate for the situation, it As the Presiding Officer well knows, ally, we have opened up these relation- is most-favored-nation. Most-favored- we can use the Super 301 action, which ships and improvements have been nation does not mean a nation is fa- is provided for in our trade laws. What made. vored in any way. It means that if you we seek, Mr. President, is access, and Mr. President, I greatly hope the do not get that status, you are put in the way to get access is not to proceed vote to sustain the President's veto a very small group of pariahs in the as we are doing here, to deny MFN, will pass, and not just pass by a couple world. which cuts off all relations. It does not of votes. I hope it will pass overwhelm- The United States, for example, just cut off trade relations. It really ingly. I might say this is very impor- grants most-favored-nation to-listen sours all relations with China. tant, as I said previously, to our rela- to this selection: Syria and Libya. We Mr. President, this is very unfortu- tionships with China as a massive part give most-favored-nation to Iraq. We nate legislation. I believe that we have of the world, which we cannot dismiss, but also on the trade side likewise. give most-favored-nation to Iran. We a way of dealing with it; if we do not I come from a State that has the give most-favored-nation to Cambodia. like the trade process, the trading world's largest toy company in it. That There is only a handful of nations that method in which China indulges, and toy company does business in China to we do not give most-favored-nation they are contrary to accepted proce- a very substantial degree. They have a treatment to: Cuba, Vietnam, Albania, dures, we have ways to proceed, as I factory set up. They purchase likewise North Korea. mentioned before. But lot us not put from other factories in the southern So when we say we should give most- China off in some little box and try and part of China not far from Canton. favored-nation to China, it is not giv- erect a wall around them, erect a wall Now, they can see in that part of China ing them some specially selected treat- around how many people they have, 1.2 growing up a spirit of individual enter- ment that is a favored type; it is giving billion people, and say we are not going prise, a spirit of free enterprise, which them something we give every other to deal with you. The Japanese, the we all applaud. And we believe there is nation in the world except the four or Brits, the Dutch, the Germans, and ev- a connection between that and the five nations I have previously men- erybody else can deal with you but not eventual arrival of the democratic tioned. us, because we do not like a series of principles, and indeed there is in that What are we dealing with here? What things you are doing. section of China. those on the other side who seek to If we really are interested in dealing If the President's veto should not be override the President's veto are say- with these matters, human rights sustained, the ability to import from ing is that unless China conforms to progress, preventing exports made by those factories would clearly end, and these certain criteria that the Presi- prisoners, terminating religious perse- thus several thousand jobs would be dent will have to certify, then we do cution, allowing freedom of the press, lost in my State. We have a million not grant them this most-favored-na- stop jamming Voice of America, stop people in our State-very small. What I tion treatment. intimidation of Chinese in America, am reporting here would be duplicated Some of those we clearly know that allow access by international human in other States as well, and I suspect in the Chinese are not going to subscribe rights groups-on it goes-if we really the State of the Presiding Officer, al- to under pressure from the United believe in all those things, Mr. Presi- though I am not familiar enough with States. Indeed, I think we have to real- dent, then we must open our ways and his situation in Connecticut. So we are ize this is the way they view the situa- methods of dealing with the Chinese. cutting off our nose to spite our face if tion, to China, a great and proud na- Just as we have had success in the in- this veto should not be sustained. tion, bigger than this Nation in popu- tellectual property field, we have For those reasons, Mr. President, I lation, longer in history by far than reached an agreement which seems hope very much we can get on with we, with a history of isolationism, a rather satisfactory. We have to see how this vote and that the votes in favor of history of turning its back to the rest it works out in practice, but there is no the President's position will be over- of the world. We are saying, for exam- question but what it represents a sig- whelming. 5946 CONGRESSIONAL RECORD-SENATE March 18,1992 Mr. President, I see no one else pre- not makers, furniture makers crafts- the money that they would have used pared to speak at this time. I suggest men, and homebuilders, who want to be to grow and add jobs. the absence of a quorum. more productive and competitive. Now Recently our largest newspaper in The PRESIDING OFFICER. The equipment helps them achieve that Albuquerque, the Albuquerque Journal, clerk will call the role, goal. ran a political cartoon that I think The assistant legislative clerk pro- After almost 20 years of working 70 captures the folly of the bill that is ceeded to call the roll. hours a week, he and his wife have now in conference. The cartoon showed Mrs. KASSEBAUM. Mr. President, I built a nice business. They are proud of the Congress raising taxes so it could ask unanimous consent that the order the contribution to the economies of spend more taxpayer money on Govern- for the quorum call be rescinded. the cities I just described, but they are mont programs, and in their cartoon, The PRESIDING OFFICER (Mr. rudely surprised to learn that they Benefits for the Unemployed, the Fi- BHYAN). Without objection, it is so or- were part of the wealthy class who nance Committee bill spends the dered. were not paying their fair share of money on special interest provisions Mr. CHAFEE. Mr. President, I yield taxes, at least according to some, at and in new entitlements. the Senator from New Mexico such least according tor the bill that passed Mr. President, as we all know, I time as he requires. the Senate, the Finance Committee think that the entrepreneurs that I The PRESIDING OFFICER. The Sen- bill. John tells me, frankly, that he have described here have a better idea. ator from New Mexico [Mr. DOMENICI] and his wife plow almost all of their They want to create jobs with this is recognized. profits back into the business. Yet, if money. They make a very efficient and Mr. DOMENICI. Mr. President, as I the finance bill becomes law, they responsible use of the capital and the understand it, we have some time re- would have to pay substantially more human resources that are a part of maining, and I ask unanimous consent in taxes over the next year. their business. that I be able to speak on a subject John and Billio Jean had a different It is misguided policy to raise taxes that is not the pending matter. plan for that money. They were going on some job-creating entrepreneurs and The PRESIDING OFFICER. Without to create about 100 new jobs. They are business people who are depending on objection, it is so ordered. expanding, and in October 1991, they it to provide long-term economic opened a now facility in North Caro- growth. John, who I have been speak- lina. They planned to open a now one ing of, is a bit of a philosopher. He THE TAX INCREASE in New Hampshire later this year that notes that the Founding Fathers never Mr. DOMENICI. Mr. President, I have would have employed about 30 people. contemplated a country where 60 per- a bill that is being walked down hero If all goes according to plan, they cent of the Federal tax burden would that Senator BOND wants to join me would even open one in the State of be shouldered by 10 percent of the tax- on, and I will try to introduce it as Kentucky with another 30 jobs. payers. part of this discussion. I will ask for John is negotiating with a mail-order Lot me run through those numbers some time on that. firm that he wants to move to his on Federal income tax burdens because I rise today to give the Senate part home city of Albuquerque. It is a small there is a lot of misinformation float- two of my analysis of the tax increase operation, but it would mean an addi- ing around. In 1977 the top 10 percent that passed the Senate a few days ago, tional eight jobs within the next 11 to paid 50.5 percent of the individual increasing marginal rates in the tax 2 years. He is negotiating to buy a taxes. In 1980, their burden dipped structure of the United States. small manufacturing plant that would slightly, 49.1, but it has increased since I choose to call my series-this is move to Casper, WY. then. By 1992 it increased to 60.2 per- part two-"The Economic Growth His business plan would be in trouble cent. This means that the other 90 per- Means More Jobs, Not More Taxes." if the bill that we voted in a few days cent are paying 39.8 percent of the That is the theme. I want to talk about ago-the tax bill, the so-called eco- total tax burden. a married couple, who are small busi- nomic growth and jobs bill and tax Frankly, Mr. President, I think I am ness people providing new jobs in my fairness bill-according to John, if the beginning to understand why the low- State. new rates go into effect, the additional ering of the marginal tax rates during I consider them to be important con- tax will slow down, rather than permit the last half of the decade of the tributors to the economy of my home him to expand. eighties caused so many small busi- city, Albuquerque. But some who voted So his ability to expand without bor- nesses to grow and add so many mil- for the tax bill apparently do not think rowing money, without looking to the lions of now jobs. I think it is precisely they contribute now jobs, but ratheor Government for anything, will be im- because they loft their money in their that they ought to pay more taxes. The peded not helped by the jobs bill which businesses, that is the small business company's name is Wood Workers Sup- will not create jobs, but will collect people, and those who wore corporate ply. John Wirth and his wife, Billy more taxes, including more from this chartered but under tax laws were Jean, in 1973 started the business with couple and their business. partnerships they left their money in 5 employees. In 1976, they put together The President asked the Congress to their businesses and that added innu- their first mail-order catalog. Today enact an economic growth package. merable thousands of Jobs. they provide and pay checks for 165 Those who support the bill that passed Some might say that is not the way families in Albuquerque in three or here claim that it is an economic they want the tax laws to work. Frank- four different places. Eighty-five of growth bill, but I believe it is no eco- ly, I believe the proof is in the pudding. those are in Albuquerque; 35 in Casper, nomic growth bill. Growth means jobs. If you want jobs, you do it that way. WY; 45 in Graham, NC. The real world impact of this bill is to You leave business people, men and The jobs at Wood Workers Supply are delay the creation of jobs by business women, small businesses, you leave good jobs, on average about 20 to 25 men and women like John and Billie them to the job of job creation, and percent more than the average paying Jean, and thousands of other small you do not maximize the taxes you jobs in the city of Albuquerque. Wood business people who leave much of take from them because to do that Workers Supply sells machinery, power their profits in their business to grow, leaves an economy such as ours less tools, woodworking supplies, and John to add jobs, yet report the income since apt to grow, prosper, and do what many and Billie Jean pride themselves in fea- they are partnerships or subchapter S of us want, provide opportunities for turing American-made products in corporations, report it as income and people. their stores. under the bill will pay taxes on all of it I thank Senator CIIAEE for yielding, That way, they support other Amer- at about 16 percent higher than they and I yield the floor. ican industries and workers. And 50 are paying today, a rather substantial Mr. BENTSEN. Mr. President, I yield percent of the sales are made to cabi- increase in what they will pay out of such time as I may need, and I must re- March 18, 1992 CONGRESSIONAL RECORD-SENATE 5947 spond to my friend from New Mexico IRS, they will have the option of writ- certainly is not a wealthy State-and concerning his comments about the tax ing it to their IRA and taking a $2,000 we are going through all kinds of prob- bill. deduction. And we would allow the uti- lems currently-I present this situa- Let me make a point. The President lization of that to help people buy their tion to our people and say, if you are has stated that he was sorry he ever first home, help them take care of the going to add $32 billion of tax revenue got into the 1990 budget agreement. college education of their children, or to the Nation-and that is what this But that agreement is the only dis- take care of a major medical illness. costs over 5 years, $32 billion-is it best cipline we have on the administration Those are positive things that have to have it go to a very limited class? and this Congress to try to see if some- been put in the piece of legislation that It does not go to everybody, it does day we can get this budget deficit we will be going to conference on today not go to the very poor, and it cer- down. But the President has dem- at 5 o'clock. tainly does not go to the rich. It goes onstrated how he has turned his back So, these are major things to bring to those with incomes roughly from on that budget agreement by present- fairness to the tax system. We do not $20,000 to $50,000 and then phases out. It ing legislation to us that the CBO, Con- bust the budget but live within the only goes to those who have children 15 gressional Budget Office, says would budget agreement. For top income peo- or under, atid it is for this limited cost this country $24 billion. ple, the top seven-tenths of 1 percent, amount. I hear my friend from New Mexico we still would have a top rate substan- So I propose that to the folks at talking about this tax increase, tax in- tially below that of our principal eco- home. Is this the way you would like crease, tax increase. What is not said nomic competitors, like Japan, Ger- $32 billion additional revenue to go in by this administration is there is an many, and the United Kingdom. our country? And the answer unani- equivalent tax cut in that bill. Mr. President, it is not easy to put mously is, "No. Let us put it to reduce When President Reagan talked about together one of these tax packages. the deficit of this country." And that cutting taxes and raising the capital There is not everything in it that I is where we ought to go. gains tax, he called it reform. This bill would have liked or that others would. I am not opposed to now taxes. I have can justifiably be called reform also, But overall, it is a substantial im- voted for new taxes around here plenty because what we are trying to do is provement on present law. of times. But if we are going to go into bring some fairness back into the tax We say to those people, middle-in- a big new tax program such as this, system. come folks that took the biggest hit in then let us use it to look after these President Reagan proposed a 35-per- the last decade, who saw their taxes go children, not their parents with 83 cent tax rate on anyone making over up as their incomes went down, that we cents a day, but help relieve this ter- $70,000 a year. That was his proposal. are going to give you a $300 credit for rible burden we are placing on these This bill affects families that make each child you have. The cost of children to the tune of $300 billion a over $175,000 a year, and that is after rearing children today has continued year of additional debt that someday their deductions. That actually means to escalate, whether you are talking they are going to have to pay and their they will certainly have a gross income about housing, medicine, or food. And children and their families. of something over $200,000 a year. The for those typical families of four with 2 Mr. President, how much time do I bill raises their tax rate by 5 percent, children, we have a $600 tax credit; that have remaining? from 31 to 36 percent on families mak- is a 25-percent tax cut for a family The PRESIDING OFFICER. The Sen- ing over $175,000 a year, or individuals making $35,000 a year, the median in- ator from Rhode Island has 13 minutes making over $150,000 a year. The vast come. and 33 seconds. majority of those people making over So it is a step in the right direction. Mr. CHAFEE. Mr. President, I sug- $70,000 a year, that President Reagan Does it solve all our problems? Of gest the absence of a quorum. would have had pay a 35-percent tax, course, it does not. Does it imme- The PRESIDING OFFICER. The ab- under this proposal, will be loft paying diately turn this economy around? Of sence of a quorum having been sug- 28 percent a year. course, it does not. We did not get in gested, the clerk will call the roll. Then let us look at what the bill this shape overnight. This is a situa- The bill clerk proceeded to call the means in the way of progressive tax- tion that came upon us gradually over roll. ation. In this country, if you make a period of years. Mr. CHAFEE. Mr. President, I ask $35,000 a year or if you make $1 million And this bill is a step in the right di- unanimous consent that the order for a year, the difference in your tax rate rection in trying to help the economy the quorum call be rescinded. is only 3 percent. The ability to pay, with, long-term growth and restoring The PRESIDING OFFICER. Without fairness in the tax system, I think some fairness to the system. objection, it is so ordered. those are major considerations that we Mr. President, I retain the remainder have to address. of my time. Another proposal that was not men- How much time do I have remaining? UNITED STATES-CHINA ACT-VETO tioned is what the bill does for the self- The PRESIDING OFFICER. The Sen- The Senate continued with the recon- employed or for the small employer ator has 3 minutes and 15 seconds. sideration of the bill. who today can only get a tax credit for The Senator from Rhode Island. Mr. D'AMATO. Mr. President, I rise 25 percent of his health insurance pre- Mr. CHAFEE, Mr. President, I would today to oppose the effort to continue mium. We are talking about moving it point out that when the taxes are in- most-favored-nation trading status up to 100 percent. We are working to creased from 31 percent to 36 percent, with China. Yesterday's newspapers make that permanent. it is, of course, not a 5-percent in- contain information that suggests Then in the ill-fated attempt to crease, it is a 16-percent increase. China is providing Iran with some of make this bill bipartisan, we reached I also would point out that this bene- the technology necessary to construct out to take the seven incentives that fit for these children goes only to those nuclear weapons. If anyone in this the President put in his program and children who are age 15 and younger; in Chamber can think of anything more put them in ours, some with minor other words, under the age of 16. And horrifying than that, they have a more modifications and others word-for- the total benefit is 83 cents a day per vivid imagination that I do. word. I am talking about things to en- child. So I do not think any of us sug- It was with great foreboding that I courage income growth like acceler- gesting that is going to stimulate the supported the administration's posi- ated depreciation. We put in a credit economy. tion in support of most-favored-nation for a first-time home purchase. We And the other point I would like to trading status for China. I had hoped added a much better IRA, one that make, it is not just solely inside the that after the collapse of communism would say to all Americans when they Beltway talk to say that 83 cents a day in the Soviet Union, the Chinese Gov- sit down to write their check to the is not very much. In my State, which ernment would begin to significantly 5948 CONGRESSIONAL RECORD-SENATE March 18, 1992 change their behavior. Obviously, that "The secont Is the nature,of the control nationally recognized standards of has not occurred. Until the Chinese structure," Lin added. "It is very difficult human rights, and armed the Third Government learns how to act as a re- for the highest levels of government to con- World with nuclear weapons technol- trol the corporations." sponsible member of the world commu- Exports hero add a third reason for the ogy. nity, they should not enjoy an advan- Chinese reluctance to abide by the MTCR: a Three weeks ago, when the con- tageous trade relationship with the fear of losing prestige and influence In the ference report first made its way to the United States. Third World. floor, 59 Members of this body lent it Mr. President, I ask unanimous con- SIn addition to the well-publicized M11 mis- their support. A majority of the Sen- sent that the attached articles be sile deal between Pakistan and China, the ate, like the majority in the House of printed in the RECORD in their entirety. China Precision Machinery Import-Export Representatives-and backed by a clear There being no objection, the articles Corp. (CPMIEC) in 1988 entered into an majority of Americans-agreed that were ordered to be printed in the agreement with Syria to develop the Inter- the time had come to reverse United REcORD, as follows: mediate range MO missile. The CPMIEC, a company established by States policy in China. (From the Los Angeles Times, Mar. 17,1992) the Chinese Ministry of Aerospace Industry Today, thanks to the efforts of the CHINAIII',PINO IRAN BUILD NUCI,AI. ARMiS, and under the direction of the State Council, majority leader, this issue is before us U.S. SAYS was until recently, along with China Great once again. We may pick up a few more WASiHINo'roN.-Although a recent Inspec- Wall Industry Corp., on a U.S. sanctions list votes today. We may come closer to tion found no evidence of nuclear weapons as a result of sales of such missiles. our goal. But in the end, we all know research, U.S. officials believe that Iran Is The MO missile has been developed with the likely outcome. engaged in a determined, long-term effort to Syrian funds and has recently undergone Barring an unforeseen circumstance, develop nuclear weapons with the help of tests at a government-owned range In Gansu technology from China. Mr. President, this override vote will province. The MO Is a solid-fuel mobile mis- fail. Business with China will continue Over the past few years, China has pro- sile with a range of up to 600 kilometers (372 vided Iran with a mini-reactor and with miles). as usual. And the leaders of Beljing technology similar to that used by Iraqi The MO is a more modern missile than the will have pulled the wool over our eyes to President Saddam Hussein In attempting M11 developed for Pakistan and is better once again. develop nuclear weapons. We all know what brings us to this "I don'tthink the Iranians are going about suited for delivering a crude nuclear war- it in such a brutish fashion as Saddam Hus- head. The M9 also can be armed with a chem- confrontation today. For the 26th time sein," one State Department official said. ical or biological warhead. since taking office, the President has "Their program Is much more subtle and The missile does not possess pinpoint accu- rejected the clear majority of Congress long-term." racy, but It Is more precise than the Iraqi and told the American people that he In 1990, Iran and China signed a 10-year Scud B or Its al-Husayn derivative used in knows best. In the process, the Presi- agreement for scientific cooperation and the the Persian Gulf war. Fitted with a fuel-air dent has taken the hopes and aspira- transfer of military technology. munition, the M9 could be used as a tactical U.S. officials said that the items publicly weapon. tions of the Chinese people and blotted acknowledged to have been transferred be- Delivery of M9 missiles to Syria Is aid to them out with his veto pen. tween the two countries-such as an electro- be imminent and sources say that up to 24 I know the President has had a long magnetic separator for producing isotopes- missile transporter-launchers already are in history of dealing with the Chinese. I are "very small-scale stuff" and, by them- place in the country. know he considers himself an expert on solves, could not be used to make nuclear However, in testimony before the U.S. Son- the Chinese people, their culture, and weapons. But they said the Chinese exports ate's Joint Economic technology and secu- their iays. And I know that his record, would be invaluable for an Iranian nuclear rity subcommittee last Friday, Richard in Congress, at the United Nations. and weapons program, because they would help Clarke, U.S. assistant secretary of state for Iran acquire the know-how to later build nu- politico-military affairs, said the world's within the intelligence community, has clear weapons. chief missile proliferator at the moment is given him lengthy experience in Chi- Iran now ranks, along with North Korea North Korea rather than China. nese relations. and the Commonwealth of Independent Clarke said North Korea is marketing But sometimes I think that you can States, among the top concerns of U.S. offi- three missiles: the original Scud, an ex- got so close to a subject that you lose cials worried about the spread of nuclear tended-range Scud-C, and a now missile all objectivity, Mr. President. And that weapons. called the No-Dong I. The missile is still in is what I suspect has happened hero. CIA Director Robert Gates testified in Con- development, said Clarke, but it is expected The President sees a China that is gross last month that Iran "is building up its to have a range of over 1,000 kilometers (620 struggling within itself, one faction special weapons capability as part of a mas- miles), covering all of South Korea and sive ... effort to develop its military and de- Japan. pushing for reform and another resist- fense capability." Iran is looking to China to "If, as we suspect, they will also try to sell ing change. The President sees a China supply missiles and nuclear technology, he this new missile in the Middle East, it will that knows it must join the inter- said. also pose a threat to stability there," said national community, and is only delay- China contends that all of its nuclear help Clarke. ing the inevitable. to Iran has been above-board and that the fa- Chinese officials are also reported to be The President sees a China that is cilities it Is helping Iran develop comply less cooperative than previously in helping with the legal safeguards of the Inter- making economic reform, a China that draft new restraints on conventional arms needs positive reinforcement to nur- national Atomic Energy Agency. A Chinese sales to the Middle East, according to admin- Foreign Ministry spokeswoman said last No- istration sources. ture it along. The President sees a vember that while China has supplied Iran The United States, Britain, France and China that will eventually come to em- with nuclear technology, it is "only for Russia have largely agreed that they will no- brace democracy and full economic peaceful purposes." tify one another before major defense sales freedom, if only we will give it the WE'r WOIuRIE CIIINA WILL SELL.MISSILES in the Middle East. They have also largely chance. agreed on the types of equipment that will Lot me tell you about the China I (By Paul Lewis and David Sllverberg) require notification. However, the Chinese see, Mr. President. IIoNO KoNo.-China intends to proceed position Is becoming less cooperative, the I see a China thatcontinues to detain with missile sales contracted before It sources report. agreed to abide by the Missile Technology hundreds of Tiananmen Square dem- Control Regime (MTCR) last November ac- Mr. DODD. Mr. President, once onstrators, without regard to due proc- cording to experts here and in Washington. again, I rise for the purpose of calling ess or recognized standards of judicial "There are two reasons why China Is not attention to the repressive policies and review. likely to conform to the wording and spirit programs of the Chinese leadership. I see a China that has tortured hun- of the MTCR." Chong-Pln Lin, associate di- Mr. President, last July, 55 Members dreds of its own citizens during deten- rector of Chinese studies at the Washington- of this body agreed to send a clear sig- tion and interrogation, despite the per- based American Enterprise Institute, told nal to the sheltered old men of Beijing. Defense News last Thursday. sistent condemnation of the inter- "One is financial," said Lin, who noted We agreed that we would no longer national community. that missile sales bring China desperately look the other way as China violated I see a China that has mocked the needed foreign currency. fair trade practices, flaunted inter- rules of world trade, and now holds a March 18, 1992 CONGRESSIONAL RECORD-SENATE 5949 $13 billion trade surplus with he United embargo against the Soviet Union in rious problems with China. That might States as a result. 1979. give some of us a degree of short-term I see a China that has sold missile More recent experience has also satisfaction, but precious little long- launchers to Pakistan, nuclear tech- taught us that the corollary to this re- term gain. nologies to Algeria, and missile tech- ality is also true. That is, that eco- Mr. President, I urge my colleagues nology to Syria, adding to an arms nomic and trade policy can be a mean- to take the long-term view and sustain race that threatens us all. ingful foreign policy tool only when ap- President Bush's veto. Thank you, I I see a China that makes concessions plied multilaterally, in concert with yield the floor. on the eve of United States congres- the world's other trading partners. Mr. SANFORD. Mr. President, I rise sional debates, but then closes its ears United Nations economic and trade today to urge my colleagues to over- to its own people. sanctions against Iraq have had mean- ride the President's veto of a vital I see a China that is so insulated ing only because the world acted in piece of legislation, H.R. 2212, a bill from reality that its Premier, Li Peng, unison. that would limit most-favored-nation calls the issue of human rights an in- I ask my colleagues again, will Japan status for China. It is not complicated. fringement on his nation's sovereignty. follow our lead in restricting trade We simply insist on a decent level of Finally, Mr. President, I see a China with China? Will France or Germany? human rights, we insist that China quit that has been allowed to act with im- Will Australia or Brazil? No, Mr. Presi- cheating on weapons proliferation, and punity for so long, it has forgotten dent, of course not. Their farmers and we insist that China get honest in their what it means to be a responsible mem- businesses will simply stop in and take trade practices. When the President ve- ber of the world community. the business that we unilaterally sac- toed this bill on March 2, he said that Mr. President, we are not asking rifice. his policy of offering MFN status un- much with this legislation. This legis- Fourth, it remains my view that it is conditionally "invites China's leader- lation would not sever our relationship fundamentally inappropriate for the ship to act responsibly." Well, Mr. with China. It would not put an imme- United States, acting alone, to start President, I want to send an invitation diate end to MFN treatment. But it and stop trade with other countries be- they can't refuse. The President's pol- would put an end to the legacy of com- cause of disputes over human rights icy of currying favor with the Chinese plicity and tolerance that has marked matters. If we applied these same Government has produced no change in our relationship with China. Such ac- standards to any number of our other China's abominable human rights tion is long overdue. trading partners, we would be unilater- record, no change in China's continu- I hope the Senate will have the cour- ally restricting trade all over the Third ing disrespect for attempts to halt the age to override this Presidential veto. World. proliferation of weapons to unstable Mr. DURENBERGER. Mr. President, Last summer, I quoted at length Middle East countries, and absolutely I rise to oppose today's effort to over- from the publications of respected no change in China's pattern of chronic ride the President's veto of H.R. 2212, international human rights organiza- unfair and illegal trade practices. The the conference report conditioning tions regarding the records of various clear message is that the Chinese Gov- most-favored-nation [MFN] trade sta- trading partners. No one is calling for ernment doesn't need to close up in tus for China. revoking normal trade relations with order to get what it wants from the Several times in recent months, the Indonesia or Kenya, Mexico or Brazil, President of the United States. Senate has debated and voted on this Turkey, South Korea, or India. Acting Chinese violations of human iights issue. This has been an important de- alone, the United States cannot, re- are well documented. Religious perse- bate that has helped illuminate the grettably, change the behavior of the cution, imprisonment without trial, many interrelated issues on the MFN rest of the world. The forum for ad- torture, and execution are frighten- matter. dressing these issues is not through ingly commonplace. The violence in Mr. President, on several occasions trade, but through vigorous diplomatic Tiananmen Square and the ensuing in recent months, I have spoken in this efforts. treatment of students and other citi- chamber against measures to restrict Mr. President, I wish to emphasize zens are prime examples of what still MFN for China. I will not waste the that neither President Bush nor this goes on in China. And yet the Chinese Senate's time by restating those posi- Senator believes that extending feel that these activities are internal tions in full. unconditioned MFN can be interpreted Chinese affairs. Sure they are. So is it I would, however, just summarize my as condoning China's human rights our internal business as to who trades perspective very briefly. First, I re- practices, its irresponsible weapons here. The point is that the promotion main convinced that it is in our Na- proliferations policies, or its various of human rights is a special concern, a tion's best economic and geopolitical troublesome trade practices. But special obligation. The United States interests to maintain normal trading strictly conditioning and ultimately of America is the great shining torch relations with China. Several times, I revoking MFN on a unilateral basis to which the oppressed people of the have urged my colleagues to consider simply will not have the desired impact world look for hope and freedom. not only the likelihood that condi- in China. China not only threatens her own tioning MFN would fail to achieve the Mr. President, I renew my call to citizens, but by blatantly engaging in desired objectives in China, but that it President Bush and Secretary Baker to nuclear proliferation, China is threat- would profoundly damage United keep the pressure on China to improve ening all citizens of the world. China States economic and political inter- their various policies and practices has sold lythium hydride to Iraq that ests. that we and other responsible members could have been used against our Second, it is difficult for this Senator of the international community rightly troops in the gulf in the form of missile to envision what benefits our country find so objectionable. Clearly, more fuel or even nerve gas. And they con- derives from returning to a policy in needs to be done to persuade China to tinue to sell deadly M-9 and M-ll mis- which we actively seek to isolate respect internationally accepted norms siles to Syria and Pakistan. China is China. of behavior in areas such as human still refusing to act as a responsible Third, I remain persuaded that uni- rights and weapons proliferation. member of the world community, yet laterally using trade as a foreign policy But MFN is the wrong tool for the President Bush chooses to reward them weapon only hurts the American ex- job. It is a blunt instrument that holds with most-favored-nation status. porter and consumer. Other countries little promise for achieving otherwise To make all this more pointed, our will always step in to fill the void left laudable objectives. Effectively revok- Nation is experiencing economic chaos by our unilateral withdrawal from a ing MFN will only kick the legs out fueled by mounting trade deficits and market. This is precisely what hap- from under the negotiating table at increased competition from the sub- pened with the failed United States which we address our very real and se- sidized markets of the east. China is 5950 C:ONGRESSIONAL RECORD-SENA' 'E March 18, 1992 the second largest deficit trading part- clearly failed. It is time to pursue a Those practices include restriction of ner of the United States, behind only policy consistent with our values and foreign firms' access to China's domes- Japan. The American people are buying our interests: respect for human rights, tic markets, lack of adequate protec- more Chinese goods and selling fewer nonproliferation, free and fair trade. tion for patents, copyrights, and trade- United States goods to China than ever For the past 2 years President Bush marks, as well as severe restrictions on before. Who can blame American men has argued that extending MFN would foreign investment in China. As a re- and women for feeling that the Presi- give Chinese leaders the incentive to sult of China's discriminatory trade dent has let them down? The Chinese improve their human rights practices. practices our bilateral trade deficit continue to send textiles and apparel Yet, today according to the State De- with China is now second only to to the United States under fraudulent partment's 1991 human rights report Japan. In 1991 our trade deficit with visas to be sold at cut rate prices in "China's human rights practices re- China increased by $2 billion to $11.7 crass violation of trade agreements. mained repressive, falling far short of billion. That trade deficit means the When North Carolina textile mills shut internationally accepted norms." the loss of over 250,000 United States jobs. down because Chinese goods, much of it reputable human rights organization The bill before us, H.R. 2212, seeks to made by prison labor, are dumped on Asia Watch reports: redress our trade relations with China. the United States market, the Presi- If anything, the Chinese authorities It encourages China to end its discrimi- showed themselves even less willing in 1991 natory trade practices by protecting dent says it is fair trade. Well it is foul than n 1990 to ease up on the relentless re- trade and a foul deal when our citizens pression they have pursued since the mili- intellectual property rights and provid- arc put out of work by a Chinese labor tary crackdown in Boljing and other cities ing American exporters with fair ac- force that makes, on average, .37 cents on Juno 4,1989. cess to Chinese markets including re- per hour. And this foul deal will clearly It is estimated that thousands of moving nontariff barriers. Mr. Presi- be the work of the President and the prodemocracy activists remain in jail; dent, it is true that China is poten- minority party in the U.S. Congress religious persecution, as well as arbi- tially a large market for the United should this veto be allowed to stand. trary arrests, unfair trials and torture States. But if strong action isn't taken Mr. President, we must stop the un- persist. Moreover, the Government of to end China's discriminatory trade fair trade practices. We have the oppor- China continues to violate the fun- practices and open up China's markets, tunity here to call China to task. To damental rights of the Tibetan people our exports will continue to suffer. We demand that they practice fair trade, and repress citizens who advocate non- simply can no longer afford to be on or lose favored trade status. Is it too violent democratic reforms. the losing end of our trade relations or much to demand that they not cheat? China's human rights abuses are not fall to take action when unfair trade That they respect basic international limited to areas of political and civil practices hurt American workers. trade law? The President says yes, and rights. China also violates human Aside from our concerns about would have us close our eyes to these rights through its use of prison-labor human rights and China's unfair trade violations. But why should they reap for commercial gain. I should point out practices, H.R. 2212 addresses one of the benefits of most-favored-nation that the International Labor Organiza- the most serious threats to our na- trading status with the United States? tion Convention 105 prohibits the use of tional security-the proliferation of I fully support the conditions to forced or compulsory labor "as a means chemical, biological and nuclear weap- most-favored-nation status for China of political coercion or education or as ons. A New York Times article of Feb- as set forth in H.R. 2212. Is is a reason- punishment for holding or expressing ruary 22, questions whether China will able proposition that we have offered political views ideologically opposed to halt its sale of long-range ballistic mis- to China. the established political, social or eco- siles and nuclear-related technologies It is too bad that the President has nomic system." Further, section 307 of to Pakistan, Iran, Libya, Iraq, and decided to cast his vote for allowing the Smoot-Hawley Tariff Act of 1930 Syria. Such sales would be destabiliz- the dangerous world political situation has prohibited the importation of pris- ing to volatile regions and counter to to be aggravated by the uninhibited on-made goods into the United States vital U.S. interests. I am aware that sale of weapons of war, and against for over 60 years. Yet, in a direct viola- China has signed the Nuclear Non-Pro- North Carolina and American working tion of international labor treaties and liferation Treaty and accepted the people. United States law, the Chinese Govern- terms of the Missile Technology Con- Mr. HARKIN. Mr. President, I rise in ment continues its practice of using trol Regime. And, if China intends to support of H.R. 2212, to extend most-fa- forced labor in producing cheap prod- adhere to those agreements, neither vored-nation [MFN]status to the Peo- ucts that are later exported. Last No- China nor the administration should ple's Republic of China with certain vember, when Secretary Baker visited object to the provisions in the bill re- conditions. I encourage my colleagues Beijing, products made by prison labor lating to nonproliferation. However, if to join me in voting to override the in the Shandong Province were on dis- China violates those agreements and President's veto and reject his failed play at a trade fair in San Francisco. the verbal assurances it has given to China policy. Evidence indicates that prison labor is the United States, China should pay a Mr. President, we should be clear involved in the export of sugar, T- heavy price. China would automati- about what this bill does and does not shirts, underwear, wine, tea, leather, cally lose its MFN status and possibly do. The bill does not impose an embar- shoes fertilizers, electric fans, billions of dollars in trade with the go against China and does not end eco- handtools, diesel engines, and other United States. The nonproliferation nomic relations with that country. It products. Last July, during a debate on provisions in H.R. 2212, therefore are does not seek to disengage the United extending MFN status to China, I not punitive but provide the proper in- States from China but rather change pointed out that the April 1991 Busi- centives for China to adhere to its the terms of our engagement. H.R. 2212 ness Week, cited State Department prior commitments. extends MFN status for China on the documents showing official Chinese Mr. President, as I have stated be- condition that China adheres to its statements that China exports $100 fore, I support the normalization of po- prior commitments on weapons pro- million each year in goods produced by litical and economic relations with liferation, ends its discriminatory forced labor. Mr. President, China's use China. The choice, however, is China's. trade practices, and has made progress of prison labor to export cheap goods is To receive most-favored-nation status in human rights. President Bush has not only illegal and morally repugnant China must choose between maintain- had nearly 3 years since the June 1989 but also devastating to American ing policies which are clearly unac- massacre of Tiananmen Square to posi- workers forced to compete against Chi- ceptable or pursue policies which af- tively influence Chinese policies by na's prison-exports. ford its citizens their basic human constructive engagement. The Presi- Other trade practices by China are rights, adhere to its prior commit- dent's policy of forgive and forget has also harmful to the United States. ments on nonproliferation, and end its March 18, 1992 CONGRESSIONAL RECORD-SENATE 5951 discriminatory trade practices. Again, would lead to freer markets and great- record-shows Chinese sales of mis- I support MFN for China, but not at or liberty. This we heard oven in the siles, chemical weapons, and nuclear the expense of sacrificing our concerns wake of China's brutal crackdown on technology to some of the worst re- for human rights, interest in fair trad- students in 1989. gimes in the world. ing practices and the protection of our Well, Mr. President, we have waited I am convinced that this is the single national security. Most-favored-nation long enough. And as we have waited, most important issue in the United status is not a right. And, it is both the Chinese Government has solidified States-China relationship. As bad as reasonable and fair for the United its totalitarian control over the people. China's record is on human rights and States to extend MFN status while Instead of seeing reforms, as the Presi- trade weapons proliferation has a di- safeguarding our principles, economic dent predicted, we have seen a return rect impact on the national security security and our national interests by to repression as usual. The President's interests of the United States. This is encouraging serious political and eco- own State Department has listed an not just China's business, thit is our nomic reform in China. array of human rights violations com- business. Mr. ADAMS. Mr. Presidont, today, I mitted by this regime. In Tibet, we've Therefore, we must focus our pres- will once again support the attachment soon a continuation of persistent and sure and sanctions on the issue of pro- of conditions to the renewal of most-fa- widespread rights abuses, from torture liferation directly, which is exactly vored-nation status for China. A major- in penal institutions to obstructing re- what the Bush administration has ity of the Mombers in both the House ligious worship. done. Through continued pressure and and the Senate have voted repeatedly The Chinese Government has also tough talks, this administration has to use our trading privileges to further demonstrated a flagrant disregard to succeeded in making a significant the broader aims of U.S. foreign policy our nonproliforation goals. Its con- breakthrough. China has publicly made and to promote the national interest. struction of a nuclear reactor in Alge- two pathbreaking commitments: First, Curbing weapons proliferation is in ria, and its arms contract with Syria to sign the Nuclear Nonproliferation the U.S. national interest. China con- are but two examples of a long-estab- Treaty by next month; and second, to tinues to be a major supplier of mis- lished practice of selling arms adhere to the terms of the Missile siles and missile technology to the indiscriminantly, regardless of the dan- Technology Control Regime. Middle East and to South Asia-two of gerous escalation of violence. Mr. President, these achievements the most unstable regions of the world. And let us not forgot their own trade are not simple political rhetoric. The Its promises to the Bush administra- policy. I do not believe we should be of- administration has achieved results tion have to date proven empty. fering the continued status of most fa- and now the Senate should act to put Promoting human rights is in the vored nation to a country which the those results in concrete by sustaining U.S. national interest. The protection U.S. Trade Representative has con- this veto. If the Senate fails to do so, of individual rights is not only central firmed has engaged in unfair trade China will have no reason to restrain to the values that our country holds practices. China's continued imposi- its proliferation behavior. dear, it is one of the strongest ele- tion of tariff and nontariff barriers has I know that many in this Chamber ments of our foreign policy. Moreover, not gone unnoticed. will be suspicious of Chinese promises countries that protect the rights of Mr. President, this veto must not to abide by its commitments. I too their own citizens are better inter- stand; the United States can no longer have a healthy amount of skepticism- national citizens as well. And that is in remain silent while China represses its but we cannot test China's intentions everyone's best interest. citizens, practices unfair trade prac- by rejecting MFN. As vice chairman of Last, eliminating unfair trade prac- tices, and heightens the risk of vio- the Intelligence Committee, I pledge to tices is in the U.S. national interest. lence through its arms sales. the Unit- monitor China's behavior on these is- Improving Chinese protection of intel- ed States has the ability to send a mes- sues. If I learn of violations, I will be lectual property and increasing market sage to the Chinese Government. A the first to come to the floor to de- access are vital for United States busi- message that the Chinese people are mand a reconsideration of our policy. nesses trying to get a foothold in unable to send for themselves. Let us TRADE ANDHUMAN RIGHTS China. send it for them. Mr. President, there is a host of Mr. President, I believe that MFN is Mr. MURKOWSKI. Mr. President, yet other good reasons to remain .engaged the one policy tool that the Chinese again we as legislators are debating with China. I have gone over these truly understand. The conditions we whether to deal with China through points time and time again, as have would attach are attainable, and both contact or isolation. This is not a de- many of my colleagues. I will not go China and the United States would bate on whether China has a bad record into detail at this time. benefit from a bilateral relationship on human rights, trade barriers, or pro- But we must keep in mind what re- based on the principles espoused in the liferation questions. They do. No one in moval of MFN-an undeniable result of United States-China Act. MFN status this body argues that point. What we this bill-will do to our other interests. is a privilege and both the United need to decide is how best to force It will hurt American business inter- States and China should treat it as changes in China. ests. It will remove our ability to nego- such. We simply cannot maintain the Mr. President, isolation will not tiate on trade problems on copyrights, status quo-regardless of Chinese be- change the policies of China. The only intellectual property rights, and unfair havior-on the grounds that this con- way to force reform in Beijing is to market practices. Loss of this power structive engagement may pay off in keep up the pressure through tough ne- will mean we cannot protect ourselves, the future. I urge my colleagues to gotiations, increasing trade ties and nor will we be able to change China's override the President's veto and to targeted sanctions. We must vote practices. support the conditions before us. today to continue these pressures and The loss of MFN will hurt the re- Mr. BRADLEY. Mr. President, today sustain the President's veto. Condi- formers in China, the very people we I rise to vote to override the Presi- tional MFN would be nothing more want to encourage. There are strong dent's veto of H.R. 2212, the conference than isolation of China. indications doming from Beijing that report on the United States-China Act WIEAPONS PROLIFERATION the policy of reform is making a strong of 1991. I am as concerned as the rest of the comeback. What a loss it would be if President Bush's veto is yet another country over China's human rights we pushed this reform back a step. example of his seriously flawed China record and their unfair trade practices. Mr. President, we will also do untold policy. The President has told us to But for me, the most important aspect damage to our friends in Hong Kong, wait, that continued trade with China of our vote today has to do with pro- and in Taiwan as well. There are no as a most favored nation would have a liferation of weapons of mass destruc- places more directly affected by Chi- positive impact, that our relations tion. There is no excusing China's na's hardline leaders than Hong Kong, 5952 CONGRESSIONAL RECORD--SENATE March 18, 1992 Taiwan, and oven SouthSmith Korea. ButWallop WIrth sued in November 1991, to the Senate these nations are not isolatingSpecter China,Wellstone VolTonrl Committee on Foreign Relations, enti- they are getting more involved every NAYS-38 tled "Kurdistan in the Time of Saddam day. They know the trueIhucus value of theDurenberger Murkowskl Hussoin." When this report was issued, power of the marketplaceBond to bringOarn Nlcklon 600,000 Kurds had fled to the Turkish Ilrown Oramm Iackwood border with Iraq and were facing mass about democratic reform.Iulrilck We mustOrassloy Both learn from their examples.nurns Ilatch Itudman death from exposure, epidemic disease, CONCLUSION Chafco Ilatfoldl Soymour and hunger. After a belated start, but Coats Jeffonls sholby to its credit, the Bush administration Mr. President, the removalCochran of MFNJohnston Simpson status for China most importantlyCohen re-Kassebaum Stevens ultimately acted. Operation Provide Craig Kasten Synmlnl Comfort prevented a major calamity duces our ability to influenceDantorth change inI.ugar 'hurmond China. This would be a tragic mistake from becoming a catastrophe. Iole McCaln Warner Thanks to that effort, the Kurdish on our part. We must stickI)omcnicl with ourMlcConnoll convictions that we can influence people escaped the worst, but they con- NOT'VOTING-2 tinue to face a deadly threat. change in repressive nations, as weDixon have done so successfully around the Conrad For months, Saddam Hussein has im- world in the last few years.The We PRESIDING must OFFICER. On tills posed a land blockade on the Kurdish reject this policy of isolationvote, theand yeassus- are 60, the nays are 38. regions, literally starving to submis- tain the President's veto.Two-thirds of the Senators voting, a sion or death his own people-simply Mr. CHAFEE. Mr. President,quorum I knowbeing present, not having because he is afraid that if their voices of no further speakers onvoted our sidein the who affirmative, the bill on re- are not silenced, they will overpower wish to speak on this vetoconsideration situation. fails to pass over the his. Food, fuel, and medicine are in And, thus, I am prepared President'sto yield back veto. critically short supply. The United Na- all the time on this side ifThe the PRESIDING distin- OFFICER. The ma- tions, which has taken over respon- guished chairman of thejority committee leader is recognized. sibility for humanitarian relief, is would like to do so. not-according to my information-re- Mr. BENTSEN. Mr. President, I know sponding at a level commensurate to of no further speakers on thisORDER side. I OF PROCEDURE the need. Mr. MITCHELL. Mr. President, there Meanwhile, Iraqi military forces are am prepared to yield back the remain- reportedly beginning to press in upon der of our time, and I dowill so. be I nounder- further rollcall votes today. stand that the rollcall is automatic. the Kurdlsh regions. It is clear that The PRESIDING OFFICER. The Sen- Saddam Hussein is going to use every MORNING BUSINESS means at his disposal to destroy the ator is correct. Kurds. The question is: Can he got The Chair understands Mr.that MITCHELL. both Mr. President, I ask away witSi Ii? floor managers have yieldedunanimous back allconsent that there be a pe- Our country cannot turn its back on time reserved on the vetoriod override. for morning business, with Son- this cruel, inhuman, unthinkable re- The question is, Shall atorsthe bill be permittedpass, to speak therein. pression. We alone can make a dif- the objections of the PresidentThe PRESIDING of the OFFICER. Without ferenco to millions of human beings- United States to the contraryobjection, notwith- it is so ordered. to men, women, and children, to par- standing? The yeas and naysMr. GOREare re- addressed the Chair. ents and grandparents and the now quired. The clerk will call theThe roll. PRESIDING OFFICER (Mr. generations they are struggling to pro- The assistant legislativeWELLS'rONs). clerk called The Senator from Ten- tect and nurture. the roll. nessee is recognized. We could bring food, fuel, and medi- Mr. FORD. I announce that the Sen- cine to the Kurdish people-even as we ator from Illinois [Mr. DIXON] is nec- and others must now undertake to help essarily absent. FOURTH ANNIVERSARY OF THE Turkey deal with the effects of the ro- I also announce that the GASSINGSenator OF THE KURDS cent earthquake. We have the ability from North Dakota [Mr.CONRAD] Mr. GORE. is ab- Mr. President, Monday, to make Saddam Hussein pay for any sent because of a death inMarch the family. 16, was the fourth anniversary military infraction of the cease-fire. I further announce that,of the if presentgassing of the Kurdish city of And, in my opinion, we have the ability and voting, the Senator Halabja,from Illinois at the order of Saddam Hus- ultimately to dispose of him and his [Mr.DIXON] would vote "aye."sein. More than 5,000 men, women, and entire wretched system of government. The PRESIDING OFFICER.children Are theredied in that attack. Today, But President Bush has created an any other Senators in Saddamthe Chamber Hussein-having survived even obstacle to action by creating an ob- who desire to vote? his military defeat at our hands-re- stacle in our thinking; namely, the The yeas and nays resulted-60mains in yeas,power. He continues a geno- sense that Saddam Hussoin is somehow 38 nays, as follows: cidal war against any group that would essential to the stability of his region [Rollcall Vote No. 52stand Leg.] against him: against the Shiites and that we must take care to deal YEAS-60 holding out desperately in the southern with him only within carefully weight- Adams Olenn marshesMetzenbaumn of Iraq, and especially, against ed limits. We must get over it and be- Akaka Core theMlkulskl entire population of the Kurdish re- yond it. Saddam Hussein and those who Ilenten oorton gionMitchell in the north. serve him are war criminals. The peo- Blden Graham Moynihan Dingaman Harkin ThereNunn are no words to adequately or ple in the region will not begin to know noren lefin fullyI'ell explain the nightmare of Saddam safety until Saddam and his cohorts uradloy Helms Hussein'sPressler continuing Breaux reign of terror, have met the fate of all tyrants, as one Holllngs 'ryor ryan the suffering of innocent men, women, day they assuredly will. Inouye Reld Iumpers Kennedy and children who have been methodi- Long ago, we should have started to Byrd Kerrey callyIlceglo tortured-literally and figu- prepare for that day of reckoning. In- Cranston Kerry Itobb D)'Amato Kohl ratively-byRockefoller a government that has stead, based on the misguided notion Daschlo laulcnberg themSanford frightened, paralyzed, and smoth- that we needed Saddam Hussein's re- DeConcinl Leahy eredSarbanes by despair. gime, the administration literally gave Dodd Levin Sasser him the means to save himself, Ileberman ForSimon a description of these events, I and to Ford especially commend to you and to all beat down those who rose up against Fowler Mack Members of this body, a staff report is- him. It took a long time--too long-for March 18, 1992 CONGRESSIONAL RECORD-SENATE 5953 the administration to accept that this ing Saddam Hussoin's accomplice by President Bush asked OSHA to conduct man is a permanent monaco, and to helping him escape exposure and con- a top-to-bottom review of every health begin to cast about for ways to bring tdemnation? Surely, not, That cannot and safety regulation issued in the past him down. be the explanation, and it is not. Sure- 20 years. Too many workers remain at Bettor late than never, maybe, but ly, the administration will act eventu- risk and too many workplace hazards more than the administration's timing ally to make sure that the one imper- still exist for OSHA to divert its scarce Is off--the policy is still lagging and ishable memory of Saddam Hussein resources to this kind of blanket re- haphazard. Once the administration fi- will be the precisely documented and view of the few regulations it has man- nally came to appreciate the need to cataloged record of his crimes against aged to issue. depose Saddam Hussein, you would humanity. Most of us also find it very curious think that it would grasp any and all Tomorrow, Mr. President, the Sen- that the Bush administration is sud- tools for that purpose. One of those ate Foreign Relations Committee will denly committing resources to review- tools, it seems to me, is to convene a be holding a hearing on the subject of ing itself-because most of the regula- formal war crimes tribunal to docu- mass murder in Iraq. In doing this, tions to be reviewed wore issued under ment crimes against humanity, com- they perform a sacred duty to the dead the Reagan and Bush administrations. mitted by Saddam Hussein and his as- whoso blood, as the Bible says, cries They have already undergone earlier sociates. But no tribunal was convened. out from the earth on which it was exhaustive reviews by the Office of Why? spilled. But there are the living to re- Management and Budget. This should have been done imme- member as well as the dead. Hopefully, Now, the absurdity of even that re- diately after the liberation of Kuwait. during this week of remembrance, our view has been outdone. Last week, the That it was not done is extremely curi- Government will reaffirm its support Office of Management and Budget ous. But perhaps more curious still is for the living: by stating bluntly that blocked OSHA from going forward with the administration's slowness to act on we will not stand idle while the Kurds a pending new standard to limit the another major opportunity to docu- perish by degrees, as Saddam Hussein threat of toxic chemicals to workers in ment without question the criminal tightens the noose. Instead, let us pro- the construction, maritime, and agri- nature of the Baathist regime. The pos- vision the Kurds, let us warn Saddam culture industries. The regulations sibilliy exists to remove from the Hussein against violating their sanc- would protect 6 million workers in Kurdish region all the necessary and tuary, and let us take every necessary those industries from exposure to dan- terrifying documentation to keep a tri- step to expose to world opinion what gerous chemicals that cause cancer and bunal fully occupied investigating and has been done to them by the powers other serious diseases. prosecuting crimes against the Kurds that be in Iraq. OMB makes the preposterous claim alone. In the aftermath of the gulf war, that these health regulations will actu- These are the records kept by the President Bush decided not to react in ally jeopardize workers' health. The Iraqi police themselves, of torture and the face of the uprising he had encour- agency is relying on a far-out, off-the- death visited upon thousands of men, aged and, as a result, thousands of lives wall, right-wing theory of cost-benefit women, and oven little children. In were unnecessarily lost. A brilliant war analysis-a theory that if employers some cases there are video-tapes of strategy was dimmed by the disarray spend less money on health and safety, these atrocities-videotapes too brutal of lackluster post-war confusion. We they will pay higher wages to employ- even for American television. Re- have an urgent opportunity before us. ees or charge lower prices for their cently, there has been some press and We cannot allow mistakes of policy or goods. As a result, OMB claims, work- television coverage of these matters, a loss of courage. We cannot ignore the ers will be able to eat more nutritious but it is only the tip of the iceberg. voice of conscience for the sake of ex- food, spend more quality time on lei- Starting in late November, I have ap- pediency. sure activities, purchase fancier health pealed privately on more than one oc- Mr. President, I yield the floor. club memberships, and afford higher casion for the administration to act to The PRESIDING OFFICER. The Sen- quality health care. secure these documents and tapes. I ator from Massachusetts is recognized. This is what OMB is saying to work- have even provided the administration ers in agriculture and in the construc- with the promised support of one of our tion and maritime industries-keep on greatest universities to help speedily OMB INTERFERENCE IN OSHA'S breathing those toxic paint and fer- organize and release this information. EFFORTS TO PROTECT WORKER tilizer fumes. Do not got up tight about But the administration delays, and HEALTH AND SAFETY the sandblasting. Do not give a second with each day, the risk increases that Mr. KENNEDY. Mr. President, for thought to the toxic chemicals you are some portion of this information will too long, American workers have been handling. Do not worry about the lung be lost. exposed to an unacceptable range of cancer, the silicosis, the kidney dam- I understand that there are impedi- dangerous conditions in the workplace. age, the anemia, the high blood pres- ments of one sort or another. But even When Congress passed the Occupa- sure, the neurological disease you may making allowances for that-generous tional Safety and Health Act of 1970, be getting on the job. Do not worry if allowance-it baffles me and dis- our goal was to end these intolerable you wake up coughing in the night and appoints me deeply that so much time conditions and guarantee every worker short of breath. You will have higher has been lost, and still the administra- the basic right to safe and healthy con- wages to help you pay your medical tion plods along on a spiral bureau- ditions on the job. bill. Consumers will be paying lower cratic track. Where is the passion for The Nation made remarkable biparti- prices for commercial products-so at justice that one should find here? san progress toward this goal in the least those consumers will be able to Does our Government find it accept- 1970's. But not in the 1980's. For the afford healthier lives. able that this record should be lost, past 12 years, the Reagan and Bush ad- This is deregulation ideology run and that these voices of the dead be si- ministrations have systematically un- amok. It is Alice in Wonderland eco- lonced forever? We have it without our dermined the intent of the statute, ob- nomics. OMB is saying that healthy capacity to document these atrocities structed its goals, and interfered with working conditions are bad for work- and to make this information avail- the ability of the Occupational Safety ers' health. able. Does this administration really and Health Administration to fulfill its OMB should stop kowtowing to busi- endorse a policy of inaction that responsibility. ness, and OSHA and the Labor Depart- threatens to erase a brutal record that But the obstructionist tactics of the ment should get on with their statu- must be remembered and prosecuted administration have sunk to new tory responsibility of protecting work- rather than being whispered away and depths this year. In January, as part of ers' health. It is inexcusable that these forgotten? Does it wish to risk becom- his so-called regulatory moratorium, toxic chemical regulations are being 5954 CONGRESSIONAL RECORI-SENATE March 18,1992 delayed even 1 minute, lot alone sev- commend our returning colleagues, the So I admire both of our fine col- eral years, because of irrational argu- intrepid warriors, Senators BoB leagues for their striving and vigor. ments like this. KEIREY and TOM HARKIN, for their per- Senator KEBIUEY and Senator HARKIN For too long, the Bush administra- sonal courage in taking on with enthu- had their message to deliver. They ran tion has refused to address America's siasm and conviction one of the most their campaigns and contributed great- worsening health crisis. Now they are awesome enterprises ever created by ly to the electoral process, just as have compounding the neglect by attempt- the mind of man. I say "mind of man" other colleagues on this floor, such as ing to take the problems of most Amer- because if it was created by a Higher Senators DOLE, BENSTEN, THURMOND, icans in obtaining decent health care, Power, I am certain it would have boon BIDEN, CRANSTON, GLENN, GORE, HOL- and turn those problems upside down a more rational activity. I am, of LINOS, KENNEDY, SIMON and PRE,SSLER, to justify further neglect of workers' course, speaking about the campaign have done in the past. health and obtain higher profits for for the Presidency of the United And, I would hunch, I probably left business. States. some out. So now we welcome them As I understand it, even the Labor All of us here who have sought politi- back to the bosom of the Senate. As I Department is gagging over this fla- cal office, whether in Congress or in have often said, done properly and well, grant intervention by OMB. Perhaps State legislatures or city councils, or legislating is still one of the driest President Bush does not really know at any level-county commissioner, forms of human endeavor. We welcome what OMB is doing in his name. This whatever-have the greatest variety of them back to that type of routine. President, any President, should reject differences in character and philosophy It is going to be a very partisan year. such an absurd and illogical applica- as any set of human beings could pos- In fact, it already assuredly is. We see tion of cost-benefit analysis, and put a sibly have. that each and every day. The bills we stop to this shameful and transparent However, most of my adult life, I have just beon discussing are no excep- attempt to protect business profits at have spent legislating. I do believe tion. The folks on our side of the aisle the expense of workers' health. there is one common personality factor are going to continually stop up on this One phone call would do it, Mr. Presi- in legislators. We may servo poorly; we floor to defend the President and advo- dent. What we need is a moratorium on may serve well. We may be political cate his proposals vigorously. The folks OMB, not a moratorium on needed success stories or abject failures. We across the aisle are vigorously going to health and safety standards in the may be the winners of elections or the criticize the President, ant whenever workplace. losers. they nominate their person, they will Congress never intended any such re- But it has been my personal experi- be coming to the floor to glorify their sult in the OSHA statute. In fact, in in- ence that the vast majority of people nominee's proposals. All of this activ- terpreting that law, the Supreme Court that truly strive, and then make the ity is "the mother's milk of politics," has flatly ruled that OSHA cannot rely choice to run, the very intimate as my old friend Jesse Unruh of Cali- on cost-benefit analysis at all in set- choice-you are putting your name on fornia, used to say, but it serves to ting health standards for the work- the ballot and people are there to ac- complicate the nature of our work. place-let alone take such analysis to cept or reject you by your name; are There is even greater potential for this extreme. OMB is out of its depth truly sincere in their common desire to complication and gridlock when col- and out of its jurisdiction. If the White be of some service to their fellow man. leagues of either party add the ingredi- House wants a practical demonstration The public criticism which those of ent of their own campaigns for roolec- of effective cost-benefit analysis, the us in political office receive is in large tion to this strange recipe which we President should take OMB to the part due to the performance gap be- serve up daily on this floor. tween our own human frailties and this However, all that is now behind our woodshed and strike a blow for worker two friends, and we welcome them back health and safety. still noble calling of public service. Since we all have that basic desire to to the relatively reduced wattage of Even on its own terms, OMB's cost- the lights in this venerable Chamber. I benefit analysis is ridiculous. They serve, it is then quite logical that folks who are either blessed or afflicted- have had, and will continue to have, completely ignore the real costs of fail- political disagreements with both Sen- ing to protect the health of workers. however you might want to look at it,- ator HARKIN They ignore the significant costs that with that particular character trait and Senator KEltY; and might seek the opportunity to do the boy, have we had some. But lot me say occupational illness imposes on the they both served with vigor and on- health care system, the Social Security highest and best good for the greatest amount of people. And the office of the orgy, and they are effective legislators and disability system, and the worker's have demonstrated that very sin- compensation system. They ignore the President of the United States is about and costs of lost productivity. They ignore the best you can do on that score. gular characteristic of a sincere and the enormous human costs of worker Getting there, however, often in- honest desire to servo their follow citi- volves the highest level of personal zens. I welcome them back. deaths and illnesses. Mr. President, I yield the floor. In sum, OMB says that healthier sacrifice that is imaginable by any of workplaces undermine workers' health. us. As Senators, we think we are under That position is irrational and unac- the constant light of scrutiny. It is APPOINTMENT BY THE PRESIDENT ceptable, and President Bush should re- nothing in comparison to what Senator PRO TEMPORE ject it forthwith. HARKIN and Senator KERItEY have re- The PRESIDING OFFICER. The Mr. President, I yield the floor. cently endured. It is much more than Chair, on behalf of the President pro Mr. DOMENICI addressed the Chair. living in a fish bowl-in the present tempore, pursuant to Public Law 93-29, The PRESIDING OFFICER. The Sen- tense. Every bit of your past is dredged as amended by Public Law 98-459, ap- ator from New Mexico is recognized. right up there with you, too. points Ms. Cornelia Hadley, of Kansas, Mr. DOMENICI. I thank the Chair. And one must never forget: You also to the Federal Council on the Aging, (The remarks of Mr. DOMENICI per- need to express in the gravest and for a term effective February 26, 1992. taining to the introduction of S. 2370 greatest detail exactly what you will Mr. SIMPSON. Mr. President, I sug- are located in today's RECORD under do in the future-I year, 10 years, 5 gest the absence of a quorum. "Statements on Introduced Bills and years, 4-"Who will serve in your ad- The PRESIDING OFFICER. The Joint Resolutions.") ministration? What is your specific clerk will call the roll. plan for this special interest or that; The legislative clerk proceeded to and boy, there are plenty of them. call the roll. THE INTREPID WARRIORS What will be the tag on your philoso- Mr. PRYOR. Mr. President, I ask Mr. SIMPSON. Mr. President, I would phy and you slogan?" And much crazieor unanimous consent that the order for like to take just a few moments to questions than that. the quorum call be rescinded. March 18, 1992 C:ONGRESSIONAL RECORD--SENA'TE 5955 The PRESIDING OFFICER. Without division, as a member of more than three Nutrition, and Forestry and the Committee objection, it is so ordered. committees listed in paragraph 2. on Finance may, during the One Hundred "(6)(A) A Senator who on the last day of Second Congress, also serves as a member of the One Hundred First Congress was serving the Committee on Governmental Affairs so TECHNICAL CORRECTIONS TO as a member of the Committee on Armed long as his service as a member of each such RULE XXV OF THE STANDING Services and the Committee on the Judici- committee is continuous but In no event RULES OF THE SENATE ary may, during the One Hundred Second may he servo, by reason of this subdivision, Congress, also serve as a member of the Com- as a member of more than three committees Mr. PRYOR. Mr. President, on behalf mittee on Labor and Human Resources so listed in paragraph 2. of Senator MITCHELL and Senator long as his service as a member of each such "(12) A Senator who on the last (lay of the DOLE, I ask unanimous consent that committee Is continuous, but in no event One Hundred First Congress was serving as a the Senate proceed to the immediate may he serve, by reason of this subdivision, member of the Committee on Appropriations consideration of Senate Resolution 272, as a member of more than three committees and the Committee on Banking, Housing, listed In paragraph 2. and Urban Affairs may, during the One Hun- a resolution to make technical changes "(B) A Senator who during the to rule XXV; that the One Hun- dred Second Congress, also serve as a mem- resolution be dred Second Congress serves on the Commit- ber of the Committee on Governmental Af- agreed to; and the motion to reconsider tee on Armed Services, the Committee on fairs so long as his service as a member of be laid upon the table. the Judiciary, and the Committee on Labor each such committee is continuous, but in The PRESIDING OFFICER. Without and Human Resources, who serves as chair- no event may he serve, by reason of this sub- objection, it is so ordered. man of a committee listed in paragraph 2, division, as a member of more than three So the resolution (S. Res. 272) was may, serve as chairman of two subcommit- committees listed In paragraph 2. considered and agreed to as follows: tees of all committees listed in paragraph 2 "(13) A Senator who on the last day of the of which he is a member. S. REs. 272 One Hundred First Congress was serving as a "(7) A Senator who on the last day of the member of the Committee on Armed Serv- Resolved, That paragraph 4(h) of rule XXV One Hundred First Congress was serving as a ices and the Committee on Banking, Hous- Is amended to read as follows: member of the Committee on Commerce, ing, and Urban Affairs may, during the One "(h)(l) A Senator who on the last day of Science, and Transportation and the Com- Hundred Second Congress, also serve as a the One Hundred First Congress was serving mittee on Foreign Relations may, during the member of the Committee on Energy and as a member of the Committee on Environ- One Hundred Second Congress, also serve as Natural Resources so long as his service as a ment and Public Works and the Committee a member of the Committee on Banking, member of each such committee Is continu- on Finance may, during the One Hundred Housing, and Urban Affairs so long as his ous, but In no event may he serve, by reason Second Congress, also serve as a member of service as a member of each such committee of this subdivision, as a member of more the Committee on Agriculture, Nutrition, Is continuous, but In no event may he serve, than three committees listed in paragraph 2. and Forestry so long as his service as a mem- by reason of this subdivision, as a member of "(14) A Senator who on the last day of the ber of each such committee is continuous, more than three committees listed in para- One Hundred First Congress was serving as a but in no event may he serve, by reason of graph 2. member of the Committee on the Judiciary this subdivision, as a member of more than "(8)(A) A Senator who on the last day of and the Committee on Labor and Human Re- three committees listed In paragraph 2. the One Hundred First Congress was serving sources may, during the One Hundred Second "(2) A Senator who on the last day of the as a member of the Committee on Agri- Congress, also serve as a member of the Com- One Hundred First Congress was serving as a culture, Nutrition, and Forestry and the mittee on Foreign Relations so long as his member of the Committee on Armed Serv- Committee on Appropriations may, (luring service as a member of each such committee ices and the Committee on Energy and Natu- the One Hundred Second Congress, also serve is continuous, but In no event may he serve, ral Resources may, during the One Hundred as a member of the Committee on the Judici- by reason of this subdivision, as a member of Second Congress, also serve as a member of ary so long as his service as a member of more than three committees listed in para- the Committee on Labor and Human Re- each such committee is continuous, but In graph 2. sources so long as his service as a member of no event may he serve, by reason of this sub- "(15) A Senator who on the last day of the each such committee is continuous, but In division, as a member of more than three One Hundred First Congress was serving as a no event may he serve, by reason of this sub- committees listed in paragraph 2. member of the Committee on Armed Serv- division, as a member of more than three "(B) A Senator who during the One Hun- ices and the Committee on Energy and Natu- committees listed In paragraph 2. dred Second Congress serves on the Commit- ral Resources may, during the One Hundred "(3) A Senator who on the last day of the tee on Agriculture, Nutrition, and Forestry, Second Congress, also serve as a member of One Hundred First Congress was serving as a the Committee on Appropriations and the the Committee on Banking, Housing, and member of the Committee on Banking, Hous- Committee on the Judiciary, and who serves Urban Affairs so long as his service as a ing, and Urban Affairs and the Committee on as chairman of a committee listed in para- member of each such committee is continu- Foreign Relations may, during the One Hun- graph 2, may, serve as chairman of two sub- ous, but In no event may he serve, by reason dred Second Congress, also serve as a mem- committees of all committees listed in para- of this subdivision, as a member of more ber of the Committee on Labor and Human graph 2of which he Is a member. than three committees listed in paragraph 2. Resources so long as his service as a member "(9) A Senator who on the last day of the "(16) A Senator who on the last day of the of each such committee is continuous, but in One Hundred First Congress was serving as a One Hundred First Congress was serving as a no event may he serve, by reason of this sub- member of the Committee on Environment member of the Special Committee on Aging, division, as a member of more than three and Public Works and the Committee on the may, during the One Hundred Second Con- committees listed in paragraph 2. Judiciary may, during the One Hundred Sec- gress, also serve as a member of the Commit- "(4) A Senator who on the last day of the ond Congress, also serve as a member of the tee on Intelligence so long as his service as One Hundred First Congress was serving as a Committee on Labor and Human Resources a member of each such committee is contin- member of the Committee on Agriculture, so long as his service as a member of each uous, but in no event may he serve by reason Nutrition, and Forestry and the Committee such committee is continuous, but in no of this subdivision, as a member of more on Appropriations may, during the One Hun- event may he serve, by reason of this sub- than two committees listed In paragraphs 3 dred Second Congress, also serve as a mem- division, as a member of more than three (a)and (b). ber of the Committee on Energy and Natural committees listed in paragraph 2. "(17) A Senator who on the last day of the Resources so long as his service as a member "(10) A Senator who on the last day of the One Hundred First Congress was serving as a of each such committee is continuous, but In One Hundred First Congress was serving on member of the Committee on Veterans' Af- no event may he serve, by reason of this sub- the Committee on Environment and Public fairs, may, during the One Hundred Second division, as a member of more than three Works and the Committee on the Finance Congress, also serve as a member of the Com- committees listed in paragraph 2. may, during the One Hundred Second Con- mittee on Intelligence so long as his service "(5) A Senator who on the last day of the gress, also serve as a member of the Commit- as a member of each such committee is con- One Hundred First Congress was serving as a tee on Foreign Relations so long as his serv- tinuous, but in no event may he serve by rea- member of the Committee on Agriculture, ice as a member of each such committee is son of this subdivision, as a member of more Nutrition, and Forestry and the Committee continuous, but in no event may he serve, by than two committees listed in paragraph 3 on Appropriations may, (luring the One Hun- reason of this subdivision, as a member of (a)and (b). dred Second Congress, also serve as a mem- more than three committees listed In para- "(18) A Senator who on the last day of the ber of the Committee on Labor and Human graph 2. One Hundred First Congress was serving as a Resources so long as his service as a member "(11) A Senator who on the last day of the member of the Committee on Rules and Ad- of each such committee is continuous, but in One Hundred First Congress was serving as a ministration, may, during the One Hundred no event may he serve, by reason of this sub- member of the Committee on Agriculture, Second Congress, also serve as a member of

",i-' .-i' ()--!NK\'l. I:I(P'l. 5i):| 5956 CONGRESSIONAL RECORD-SENATE March 18, 1992 the Committee on Veterans Affairs and the "(26) A Senator who on the last day of the member of the Committee on the Judiciary Committee on Intelligence so long as his One Hundred First Congress was serving as a and the Committee on Labor and Human Re- service as a member of each such committee member of the Committee on Rules and Ad- sources may, during the One Hundred Second is continuous, but in no event may he serve ministration, may, during the One Hundred Congress, serve as a member of the Commit- by reason of this subdivision, as a member of Second Congress, also serve as a member of tee on Foreign Relations so long as his serv- more than three committees listed in para- the Joint Committee on Taxation so long as ice as a member of each such committee is graphs 3(a) and (b). his service as a member of each such com- continuous, but in no event may he serve, by "(19) A Senator who on the last day of the mittee is continuous, but in no event may he reason of this subdivision, as a member of One Hundred First Congress was serving as a serve, by reason of this subdivision, as a more than three committees listed in para- member of the Committee on Rules and Ad- member of more than two committees listed graph 2. ministration, may, during the One Hundred in paragraph 3. "(34) A Senator who on the last day of the Second Congress, also serve as a member of "(27) A Senator who on the last (lay of the One Hundred First Congress was serving as a the Joint Economic Committee so long as One Hundred First Congress was serving as a member of the Committee on Environment his service as a member of each such comn- member of the Committee on the Budget, and Public Works and the Committee on Fi- mittee is continuous, but In no event may he may, during the One Hundred Second Con- nance may, during the One Hundred Second serve by reason of this subdivision, as a gross, also serve as a member of the Special Congress, also serve as a member of the Com- member of more than two committees listed Committee on Aging so long as his service as mittee on Labor and Human Resources so in paragraphs 3 (a)and (b). a member of each such committee is contin- long as his service as a member of each such "(20) A Senator who on the last day of the uous, but in no event may he serve, by rea- committee Is continuous, but in no event One Hundred First Congress was serving as a son of this subdivision, as a member of more may he serve, by reason of this subdivision, member of the Committee on Veterans Af- than two committees listed in paragraphs 3 as a member of more than three committees fairs, may, during the One Hundred Second (a)and (b). listed In paragraph 2. Congress, also serve as a member of the Spe- "(28) A Senator who on the last day of the "(35) A Senator who on the last day of the cial Committee on Aging so long as his serv- One Hundred First Congress was serving as a One Hundred First Congress was serving as a ice as a member of each such committee is member of the Committee on the Judiciary, member of the Committee on Foreign Rela- continuous, but In no event may he serve by and the Committee on Armed Services, may, tions and the Committee on Labor and reason of this subdivision, as a member of during the One Hundred Second Congress, Iuman Resources may, during the One Hun- more than two committees listed in para- servo as a member of the Committee on dred Second Congress, serve as a member of graphs 3(a) and (b). Labor and Human Resources, so long as his the Committee on Banking, Housing, and service as a member of each such committee "(21) A Senator who on the last of the Urban Affairs so long as her service as a clay is continuous, but In no event may One Hundred First Congress was serving as a he serve, member of each such committee is continu- member of the Committee on the Budget, by reason of this subdivision, as a member of ous, but in no event may she serve, by reason may, during the One Hundred Second Con- more than three committees listed in para- of this subdivision, as a member of more graph 2. than three communities listed in paragraph gress, also serve as a member of the Special "(29) A Senator who on the last day of the Committee on Aging so long as his 2. service as One Hundred First Congress was serving as a "(36) A Senator who on a member of each such committee is the last day of the contin- member of the Committee on Finance and One Hundred First Congress was serving as a uous, but in no event may he serve by reason the Committee on the Governmental Affairs member of the Committee on Agriculture, of tllis subdivision, as a member of more may, during the One Hundred Second Con- Nutrition, and Forestry, and the Committee than two committees listed in paragraphs 3 gress, also serve as a member of the Commit- on Appropriations may, during the (a)and (b). One Hun- tee on Banking, Housing, and Urban Affairs dred Second Congress, also serve as a mem- "(22) A Senator who on the last day of the so long as his service as a member of each ber of the Committee on Labor and Human One Hundred First Congress was serving as a such committee is continuous, but In no Resources so long as his service as a member member of the Committee on Small Busi- event may he serve, by reason of this sub- of each such committee is continuous, ness, but in may, during the One Hundred Second division, as a member of more than three no event may he serve, by reason of this sub- Congress, also serve as a member of the Com- committees listed in paragraph 2. division, as a member of more than three mittee on Intelligence so long as his service "(30) A Senator who on the last day of the committees listed in paragraph 2. as a member of each such committee is con- One Hundred First Congress was serving as a "(37) A Senator who on the last day of the tinuous, but in no event may he serve by rea- member of the Committee on Appropria- One Hundred First Congress was serving as a son of this subdivision, as a member of more tions, and the Committee on Energy and member of the Committee on Finance and than two committees listed in paragraphs 3 Natural Resources, may, during the One the Committee on the Judiciary may, during (a)and (b). Iundred Second Congress, also serve as a the One Hundred Second Congress, also serve "(23) A Senator who on the last clay of the member of the Committee on Banking, Hous- as a member of the Committee on Agri- One Hundred First Congress was serving as a ing, and Urban Affairs so long as his service culture, nutrition, and Forestry so long as member of the Special Committee on Aging, as a member of each such committee is con- his service as a member of each such com- may. during the One Hundred Second Con- tinuous, but in no event may he serve, by mittee is continuous, but in no event may he gress, also serve as a member of the Commit- reason of this subdivision, as a member of serve, by reason of this subdivision, as a tee on Intelligence so long as his service as more than three committees listed in para- member of more than three committees list- a member of each such committee is contin- graph 2. edi in paragraph 2. uous, but In no event may he serve by reason "(31) A Senator who on the last day of the "(38) A Senator who was sworn in on Janu- of this subdivision, as a member of more One Hundred First Congress was serving as a ary 10, 1991, may serve as a member of the than two committees listed in paragraphs 3 member of the Committee on Appropria- Committee on Energy and Natural Resources (a)and (b). tions, and the Committee on Banking, Hous- and the Committee on Agriculture, Nutri- "(24) A Senator who on the last day of the ing, and Urban Affairs may, during the One tion, and Forestry, may, during the One One Hundred First Congress was serving as a lundred Second Congress, serve as a member Hundred Second Congress, serve as a member member of the Committee on the Budget, of the Committee on Energy and Natural Re- of the Committee on Governmental Affairs may, during the One Hundred Second Con- sources so long as his service as a member of so long as his service as a member of each gress, also servo as a member of the Commit- each such committee is continuous, but in such committee is continuous, but in no tee on Intelligence so long as his service as no event may he serve, by reason of this sub- event may he serve, by reason of this sub- a member of each such committee is contin- division, as a member of more than three division, as a member of more than three uous, but in no event may he serve by reason committees listed in paragraph 2. committees listed in paragraph 2. of this subdivision, as a member of more "(32) A Senator who on the last day of the "(39) A Senator who on the last day of the than two committees listed in paragraphs 3 One Hundred First Congress was serving as a One Hundred First Congress was serving as a (a)and (b). member of the Committee on Labor and member of the Committee on Appropriations "(25) A Senator who on the last day of the Human Resources and the Committee on the and the Committee on the Judiciary may, One Hundred First Congress was serving as a Judiciary may, during the One Hundred Sec- during the One Hundred Second Congress, member of the Committee on Rules and Ad- ond Congress, also serve as a member of the also serve as a member of the Committee on ministration, may, during the One Hundred Committee on Finance so long as his service Banking, Housing, and Urban Affairs so long Second Congress, also serve as a member of as a member of each such committee is con- as his service as a member of each such com- the Committee on the Budget so long as his tinuous, but in no event may he serve, by mittee Is continuous, but in no event may he service as a member of each such committee reason of this subdivision, as a member of serve, by reason of this subdivision, as a is continuous, but in no event may he serve more than three committees listed in para- member of more than three committees list- by reason of this subdivision, as a member of graph 2. ed in paragraph 2. more than two committees listed in para- "(33) A Senator who on the last (lay of the "(40) A Senator who on the last day of the graphs 3(a) and (b). One Hundred First Congress was serving as a One Hundred First Congress was serving as a March 18, 1992 CONGRESSIONAL RECORD-SENATE 5957 member of the Committee on the Budget and more than two committees listed in para- S. CON. RES. 80 the Committee on Small Business may, dur- graphs 3 (a)and (b). Whereas the people of the "(48) United States ing the One Hundred Second Congress, con- A Senator may serve as a member of support the development of democratic insti- tinue his service on these two committees so the Special Committee on Aging and the tutions in Zaire that reflect the will of the long as his service as a member of each such Committee on Veterans' Affairs during the people of Zaire and are concerned about on- committee is continuous, but In no event One Hundred Second Congress so long as his going human rights abuses in Zaire as con- may he serve, by reason of this subdivision, service as a member of each such committee firmed by the Lawyers Committee for as a member of more than two committees is continuous, but in no event may he serve, Human Rights; listed in paragraphs 3 (a)and (b). by reason of this subdivision, as a member of Whereas Zairean security forces have re- "(41) A Senator who on the last day of the more than two committees listed in para- pressed peaceful mass demonstrations pro- One Hundred First Congress was serving as a graphs 3 (a)and (b). "(49) A Senator may serve as a member of testing the government's economic policies member of the Committee on the Budget and and urging the implementation of demo- the Special Committee on Aging may, during the Committee on Rules and Administration cratic reforms; and the Select Committee on Intelligence the One Hundred Second Congress, continue Whereas recent press reports and other re- his service on those two committees so long during the One Hundred Second Congress so liable long as his service as a sources indicate that these incidents as his service as a member of each such com- member of each such caused the death several committee is continuous, but in no of people as well as mittee is continuous, but in no event may he event the arrest of numerous people opposed to the serve, by reason of this subdivision, as a may he serve, by reason of this subdivision, as a member more regime; member of more than two committees listed of than two committees these listed Whereas tragic events occurred fol- In paragraphs 3(a) and (b). in paragraphs 3 (a)and (b)." lowing a period of continuous procrasti- "(42) A Senator who on the last day of the nation in convening a sovereign national One Hundred First Congress was serving as a RETAIL COMPETITION conference composed of political, civic, reli- member of the Committee on the Budget and gious, and other organizations; the Committee on Small Business may, dur- Mr. PRYOR. Mr. President, I ask Whereas President Mobutu has indicated, ing the One Hundred Second Congress, con- that the Chair lay before the Senate a clearly, a lack of commitment to a transi- tinue his service on those two committees so message from the House of Representa- tional government to return the country to long as his service as a member of each such tives on S. 429. democracy by dismissing the now Prime committee is continuous, but In no event The PRESIDING OFFICER laid be- Minister Tshisokedi Wa Mulumba; may he serve, by reason of this subdivision, Whereas the leaders of government in as a member of more than two committees fore the Senate the following message from the House of Representatives: Zaire, beginning with President Mobutu, listed in paragraphs 3 (a)and (b). have systematically obstructed each at- "(43) A Senator who on the last day of the Resolved, That tie House insist upon its tempt to facilitate this conference which One Hundred First Congress was serving as a amendments to the bill (S.429) entitled "An could bring about a peaceful transition to- member of the Select Committee on Intel- Act to amend the Sherman Act regarding re- ward democracy; and ligence and the Committee on Veterans' Af- tail competition," and ask a conference with Whereas the catastrophic economic and so- fairs may, during the One Hundred Second the Senate on the disagreeing votes of the cial situation and the rampant corruption of Congress, continue his service on these two two Houses thereon. authority, against which the population of committees so long as his service as a mem- Ordered, That Mr. Brooks, Mr. Edwards of Zaire is revolting, are being aggravated by ber of each such committee Is continuous, California, Mr. Synar, Mr. Fish, and Mr. the political uncertainty deliberately pro- but in no event may he serve, by reason of Campbell of California be the managers of longed by President Mobutu: Now, therefore, this subdivision, as a member of more than the conference on the part of the House. be it two committees listed In paragraphs 3(a) and Mr. PRYOR. Mr. President, I ask Resolved by the Senate (the House of Rep- (b). unanimous consent that the Senate resentativesconcurring), That the Congress- "(44) A Senator who on the last day of the disagree to the amendments of the (1) calls on President Mobutu to step down One Hundred First Congress was serving as a House; agree to the conference re- and permit the transitional government to member of the Committee on Veterans' Af- return the country to democratic rule; fairs and the Special Committee on Aging quested by the House on the disagree- ing votes of the two Houses; and that (2) firmly condemns all violations of may, during the One Hundred Second Con- human rights in Zaire; gress, continue his service on these two com- the Chair be authorized to appoint con- (3) fully supports the aspirations of the mittees so long as his service as a member of ferees on the part of the Senate. Zairean people for democratic change, in each such committee is continuous, but in The PRESIDING OFFICER. Without particular the convocation of a sovereign na- no event may he serve, by reason of tils sub- objection, it is so ordered. tional conference that would be fully rep- division, as a member of more than two com- The Chair appoints Mr. BIDEN, Mr. resentative of all the opposition forces, that mittees listed in paragraphs 3(a) and (b). KENNEDY, Mr. METZENBAUM, Mr. THUR- would be conducted in a democratic manner, "(45) A Senator who on the last day of the MOND, and Mr. HATCH conferees on the and that would have the full right to make One Hundred First Congress was serving as a part of the Senate. its own decisions; member of the Committee on Rules and Ad- (4) supports the sovereign national con- ministration and the Committee on Small ference to form the transitional government Business may, during the One Hundred Sec- DEMOCRATIC CHANGES IN ZAIRE as soon as possible to organize free and ond Congress, continue his service on these democratic elections; two committees so long as his service as a Mr. PRYOR. Mr. President, I ask (5)Invites the international community of member of each such committee is continu- unanimous consent that the Senate nations to express their concern with respect ous, but in no event may he serve, by reason proceed to the immediate consider- to the repression and corruption of the re- of this subdivision, as a member of more ation of Calendar No. 417, Senate Con- gime and to provide support to the Zairean than two committees listed in paragraphs 3 current Resolution 80, a concurrent democratic forces desire for peaceful change; (a)and (b). resolution concerning democratic (6) calls upon the President of the United "(46) A Senator who on the last day of the States to urge the introduction of appro- One Hundred First Congress was serving changes in Zaire; that the committee as a amendments where appropriate be priate International observers to monitor member of the Special Committee on Aging the National Conference; and and the Committee on Small Business may, agreed to; that the concurrent resolu- (7) calls upon the President of the United during the One Hundred Second Congress, tion be agreed to; that the motion to States to express his willingness to offer ap- continue his service on these two commit- reconsider the adoption of these items propriate assistance to help Implement the tees so long as his service as a member of be laid upon the table; that the pre- political transition process. each such committee is continuous, but in amble and the amendments to the pre- no event may he serve, by reason of this sub- amble be agreed to en bloc. division, as a member of more than two com- The PRESIDING OFFICER. Without mittees listed In paragraphs 3 (a)and (b). "(47) A Senator may serve as a member of objection, it is so ordered. MEASURE INDEFINITELY POST- the Special Committee on Aging and the The amendments were agreed to. PONED-SENATE CONCURRENT concurrent resolution (S. Con. Committee on Small Business during the The RESOLUTION 70 One Hundred Second Congress so long as his Res. 80) as amended, was agreed to. service as a member of each such committee The preamble was agreed to. Mr. PRYOR. Mr. President, I ask is continuous, but In no event may he serve, The concurrent resolution, as amend- unanimous consent that calendar No. by reason of this subdivision, as a member of ed, and the preamble, are as follows: 416, Senate Concurrent Resolution 70, a 5958 CONGRESSIONAL RECORD-SENATE March 18, 1992 concurrent resolution to express the PENAL'Y PROVISIONS LOCOMOTIVE CRASHWORTHINESS ANDWORKING sense of Congress with respect to the SEC. 3. (a)ClARIFICATION OF AlPPLICAnll,- CONDITIONS support of the United States for the rry.-Section 209(a) of the Federal Railroad SEO. 6. Section 202 of the Federal Railroad protection of the African elephant, be Safety Act of 1970 (45 U.S.C. 438(a)) is amend- Safety Act of 1970 (45 U.S.C. 431) Is amended indefinitely postponed. ed by striking the parenthetical clause and by adding at the end the following now sub- The PRESIDING OFFICER. Without Inserting in lieu thereof the following: "(In- section: cluding but not limited to a railroad; any "(r)(l) The Secretary shall, within 24 objection, it is so ordered. manager, supervisor, or other employee or months after the date of enactment of this agent of a railroad; any owner, manufac- subsection, submit to Congress a report on turer, lessor, or lessee of railroad equipment, the status of efforts to Improve the safety of RAIL SAFETY IMPROVEMENT track,or facilities; or any independent con- locomotive cabs. Such report shall assess- INITIATIVES ACT tractor providing goods or services to a rail- "(A) the adequacy of Locomotive Crash- Mr. PRYOR. Mr. President, I ask road)". worthiness Requirements Standard 8-580, unanimous consent that the Senate (b) SANCTIONs AoAINST INDIVIDUALS.-(1) adopted by the Association of American now proceed to the immediate consid- Within three months after the date of onact- Railroads in 1989, In Improving the safety of eration of Calendar No. 326, S. 1571, the ment of this Act, the Secretary of Transpor- locomotive cabs; and tation shall establish operational procedures "(B) the extent to which environmental Rail Safety Improvement Initiatives to ensure the effective use of the authority and other working conditions in locomotive Act of 1992. under section 209 of the Federal Railroad cabs affect productivity and the safe oper- The PRESIDING OFFICER. The bill Safety Act of 1970 (45 U.S.C. 438) to assess ation of locomotives. will be stated by title. civil penalties and issue prohibitory orders "(2) In carrying out the assessment re- The legislative clerk read as follows: against Individuals for violations of any rule, quired under paragraph (1)(A), the Secretary A bill (S. 1671) to amend the Federal Rall- regulation, standard, or order prescribed by shall conduct research ant analysis, Includ- road Safety Act of 1970 to Improve railroad the Secretary of Transportation under that ing computer modeling and full-scale crash safety, and for other purposes. Act. testing, as appropriate, to consider the costs The PRESIDING OFFICER. Is there (2) Not later than January 1,1994, the Sec- and safety benefits associated with equipping rotary of Transportation shall submit to the locomotives with- objection to the immediate consider- Committee on Commerce, Science, and "(A) braced collision posts; ation of the bill? Transportation of the Senate and the Com- "(B) rollover protection devices; There being no objection, the Senate mittee on Energy and Commerce of the "(C) deflection plates; proceeded to consider the bill which House of Representatives a report on the ex- "(D) shatterproof windows; had been reported from the Committee tent to which the Secretary has used the au- "(E) readily accessible crash refuges; on Commerce, Science, and Transpor- thority to assess civil penalties and issue "(F) uniform sill heights; tation, with amendments. prohibitory orders as described in paragraph "(0) anti-cllmbers, or other equipment do- (The parts of the bill intended to be (1). signed to prevent overrides resulting from REGIONAL,ENFORCEMENT PILOT PROJECT head-on locomotive collisions; stricken are shown in boldface brack- "(II) equipment to deter post-collision ets and the parts of the bill intended to SEC. 4. (a)ESTABLISHMlENT.-The Secretary entry of flammable liquids into locomotive be inserted are shown in italics.) of Transportation shall establish a pilot cabs; or 8. 1571 project in at least one region of the Federal "(I) any other devices intended to provide Railroad Administration to demonstrate the crash protection for occupants of locomotive Be it enacted by the Senate and House of Rep- benefits that may accrue to the Federal rail- resentatives of the United States of America in cabs. road safety program from having legal coun- "(3) The report required under paragraph Congress assembled, sel available In regional offices of the Fed- SHOl'T T1'r1',L (1) shall Include a statement of the Sec- eral Railroad Administration. retary's plans for related regulatory action SECTION 1. This Act may be cited as the (b) PROGRAM DESION.-The pilot program or, if no regulatory action is planned, an ex- "Rail Safety Improvement Initiatives Act of shall be designed to test whether having a planation of why the Secretary considers 1991". regional attorney who is a Federal employee such action unnecessary.". AUTHORIZATION FORAPP'IOl'IUATIONS within the Department of Transportation perform Initial case review, assess penalties, RAILROAD OCCUPATIONAl SAFETY ANDHEAlI:rl SEC. 2. Section 214 of the Federal Railroad SEc. 7. Section 202 of tile Federal Railroad Safety Act of 1970 (45 U.S.C. 444) is amended settle cases, and provide legal advice to Fed- oral Railroad Administration regional per- Safety Act of 1970 (45 U.S.C. 431), as amended to read as follows: by this Act, Is further amended by adding at "SEC. 214. AUTHORIZATION FOR APPROPRIA. sonnol on enforcement and other Issues is preferable to having all such actions per- the end tile following now subsection: TIONS. "(s)(1) The Secretary shall consult with "(a) There are authorized to formed at the headquarters level. be appro- (o) COMPi' the Secretary of Labor to ensure that the priated to carry out this Act not to rION.-ThII pilot program shall exceed be completed within eighteen months after Secretary of Labor Is currently apprised of $41,024,000 for general safety operations, plus the date of enactment of this Act. the extent to which the Secretary has exer- $10,748,000 for railroad research and develop- cised jurisdiction to prescribe or enforce ment (except magnetic levitation and other (d) RElPOl'r.-Within two years after the date of enactment of this Act, the Secretary rules, regulations, standards, or orders af- high-speed rail research and development), fecting occupational safety or health under for the fiscal year ending September 30, 1992; of Transportation shall submit a report to the Congress describing the results of tlhe thistitle or any other Federal railroad safe- not to exceed $53,116,000 for general safety pilot program. Factors to be considelored In ty law. operations, plus $15,167,000 for railroad re- the report shall Include, but are not limited "(2) The Secretary shall promptly refer to search and development (except magnetic volume, effectiveness of the Secretary of Labor any information or levitation and other high-speed rail research to, the speed, and credible allegation concerning safety or and development), for the fiscal year ending civil penalty actions; the efficiency of the delivery of legal advice on safety issues; the health hazards affecting railroad employees September 30, 1993; and not to exceed financial and other costs of retaining re- involving working conditions as to which the $55,931,000 for general safety operations, plus gional attorneys in each region; and the ef- Secretary has not exercised the jurisdiction 315,759,000 for railroad research and develop- described in paragraph (1). ment (except magnetic levitation and other fects on uniformity of enforcement resulting "(3) Upon enactment of this subsection, from performing In the regions of the high-speed rail research and development), Fed- the Secretary shall publish In the Federal for the fiscal year ending eral Railroad Administration the actions do- September 30, 1994. scribed In subsection (b). Register a request for comments from rail- The Secretary is authorized to request, re- road labor, railroad management, and other ceive, and use payments from non-Federal PItOrECrION 0RAIIIOADOF SAFETY interested persons regarding the matters de- sources for expenses Incurred in training ENFOIIEMEN'T I'ERSONNNI, scribed In paragraph (4) (A), (B), and (C). safety employees of private Industry, State SEC. 5. Section 1114 of title 18, United Such comments shall be submitted to the and local authorities, or other public au- States Code, is amended by inserting "any Secretary within 6 months after the date of thorities, other than State rail safety Inspec- officer or employee of the Federal Railroad enactment of this subsection. tors participating in training pursuant to Administration assigned to perform inves- "(4) Not later than 18 months after the section 206 of this title. tigative, Inspection, or law enforcement date of enactment of this subsection, the "(b) Sums appropriated under this section functions," Immediately after "any em- Secretary shall submit to the Congress a re- for railroad research and development and ployee of the Coast Guard assigned to per- port concerning coordination of Federal ac- automated track inspection are authorized form Investigative, Inspection or law en- tivities with respect to the safety and health to remain available until expended.". forcement functions,". of railroad employees under this title, the March 18, 1992 CONGRESSIONAL RECORD-SENATE 5959 other Federal railroad safety laws, and the mit to the Committee on Commerce, tion precludes the Secretary, through the Occupational Safety and Health Act of 1970 Science, and Transportation of the Senate Attorney General, from bringing an action in (29U.S.C. 651 et eeq.). The Secretary shall in- and the Committee on Energy and Commerce a district court when such action Is per- clude in the report-- of the House of Representatives a report on mitted under this title.". "(A) a description of any material hazards, voice communications and advanced train (b) TECHNICAL AMENDMENTS.-(1) Section or alleged material hazards, not currently control systems. 2341(3)(B) of title 28, United States Code, is addressed by a specific rule, regulation, "(2) With respect to voice communications, amended by inserting "or the Secretary of order or standard, pertaining to working such report shall-- Transportation" immediately after "Sec- conditions with respect to which the Sec- "(A) summarize the present technology In retary of Agriculture". retary has exercised the Jurisdiction de- use and available for ensuring operationally (2) Section 2342 of title 28, United States scribad In paragraph (1); effective voice communications between Code, is amended- "(B) a description of any standards issued trains and between trains and train dispatch- (A) by striking "and" at the end of para- by the Secretary of Labor under the Occupa- ers located at railroad stations; and graph (5); tional Safety and Health Act of 1970 for gen- "(B) evaluate the advantages and disadvan- (B) by striking the period at the end of eral Industry, or for construction, that would tages of requiring that every locomotive paragraph (6) and inserting in lieu thereof "; apply to such working conditions, absent the (and every caboose, where applicable) be and"; and Secretary's exorcise of Jurisdiction; and equipped with a railroad voice communica- (C) by adding at the end the following new "(C) a discussion of the extent to which ap- tions system capable of permitting a person paragraph: plication of standards issued under the Occu- In the locomotive (or caboose) to engage in "(7) all final agency actions described in pational Safety and Health Act of 1970 to clear two-way communications with persons section 202(f) of the Federal Railroad Safety such working conditions would- on following and leading trains and with Act of 1970.". "(I) enhance safety; train dispatchers located at railroad sta- POWERBRAKE SAFETY "(ii) conflict with rules, regulations, orders tions. SEC. 12. Section 202 of the Federal Railroad or standards issued by the Secretary; "(3) With respect to advanced train control Safety Act of 1970 (45U.S.C. 431), as amended "(ill) result in any operational or other systems, the report shall-- by tils Act, is further amended by adding at hazard duo to the nature of the railroad work "(A) describe the status of advanced train the end the following now subsection: environment; and control systems that are being developed, "(u)(1) The Secretary shall conduct a re- "(iv) Impose excessive or unnecessary costs and assess the implications of such systems view of the Department of Transportation's on the railroads and the public.". for effective railroad communications; and rules with respect to railroad power brakes, EVENT RECORDERS "(B) [makesi make recommendations with and within 18 months after the date of enact- regard to the need for minimum Federal SEC. 8. Section 202(m) of the Federal Rail- ment of this subsection, shall revise such standards to ensure that such systems pro- rules based on such safety data as may be road Safety Act of 1970 (45 U.S.C. 431(m)) is vide for positive train separation and are amended to read as follows: presented during that review. "(m) Following a railroad accident report- compatible nationwide.". "(2) In carrying out paragraph (1), the Sec- Transportation Safety NORTHIEASTCORRIDOR SAFETY COMMITTEE retary shall, at a minimum, consider- able to the National two-way end of Board, the Board shall have immediate ac- SEC. 10. (a) MEETINGS.-Section 11(c) of the "(A) whether to require able to perforl the to event recorders, recording media of Rail Safety Improvement Act of 1988 (45 train devices (or devices cess same functions) to enable a train crew to ini- recorders, and all train components re- U.S.C. 431 note) is amended to read as fol- such from the rear of a train; and lated to event recorders, and shall have the lows: tiate braking requirements or first opportunity to read event recorder data "(o) The Northeast Corridor Safety Com- "(B) whether to issue and related materials. The railroad shall mittee shall meet at least once every two standards regarding dynamic braking equip- Involving safety ment. take all steps necessary to preserve such re- years to consider matters within 2 years on tie main line of the Northeast Corridor.". "(3) The Secretary shall, corders and related equipment in accordance the date of enactment of this sub- the Rail Safe- after with rules established by the Board. In no (b) REPORT.-Section ll(d) of section, report to the Congress on the results case shall any person other than personnel of ty Improvement Act of 1988 (45 U.S.C. 431 (1) note) of the review conducted under paragraph the Board attempt to operate such event re- is amended- and any revisions of rules or other actions corder, or attempt to read or extract event (1) by striking "Within one year after the taken in connection therewith.". recorder data, unless and until the Board has date of enactment of this Act" and inserting released the railroad from its obligations in lieu thereof "At the beginning of the first LOCAL RAIL FREIGHT ASSISTANCE PROGRAM under this [paragraph.] subsection. If, within session of the 103d Congress, and biennially SEC. 13. Section 5(q) of the Department of 4 hours after receiving notification by the thereafter,"; and Transportation Act (49 App. U.S.C. 1654(q)) is National Response Center, the Board does (2) by adding at the end the following new amended- not notify a railroad that the Board's em- sentence: "The report shall contain the safe- (1) in the first sentence, by inserting ", ployees are on route to the accident scene ty recommendations of the Northeast Cor- $16,000,000 for fiscal year 1992, 320,000,000 for and that the Board intends to exercise its ridor Safety Committee and the comments fiscal year 1993, and $25,000,000 for fiscal year right to immediate access to the railroad's of the Secretary on those recommenda- 1994" immediately before the period at the event recorder, recording media, and related tions.". end; and equipment, the railroad shall be released (o) TERMINATION DATE.-Section 11 of the (2) in the third sentence, by striking "any from its obligations under this [paragraph.l Rail Safety Improvement Act of 1988 (45 period after September 30,1991" and insert- subsection. Upon such release, the railroad U.S.C. 431 note) is amended by adding at the ing in lieu thereof "any period after Septem- and other agencies investigating the acci- end the following new subsection: ber 30, 1994". dent may operate the event recorder and "(e) The Northeast Corridor Safety Com- The PRESIDING OFFICER. Without read or extract event recorder data. If the mittee shall cease to exist on January 1, objection, the reported committee Board exercises its right to immediate ac- 1999, or on such date as the Secretary deter- are agreed to. to be appropriate. The Secretary shall amendments cess to the railroad's event recorder, record- mines Mr. EXON. Mr. President, I rise in ing media, and related equipment, the Board notify the Congress in writing of any such Rail Safety Im- shall provide access to those items to the determination.". support of S. 1571, the Act of 1992. As railroad and other investigative agencies JUDICIAL REVIEW provement Initiatives within a reasonable period of time. Any rail- chairman of the Surface Transpor- SEC. 11. (a)IN GENERAL.-Section 202(f) of of the Committee road or other person who violates this Ipara- tle Federal Railroad Safety Act of 1970 (45 tation Subcommittee graphl subsection shall be liable for a civil U.S.C. 431(f)) is amended to read as follows: on Commerce, Science, and Transpor- penalty under section 209.". "(f) Any final agency action taken under tation, I am pleased to have my col- VOICECOMMUNICATIONS ANDADVANCED TRAIN this title or under any of the other Federal leagues, Senators HOLLINGS, KASTEN, CONTROL SYSTEMS railroad safety laws, as defined in section BURNS, ROCKEFELLER, HARKIN, and SEC. 9. Section 202 of the Federal Railroad 212(e) of this title, is subject to Judicial re- SIMON, with me as cosponsors on this Safety Act of 1970 (45 U.S.C. 431), as amended view as provided In chapter 7 of title 5, Unit- bill. by this Act, Is further amended by adding at ed States Code. Except as provided In section The railroad industry is fundamental the end the following new subsection: 203(0) of this title, any proceeding to review to our Nation's transportation system. "(t)(l) Within 12 months after the date of such final agency action shall be brought by ship- a petition in the appropriate court of Our economy relies on railroad enactment of this subsection, the Secretary, filing and inter- after consultation with the National Rail- appeals. Such petitions shall be handled in ment and freight delivery, road Passenger Corporation, freight carriers, the manner prescribed in chapter 158 of title city travelers in many portions of the and rail equipment manufacturers, shall sub- 28, United States Code. Nothing in this sec- country count on Amtrak for their 5960 CONGRESSIONAL RECORD-SENATE March 18, 1992 transportation needs. We depend on the Under the bill, the Secretary would be bill to 1992 and strike one provision railroads to be reliable, but most im- required to work with the Secretary of which is no longer needed. The second portantly, they must be safe. Labor, to solicit public comments, and amendment I am introducing today Recent accidents in the industry, to report to Congress on efforts to fa- would revise the section on locomotive with significant loss of life and harm to cilitate interagency coordination and cab crashworthiness and working con- the environment, underscore this para- enforcement on issues related to the ditions included in the bill as reported mount concern for safety. Safety en- health and safety of railroad employ- to require that the Secretary Institute forcement of the railroad industry is a ees. a rulemaking on this subject instead of Federal responsibility, assumed by the S. 1571 would also require the Sec- a study. The amendment lists specific Federal Railroad Administration retary to review and revise DOT's rules criteria to be considered in the scope of [FRA]within the Department of Trans- on railroad power brakes, and to inves- this rulemaking, and requires, if ulti- portation [DOT]. tigate the adequacy of railroad loco- mately no regulations are prescribed in The legislation we are considering motive cab safety and working condi- this important safety area, that the today, the Rail Safety Improvement tions. Other requirements in the legis- Secretary shall report to Congress on Initiates Act of 1992, initiatives a new, lation include a report by the Sec- the reasons for that determination. 3-year authorization for FRA safety retary to Congress on the current effec- A third amendment I am offering programs and sharpens the agency's ex- tiveness of voice communications sys- today would revise the legislation as isting safety responsibilities. The pro- tems, and on the prospects for imple- reported by requiring the Secretary to posed 3-year funding cycle will broaden mentation of new advanced train con- conduct a rulomaking addressing FRA's current safety programs, sup- trol technologies. The bill also des- standards governing railroad power port additional initiatives, and provide ignates that the Northeast Corridor brakes and dynamic braking equip- for needed research and development Safety Committee must meet every 2 ment. In carrying out this rulemaking efforts. years to consider matters concerning the Secretary will require in specified Amounts authorized to be appro- safety on the main line of the North- circumstances two-way end of train de- priated under the bill for the general east corridor. In addition, S. 1571 in- vices capable of initiating braking safety programs of FRA include $41.024 cludes authorizations for the Local from the rear of a train, with full im- million in fiscal year 1992; $53.116 mil- Rail Freight Assistance Program, in plementation of this requirement to be lion in fiscal year 1993; and $55.931 mil- the amounts of $16 million for fiscal completed within 48 months after issu- lion for fiscal year 1994. The bill also year 1992, $20 million for fiscal year ance of performance standards for such authorizes appropriations for the rail- 1993, and $25 million for fiscal year 1994. end-of-train devices. I am pleased to in- road research and development pro- I am pleased to accept and incor- corporate into the bill this amendment grams of FRA-exclusive of research porate a number of amendments to S. which I believe will add significantly and development for magnetic levita- 1571 as reported. The amendment by to the safety of our railroad industry. tion and other high-speed rail sys- Senator HOLLINGS, chairman of the In conclusion, Mr.President, the Rail tems-the sums of $10.748 million for Committee on Commerce, Science, and Safety Improvement Initiatives Act of fiscal year 1992; $15.167 million for fis- Transportation, and cosponsor of this 1992 as amended charts a positive cal year 1993; and $15.759 million for fis- legislation, would require the General course for our Nation's railroad safety cal year 1994. These funding levels will Accounting Office [GAO]to conduct an programs, revitalizing existing efforts permit FRA to accelerate action on its in-depth study of the Secretary's rules and implementing a number of needed current safety regulatory agenda, move and regulations pertaining to track new initiatives. I am dedicated to forward on the now administrative ini- safety, to be followed by a rulemaking working with my distinguished col- tiatives mandated by this legislation, conducted by the Secretary to revise leagues to pass this important piece of and support critical research and devel- the Secretary's track safety regula- legislation. opment efforts vital to continued safe- tions in accordance with GAO's rec- Mr. HOLLINGS. Mr. President, as ty improvements in the railroad indus- ommendations. chairman of the Committee on Com- try. Another amendment, by Senator merce, Science, and Transportation, I Among revisions to existing railroad SIMON, would require the Secretary rise in support of S. 1571, the Rail Safe- safety laws contained in S. 1571, the within 1 year of enactment of the bill ty Improvement Initiatives Act of 1992. Secretary of Transportation would be to conduct a study of the working con- This legislation, which I have cospon- required to establish and complete ditions of railroad dispatchers. This sored, will reauthorize the rail safety within 18 months a pilot project to study would examine the findings of a enforcement programs of the Federal demonstrate the benefits of having report, the "National Train Dispatcher Railroad Administration [FRA] within available in FRA regional offices resi- Safety Assessment 1987-1988," released the Department of Transportation dent legal counsel empowered to by FRA in 1990, in order to determine [DOT]for a 3-year period, through fis- streamline the enforcement review the scope of any further legislative or cal year 1994. process. In order to clarify and extend regulatory action which may be war- I commend my colleagues Senator the Secretary's enforcement authority, ranted. EXON, chairman of the Surface Trans- the legislation would broaden the stat- A third amendment, by Senator SEY- portation Subcommittee, and others utory definition of "person" subject to MOUR, would require the Secretary for forging a bipartisan consensus on such authority, require the Secretary within 9 months after enactment of tlhe the scope and direction of the Federal to establish procedures to ensure the bill to report to Congress on tile rout- rail safety oversight and enforcement effective use of authorized sanctions, ing of railroad hazardous materials programs. The new initiatives in this and provide for additional protection shipments within the State of Califor- bill, including an expansion of the safe- under Federal criminal law for Federal nia. Through this report the Secretary ty enforcement authority of the Sec- enforcement personnel. S. 1571 also pre- would assess the relative safety of par- retary of Transportation, a clarifica- scribes technical amendments which ticular rail routes within California tion of the applicability both of the would require that appeals of any final and recommend what actions can be railroad safety laws and the Occupa- agency action taken under Federal taken, without unreasonably burdening tional Safety and Health Act of 1970 to railroadsafety laws must be brought in commerce to improve inherently un- the working conditions of railroad em- the appropriate court of appeals. safe routes or reduce hazardous mate- ployees, and investigations into re- Of note, S. 1571 will help clarify the rials traffic along those routes. quirements for railroad power brakes applicability both of the railroad safe- In addition, I am pleased to offer and locomotive cab crashworthiness, ty laws and the Occupational Safety three amendments to S. 1571 as re- all signal a congressional commitment and Health Act of 1970 to the working ported. The first amendment is a tech- to ensure the safe operation of our Na- conditions of railroad employees. nical to redate the short title of the tion's railroad industry. March 18, 1992 CONGRESSIONAL RECORD-SENATE 5961 One area of the Secretary's regula- for a serious mistake arises anytime tures and media reports which said tions which has not received recent at- the dispatchers are distracted from that, for all practical' purposes, the tention is railroad track safety. These their primary duty, the safe and timely river would be dead. This toxic chemi- regulations have not been amended movement of rail freight traffic. cal wiped out hundreds of thousands of since the early 1980s, and thus may not FRA identified a number of problems fish, killed virtually all plant life in a take into account technological and which could lead to serious dispatching 45-mile stretch of the river, and threat- operational innovations since that pe- errors. Some of these are: noise and ened drinking water for millions of riod. The National Transportation confusion in and about the workplace, Californians. Some have referred to the Safety Board continues to investigate multiple dispatchers within a single Dunsmuir accident as an unprece- a number of recent railroad accidents, room, and unauthorized persons in the dented environmental disaster. including the July 31, 1991, Amtrak ac- office of a dispatcher. At times the Perhaps the most shocking news to cident in Lugoff, SC, which claimed noise levels are so high that verbal come out of this train wreck was the seven lives. While the causes remain communications must be repeated. fact that neither the Department of unclear, railroad track and roadbed My amendment will set a date by Transportation nor the Environmental conditions may have been a contribut- which the Secretary of Transportation Protection Agency list or regulate ing factor in at least one of these acci- shall report to Congress on any steps metam sodium as a hazardous sub- dents. being taken by the Department of stance in rail transportation. Iron- I therefore am introducing an amend- Transportation and the railroad indus- ically enough, the Coast Guard does ment to the Rail Safety Initiatives Act try to rectify these problems and rec- list this substance as hazardous when of 1992, which would require the Gen- ommend any actions necessary to cor- shipped in bulk form and therefore po- eral Accounting Office [GAO] to con- rect those problems which affect rail- lices its transport by ship. duct a study of the adequacy of the road safety. Fortunately, neither of these spills Secretary's rules, regulations, orders, I am also proud to be cosponsoring resulted in serious human injury or and standards that are related to track the Local Rail Service Program. I wish death. However, we have not been so safety and the effectiveness of the Sec- we could authorize more because this fortunate in the past. The Dunsmuir retary's enforcement program. The program is a fine example of how much spill clearly demonstrated how vulner- GAO is to complete this study within benefit communities can receive with able our environment is to the release 18 months after the date of enactment careful investment of a small amount of dangerous chemicals. of Federal dollars in vital transpor- Clearly, we must seek ways to iden- of this legislation, and at that time tation service. will submit a report to Congress in- Not only does LRSA help tify and correct inherent safety flaws the small that may exist in our rail transpor- cluding its recommendations for appro- branch rail lines that feed our major priate administrative action. rail systems, but it is a strong contrib- tation network. And perhaps more im- Within 12 months of the submission utor to local economies. If a farmer can portant, we must move forward at a of GAO's report, the Secretary shall load his commodities on rail instead of much quicker pace to identify chemi- complete a rulomaking proceeding on oversized trucks too heavy and too cal substances such as those involved track safety, taking into account the large for local roads and bridges, he not in the Dunsmuir and Seacliff spills recommendations made by the GAO. At only receives good service but local that could threaten the environment the completion of the proceeding, the governments save many road repair should they be released. Secretary also shall submit to Con- dollars as well. It is for these very reasons that I am gress a statement explaining the ac- By combining LRSA funds with local offering this amendment to the rail tions the Secretary has taken to imple- and private sector contributions to safety bill. My amendment requires the ment the recommendations received fund the local rail projects, Illinois has Secretary of Transportation to report from the GAO. leveraged these to the maximum cover- back to Congress on those rail routes This amendment is important to ad- ing more projects in more commu- in California that are inherently less vance the safe operation of our Na- nities. Many more communities need safe than others for the rail transpor- tion's system of railroad transpor- this assistance. tation of hazardous materials. tation. I urge my colleagues to support Mr. SEYMOUR. Mr. President, I am At this time, in the event of an acci- this amendment, and the Rail Safety extremely pleased the Senate is taking dent, investigators to evaluate such Initiatives Act of 1992, as amended. action today to reauthorize important factors as driver conduct and mechani- Mr. SIMON. Mr. President, I am rail safety programs. cal failure. My amendment would ex- proud to be a cosponsor of the Rail There have been several sad remind- pand the scope of such reviews to in- Safety Improvement Initiatives Act of ers over the past year demonstrating clude the investigation of any poten- 1991 which not only addresses a number how vulnerable we are to rail acci- tially dangerous conditions inherent to of outstanding rail safety problems, dents. In California, in particular, a rail route. These include such factors but reauthorizes the Local Rail Service back-to-back rail accidents during the as climate and the topography of the Assistance Program as well. Thanks to month of July, both of which involved region. In its study, DOT will also look the outstanding work of my friends and the release of hazardous materials into at factors such as railroad track and colleagues, Senator HOLLINGS and the environment, have renewed the cry equipment maintenance, operating EXON, this is a bill that has bipartisan for greater oversight and enforcement practices, and train handling proce- support and has evolved after consulta- in the area of the transportation of dures. Finally, Federal departments tion with all of the groups working on hazardous materials by rail. and agencies responsible for protecting rail safety. The first spill occurred on July 14, California's public lands and environ- I am also grateful that my colleagues 1991, when a Southern Pacific train de- ment will be consulted, and the public have accepted an amendment to ad- railed near Dunsmuir, dumping 19,000 will be given an opportunity to com- dress my concern for the workplace en- gallons of metam sodium, a powerful ment. vironment of train dispatchers. The pesticide, into the upper Sacramento Mr. President, we need to understand Federal Railroad Administration's re- River. And 1 week later, on Highway fully the causes of the Dunsmuir acci- port, "National Train Dispatcher Safe- 101 near Seacliff, a train derailment dent, all rail accidents-if the rail line ty Assessment 1987-1988," issued in spilled a powerful corrosive, hydrazine, itself, the grade, the turn or other fac- February 1990, was undertaken because onto one of the busiest highways in tors contributed to the wreck. If such the FRA was concerned about the occu- California, causing the evacuation of factors are major causes of the derail- pational stress of train dispatchers and 300 residents and trapping commuters ment, then no matter how carefully the impact of such stress on safety. in their cars for hours. the driver handles the train, or how Railroad train dispatchers have grave In terms of the Dunsmuir spill, I am well-maintained the engine or the safety responsibilities. The potential sure many of my colleagues saw pic- track, there could exist, literally, a 5962 CONGRESSIONAL RECORD-SENATE March 18, 1992 built-in danger to the route. This is un- I supported to require the Federal Rail- Third, increased Federal law protec- acceptable, particularly if hazardous road Administration [FRA] to review tion for railroad police. materials are being transported. DOT's rules on power brakes taking Fourth, assessment of current loco- Once such routes are identified, the into consideration the need to require motive cab safety and environmental Secretary would offer recommenda- two-way end-of-train telemetry devices standards. Senator EXON will offer an tions for action to reduce or eliminate on cabooseless trains. This amendment amendment to make this part of a 24- the transfer of hazardous materials goes further, and I want to commend month rulemaking procedure. over inherently unsafe routes. Clearly, Senator EXON and his staff for working Fifth, a report by the Secretary of stepping beyond the condition of indi- out this compromise between the var- Transportation, in consultation with vidual trains and examining the rail ious parties. the Secretary of Labor, on coordina- routes themselves, would move the in- This amendment tells the Secretary tion of Federal activities affecting the dustry in the direction of greater safe- not only to conduct a review, but to ac- safety and health of railroad employ- ty. I do want to point out that I had tually revise the rules to require two- ees. hoped to expand the scope of this study way end-of-train devices or devices Sixth, a report on the status of ad- to include the entire nation, but in the able to perform the same function. It vance-train-control systems and the interest of time, limited FRA resources gives the railroads enough time to need for Federal standards to ensure and to speed investigators to Califor- phasein the required devices to ensure that they provide for positive train nia, I reluctantly agreed to limit the that we are not causing economic hard- separation and are compatible nation- study to California. Nonetheless, I am ship for them. It also allows certain ex- wide; and assessment of current voice sure the results of this study will have clusions for the same purpose. communication technologies and their applications nationwide, and will add Overall, however, it meets the re- use. to the efforts the Commerce Commit- quirements of the railroad engineers Seventh, continuation of the North- tee has been making for years to pro- who are Interested in making sure the east Corridor Safety Committee cre- vide for the safe transportation of haz- trains they operate run in the safest ated by the 1988 act. ardous materials. manner possible. These two-way-end- Eighth, a review of current railroad Mr. President, if we learned anything of-train devices make it possible for power brake rules. Senator ExoN will from the Dunsmuir spill, it was that the engineer of a cabooseless train to offer an amendment to mandate two- there is insufficient coordination apply emergency braking action at the way end-of-train braking devices on among the Department of Transpor- end of a train. My interest in this issue certain trains no later than December tation and the Environmental Protec- stems from a February 1989 rail acci- 1997. tion Agency in the listing of hazardous dent near Helena that may have been Ninth, reauthorization of the Local materials. I had prepared a second prevented had one of these devices been Rail Freight Assistance Program. amendment, which I planned to offer present. As a result of that accident, The provisions of S. 1571, and the when this bill was scheduled for floor Montana became the first State to amendments to be offered during Sen- debate last November. That amend- enact a law requiring the use of two- ate consideration, have been written ment was designed to protect the envi- way-ond-of-train devices whenever a with the cooperation of rail labor, the ronment from the unsafe rail transpor- train operates without a caboose in railroads, and the FRA. I urge my col- tation of dangerous chemicals by en- mountain-grade territory. leagues to support this legislation. suring better communication among This is an important safety issue, Mr. AMENDMENT NO. 1736 Federal agencies. President, and I am glad to see the (Purpose: To amend section 6) Under that amendment, the DOT and Senate addressing it at this time. The EPA would work together to amend AMENDMENT NO. 1737 working men and women of the rail- (Purpose:To amend section 12) the Secretary's current hazardous ma- road industry will know that we are on terials transportation regulations to their side. And people in places like AMNI)MENT NO. 1738 include a definition of "chemical sub- Helena, MT, can be assured that Con- (Purpose:To correct the short title and to stances" that may pose a significant gress is acting to prevent another run- strike section 8) risk to the environment. Once defined, away train accident from causing them AMEN)MENT NO. 1739 the Secretary would then take action to be evacuated from their home dur- (Purpose: To provide for certain actions with to provide for the safe transportation ing the subzero Montana winter. respect to track safety standards and the of these substances if they are not al- Thank you, Mr. President, I yield the enforcoment of those standards) ready regulated as hazardous materials floor. AMENDMENT NO. 1740 under the Hazardous Materials Trans- Mr. KASTEN. Mr. President, in 1988, (Purpose: To require the Secretary of Trans- portation Act. I am pleased to say this the most far-reaching railroad safety portation to report to the Congress on un- amendment is no longer necessary as legislation since the creation of the satisfactory workplace environments) DOT published a rule in late January Federal Railroad Administration AMENDMENT NO. 1741 to accomplish this goal. [FRA] was implemented. Under the (Purpose: To require a report on the routing Mr. President, I commend Chairman leadership of FRA Administrator Gil of hazardous materials shipments) HOLLINGS, Senator DANFORTII, the Carmichael, the FRA has worked dili- Mr. PRYOR. Mr. President, I ask ranking member, and the subcommit- gently to implement the provisions of unanimous consent that it be in order tee chairman, Senator EXON, for their the 1988 act, and voluntarily has initi- to send to the desk en bloc six amend- leadership in this area. My hope in of- ated other important improvements. ments. I ask for their immediate con- fering this amendment, using the De- S. 1571, the Rail Safety Improvement sideration on bloc. I ask that the partment of Transportation's guidance, Initiatives Act of 1992, would reauthor- amendments be agreed to and the mo- is to allow the Congress to revisit this ize FRA's programs. It also addresses tion to reconsider laid upon the table and other issues so that we can further several concerns that have emerged on bloc. expand on the rail safety provisions since 1988. Speolfically, S. 1571 provides The PRESIDING OFFICER. Without contained within this important bill. for the following: objection, it is so ordered. Mr. President, I urge the adoption of First, clarification of the applicabil- Mr. PRYOR. Mr. President, I ask my amendment. ity of penalties for safety violations, unanimous consent that the record re- Mr. BURNS. Mr. President, I want to and establishment of procedures to en- flect that these amendments are in be- be on record as this legislation passes sure that penalties are effective. half of Senator EXON, three amend- as a supporter and cosponsor of Sen- Second, a regional enforcement pilot ments, Senator HOLLINGS, Senator ator ExoN's amendment to require project to consider whether legal coun- SIMON and Senator SEYMOUR. two-way end-of-train devices. The sel in FRA regional offices would expe- The PRESIDING OFFICER. Without original bill includes a provision which dite enforcement. objection, it is so ordered. March 18, 1992 CONGRESSIONAL RECORD-SENATE 5963 So, the amendments (No. 1736, No. emergency braking from the rear of the and standards, taking into account the re- 1737, No. 1738, No. 1739, No. 1740, and No. train. The Secretary shall promulgate rules port and the recommendations by the Gen- 1741) were agreed to en bloc as follows: as soon as possible, but not later than De- eral Accounting Office submitted along with cember 31, 1993, requiring such two-way end the report. Not later than 12 months after AMENDMENT NO. 1736 of train devices. Such rules shall, at a mini- the date of submission of the report, the Sec- Strike all on page 6, line 17, through page mum- retary shall complete such proceeding and 7, lino 7, and insert in lieu thereof the follow- "(I) set standards for such devices based on submit to Congress a statement explaining ing: performance; the actions the Secretary has taken to im- LOCOMOTIVE CRASHIWORTHINESSAND WORKING "(11) prohibit any railroad, on or after 12 plement such recommendations.". CONDITIONS months after promulgation of such rules, from purchasing or leasing any end of train AMENDMENT NO. 1740 SEC. 6. Section 202 of the Federal Railroad device for use on trains which is not a two- On page 9, line 14, strike the quotation Safety Act of 1970 (45 U.S.C. 431) is amended way device mooting the standards described marks and the period at the end. by adding at the end the following new sub- In clause (1); On page 9, between lines 14 and 15, Insert section: "(11i) require that such trains be equipped the following: "(r)(l) The Secretary shall, within 24 with a two-way end of train device meeting "(5) Not later than 1 year after the date of months after the date of enactment of this such standards not later than 48 months enactment of this subsection, the Secretary subsection, complete a rulemaking proceed- after promulgation of such rules; and shall transmit to the Committee on Com- ing to consider prescribing regulations to "(iv) provide that any two-way end of train merce, Science, and Transportation of the improve the safety of locomotive cabs. Such device purchased before such promulgation Senate and the Committee on Energy and proceeding shall assess- shall be deemed to meet such standards. Commerce of the House of Representatives a "(A) the adequacy of Locomotive Crash- "(B) The Secretary may consider petitions report concerning any action that has been worthiness Requirements Standard S-580, to amend the rules promulgated under para- taken by the Secretary and the railroad In- adopted by the Association of American graph (3)(A) to allow the use of alternative dustry to rectify the problems associated Railroads in 1989, in improving the safety of technologies which meet the same basic per- with unsatisfactory workplace environments locomotive cabs; and formance requirements established by such in certain train dispatching offices identified "(B) the extent to which environmental rules. in the National Train Dispatcher Safety As- and other working conditions in locomotive "(4) The Secretary may exclude from rules sessment for 1987-1988, published by the Fed- cabs affect productivity and the safe oper- promulgated under paragraphs (1), (2), and (3) eral Railroad Administration in July 1990. ation of locomotives. category of trains or railroad operations The report shall include recommendations "(2) In support of the proceeding required any if the Secretary determines that such an ex- for legislative or regulatory action to ame- (1)(A), the Secretary shall under paragraph clusion is in the public interest and is con- liorate any such problems that affect safety conduct research and analysis, including sistent with railroad safety. The Secretary in train operations.". computer modeling and full-scale crash test- shall make public the reason for granting ing, as appropriate, to consider the costs and any such exclusion. The Secretary shall at a AMENDMENT NO. 1741 safety benefits associated with equipping lo- from the requirements of At the end, add the following new section: comotives with- minimum exclude paragraph (3)- REPORT ONROUTING OF HAZARDOUS MATERIALS "(A) braced collision posts; that have manned cabooses; SHIPMENTS "(B) rollover protection devices; "(A) trains trains with emergency SEC. 15. (a) REQUIREMENT FOR REPORT.- plates; "(B) passenger "(C) deflection brakes; Within 18 montls after the date of enact- "(D) shatterproof windows; ment of this Act, the Secretary of Transpor- "(E) readily accessible crash refuges; "(C) trains that operate exclusively on track that is not part of the general railroad tation shall report to the appropriate com- "(F) uniform sill heights; system; mittees of Congress on whether, based on rel- "(G) anti-climbors, or other equipment de- evant data concerning train accidents within signed to prevent overrides resulting from "(D) trains that do not exceed 30 miles per hour and do not operate over heavy grades, the State of California there are particular head-on locomotive collisions; factors that make certain routes in that "(II) equipment to deter post-collision unless specifically designated by the Sec- State Inherently less safe than others for the entry of flammable liquids into locomotive retary; and "(E) trains that operate in a push mode." rail transportation of hazardous materials cabs; or and, if so, what actions can be taken, with- "(I) any other devices intended to provide out unreasonably burdening commerce, to crash protection for occupants of locomotive AMENEDMNT No. 1738 ameliorate those factors or reduce hazardous cabs. On page 1, line 5, strike "1991" and insert In lieu thereof "1992". materials traffic over any inherently unsafe "(3) If on the basis of the proceeding re- routes. The report shall address- quired by paragraph (1) the Secretary deter- Strike all on page 9, line 15, through page (1)whether the accident data on 10, line 22. train acci- mines not to prescribe regulations, the Sec- dents resulting In hazardous materials re- rotary shall report to Congress on the rea- leases in recent years reveal that any inher- sons for that determination.". AMENDMENT No. 1739 ent, permanent conditions such as topog- At the end of the bill, add the following raphy or climate have played a causal role in AMIENDMEN'INO. 1737 now section: or increased the likelihood of such accidents; Strike all on page 14, line 20, through page TRACK SAFETY (2) whether the data referred to in para- 15, line 17, and insert in lieu thereof the fol- SEC. 14. Section 202 of the Federal Railroad graph (1) suggest that factors such as rail- lowing: Safety Act of 1970 (45 U.S.C. 431), as amended road track and equipment maintenance prac- IOWER IIIAKE BAFETY by this Act, is further amended by adding at tices, railroad operating practices, and train 202 of the Federal Railroad the end the following new subsection: handling procedures have played a causal SEC. 12. Section role in or increased the likelihood of train Safety Act of 1970 (45 U.S.C. 431), as amended "(v)(1) The General Accounting Office shall resulting in the release of hazard- by this Act, is further amended by adding at conduct a study of- accidents of the Secretary's rules, ous materials; and the end the following new subsection: "(A) the adequacy (3) what actions Federal agencies may that are "(u)(l) The Secretary shall conduct a re- regulations, orders, and standards have taken to address to track safety; and take, are taking, or view of the Department of Transportation's related whatever factors are determined to be play- to railroad power brakes, "(B) the effectiveness of the Secretary's rules with respect ing a causal role in, or Increasing the likeli- of such rules, regulations, or- and within 18months after the date of enact- enforcement hood of, train accidents resulting in the re- and standards, with particular atten- ment of this subsection, shall revise such ders, lease of hazardous materials. rules based on such safety data as may be tion to recent relevant railroad accident ex- (b) CONSUUTA'rION; PUBLIC COMMENT.-In presented during that review. perience and data. preparing the report required by subsection "(2) In carrying out paragraph (1), the Sec- "(2) The General Accounting Office shall, (a), the Secretary shall consult with Federal retary shall, whore applicable, prescribe within 18months after the date of enactment departments and agencies responsible for standards regarding dynamic braking equip- of tills subsection, submit to the Secretary protecting the environment and public lands ment. and Congress a report on the results of such in California, and provide an opportunity for for "(3)(A) In carrying out paragraph (1), based study, together with recommendations written comment by the public on the issues on the data presented, the Secretary shall improving such rules, regulations, orders, to be addressed in the report. require two-way and of train devices (or do- and standards, and such enforcement. If there vices able to perform the same function) on "(3) Upon receipt of such report, the Sec- The PRESIDING OFFICER. road trains other than locals, road switchers, retary shall initiate a rulemaking proceed- are no further amendments the clerk or work trains to enable the initiation of Ing to revise such rules, regulations, orders, will read the bill for the third time. 6964 CONGRESSIONAL RECORD-SENATE March 18,1992 The bill was ordered to be engrossed Whereas the United Nations General As- VISIT TO THE SENATE BY PRIME for a third reading. sembly passed resolutions condemning Chi- MINISTER BEGUM KHALEDA ZIA The bill was engrossed for a third na's human rights abuses In Tibet in 1959i OF THE PEOPLE'S REPUBLIC OF reading and was read the third time. 1961, and 1965; BANGLADESH Mr. PRYOR. Mr. President, I ask Whereas a Subcommission of Independent Experts of the United Nations Commission Mr. PELL. Mr. President, we have unanimous consent that the Commerce the great honor to have visiting with be discharged from further on Human Rights passed Resolution 1991/10 Committee ("Situation In Tibet", August 23, 1991), con- us Prime Minister Zia of Bangladesh, consideration of H.R. 2607, the House demning recent Chinese human rights abuses the first woman Prime Minister of her companion measure; that the Senate In Tibet, Including executions, torture and country and a good politician in her then proceed to its immediate consid- denial of national religious and cultural own right, five times a member of Par- eration; that all after the enacting Identity; liament. clause be stricken and the text of S. Whereas twenty-two countries, led by the We are glad to have you visit us 1571, as amended be inserted in lieu European Community as the main sponsor, today. If my colleagues were here they thereof; that the bill be deemed read formally submitted a resolution ("Situation would all join me in applauding. [Ap- for a third time, passed, the motion to in Tibet", February 27, 1992) to the full Unit- plause.] reconsider laid upon the table. ed Nations Commission on Human Rights an- We wish her well. The PRESIDING OFFICER. Without nual meeting In Geneva In February-March 1992; I now suggest the absence of a objection, it is so ordered. quorum, So the bill (H.R. 2607), as amended, Whereas this resolution ("Situation In The PRESIDING OFFICER. The was passed. Tibet", February 27, 1992) declared Its con- clerk will call the roll. Mr. PRYOR. Mr. President, I ask fur- corn "at continuing reports of violations of human rights and fundamental freedoms in The legislative clerk proceeded to ther unanimous consent that S. 1571 be Tibet which threaten the distinct cultural, call the roll. returned to the calendar. religious and ethnic identity of the Tibet- Mr. PELL. Mr. President, I ask unan- The PRESIDING OFFICER. Without ans;" acknowledged United Nations reports imous consent that the order for the objection, it is so ordered. on torture, summary or arbitrary execu- quorum call be rescinded. tions, religious intolerance and enforced or The PRESIDING OFFICER. Without involuntary disappearances; called "on the objection, it is so ordered. RELATIVE TO HUMAN RIGHTS IN Government of the People's Republic of TIBET China to take measures to ensure the full ob- Mr. PRYOR. Mr. President, I ask servance of human rights and fundamental JOSEPH BUTTINGER: REFUGEE unanimous consent that the Foreign freedoms of the Tibetans"; and invited "the LEADER, VIETNAM SCHOLAR Government of the People's Republic of AND FIGHTER FOR HUMAN Relations Committee be discharged China to continue to respond to requests by from further consideration of Senate special rapporteurs for information" and re- FREEDOM Resolution 271 regarding human rights quested "the Secretary-General to submit a Mr. PELL. Mr. President, I want to in Tibet; that the Senate then proceed report to the Commission on Human Rights take a moment to remember Joseph to its immediate consideration; that at Its forty-ninth session on the situation in Buttinger, a long-time worker and the resolution and the preamble be Tibet"; leader on behalf of refugees the world agreed to; and that the motion to re- Whereas an altered text was offered Imply- over, and a founding member and ac- consider be laid upon the table. ing China's sovereignty over Tibet; tive director of programs for the Inter- The PRESIDING OFFICER. Is there Whereas, due to a procedural motion, this national Rescue Committee. objection? Without objection, it is so altered resolution was not acted on in the Mr. Buttinger's lifo touched some of ordered. United Nations Commission on Human the greatest issues of our times. He was So the resolution (S. Res. 271) was Rights; and born in Austria in 1906 of working-class agreed to. Whereas the United States should take a parents and loft school at ago 13 to help The preamble was agreed to. firm stand against human rights abuses support his family. Ho became a leader The resolution with its preamble, wherever they occur, and should also speak of youth movements in Austria and reads as follows: out against the Illegal occupation of Tibet: Now, therefore, later of the Social Democratic Party. 8. REs. 271 be It He was active in the anti-Nazi under- Whereas, in the Foreign Relations Author- Resolved, That it is the sense of the Senate ground during the 1930's in Austria and ization Act, Fiscal Years 1992 and 1993, that- France, until he had to flee to the signed Into law by President Bush on Octo- (1) the United States Government should United States in 1939 with his Amer- ber 28, 1991,Congress declared Tibet to be an support resolutions like the European Com- ican wife, Muriel Gardinor, a promi- occupied country whose true representatives munity-led resolution on the "Situation In nent figure in the history of psycho- are the Dalal Lama and the Tibetan Govern- Tibet" submitted to the United Nations ment In exile; Commission on Human Rights; analysis. Whereas, in this same Act, Congress de- During and after World War II, Jo- (2) the United States Government should seph Buttinger helped establish many clared that "it is thiepolicy of the United vigorously condemn Boijing's human rights States to oppose aggression and other illegal abuses In occupied Tibet In all appropriate of the refugee programs for which the uses of force by one country against the sov- International forums; and International Rescue Committee has ereignty of another as a manner of acquiring been widely recognized and honored. territory, and to condemn violations of (3) the United States Government should raise human rights abuses in Tibet with son- His personal actions helped smuggle international law, Including the Illegal occu- thousands of anti-Fascist refugees out pation of one country by another"; lor officials of the People's Republic of Whereas the Department of State, in Its China. of Europe. For over 40 years he served as director of the IRC's Paris office and February 1992 "Country Reports on Human Mr. PRYOR. Mr. President, I suggest Rights Practices In 1991" annual report, European division, and as an IRC board cited "persistent abuses In Tibet", "frequent the absence of a quorum. member and vice president. credible reports from Tibetan refugees of The PRESIDING OFFICER. The During the 1950's, he aided refugees torture and mistreatment in penal Institu- clerk will call the roll. in Vietnam and took an abiding inter- tions in Tibet", "harsh sentences for politi- est in the history and culture of that cal activities", and religious and cultural The legislative clerk proceeded to call the roll. country. He formed the American persecution of six million Tibetans; Friends of Vietnam, and became a Whereas the people of Tibet have long been Mr. PELL. Mr. President, I ask unan- denied their right to self-determination; prominent scholar of that country's imous consent that the order for the culture and politics. His two-volume Whereas human rights abuses have been quorum call be rescinded. routine and harsh In occupied Tibet since the work "Vietnam: A Dragon Embattled" People's Republic of China Invaded Tibet In The PRESIDING OFFICER. Without was described in a review in the New 1949-1950; objection, it is so ordered. York Times as "a monumental work" March 18, 1992 CONGRESSIONAL RECORD-SENATE 5965 that is "a strategic breakthrough in Working with refugees In Vietnam In the from the President of the United the serious study of Vietnamese poli- 1950's, he became Immersed in the history, States, together with an accompanying tics in America." culture and politics of that nation. He report; which was referred to the Com- Joseph Buttinger pursued his schol- formed an organization, American Friends of mittee on Labor and Human Resources: arly Vietnam, and became a friend and supporter career with some half dozen other of the ruler, Ngo Dinh Diem. Later, books on disillu- To the Congress of the United States: Vietnam and on the history sioned with Diem's dictatorial ways, Mr. In accordance with section 407 of the of socialism. In 1972 the Austrian Gov- Buttlnger renounced him. Domestic Volunteer Service Act of ernment awarded him its Golden Order Despite having no formal education beyond 1973, as amended of Merit. (42 U.S.C. 5047), I According to the New York the sixth grade, he became a respected histo- transmit herewith the Annual Times, the then-Chancellor of Austria, rian and analyst of current events in Viet- Report nam. As the United States went to war with of the ACTION Agency for Fiscal Year Bruno Kreisky, observed that "Mr. 1991. Buttinger was such a hero that if Vietnam, his scholarship was in demand. His he evolving view was that American policy was GEORGE BUSH. had returned he would have become historically and morally misguided and THE WHITE HOUSE, March 18, 1992. Chancellor." (loomed to fail. As a fellow worker and board member Ills two-volume work, "Vietnam: A Dragon of the IRC, I take special pride in hav- Embattled" (Praegor, 1967) was heralded in a MESSAGES FROM THE HOUSE ing been associated in my own small review in The New York Times as "a monu- At 12:28 p.m., a message from the ways with the heroic accomplishments mental work" that "marks a strategic House of Representatives, delivered by of Joseph Buttinger. His life is a re- breakthrough in the serious study of Viet- Mr. Hays, one of its reading clerks, an- minder of how much can be achieved by namese politics In America" and as "the most thorough, informative and, over all, nounced that the House has passed the one person dedicated to the service of the most impressive book on Vietnam yet following bill, in which it requests the others and the cause of human free- published InAmerica." concurrence of the House: dom. We mourn his passing on March 4, OTIIER TITLES H.R. 4449. An act to authorize jurisdictions 1992. receiving funds for fiscal year 1992 under the Mr. President, Ills other books included: "In the Twilight I ask unanimous con- of Socialism" (Praeger 1952), "The Smaller HOME Investment Partnership Acts that are sent an obituary from the New York Dragon-A Political History of Vietnam" allocated for new construction to use the Times be printed in the RECORD at this (Praeger, 1958), "A Dragon Defiant: A Short funds, at the discretion of the jurisdiction, point. History of Vietnam" (Praeger, 1972) and for other eligible activities under such Act There being no objection, the mate- "Vietnam: The Unforgettable Tragedy" (IIo-and to amend the Stewart B. McKinney rizon, 1977). Homeless Assistance Amendments Act of rlal was ordered to be printed in the 1988 to authorize local governments that RECORD, as follows: Thirty-three years after he fled Austria, the Government awarded him its Golden have financed housing projects that have [From the Now York Times, Mar. 8,1992] Order of Merit. Chancellor Bruno Krelsky been provided a section 8 financial adjust- JOSEP'H A. BUTrINOEI, NAZI FlOHTEIAND once mused that Mr. Buttlnger was such a ment factor to use recaptured amounts VIETNAM SCHOLAR, DIES AT 85 hero that if he had returned, he would have available from refinancing of the projects for (By Bruce Lambert) become chancellor. housing activities. Joseph A.Buttingor, a Nazi fighter who be- His wife died several years ago. He is sur- The message also announced that the came an advocate for refugees of persecution vived by his daughter, Constance Harvey of House has agreed to the following con- and a renowned authority on Vietnam and Aspen, Col.; a sister, Marie Fuchs, who lives current resolution, in which it requests the American war there, died on Wednesday in Austria; a brother, Louis, who now lives in the concurrence of the Senate: at the Margaret Plotz Center for Nursing In the United States, and six grandchildren. HI.Con. Res. 292. A concurrent resolution Queens. lie was 85 years old. Mr. PELL. Mr. President, I suggest expressing the sense of the Congress with re- lie died of natural causes after suffering the absence of a quorum. spect to United States participation in the from Alzheimer's disease, friends said. The PRESIDING OFFICER. The United Nations Conference on Environment Mr. Buttlingoer was born on an Impoverished and Development (UNCED). Bavarian farm and left home at 15 to work in clerk will call the roll. an Austrian glass factory. leo soon became The legislative clerk proceeded to At 6 p.m., a message from the House the leader of Austria's Socialist youth move- call the roll. of Representatives, delivered by Mr. ment and by 24 was secretary of the Social The PRESIDING OFFICER. Without Hays, one of its reading clerks, an- Democratic party and an ally of labor objection, the order for the quorum nounced that the House disagrees to unions. After being imprisoned for several call is rescinded. the amendment of the Senate to the months In 1934, he became chairman of the bill (H.R. 3508) to amend the Public Socialist underground and a top leader of the anti-Nazi movement. Health Service Act to revise and ex- MESSAGES FROM THE PRESIDENT tend certain programs relating to the FI,IEDTO PARIS IN 1938 Messages from the President of the education of individuals as health pro- In the resistance, he met a courier and United States were communicated to fessionals, and for other purposes; it eventually married her. She was Muriel Gar'- diner, a wealthy American medical student the Senate by Mr. McCathran, one of agrees to the conference asked by the who later became a noted psychoanalyst and his secretaries. Senate on the disagreeing votes of the wrote a political memoir titled "Code Name two Houses thereon, and appoints Mr. Mary." Many experts said she was the model DINGELL, Mr. WAXMAN, Mr. RICIHARD- for Lillian Hollman's book "Julia." Ms. EXECUTIVE MESSAGES REFERRED SON, Mr. LENT, Mr. BLILEY as managers Hollman denied it but declined to identify As in executive session the Presiding of the conference on the part of the the woman she had portrayed. Officer laid before the Senate messages House. When Germany occupied Austria in 1933, from the President of the United The message also announced that the the Buttingers fled to Paris, where he was chairman of the exiled Socialists. In 1939, States submitting sundry nominations House disagrees to the amendment of several months before the fall of France, the which were referred to the appropriate the Senate to the bill (H.R. 3635) to couple moved to the United States. committees. amend the Public Health Service Act In 1940, Mr. Buttlnger helped found what (The nominations received today are to revise and extend the program of became the International Rescue Commit- printed at the end of the Senate pro- block grants for preventive health and tee, a nonprofit organization aiding refugees ceedings.) health services, and for other purposes; of political, religious and racial persecution. it agrees to the conference asked by Its initial work was with refugees from the the Senate on the disagreeing votes of Nazis, and later refugees of many Com- ANNUAL REPORT OF THE ACTION countries and other dictatorships. the two Houses thereon, and appoints munist AGENCY-MESSAGE FROM THE Mr. DINGELL, Mr. WAXMAN, Mr. ROW- For 42 years, he served variously as director PRESIDENT-PM 119 of the organization's Paris office and Euro- LAND, Mr. LENT, and Mr. BLILEY as pean division, board member and vice presi- The PRESIDING OFFICER laid be- managers of the conference on the part (lent. fore the Senate the following message of the House. 5966 CONGRESSIONAL RECORD-SENATE March 18,1992 The message further announced that nectlon with housing programs administered of certain offshore lease revenues; to the the House disagrees to the amendment by the FarmersHome Administration; to the Committee on Energy and Natural Re- of the Senate to the bill (H.R.4210) to Committee on Agriculture, Nutrition, and sources. amend the Internal Revenue Code of Forestry. EC-2824. A communication from the Dep- EC-2814. A communication from the Gen- uty Associate Director for Collection and 1986 to provide for increased economic eral Counsel of the Department of Defense, Disbursement, Minerals Management Serv- growth and to provide tax relief for transmitting, a draft of proposed legislation ice, Department of the Interior, transmit- families; it agrees to the conference to amend chapter 138 of title 10, United ting, pursuant to law, a report on the refund asked by the Senate on the disagreeing States Code, to provide deployed United of certain offshore lease revenues; to tile votes of the two Houses thereon, and States Armed Forces the authority to ac- Committee on Energy and Natural Re- appoints Mr. ROSTENKOWSKI, Mr. GIB- quire logistics support, supplies, and service sources. BONS, Mr. PICKLE, Mr. RANGEL, Mr. without geographic restriction, to remove EC-2825. A communication from the Dep- the limitations on STARK, Mr. ARCHER, Mr. VANDER JAGT, the amounts that may be uty Associate Director for Collection and obligated or accrued during a period of ac- Disbursement. Minerals Management Serv- and Mr. CRANE as managers of the con- tive hostilities involving United States ice, Department of the Interior, transmit- ference on the part of the House. Armed Forces, and for other purposes; to the ting, pursuant to law, a report on the refund The message also announced that the Committee on Armed Services. of certain offshore lease revenues; to the Speaker makes the following correc- EC-2815. A communication from the Gen- Committee on Energy and Natural Re- tions in the appointment of conferees eral Counsel of the Department of Defense, sources. in the conference on the disagreeing transmitting, a draft of proposed legislation EC-2826. A communication from the Sec- votes of the two Houses on the amend- to authorize certain construction at military rotary of Energy, transmitting, pursuant to ments of the House to the bill (S. 347) Installations for fiscal year 1993, and for law, the annual report entitled "Fifteenth entitled "An act to amend the Defense other purposes; to the Committee on Armed Report to Congress: Comprehensive Program Services. and Plan for Federal Energy Education, Ex- Production Act of 1950 to revitalize the EC-2816. A communication from the Gen- tension, and Information Activities: Annual defense industrial base of the United eral Counsel of the Department of Defense, Revisions"; to the Committee on Energy and States, and for other purposes": transmitting, a draft of proposed legislation Natural Resources. From the Committee on Banking, Fi- to amend Chapter 47, title 10 (the Uniform EC-2827. A communication from the Sec- nance and Urban Affairs, Mr. SCllUMER Code of Military Justice), to Improve the rotary of Energy, transmitting, pursuant to is appointed in lieu of Mr. VENTO for quality and efficiency of the military justice law, the annual report on the clean coal consideration of title IV of the Senate system; to the Committee on Armed Serv- technology demonstration program for cal- ices. endar year 1991; to the Committee on Energy bill. EC-2817. A communication from the Direc- and Natural Resources. The panel from the Committee on the tor of Administration and Management, Of- EC-2828. A communication from the Ad- Judiciary is also appointed for consid- fice of the Secretary of Defense, transmit- ministrator, General Services Administra- eration of section 135 of the Senate bill. ting, pursuant to law, a report on the con- tion, transmitting, pursuant to law, a report Additionally, Mr. FRANK of Massachu- solidation of the Military Departments' FY of building project survey for Orlando, Flor- setts is appointed in lieu of Mr. CON- 1991 unit exchange of training and related ida; to the Committee on Environment and YERS. support between the United States and For- Public Works. eign Countries; to the Committee on Armed EC-2829. A communication from the Assist- Services. ant Secretary of the Army (Civil Works), MEASURES PLACED ON THE EC-2818. A communication from the l)Direc- transmitting, a draft of proposed legislation CALENDAR tor of the Office of Management and Budget, to authorize the imposition of certain recre- Executive Office of the President, transmit- ation user fees at water resources develop- The following concurrent resolution ting, pursuant to law, the annual report on ment areas administered by the Department was read, and ordered placed on the United States Costs in the Persian Gulf Con- of the Army; to the Committee on Environ- calendar: flict and Foreign Contributions to Offset ment and Public Works. Such Costs; to the Committee on Armed EC-2830. A communication from the Sec- II. Con. Res. 292. A concurrent resolution Services. expressing the sense of the Congress retary of Labor, transmitting, a draft of pro- with re- EC-2819. A communication from the Direc- spect to United States participation In the posed legislation to amend the Employee Re- United Nations Conference on Environment tor of the Defense Mapping Agency, trans- tirement Income Security Act of 1974, the In- and Development (UNCED). mitting, pursuant to law, a report on the ternal Revenue Code of 1986, and title 11, Agency's plan:: to study the potential con- United States Code; to improve pension plan version from partial in-house performance to funding; to limit growth in Insurance expo- EXECUTIVE AND OTHER full commercial contract of custodial serv- sure; to protect the singlo-employer plan ter- ices functions; to the Committee on Armed mination insurance program by clarifying COMMUNICATIONS Services. the status of claims of the Pension Benefit The following communications were EC-2820. A communication from the Assist- Guaranty Corporation and the treatment of laid before the Senate, together with ant Secretary of State (Conservation and Re- pension plans In bankruptcy proceedings; accompanying papers, reports, and doc- newable Energy), transmitting, pursuant to and for other purposes; to the Committee on uments, which were referred as indi- law, notice in relative to the submission of Finance. the annual report on Electric and Hybrid Ve- EC-2831. A communication from the Assist- cated: hicles Program; to the Committee on Com- ant Legal Adviser for Treaty Affairs, Depart- EC-2812. A communication from the Direc- merce, Science, and Transportation. ment of State, transmitting, pursuant to tor of the Office of Management and Budget, EC-2821. A communication from the Sec- law, a report on international agreements Executive Office of the President, transmit- retary of Transportation, transmitting, pur- other than treaties entered Into by the Unit- ting, pursuant to law, a cumulative report suant to law, a report on the Secretary's ac- ed States in the sixty day period prior to on rescissions and deferrals dated March 10, tions with respect to Ezelza International March 12, 1992; to the Committee on Foreign 1992; pursuant to the order of January 30, Airport, Buenos Aires, Argentina; to the Relations. 1975, as modified by the order of April 11, Committee on Commerce, Science, and EC-2832. A communication from the Assist- 1986; referred jointly to the Committee on Transportation. ant Secretary of State (Indian Affairs), Appropriations, the Committee on the Budg- EC-2822. A communication from the Dep- transmitting, pursuant to law, a report on et, the Committee on Agriculture, Nutrition, uty Associate Director for Collection and certain unclaimed funds designated for per and Forestry, the Committee on Banking, Disbursement, Minerals Management Serv- capita payments; to the Select Committee Housing, and Urban Affairs, the Committee ice, Department of the Interior, transmit- on Indian Affairs. on Environment and Public Works, the Conm- ting, pursuant to law, a report on the refund EC-2833. A communication from the Sec- mittee on Finance, and the Committee on of certain offshore lease revenues; to the retary of Veterans Affairs, transmitting, a Foreign Relations. Committee on Energy and Natural Re- draft of proposed legislation to amend title EC-2813. A communication from the Ad- sources. 38, United States Code, to make permanent ministrator of the Farmers Home Adminis- EC-2823. A communication from the Dep- the authority to collect reimbursement from tration, Department of Agriculture, trans- uty Associate Director for Collection and health insurers and others for non-servico- mitting, pursuant to law, the annual report Disbursement, Minerals Management Serv- connected care provided to service-connected on the use of private attorneys contracted to ice, Department of the Interior, transmit- veterans; to the Committee on Veterans' Af- perform certain legal actions taken In con- ting, pursuant to law, a report on the refund fairs. March 18, 1992 CONGRESSIONAL RECORD-SENA`rE 5967 EXECUTIVE REPORTS OF By Mr. COATS: On February 28, 1992, we convened COMMITTEE S. 2371. A bill to establish a computer edu- hearings before the Finance Sub- cation program for certain students; to the The following executive reports of Committee on Labor and Human Resources. committee on Social Security and committee were submitted: By Mr. LEAHY (for himself, Mr. Family Policy to hear testimony on an By Mr. KENNEDY, from the Committee on LUOAR, Mr. PIRYOR, Mr. DOLE, Mr. investigation into the alleged wide- Labor and Human Resources: BOREN, Mr. HELMS, Mr. HIEFLIN,Mr. spread theft and sale of personal and Janelle Blook, of Wisconsin, to be a mem- CONRAD,Mr. COCHRAN,Mr. MCCON- private records maintained by the So- ber of the National Advisory Council on Edu- NELL, Mr. FOWlER, Mr. CRAIO, Mr. cial Security Administration. cational Research and Improvement for a DASCIILE, Mr. SEYMOUR, Mr. BAUCUS, Mr. President, this is a very disturb- term expiring September 30, 1994. Mr. GRASSLEY, Mr. ADAMS, Mr. ing matter. Private firms, so-called in- George C. White, of Connecticut, to be AKAKA, Mr. BENTSEN, Mr. BOND, Mr. formation brokers, have allegedly member of the National Council on the Arts BREAUX, Mr. BURDICK, Mr. BURNS, Mr. for a term expiring September 3,1990. CRANSTON, Mr. COATS, Mr. D'AMATO, bribed Social Security Administration Ian M. Ross, of New Jersey, to be a mem- Mr. DIXON, Mr. DOMENICI, Mr. DUREN- employees to steal personal records of ber of the National Science Board, National HIROER, Mr. EXON, Mr. FORD, Mr. individuals from the Agency's comput- Science Foundation, for a term expiring May GORTON,Mr. HATCIH,Mr. IHOLLINOS,ers for the purpose of selling the infor- 10, 1998. Mr. JEFFonns, Mr. JOHNSTON, Mrs. mation to interested buyers. Such buy- (The above nominations were re- KASSEHAUM, Mr. KASTEN, Mr. KOHL, ers apparently include private inves- ported with the recommendation that Mr. LEVIN, Mr. MACK, Mr. MURKOW- tigators, prospective employers, law- the nomination be confirmed SKI, Mr. NUNN, Mr. PRESSLER, Mr. yers, insurance companies, and others subject to REID, Mr. SANFORD, Mr. SHELhY, Mr. the nominee's commitment to respond SPECTER, Mr. WALLOP, Mr. WARNER, interested in obtaining, for whatever to requests to appear and testify before Mr. WOFFORD, Mr. KENNEDY, Mr. purpose, someone else's Social Secu- any duly constituted committee of the THURMOND), Mr. LAUTENBERO, Mr. rity number and employment and earn- Senate.) INOUYE, and Mr. MITCHEILL): ings history. S.J. Res. 272. A joint resolution to pro- The results of the investigation to claim March 20, 1992, as "National Agri- date are all the more disturbing be- INTRODUCTION OF BILLS AND culture Day"; to the Committee on the Judi- cause the scam does not appear to be JOINT RESOLUTIONS ciary. an isolated case, or limited to a par- The following bills and By Mr. SEYMOUR (for himself, Mr. ticular part of the country. The FBI joint resolu- STEVENS, Mr. SHIIEILY, Mr. ADAMS, tions were introduced, read the first Mr. LAUTENBERO, Mr. COATS, Mr. has arrested at least 18 people in 10 and second time by unanimous con- COCHRAN, Mr. IIEFI,IN, Mr. DOLE, Mr. States in connection with the inves- sent, and referred as indicated: D'AMATO, Mr. JOHNSTON, Mr. KASTEN, tigation, and Social Security Adminis- By Mr. MOYNIIIAN: Mr. CRAIG, Mr. BURNS, Mr. DASCHLE, tration employees in four States have S. 2364. A bill to amend title XI of the So- Mr. MACK, Mr. DECONCINI, Mr. DODD, recently been indicted. cial Security Act to increase the penalties Mr. MURKOWSKI, Mr. DURENBEROER, One company in Tampa, FL, was so for unauthorized disclosure of private social Mr. RIEOLE, and Mr. SYMMS): bold as to send out promotional bro- security information, and for other purposes; S.J. Res. 273. A joint resolution to des- chures ignate the week commencing June 21, that boasted instant access to to the Committee on Finance. 1992, confidential By Mr. NICKLES: as "National Sheriffs' Week"; to the Com- computer data on vir- S. 2365. A bill to amend title XVIII of the mittee on the Judiciary. tually anyone in the country. One such Social Security Act to repeal the reduced By Mr. DODD (for himself, Mr. KEN- brochure came into the hands of inves- medicare payment provision for new physi- NEDY, Mr. ADAMS, Mr. CRANSTON,and tigators in the Atlanta regional office cians; to the Committee on Finance. Mr. DECONCINI): of the inspector general of the Depart- By Mr. COATS (for himself and Mr. S.J. Res. 274. A joint resolution to des- ment of Health and Human Services. SEYMOUR): ignate April 9, 1992, as "Child Care Worthy These investigators, together with the S. 2366. A bill to provide for coverage of Wage Day"; to the Committee on the Judici- ary. FBI, commenced one of the Govern- Congress under Federal civil rights and em- ment's most concerted ployment laws, and for other purposes; to the efforts to date Committee on Governmental Affairs. to crack down on the newly emerging By Mr. RIEGLE (for himself, Mr. SUBMISSION OF CONCURRENT AND information broker industry. The in- DASCIIIE, Mr. KERREY, Mr. IIARKIN, SENATE RESOLUTIONS vestigation appears to involve the larg- Mr. CONRAD, Mr. WELLSTONE, Mr. The following concurrent resolutions est case ever of theft from Government LEVIN, and Mr. HEFLIN): and Senate resolutions were read, and computer files, and may well involve S. 2367. A bill to amend the Agricultural the most serious threat to individual Act of 1949 to remove the requirement that referred (oracted upon), as indicated: By Mr. MITCHELL (for himself and Mr. privacy in modern times. the Secretary of Agriculture charge a loan Mr. President, throughout the his- origination for a crop of oilseeds, and for DOLE): other purposes; to the Committee on Agri- S. Res. 272. A resolution to make technical tory of the Social Security program we culture, Nutrition, and Forestry. corrections to Rule XXV of the Standing have sought to ensure the absolute pri- By Mr. HELMS: Rules of the Senate; considered and agreed vacy and confidentiality of the per- S. 2368. A bill to increase the criminal pen- to. sonal information maintained by the alties and add civil penalties applicable for Social Security Administration. This transporting or importing goods made by agency maintains records on 200 mil- convicts or prisoners, and for failure to mark STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS lion Americans. This information in- packages made by convicts or prisoners, and cludes a person's Social Security num- for other purposes; to the Committee on Fi- By Mr. MOYNIHAN: ber, full name, place of birth, date of nance. S. 2364. A bill to amend title XI of the By Mr. AKAKA: birth, names of both parents, names of S. 2369. A bill to amend section 7101 of title Social Security Act to increase the current and past employers, and a com- 38, United States Code, to provide for the re- penalties for unauthorized disclosure of plete earnings history. It is of the ut- classification of members of the Board of private social security information, most importance that we keep the Veterans' Appeals and to ensure pay equity and for other purposes; to the Commit- promise made over a half century ago between those members and administrative tee on Finance. to keep this personal information pri- law judges; to the Committee on Veterans SOCIAl SECURITY PRIVACY PROTECTION ACT vate to the maximum extent possible. Affairs. * Mr. MOYNIHAN. Mr. President, I rise One of the issues addressed by wit- By Mr. DOMENICI (for himself, Mr. today to introduce legislation to nesses at our hearing BOND, and Mr. MOYNIHAN): was the question S. 2370. A bill to restore obligation author- strengthen criminal penalties in the of statutory penalties for the unau- ity authorized in the Intermodal Surface Social Security Act against the unau- thorized disclosure of this private data. Transportation Efficiency Act of 1991; to the thorized disclosure of private Social Provisions of title 18 of the United Committee on Labor and Human Resources. Security data. States Code make it a felony to bribe 5968 CONGRESSIONAL RECORD-SENATE March 18, 1992 public officials or reveal confidential (C) by striking "one year" and Inserting "6 central to the relationship of individuals and tax data. Offenders may be punished by years". their government. And as our society be- to 5 years Imprisonment. These are (2) UNAUTHORIZED DISCLOSURE BY FRAUD.- comes more computerized, that threat is up Section 1107(b) of such Act (42 U.S.C. 1307(b)) likely to grow, not diminish.. the laws the U.S. attorneys in this case is amended- are using to prosecute the accused. (A)by inserting "social security account By Mr. RIEGLE (for himself, Mr. The Social Security Act also includes number," after "information as to the"; DASCHLE, Mr. KERREY, Mr. HAR- provisions against the unauthorized (B)by striking "misdemeanor" and insert- KIN, Mr. CONRAD, Mr. WELL- disclosure of private data maintained ing "felony"; STONE, Mr. LEVIN, and Mr. HEF- by the Social Security Administration, (C) by striking "$1,000" and inserting LIN): but these provisions make the offense a "$10,000 for each occurrence of a violation"; S. 2367. A bill to amend the Agricul- misdemeanor punishable by up to one and (D)by striking "one year" and inserting "5 tural Act of 1949 to remove the require- year imprisonment, or a fine not ex- years". ment that the Secretary of Agriculture ceeding $1,000, or both. (b) EFFECTIVE DATE.-The amendments charge a loan origination for a crop of Mr. President, I consider it appro- made by this section shall become effective oilseeds, and for other purposes; to the priate that the Social Security Act in- on the date of enactment of this act. Committee on Agriculture, Nutrition, clude penalties specific to the unau- and Forestry. thorized disclosure of the private infor- [From the Buffalo News, Mar. 5,1992] REMOVAL OF LOAN ORIGINATION FEE FOR mation maintained by the Social Secu- KEEP SOCIAL SECURITY PRIVATE-STIFFEN OILSEEDS rity Administration on 200 million PENALTIES FOR REVEALINO PEOPLE'S RECORDS * Mr. RIEGLE. Mr. President, I rise Americans. But I think these penalties Computerization brings problems along today along with seven of my col- must be strengthened. We must make with efficiency and one area that needs care- leagues to introduce legislation to re- it very clear that such disclosure is ful protection is privacy. It's alarming to move the mandatory 2-percent soybean considered a very serious infraction, hear that Social Security records are not as and oilseeds loan origination fee in- and must provide penalties severe confidential as everyone thought they were. cluded in the Omnibus Reconciliation enough Testimony at a recent congressional hear- to serve as a serious deterrent. ing showed a fairly widespread pattern of un- Act [OBRA] of 1990. The origination fee Accordingly, this bill would amend the authorized, illegal disclosure of Social Secu- was included in the 1990 Reconciliation Social Security Act to make the im- rity records by federal employees. Fastbuck Act to reduce Government expendi- proper disclosure of Social Security artists broker the information-a person's tures without destroying the benefits data a felony punishable by imprison- earnings history, say, or the names and ad- of the soybean marketing loan pro- ment of up to 5 years, or a fine of up to dresses of present and past employers, even gram. However, it is clear this ap- $10,000 for each occurrence of a viola- some bank account numbers-by obtaining proach has failed because fewer produc- tion-that is, for each individual Social the data from the government workers with ers have participated and less revenues Security disclosure-or both. access to it and then selling it to private cli- have been gathered by the Federal Gov- I wish to commend the diligent ef- ents for a heflty profit. Sometimes those Insidious brokers get the ernment. forts of those employees of the Social information by tricking Social Security em- Originally, the 1990 farm bill in con- Security Administration and the Office ployees. Sometimes they bribe them. junction with the OBRA of 1990 estab- of the Inspector General at the Depart- It is clear that the testimony, in a session lished a minimum $5.02 loan rate per ment of Health and Human Services conducted by Sen. Daniel Patrick Moynihan, bushel and loan deficiency payments who uncovered and investigated this D-N.Y., chairman of a key subcommittee on for 1991 to 1995. Under the OBRA of scandal. I know the Commissioner of Social Security, isn't based on some Orwell- 1990, soybean and oilseed farmers who Social Security finds this matter as lan fantasy. A federal Investigation by the borrow from the USDA under the loan disturbing as we all do and will take FBI and others has so far resulted in indict- program are required to pay a 2-per- ments, both of federal employees and out- steps to ensure that Social Security siders. In 10 states. cent loan origination fee. This effec- employees are aware of the con- Since 1983, 70 Social Security employees tively resulted in a 10-cent cut in the sequences of such infractions. We can have been convicted, according to the testi- loan rate, making the actual rate at help in this task by providing for stiff- mony, of illegally disclosing such data. Two $4.92 per bushel. er penalties and stronger deterrents in months ago in Tampa, Fla., two executives Since the passage of OBRA of 1990, the Social Security Act against the un- of a private information firm pleaded guilty the 2-percent origination fee has sig- authorized disclosure of private Social to participating in a conspiracy to sell So- nificantly discouraged farmers from Security information. cial Security records. participating in the loan program. Par- Mr. President, I ask unanimous con- "Here we have a large-scale invasion of the ticipation in the program has dropped sent that there be printed in the Social Security system's confidentiality," more than 30 points over the previous Moynlhan said. "It's not a one-time event. RECORD at the conclusion of these re- We have a new situation here." 5-year period and revenues have been marks the text of the bill and an edi- New-and dangerous. These sleazy brokers generated at a far slower pace than an- torial on this issue from the Buffalo invade and violate individual privacy. Their ticipated. The unintended result will be News of March 5, 1992. racket compromises the government's Integ- to eventually lower prices and reduce There being no objection, the mate- rity. Their success taints a tacit contract be- income protection during low-price pe- rial was ordered to be printed in the tween American workers and their national riods. RECORD, as follows: government. The legislation I am introducing S. 2365 One policy Issue here is whether existing today contains an offset, which until Be it enacted by the Senate and House of Rep- law is strong enough to combat and deter now has been the main reason Congress resentatives of the United States of America in these abuses. It may be possible to convict has not removed this origination fee. Congress assembled, those who abuse the system of bribery, a fel- ony under Title 18of the U.S. Code. The FBI The legislation my colleagues and I are SECTION 1.SHORT TITLE. introducing requires farmers to repay This Act may be cited as the "Social Secu- and other investigators and prosecutors are pursuing this course. the loan during the same fiscal year in rity Privacy Protection Act of 1992". which the oilseeds are placed under SEC. 2. INCREASED PENALTIES FOR UNAUTHOR- However, the federal privacy act that gov- IZED DISCLOSURE OF SOCIAL SECU- erns the unauthorized disclosure of confiden- loan. Currently, the loan program per- RITY INFORMATION. tial information makes that breach only a mits oilseeds producers to repay a loan (a) IN GENERAL.- misdemeanor, not a felony. at anytime within 9 months of placing (1) UNAUTHORIZED DISCLOSURE.-Section The law governing illegal disclosures of the commodity under loan, which may 1106(a) of the Social Security Act (42 U.S.C. Social Security facts and figures should be result in carrying over the loans into 1306(a)) is amended- strengthened. Unauthorized disclosure (A)by striking "misdemeanor" and insert- should become a felony. Otherwise, cases of the next fiscal year, resulting in addi- ing "felony"; such disclosure where bribery cannot be tional cost in the year the loan is (B) by striking "$1,000" and inserting proved elude the stiffer felony punishments. made. Requiring payment in the same "$10.000 for each occurrence of a violation"; Peddling private records for profit is too year the loan is made eliminates the and basic an injury to personal privacy. It is too cost. March 18,1992 CONGRESSIONAL RECORD-SENA'rE 5969 Mr. President, soybean producers in loan at any time within 9 months of effective marketing tool if producers Michigan need the relief from the placing the commodity under loan. The are using it. It is clear more soybean origination fees provided under this resulting carryover of outstanding growers are choosing not to use it. And legislation. I urge my colleagues to loans from one fiscal year to another I am concerned that producers of other join us in supporting this legislation accounts for the costs that have been oilseed crops may follow suit. and working for its passage. I ask for attributed to the loan program. Fur- In crop year 1990, North Dakota led unanimous consent that the text of the thermore, requiring repayment of the the Nation in the production of sun- bill be printed in the RECORD. loans within the same fiscal year they flower and flaxseed, accounting for 68 There being no objection, the bill was are taken out would not be a signifi- percent and 92 percent of the Nation's ordered to be printed in the RECORD, as cant burden on producers because they production respectively. That year, in follows: would still have up to a full year to my State alone, we harvested 15 mil- S. 2367 take advantage of the loan. lion hundredweight of sunflowers and 3 Be it enacted by the Senate and House of Rep- Commodity loan programs are de- million bushels of flax. Soybean pro- resentatives of the United States of America in signed to give cash-strapped producers duction totaled 12.8 million bushels. Congress assembled, time to market their crops so that To continue producing oil crops at SECTION 1. REMOVAL OF LOAN ORIGINATION they can competitive levels and at a profit, oil- FEE FOR OILSEEDS. sell them at a time of year when prices are high, rather than at seed producers in my State and others (a)IN GENERAL.--Section 205 of the Agri- need access to a marketing loan pro- cultural Act of 1949 (7U.S.C. 1446f) Is amend- harvest time when prices are typically ed- at the lowest level of the year. The ad- gram that provides the flexibility nec- (1)by striking subsection (m);and ditional costs imposed by the origina- essary to market wisely. We have the (2)by redeslgnating subsection (n)as sub- tion fee are discouraging thousands of program. It was implemented by the section (m). producers from participating in the 1990 farm bill. The key is access. Elimi- (b) LOAN MATURIiTY.--Section 205(h) of such nating the loan fee would eliminate Act Is amended by striking "on the last day loan program. The origination fee must be repealed if the loan program is to much of the ambivalence toward the of the 9th month following the month tile ap- program. The program could then work plication for" and Inserting "September 30 function as intended.* following the date". * Mr. CONRAD. Mr. President, today I as it was intended-as an affordable (c) CRors.-The amendments made by this am very pleased to join my colleagues marketing tool for oilseed producers. section shall be effective only for the 1992 in introducing legislation that not only At the same time, our bill provides ac- through 1995 crops of oilseeds.* eliminates the loan origination fee re- countability in requiring an offset. The * Mr. DASCHLE. Mr. President, today quired on all oilseed loans taken out by legislation requires that oilseed loans I join with several of my colleagues to producers, but does so without nega- be repaid before the end of the fiscal introduce legislation that repeals the tively impacting the budget. year in which they are secured. The net organization fee levied against produc- The oilseeds loan origination fee was effect is zero budget impact. Mr. Presi- ers of oilseeds who participate in the implemented as part of the Omnibus dent, I enthusiastically join my col- Federal Commodity Loan Program. Budget Reconciliation leagues in sponsoring this legislation.* Act of 1990. * Mr. HARKIN. The Omnibus Budget Reconciliation Billed as a budget deficit reduction Mr. President, I am Act of 1990 instituted a number of fees pleased to cosponsor this legislation to tool, the 2 percent fee is deducted from eliminate the 2-percent loan origina- and assessments on agricultural pro- a farmer's loan deficiency payment. ducers in an effort to reduce Govern- tion fee on Commodity Credit Corpora- Soybean producers as well as those of tion marketing loans on oilseeds. One ment expenditures. The origination fee the six minor oilseed crops-sun- for oilseed marketing loans is one such flowers, of the most important reasons for my flax, canola, rapeseed, saf- vote against the 1990 Omnibus Budget fee that was imposed, but has burdened flower, and mustard-are assessed. producers and undermined Reconciliation Act was the large cut in the loan Mr. President, keep in mind that the commodity programs that it required. program itself. We urge support for the marketing loan program was author- Perhaps the most irksome and perplex- elimination of the origination fee so ized for oilseed producers effective crop ing aspect of that measure for farmers that the loan program can be a more year 1991, in part, to help fight extraor- is the oilseed loan origination fee. effective income management tool for dinarily high subsidies in the European The greatest impact of the origina- oilseed producers. Community and to reestablish the tion fee has been on soybean producers. Since the oilseed origination fee was United States as the premier oilseed The loan rate for soybeans is $5.02 a imposed, participation in the loan pro- producing Nation. Prior to 1991, minor bushel, and that is what farmers could gram for soybeans has dropped 31 per- oilseed crops had no type of loan pro- reasonably think they would receive cent below the average for the preced- gram while soybean producers had a for pledging soybeans as collateral for ing 5 year period. This drop is attrib- general loan program. The bottom line the CCC marketing loan. After deduct- utable to the 10-cents-per-bushel origi- is that farmers haven't oven had a ing the 2-percent loan origination fee, nation fee, which can push the effective chance to try out the new marketing however, the loan proceeds to the farm- interest rate on a commodity loan up loan program, to benefit from the pro- er amount to only $4.92 a bushel. That as high as 30 percent, depending on how gram, and they have already been dis- is bad enough, but the real kicker is long the oilseed is kept under loan. couraged from participating by the fee. that the farmer must repay the loan at Consequently, the fee is raising sub- I believe the origination fee has dis- the full $5.02 rate plus interest. stantially less revenue than antici- couraged oilseed producers from utiliz- The oilseed marketing loan is meant pated, while at the same time it is dis- ing the marketing loan program and to provide short-term credit and allow couraging oilseed producers from using discouraged oilseed production in the farmers to delay marketing in order to the best tool they have to assist them U.S. Here's a brandnew program, with take advantage of higher prices that with the orderly marketing of their no proven record. Farmers may elect to may occur later in the marketing year. products. participate, a tough decision in any The origination fee negates much of Previous efforts to do away with the case, but the added consideration of a the benefit of the oilseed loan program origination fee have been unsuccessful users' fee may be enough to weigh by increasing the costs of taking out because they have failed to provide a against a farmer's decision to sign up. loans. Most farmers repay the loans be- budget offset. Our bill would offset the A case in point is soybean produc- fore the end of the 9-month loan term, projected cost of eliminating the origi- tion. In 1991, we witnessed participa- and with the added cost of the origina- nation fee by requiring producers to tion in the loan program drop well tion fee, the earlier the repayment, the repay the loan (luring the same fiscal below the previous 5 year average. higher the effective interest rate-as year in which the oilseeds are placed While the loan program was designed high as a 30-percent effective annual under loan. Currently, the loan pro- to provide farmers with more market- interest rate on a loan outstanding for gram allows producers to repay the ing flexibility, it can only serve as an 1month. 5970 CONGRESSIONAL RECORD-SENATE March 18, 1992 It is thus little wonder that use of types of appeals regardless of their In the formality, length and complexity of the soybean marketing loan for the complexity. For example, they must our decisional documents. While we ac- 1991 crop has fallen off 31 percent from possess a capacity for analysis and ar- knowledge that the current decisions are the average for the preceding 5-year pe- ticulation and the ability to balance more expansive and intellectually rigorous, these advantages have been gained at a riod. As a consequence, the revenue important and conflicting consider- price. raised by the origination fee has also ations. They must have command of ju- The Board now effectively writes decisions fallen far below expectations, thus dicial practice and the ability to assure for the court rather than the appellant since greatly impairing its effectiveness in a fair hearing. They must have both in- any decision may be subject to appeal. To reducing program outlays. depth understanding of VA procedure satisfy the Court that our decision contains Moreover, the burden of the loan and of the impact of ordering examina- adequate "reasons and bases" the Board origination fee, as is so often the case tions or hospitalizations. He or she made a fundamental shift in its decision with such contrivances, falls most must be at ease in guiding research and writing effective November, 1991. The new citation of medical texts or in prepar- format demands a decision of substantially heavily on those who can least afford greater length that Interleaves the evidence to bear it. Simple economics would dic- ing a controversial or complex medical and the law and regulations. Citations to tate using commercial credit-espe- question for review by an expert from Court decisions are mandatory; citations to cially for short-term financing-rather within or without the Department. advanced medical texts or treatises are com- than suffer the high costs of using the Because of varied and specialized re- monplace. Many cases entail a discussion of CCC marketing loan. But farmers who quirements associated with the job, a very sophisticated procedural analysis in- are just starting out, or who have had BVA members are necessarily selected volving claims reopened after prior adjudica- a bad year, have a harder time obtain- through a highly exacting, competitive tions tailored to a framework derived the ing credit and may well be forced ei- process. Reflecting the overriding need Court from language In the VJRA. We are confident that the resulting document is ther to sell at low harvest-time prices for individuals trained in BVA proce- equal to or surpasses the decisional docu- or bear the high costs of the loan origi- dures and familiar with VA statutes, ments of any other administrative adju- nation fee. regulations, and practice, Members are dicated body in the subject matter and legal This bill is designed to offset the pro- usually chosen from the ranks of expe- complexity. Loss happily, we are also con- jected cost of eliminating the oilseed rienced staff counsels to the Board sec- fident that many decisions, if not most, are loan origination fee by requiring repay- tions. now Inaccessible to the average appellant. ment of the loans in the same fiscal VETrERANS' JUDICIAL IEVIIW AC' OF 1988 Not surprisingly, the changes dedicated by year that the loan is taken out. The work of the BVA, while always the Court and the VJRA have very materi- The oilseed loan origination ally slowed the productivity of the Board. In fee was a difficult, has grown in complexity and Fiscal Year 1991, the Board issued about bad idea from the beginning, and I urge volume over the years. From 1984 to 43,000 decisions. For the first quarter of Fis- my colleagues to join now in support- 1991, with one exception, the BVA aver- cal Year 1992, the Board produced over 8,000 ing this legislation to eliminate it.* aged more than 40,000 cases decided an- decisions. On an annual basis, that would nually. However, during this same pe- generate about 33,000 decisions for the year. By Mr. AKAKA: riod, processing time jumped from 132 During that quarter, however, the now for- S. 2369. A bill to amend section 7101 days in 1984, 186 in 1990, and 160 in 1991. mat was in effect for only two months. The of title 38, United States Code, to pro- This year, judging from the first quar- figures for January 1992 continue to chart a vide for the reclassification of mem- decline in productivity. At this time, the es- ter statistics, the number of BVA deci- timates of the Board Members for our ulti- bers of the Board of Veterans' Appeals sions will drop drastically, to as little and to ensure pay equity between mate production for Fiscal Year 1992 range those as 25,000. This would be a significant from approximately 25,000 to 32,000. members and administrative law reduction in itself, but is doubly so This sharp decrease in overall productivity judges; to the Committee on Veterans' when one considers the fact that the has been coupled with a sharp decline in the Affairs. BVA is now operating with a full com- number of decisions that reach the merits. IIECLASSIFICATION AND PAY OF MEMBnKIESIOF plement of members for the first time The Court has crafted an extraordinarily 'TH1'EHOARl) OF VTrEKIANS' A'PPIALS. in years. This decline in caseload and broad and still expanding "duty to assist" * Mr. AKAKA. Mr. President, I am the claimant In developing his claim upon promptness can only be attributed to the Department from language In the VJRA. today introducing legislation that passage of the Veterans' Judicial Re- would This "duty" Is by far the major driving force ensure that members of the view Act [VJRA] of 1988, Public Law that has propelled the Board from a remand Board of Veterans' Appeals [BVA] are 100-687, which created a new Federal rate that historically was always less than compensated at the same rate as ad- court of jurisdiction, the U.S. Court of twenty percent to a rate that has crossed ministrative law judges [ALJs], their Veterans Appeals, exclusively to re- fifty percent and Is still climbing. functional peers in other Federal agen- view final decisions of the BVA. The marked decline in productivity and cies. A similar bill has been introduced Richard B. Frank, president of the the sharp increase In remands will inflict se- in the House by Representative MIKE Board of Veterans' Appeals Profes- rious damage on the processing time for all BILIRAKIS of Florida. appeals. In round numbers, during Fiscal sional Association, cogently summa- Year 1991, the Board reached the merits of T'IIEHOARD OF VE'1T'IANS' AP'IPAI.S rizes the adverse affect of judicial re- the Issues on appeal in about 34,000 of 43,000 Mr. President, the BVA is the highest view on the Board's work in a recent cases. At that time the Board's processing adjudicatory body within the Depart- letter to me: time, which recently had ranged as high as ment of Veterans Affairs. Each year, By far the most significant event in the about 180 days, hovered around 150 days. on average, the Board renders decisions Board's history since its creation in 1933 was Based upon current trends for Fiscal Year on 40,000-plus appeals for benefits the Veteran's Judicial Review Act of 1088. 1992, even if the Board Issues 33,000 decisions, claims. These cases span the range of Although the act Is popularly thought of as only half will reach the merits of the Issues veterans' benefits, including claims for only granting veterans "a lay In court" at on appeal. This means the number of deci- the United States Court of Veterans Appeals sions reaching the merits will be only half of entitlement to service connection, in- after the VA adjudication process is com- what It was the year before, from Its already creased disability ratings, total dis- plete, In fact, the VJRA also permitted the high levels. Board Members are keenly aware ability ratings, pensions, insurance Court to mandate radical changes in the ad- of what this means to appellants, but we benefits, educational benefits, home Judication process. have no recourse under Judicial review. loan guarantees, vocation rehabilita- Prior to the VJRA, the Board issued writ- Mr. President, Mr. Frank does not tion, and dependency and indemnity ton decisions designed to be accessible to a mention one other result of judicial re- compensation. veteran without legal, or indeed, college edu- view that has bearing on my legisla- The Board is comprised of 67 mem- cation. Those decisions reflected accurately a process that was Informal, nonadversarlal tion: the limitation of the terms of bers who sit on 21 three-member sec- and result oriented. The Court has grasped BVA Members to 9 years. Congress in- tions, which hold hearings in every VA the language Incorporated In the VJRA that cluded this term limitation provision jurisdiction across the Nation. Board the Board provide "reasons and bases" for its in the VJRA order to make BVA mem- members must be able to handle all decisions to dictate fundamental alterations bers more accountable for their ac- March 18,1992 CCONGRESSIONAL RECORD-SENA1rE 5971 tions. This is a reflection of the degree job security. But, Mr. President, a far coming months and years if the BVA is of importance Congress attached to more important issue than simple fair- allowed to become a backwater for these positions, for, to my knowledge, ness to our 67 BVA members is at Federal careerists. no other GS-15 level employee in Gov- stake: unless this situation is cor- Mr. President, the bill I am introduc- ernment is similarly restricted to a rected, the BVA-and by extension, the ing today would help ensure that veter- statutory term limit. This flip side of Nation's 27 million veterans-stands in ans claims are adjudicated by the most this is that, in conferring this honor on imminent danger of losing some if not knowledgeable individuals. As such, it BVA members and ALJ's are treated: all of its most qualified Members. Once would help prevent a further deteriora- while ALJ's enjoy elevated pay and again, I quote Richard Frank of the tion in the quality of BVA decisions status, without limitation on their BVA Professional Association: and the speed with which veterans' terms of office, BVA members suffer Within the last dozen years, no fewer than claims are adjudicated. Moreover, my from vastly increased responsibilities eight Board Members and six senior counsels bill is hardly a budget breaker-far while subject to the fear that they may have left the Board to become ALJs. This from it. According to the latest Con- not be reappointed after 9 years of would seem modest, if it were not for the gressional Budget Office estimate for dedicated service. fact that four of those occurred within the the House companion bill past two years andt four more current Board introduced FEDERAL PAY AcT OF 1990 Members and four senior counsels are now on by Congressman BILIRAKIS, this initia- Mr. President, as the foregoing sug- the list to become Social Security ALJs. It tive would cost VA only $5 million over gests, the natural evolution of BVA re- must be emphasized that this total rep- 5 years-a pittance when one considers sponsibilities, combined with the im- resents all of the Board Members, except that VA services and benefits total pact of judicial review, has rendered one, who over applied that that all of these more than $30 billion annually. the work of the Board vastly more dif- Individuals made this choice prior to the Thank you, Mr. President. I urge my ficult and onerous. In these cir- passage of the Pay Act. The one exception colleagues to support this legislation. arose from the fact that the Board Members Mr. President, I ask unanimous con- cumstances, VA faces great challenges so restricted her choices geographically that in recruiting and retaining qualified she never received an offer. sent that several letters relative to Board Members. Some uncertainty now surrounds exactly this legislation be printed in the Unfortunately, another development when the list to become Social Security RECORD. external to the Department has ALJs will reopen. Our current information is There being no objection, the letters compounded this problem and created a that the list will be reopened sometime in were ordered to be printed in the very real possibility that BVA ranks the first half of next year. At that time, at RECORD, as follows: least 38 of the current 44 attorney Board could be eviscerated. I am referring, of Members will be applying to got on the list SOCIAL SECURITY ADMINISTRATION, course, to the passage of the Federal to become Social Security ALJs. (The only OFFICE OF HEARINGS AND APPEALS, Pay Act of 1990, which, by making all reason all 44 will not apply is because it is June 10, 1991. administrative law judges in Federal CHARLES L. CRAOIN, currently understood that all ALJ positions Chairman,Board of Veterans' Appeals, Wash- service of equal grade, as part of the will be outside the Washington Metropolitan ington,DC. Senior Executive Service [SES], cre- area. Should ALJ positions within the met- DEAR MR. CHAIRMAN: I have Information ated for the first time a disparity in ropolitan area become available, the number which may be helpful to you. I was employed compensation between AI,J's of Board Members applying will increase). If by the Board as a staff attorney and senior and BVA they enjoy the success their predecessors members. have, there will be a massive loss of experi- attorney from June 1970 until November 1977, By elevating ALJ's to SES status, enced Board members and no reason to be- at which time I was appointed by Adminis- the Pay Act set them far apart from lieve that their replacements will not soon trator Cleland and approved by President BVA members, who continue Carter as an associate member. In April 1980 to be paid follow them to become ALJs. I resigned to accept an appointment as an at the GS-15 level. At current rates, an CONCLUSION Administrative Law Judge with the Depart- ALJ can make as much as $17,000 more Mr. President, if we continue to in- ment of Health, Education & Welfare, now than their BVA colleagues. Board sist on maintaining an artificial pay Health and Human Services. Since June 1980 members have had to stand idly by distinction between ALJ's and Board I have been Hearing Office Chief ALJ in while their nominal peers in other members, we stand to do a vast disserv- Shreveport, LA. This gives me a good per- agencies are paid higher salaries and ice not only to current and future BVA spective for comparison of the positions of admitted to the Federal Government's members, but also to the thousands of Board Member and ALJ. elite Succinctly stated, the differences are hard- executive ranks. veterans who appeal their claims to ly worth mentioning. The incumbent must Yet, it is clear that the duties and re- BVA each year. These men and women, be able to analyze and summarize in a sponsibilities of ALJ's and Board mem- who put their lives on the line for our decisional format the facts and governing bers are virtually identical in every country, at the very least deserve to legal criteria In a clear and concise fashion. important respect; indeed, some would have their cases heard by the most The decisional formats are quite similar. oven argue that the work of BVA mem- qualified personnel in the most expedi- There must be an evaluation of the credibil- bers is even more difficult and complex tious fashion. If morale among BVA ity of witnesses and probative value of docu- than that of many if not all ALJ's. members becomes as low as we predict, mentary and other evidence, in addition to Mr. President, I have in my hand let- and leads to a continuing exodus of our an adequate understanding of all legal, medi- tors from three distinguished cal ant other technical factors which bear on adminis- best and brightest, the BVA will be- the assurance of a fair hearing. trative law judges who support my con- come an attorney's dumping ground, a The decisions must take into account fed- tention that the work of ALJ's and second-rate body that will produce sec- eral, state and occasionally foreign statutes Board members is nearly indistinguish- ond rate decisions, increase the number and regulations, as well as court decisions. able and therefore merits equal pay. of cases remanded by the Court of Vet- There is virtually no substantive review or What makes their comments note- erans Appeals, and inflate the time it supervision beyond the traditional review on worthy is that all three judges are also takes for a veteran to have his or her appeal under the substantial evidence cri- former members of the teria. The decisions are completely inde- Board of Veter- claim decided. In short, as is always pendent and final, and are issued to the par- ans' Appeals and thus in a position to the case when we try to cut corners, ties in the name of the member or ALJ. The comment intelligently on this matter. veterans and their families will be the issues may be quite simple or enormously I ask that their letters be printed in ones to suffer most. All of us in this complex. The authority to make and publish the record following my remarks. chamber have had to intervene at one decisions derives from direct delegation by T'ALENT'ILIoIHT time or another on behalf of dozens, the Secretary of the Department, and Inde- What is the upshot of judicial review hundreds, perhaps thousands of veter- pendence Is absolute. and Previously developed evidence and the va- the Federal Pay Act? In a word: in- ans who have asked for assistance in lidity of previous adjudicative processes by equity. BVA members are doing more resolving a claims problem with VA. I the agency must be reviewed. Conflicts in work today than in the pre-judicial re- promise my colleagues that these re- the record must be resolved. Credibility of view era, for the same pay and for less quests will rise dramatically in the both lay and expert witnesses must be ap- 5972 CONGRESSIONAL RECORD-SENAT E March 18, 1992 praised and oral argument and briefs consid- I began as an Assistant Messenger after High I would be happy to visit with you and dis- ered. The examinations must be controlled. School, went to night school, served in the cuss this matter in greater detail if you Findings of fact and conclusion of law are Army for 4 years during WW II, returned to should so desire. made. Attorney fee arrangements must be the VA as an Adjudicator and quickly Sincerely, approved by appropriate order. A comparison switched to the Board of Veterans Appeals In CIIARLES K. CHAPLIN.. of the position descriptions will highlight mid-1916, where I remained until 1972. At the parallels. I really can't think of a sub- that time I was a Chief Associate Member. I By Mr. DOMENICI (for himself, stantive difference. I became an ALJ based left to become an Administrative Law Judge Mr. BOND, and Mr. MOYNIHAN): almost exclusively on qualifying experience with the Occupational Safety & Health Re- S. 2370. A bill to restore obligation with the Board, and was eligible at both the view Commission, where I was appointed the authority authorized in the Intermodal GS 15 and 16 level. Commission's first Chief ALJ. I retired from Surface Transportation Efficiency Act Should the need arise I would enjoy dis- federal service In 1980. of 1991; to the Committee on Labor and cussing this matter with you in person. Con- I always felt that the work of the Associ- Human Resources. tacts with old friends at the Board Indicate ate Members was not fully appreciated out- that the operation continues to prosper side the Board and this thought was rein- RESrTORATION OFIIIOIIWAY OnBlOATION under your leadership. forced when I become more fully aware of Mr. DOMENICI. Mr. President, I be- Sincerely, the scope of the work of ALJs. lieve that the debate about the infa- W. THOMAS BUNDY, Some of the comparisons that come quick- mous Brooklyn courthouse has gone on U.S. Administrative Law Judge. ly to mind are: long enough. There seems to be uni- Both ALJs and Associate Members make form consensus that we need to restore SOCIAl SECURITY ADMINISTRATION, and issue decisions for their Departments, this $1 billion which was taken from OFFICE OF HEARINGS ANDAPPEALS, Boards, Commissions, etc., but with one in order to ac- Raleigh, NC, July 23,1991. 1992 highway obligations marked difference. The ALJs decisions are commodate the mandatory nature of CHARLES L.CRAOIN, subject to review (revision, reversal or con- Chairman, Board of Veterans Appeals, Wash- this courthouse project. firmation), whereas the BVA decisions issue a time some are advocating sup- ington, DC. without review as the final decision of the At DEAR MR. CIIAOIN: There has recently come VA. plemental appropriations to increase to my attention a proposal to reclassify the Among all federal agencies utilizing ALJs, infrastructure spending, I strongly be- position of Associate Member of the Board of decisions are all appealable to United lieve that we must first correct this to the their Veterans Appeals (BVA) to conform States District Courts with the exception of problem by restoring the full obliga- classification now applicable to Administra- one agency, the OSIIRC, whose decisions are tion limit provided by the Congress. I tive Law Judges. the States from 1977 to appealable directly to United am pleased to join my colleagues, Son- I was a member of the Board Courts of Appeals. This is true also of your 1980 and have been an Administrative Law ator BOND, and Senator MOYNIHAN in decisions, although, In my day there was no sponsoring legislation which would Judge (ALJ)since that time. The two posi- appeal at all. tions are so closely comparable that I was subject the courthouse project to the surprised that the recent action to remove As ALJs are expected to handle all matters normal appropriations process and re- general pay schedule and into that come before them, both simple and ALJs from the agency spe- store approximately $1 billion to high- a now and separate pay schedule did not in- complex, as defined by their cialty, so too the Associate Members handle way programs in this fiscal year. clude members of the Board. I write now to I urge my colleagues to accept this support the now and higher classification for those simple pension issues constituting the Board members. bulk of trials before Social Security ALJs as bill so that we might restore the The breadth of knowledge and experience well as the more complex medical, Insur- money to highways. Adoption of the and the temperament required are virtually ance, line-of-duty, education and domestic bill will result in each State receiving Identical and the duties are very similar. Of relations questions. an immediate increase of nearly 6 per- great Importance is the need to retain high Whereas the ALJ decision is subject to at cent in their 1992 apportionments. We quality professionals in order to give to the least one level of review within the agency, have boon consistently urged by State Veterans population a high quality adjudica- the decisions by the Board are not subject to any result-oriented review, that Is no review officials, as well as the National Gov- tive system. to restore this $1 In summary, I believe that pay parity for changes the decision by the Associate Mem- ernors' Association, Board members Is Importantto veterans and bers. billion, and I am hopeful that we might their Interest in maintaining a fair and ef- A well-reasoned decision by the Board, as do that today. fective appeals process. well as by an ALJ, will define the problem; Mr. BOND. Mr. President, I rise in Sincerely, describe the evidence; the process by which support of the measure that my good II. CI,AYTONADAMS, the appeal came before the Board; state the friend, the Senator from Now Mexico, Administrative Law Judge. applicable law; resolve conflicting testimony has just introduced. This measure is P.S. Just recently, members of the Appeals through Findings of Fact and Discussion, In- extremely important for highways, Council of the Social Security Administra- cluding evaluating the credibility of testi- transportation, and infrastructure tion's Office of Hearings and Appeals have mony, both lay and export. Neither the ALJ nor the Associate Mem- throughout this country. It restores been redesignated "Administration's Appeals the full $1 billion that had been set Judges" and given the advantages of the now ber's decisional process is subject to higher by OMB action as a result to the pay structure for ALJs. Their responsibil- authority review or what in the military is aside ities are even more similar to those of the termed command inifluenc3, although the courthouse included in the highway BVA than to those of ALJs. ALJ may be reversed by his agency, bill. I am sure that a personnel specialist would Senator MOYNIHAN has graciously FALLS CIIURCIH,VA, be able to more clearly define the agreed to it, and has supported the leg- April 26, 1991. similarities of these two positions as well as islation to make this courthouse sub- Mr. CHARLES L. CRAOIN, the few areas where dissimilarities exist. For ject to appropriations, meaning it is Chairman, Board of Veterans Appeals, Wash- instance I believe the biggest hurdle is the back in line and not in the highway ington,DC. fact that ALJs act as solo trier of the facts and decision maker, while your Associate bill. DEAR CHAIRMANCRAGIN: I have recently be- offered by come aware of the interest of the Board and Members act as a member of a panel and can- In addition, the measure its Members in the possibility of reclassify- not alone control the results. I have always Senator DOMENICI provides offsets by ing the Associate Member position from the boelieved that I would have been a more effec- removing the statute of limitations for General Schedule of Civil Service positions tive Associate Momber If I had functioned the collection of student loans, and to that of Administrative Judges, in con- alone, even though I always felt fortunate to this will allow approximately the full formity with the general trend prevalent In work with good panels. Thus I would rec- amount of money to be spent on high- the federal government today. ommend you explore a wholesale revision of ways as initially proposed. In order to give you some knowledge of my the Board's make-up to establish one person I express my thanks also to Senator are in a position to decisions. I believe this would result in In- background so that you DOMENICI, as well as Senator MOY- evaluate my comments I offer you the fol- creased productivity as well as Imprhoved lowing birds-eye view of my federal service. quality, since no individual's decisions would NIIIAN. Restoring this $1 billion will put I served In the federal civil service for 42 be shielded from a court's penetrating re- 50,000 people to work building highways years, starting in the Treasury Department. view. across this Nation. Without this legis- March 18,1992 CONGRESSIONAL RECORD-SENATE 5973 lation, which I hope this body can con- Early funding for Buddy came that their children's self-confidence Is higher sider and pass very quickly, we would through grants and in-kind contribu- as a result of Buddy. see losses in every State in the Nation; tions from Lilly Endowment, Indiana Almost 90% of educators agree that stu- dent work on the computer Is more creative $18 million, at least, and three major Bell, GTE, IBM, Apple, Indiana Cor- and of higher quality. 93% see Buddy stu- projects in my State would have to be poration for Science and Technology, dents doing school work that is more com- put on hold. and the Indiana Department of Edu- plex and at higher levels than they would do I believe that this is an appropriate cation, with additional funding from otherwise. solution to the mixup which occurred the Indiana State Legislature. 100% of educators say that students dem- in the highway bill. I am pleased that onstrate greater pride In their work, and 93% Just how does the Buddy system see greater self-esteem in Buddy students. we have been able to come to agree- work? Teachers assign nightly elec- Student-developed applications software, ment on how to deal with it. tronic homework. They communicate simulation database and telecommuni- I hope the body can act expedi- with parents by listing homework as- cations activities all are improving critical tiously. Missouri badly needs the $18 signments on the bulletin board by thinking skills. million. The rest of the country, I sending individual electronic messages Buddy students substantially out- know, needs the highway money. I urge performed students in traditional computer privately to parents. Students eagerly lab settings on 9 of 10 computer tasks. On a my colleagues to give this measure work on assignments, often creatively technology skills test, 84% of Buddy stu- their full support. going beyond the specified require- dents scored higher than the average score I thank the Chair. I yield the floor. ments. Each Buddy computer is achieved by comparison students. networked to online information 100% of educators indicate that Buddy By Mr. COATS: sources to provide access to encyclo- helped them to grow professionally, with 88% S. 2371. A bill to establish a computer pedia services, news, weather, sports, reporting new excitement for teaching. education program for certain stu- and educational games. A project file Mr. COATS. Mr. President, for these dents; to the Committee on Labor and server offers electronic mail, bulletin reasons, I rise today to introduce a bill Human Resources. boards, and chat services to all users. which would provide other students UDI)Y SYS'TEM COMPUTER I)UCAT1IONACT One of the most important aspects of with the opportunity to have a Buddy. * Mr. COATS. Mr. President, Deanna Buddy has been parental involvement. This bill would authorize a demonstra- Overton, a former student at Fuqua El- Buddy students teach their parents and tion grant program to promote public- ementary School in Terro Haute, IN, siblings how to use the computer. Par- private partnerships which enable 6th- says that Buddy turned her life around. ents are then able to communicate 7th- and 8th-grade students to utilize Buddy isn't one of her classmates, with the classroom teacher via bulletin personal computers at home, as well as Buddy is a Macintosh Computer that boards and chat systems. Parents are in the classroom. The Secretary of she keeps at home. Deanna received also encouraged to join parent user Education would award grants to im- her computer as a part of a school groups to extend parent training and plement demonstration programs in project called the Buddy System. trade inexpensive shareware with each three States. Each State receiving a Deanna failed fourth-grade a few other. grant would provide a continuous 3- years ago. She attributes these low Buddy's track record is extremely year computer-based education project marks to her boredom in class. "I impressive. The project has grown to to two consecutive groups of 6th-, hated school. I couldn't stand it," she serve more than 2,000 Hoosier families 7th-, and 8th-grade students, beginning said, Deanna claims that she hated at 20 sites throughout Indiana. An with each group's entry into the 6th grade and ending the summer following school so much that she used to put a evaluation, conducted by Dr. William thermometer on a light bulb to con- Quinn of Quality Performance Associ- each group's completion of the 8th vince her parents she was too sick to ates, issued phenomenal results. I ask grade. go to school. But that was before The purposes for this extension of unanimous consent that a list of the computer access beyond the classroom Buddy. Buddy system evaluation findings be environment is threefold. First, it Today, instead of D's and F's,Deanna included in the REcoRD at this point in receives A's and B's. Rather would enhance learning by providing than my statement. students with the technological tools avoiding school, Deanna enjoys school There being no objection, the list was work. Her teachers consider her a lead- and guidance necessary to develop ordered to be printed in the RECORD, as skills critical to educational growth or. Deanna's mother, Debbie Sparks, follows: and success in the workplace. Second, says, "she [Deanna] has grown up in so TH'r BUDDY SYSTEM EVALUATION FINDINGS it would encourage parental involve- many ways. She breathes that thing Students spend an average of 66 minutes a ment in education and total family use and she's so grown up." day at home on the computer-and an addi- and understanding of computers and Students and parents aren't the only tional 2%hours on the weekend. About 50% of parents have increased in- telecommunications through at-home ones boasting about the Buddy system applications. Finally, it would estab- project, "I would not have believed this volvement in their child's homework. Mothers (74%), fathers (49% and other sib- lish foundations for life-long learning was possible for fourth-, fifth-, and lings (68%) also use the Buddy computer on through improvement in education sixth-grade pupils to possess the skills a regular basis. skills and student motivation and atti- that these kids posses," stated Rose 81% of educators agree that students are tudes. Ann Santilli, a sixth-grade teacher at writing more than they would without com- Congresswoman JILL LONG, of Indi- Fuqua Elementary. puters. In a random survey, Buddy 5th grade ana, has introduced a companion bill in These are just a few illustrations of student work was over twice as long as com- the House. I would like to commend the Buddy system project successes. parison students' and scored higher on qual- her for her efforts to ensure that the The Buddy system, the largest project ity measurements. 90% of students are comfortable working rest our Nation be provided with the of its kind in the world, originated in with computers. Some even surpass their opportunity to ensure that the rest of Indiana in 1987. teachers in understanding how to use various our Nation be provided with the oppor- Buddy was conceived by a small pri- computer applications--a major educational tunity to experience the benefits of the vate sector group, working with the In- outcome for the Project. Buddy System. diana Corporation for Science and 88% of educators agree students are more I urge my colleagues to join me in Technology and the State superintend- willing to do homework if done on the com- supporting the Buddy Program and I ent of public instruction, H. Dean puter. arti- 76% of teachers report that Buddy has re- ask unanimous consent that this Evans, as a positive response to issues sulted in better communication between cle from the Tribune-Star be inserted such as education in the information teachers and parents, often through elec- in the RECORD in its entirety. age, changing, work force skills, and tronic mall. There being no objection, the article Indiana's challenge to compete in the Parents praise how Buddy increases their was ordered to be printed in the world economy. children's interest in learning and indicate RECORD, as follows: 5974 CONGRESSIONAL RECORD-SENATE March 18, 1992 [From the Tribune-Star,May 6, 1991] Her mother said the program gives all Parents are Interested and Involved, and BUDDY PROGRAM BRINoG CHANGE--COMI'rUTEI kids, wealthy and low Income, the same more are helping children with homework. HlIEP8 PUPIL TURN SCHOOl. LIFE AROUND chance to succeed. "Parents are beginning to use the computer (By Sue Loughlln) Judy Summers, the Buddy site coordinator themselves," and some have even discovered at Fuqua, said, "Kids are proud of their talents they didn't know they had. Deanna Overton's Buddy helped turn her work, and they are more motivated to do Parents are drawing house plans and doing life around. more creative spread shoots for monthly budgets by com- would never know it. their work." They do much But her Buddy writing because it is easier to edit. "The puter. Overton's Buddy is a Macintosh computer longhand method Is discouraging to creativ- Smith said she's also seen more teamwork that she keeps at her home through a Fuqua when they anti small group participation among pupils. called the Buddy ity for many of our kids" must Elementary school project constantly rewrite. "You teach them the basics andi they're off System. Teachers In the program include Linda and running. That's It. they're gone," she Pupils in fourth- fifth- and sixth-grades said. The first year of the project, "the kids Fuqua was one Smith and Duano Miller, fourth grade; Rox- have take-home computers. anne and Brady, fifth grade; wore teaching us, they wore so quick to pick statewide 1988 when the Bertsoh Harry of five pilot sites In and Rose Ann Santilll and Len Mulllns, sixth up on it." program first began. grade. When the program began, she said she was Overton is a sixth-grader at Fuqua, a pret- began the least computer literate of the teachers ty girl with dark hair and eyes. She is ar- Santllll, a first-year teacher who the sixth grade with very little involved. "They put that Mac down In front ticulate and confident, and enthusiastically teaching ter- experience, inherited a group of of me and I literally lost it ... I was so her computer skills and computer demonstrates pupils who had been totally immersed In rifled." She said It took her three weeks and projects. "10 million calls" until it finally began to That's why it's almost Impossible to be- computers for two years. "It was a little intimidating at the begin- click. lieve that Overton failed fourth-grade a few She recalls the day the first group of years ago. She was getting Ds and Fs in ning," Santilll said. "The kids wore so far for the advanced." fourth-graders saw their computers school, and she was very bored with classes first time and turned them on. "It was like She said the pupils were "wonderful" and and very unhappy. how the program works. an entire whole now universe opened up to "I hated school. I couldn't stand it," she helped her learn them." said. She confessed she used to take a ther- She'll take HyperCard training this summer, Just a day later, the first pupil yelled, momoter and put it on a light bulb to feign and one of the pupils has volunteered to "Come hero, Mrs. Smith! Look what we sickness. "tutor" her before she begins. found." they were not afraid to explore. And then came Buddy. "I would not have believed this was pos- "It's made a difference in my life, too." In some ways, her falling may also have sible for fourth-, fifth- and sixth-grade pupils Smith said. If anyone would have told her been her saving grace. Had she not failed, she to possess the skills that those kids possess," three years ago that she would successfully never would have been part of the Buddy pro- Santlll said. "They have no problem with apply for a Lilly Endowment grant, she'd gram, which started three years ago with data bases or spreadsheets." have told them they were crazy. She re- fourth-graders at the school. Summers said there is cooperative learn- cently was awarded a $4,500 Teacher Creativ- Overton said in the summer of 1988, she ing between teacher and pupils, as well as bo- ity Fellowship to study potroglyphs (Indian learned that later in the year she'd get to tween pupils. Santilll was the facilitator in rockwrlting) in the Southwest. She'll Incor- take a computer home-and that was some- providing classroom knowledge, and pupils porate what she uses into her teaching and thing to look forward to. In the 1988-89 were facilitators in showing how to apply the the Buddy program. school year, she raised her grades to average. knowledge to the computer. "It's been a great three years," she said.* The original Buddy pupils were allowed to About 90 percent of pupils choose to do keep the computers in fifth- and sixth- homework by computer, and many do extra By Mr. SEYMOUR (for himself, grades, although the computers had to be re- assignments on their own. Mr. STEVENS, Mr. SIELBY, Mr. Many of Santilli's sixth-graders are con- turned during the summer. ADAMS, Mr. LAUTENBIERG, Mr. Now, Overton gets As and Bs and she talks corned about next year, however, when they will no longer have a computer at home un- COATS, Mr. COCIIRAN, Mr. HEF- about how much she loves school work, espe- LIN, Mr. DOLE, Mr. D'AMATO, cially if her Buddy Is involved. Teachers do- less younger siblings are part of the pro- scribe her as a leader, and not just in use of gram. Mr. JOHNSTON, Mr. KASTEN, Mr. computers. Summers says that pupils have made about CRAIG, Mr. BURNS, Mr. She talks knowledgeably about Buddy Not, 20 to 25 presentations, and all have taken DASCIILE, Mr. MACK, Mr. MicroSoft works and HyperCard stacks, and part in demonstrations. State legislators, DECONCINI, Mr. DODD, Mr. MUR- eagerly demonstrates projects she's put to- the state superintendent for public Instruc- KOWSKI, Mr. )URENBEROER, Mr. gether on weather or fractions, complete tion, the governor and the vice president of Computer have all vis- RIEGLE, and Mr. SYMMS): with visual effects d audio. "I love doing education for Apple S.J. Res. 273. Joint resolution to des- visual effects," she said. She races through ited Fuqua to see the Buddy Program in ac- tion. ignato tho week commencing Juno 21, her descriptions of what she's doing leaving to the computer Illiterate mindbogglod. The pupils aren't the least bit Intimidated, 1992, as "National Sheriffs' Week"; Overton recently spoke to the Vigo County and present their projects with much finesse. the Committee on the Judiciary. School Board about her experiences with the "These kids have a self-confidence with NATIONAL SHIll'IRF'S' WhIEK Buddy Program and in February she talked adults I have never soon," Summers said. * Mr. SEYMOUR. Mr. President, I rise to an Area Principals Conference at Turkey Unlike adults, the youths are not afraid to des- explore now I;echnology; they are willing to today to introduce legislation to Run State Park. ignate the week of June 21, 1992 as "Na- "Computers are the world of tomorrow," make mistakes to learn and go one stop fuir- ther. "I think you could put them on any tional Sheriffs' Week." This legisla- Overton says. "The project has given me a has the support of head start with my future." computer and they will figure it out," Sum- tion, which already Those who don'tsoon learn about comput- mors said. 21 of my distinguished colleagues, will ers "will be lost." The Buddy System has helped pupils im- bring much deserved recognition to the She's already set her sights on college and prove many skills, Including critical think- thousands of dedicated men and women wants a career in computers. "The computer ing, problem solving and cooperative learn- who serve our communities as county has helped me so much," she said from the ing. It has ah.o cut down on TV time. law enforcement leaders. Fuqua library recently. Teacher Linda Smith lhas witnessed many From the early days of tle Old West, Although she'll be going to Sarah Scott positive results from Buddy, and says it has dramatically changed the lives of some pu- when local sheriffs and their trusted next year, she won't be losing the computer. towns She has two younger brothers who will be pils. deputies defended small western participating In the program. By the time The computer has become an equalizer for from unruly gunslingers, to contem- her brothers are out of school, she said, she some, such as those with a learning disabil- porary America, whore today's officers plans to buy one of her own. Ity who cannot write legibly by longhand. confront an unprecedented, sophisti- Overton's mother, Debblo Sparks, says "When they produce work, it looks like ev- cated crime wave driven by the lucra- "she has grown so many ways. She breathes eryone else's now." tive drug trade, our Nation's sheriffs that thing and she's so grown up." She said Slho's seen a change In study habits and have played a significant role in the patterns. She'sseen children master her daughter has become much more mature. learning criminal justice history of our great Overton is a teacher to her brothers and now technology. "I've seen many of them be- sisters at home, who are also using it. come creative thinkers and problem solvers" Nation. Sparks is proud of her daughter and she who are determined to find an answer to a The role of local sheriffs has been thinks the Buddy program "Is wonderful." problem. They won't easily give up." greatly enhanced over the years. Clear- March 18,1992 CONGRESSIONAL RECORD-SENATE 5975 ly, local law enforcement is an essen- health and success. In recent years the have decreased over 25 percent In the last 15 tial pillar in our anti-drug and anti- need for quality, affordable child care years; crime efforts. And while our county of- has increased dramatically. Today, ap- Whereas the average child care worker Is ficers face increasingly dangerous odds proximately 10 million children are in paid $11,000, which is near the poverty level, protecting our streets from violent child care for at least part of the day and often does not receive health or retire- crime, ment benefits; and drug trafficking, and illegal and that number is expected to in- Whereas it is important to recognize the gang activity, these heroes continue to crease in subsequent years. significant contribution of the child care perform their duty each day with pride, Those who are entrusted with the work force to the future academic achieve- courage and dedication unmatched by care of our children are responsible for ment of children in the United States, the those in any profession. preparing the future leaders, workers, future productivity of the Nation, and the At a time when our communities are and parents of America. Child care pro- well-being of its children and families: Now, being ripped apart by the forces of viders, whether they are child care cen- therefore, be it crime and drugs, it is essential for citi- ter staff, neighborhood family day care Resolved by the Senate and House of Rep- zens, community resentatives of the United Sltates of America in loaders, and law en- providers, or relatives, know how much Congressassembled, That April 9, 1992, Is des- forcement to establish harmonious, goes into the simple word "care." Care ignated as "Child Care Worthy Wage Day", working relationships to fight head on encompasses the safety, health, devel- and the President is authorized and re- the criminal elements that have opment, and education of children. quested to issue a proclamation calling on brought death and destruction to Many parents today must sacrifice fi- the people of the United States to observe America's streets. This legislation will nancially to pay for quality child care. the day with appropriate ceremonies and ac- encourage such relationships by bring- Too often, those who work in the child tivities.. ing to the forefront of public attention care profession must also make a fi- the duties, responsibilities, and activi- nancial sacrifice. They provide an in- ADDITIONAL COSPONSORS ties associated with county law en- valuable service for which they are forcement. paid at near poverty levels, often with S. 177 Americans are all too familiar with few-if any-health benefits. At the request of Mr. INOUYE, the the overall objective of local law en- Mr. President, passage of this resolu- name of the Senator from Alabama forcement to track down and rub out tion will bring well-deserved profes- [Mr. SHELBY] was added as a cosponsor the criminal elements of our society. sional recognition to child care provid- of S. 177, a bill to amend section 1086 of But many citizens are unenlightened ers and help to improve the quality of title 10, United States Code, to provide about the full range of community out- child care providers and help to im- for payment under the CHAMPUS Pro- reach activities engaged in by county prove the quality of child care through- gram of certain health care expenses law enforcement. Our Nation's sheriffs' out the Nation. I urge my colleagues to incurred by certain members and departments sponsor such proactive, join me in cosponsoring this joint reso- former members of the uniformed serv- preventative programs as defense lution to designate April 9, 1992, as ices and their dependents to the extent training for women and drug education Child Care Worthy Wage Day. I ask that such expenses are not payable programs in our schools. In addition, unanimous consent that the text of under Medicare, and for other purposes. officers work closely with communities this resolution be printed in the s.240 to establish neighborhood watch and RECORD. At the request of Mrs. KASSEBAUM, drug free zone programs to help citi- There being no objection, the bill was the name of the Senator from Colorado zens take back their streets. ordered to be printed in the RECORD, as [Mr. WIRTH] was added as a cosponsor Indeed, the primary duty of our local follows: of S. 240, a bill to amend the Federal police officers is to boldly execute the S.J. RES. 274 Aviation Act of 1958 relating to bank- hand of justice in many innovative Whereas approximately 10,000,000 children ruptcy transportation plans. ways. And our county sheriffs continue in the United States are in partial or full- .391 to lead the charge in developing coim- day child care and the number Is expected to At the request of Mr. REID, the name munity-based programs to combat a increase in subsequent years; of the Senator from Pennsylvania [Mr. scourge that has Whereas children are one of the most im- so severely ravaged portant resources of the United States; WOFFORD] was added as a cosponsor of our Nation. Whereas the safety, health, and education S. 391, a bill to amend the Toxic Sub- Mr. President, I want to encourage of children should be a national priority; stances Control Act to reduce the lev- my colleagues to join me in supporting Whereas good child care services ensure els of lead in the environment, and for this important legislation. By doing so, that children are safe, well-nourished, and other purposes. we can show our unyielding support for given developmentally appropriate edu- .810 those heroes who proudly wear the tin cation; star." Whereas the first national education goal At the request of Mr. HARKIN, the states that by the year 2000 every child in name of the Senator from Alabama By Mr. DODD (for himself, Mr. America will go to school ready to learn, and [Mr. HEFLIN] was added as a cosponsor KENNEDY, Mr. ADAMS, insofar as quality, affordable child care is of S. 810, a bill to improve counseling Mr. one of the determinants CRANSTON, and Mr. DECONCINI): of school readiness; services for elementary school chil- Whereas Individuals who work in the field dren. S.J. Res 274, A joint resolution to of child care and early childhood develop- designate April 9, 1992, as "Child Care ment settings often have specialized and for- .914 Worthy Wage Day"; to the Committee mal training and education in early child- At the request of Mr. GLENN, the on the Judiciary. hood health, development, education and name of the Senator from New Mexico CHIIIDCARE WORTHY WAGE DAY care; [Mr. BINGAMAN] was added as a cospon- Whereas continuity of quality staff and sor of S. 914, a bill to amend title 5, * Mr. DODD. Mr. President, I rise low staff turnover rates are significant com- today to introduce along with Senator ponents of quality child care; United States Code, to restore to Fed- KENNEDY, Senator ADAMS, Senator Whereas the turnover rate among child eral civilian employees their right to CRANSTON, and Senator DECONCINI, a care teaching staff and family day care pro- participate voluntarily, as private citi- joint resolution which designates April viders has tripled to over 40 percent annually zens, in the political processes of the 9, 1992, as "Child Care Worthy Wage since the mid 1970s; Nation, to protect such employees from Day." Whereas oven those child care workers who improper political solicitations, and fulfill State or federally mandated education for other purposes. We all know that good child care is and training requirements earn between one- necessary to a child's healthy develop- third and one-half of what comparably edu- S. 1361 ment and that the care and nurturing a cated workers earn in other fields; At the request of Ms. MIKULSKI, the child receives in the earliest years is Whereas real wages for child care teachers name of the Senator from Maine [Mr. an important determinant of future and providers, when adjusted for inflation, MITCHELL] was added as a cosponsor of 5976 CONGRESSIONAL RECORD-SENATE March 18, 1992 S. 1361, a bill to remedy the serious In- s. 2100 resolution to designate the month of jury to the United States shipbuilding At the request of Mr. CRANSTON, the May 1992, as "National Foster Care and repair industry caused by sub- name of the Senator from Rhode Island Month." sidized foreign ships. [Mr. PELL] was added as a cosponsor of SENATE JOINT RESOLUTION 236 S. 1674 S. 2106, a bill to grant a Federal char- At the request of Mr. D'AMATO, the At the request of Mr. RIEGLE, the ter to the Fleet Reserve Association. name of the Senator from Alaska [Mr. name of the Senator from Vermont S. 2113 STEVENS] was added as a cosponsor of [Mr. LEAIIY] was added as a cosponsor At the request of Mr. DOLE, his name Senate Joint Resolution 236, a joint of S. 1574, a bill to ensure proper and was added as a cosponsor of S. 2113, a resolution designating the third week full implementation by the Depart- bill to restore the Second Amendment in September 1992 as "National Fra- ment of Health and Human Services of rights of all Americans. grance Week." medicaid coverage for certain low-in- .2232 SENATE JOINT RESOLUTION 238 come medicare beneficiaries. At the request of Ms. MIKULSKI, the At the request of Mr. RIEGLE, the S. 1736 name of the Senator from Kansas [Mrs. name of the Senator from Virginia [Mr. At the request of Mr. SASSER, the KASSEBAUM] was added as a cosponsor WARNER] was added as a cosponsor of name of the Senator from Arkansas of S. 2232, a bill to make available to Senate Joint Resolution 238, a joint [Mr. BUMPERS] was added as a cospon- consumers certain information regard- resolution designating the week begin- sor of S. 1736, a bill to amend title ing automobiles. ning September 21, 1992, as "National XVIII of the Social Security Act to Senior Softball Week." provide for improved quality and cost 8.2262 control mechanisms to ensure the At the request of Mr. LEAIIY, the SENATE JOINT RESOLUTION 246 proper and prudent purchasing of dura- name of the Senator from Illinois [Mr. At the request of Mr. LIEBERMAN, the ble medical equipment and supplies for SIMON] was added as a cosponsor of S. name of the Senator from Louisiana which payment is made under the med- 2262, a bill to make emergency supple- [Mr. BREAUX] was added as a cosponsor icare program, and for other purposes. mental appropriations to provide a of Senate Joint Resolution 246, a joint 8. 1866 short-term stimulus to promote job resolution to designate April 15, 1992, At the request of Mr. KENNEDY, the creation in rural areas of the United as "National Recycling Day." name of the Senator from Arizona [Mr. States, and for other purposes. SENATE JOINT RESOLUTION 255 McCAIN] was added as a cosponsor of S. 5. 22z At the request of Mr. D'AMATO, the 1866, a bill to promote community At the request of Mr. BROWN, the name of the Senator from Montana based economic development and to name of the Senator from Washington [Mr. BURNS] was added as a cosponsor provide assistance for community de- [Mr.GORTON] was added as a cosponsor of Senate Joint Resolution 265, a joint velopment corporations, and for other of S. 2288, a bill to amend part F of resolution to designate September 13, purposes. title IV of the Social Security Act to 1992 as "Commodore Barry Day." s. 1966 allow States to assign participants in SENATE JOINT RESOLUTION 261 At the request of Mr. BIDEN, the work supplementation programs to ex- At the request of Mr. CRANSTON, the name of the Senator from Virginia [Mr. isting unfilled jobs, and to amend such name of the Senator from Pennsylva- RonB] was added as a cosponsor of S. part and the Food Stamp Act of 1977 to nia [Mr. WOFFORD] was added as a co- 1966, a bill to establish a national back- allow States to use the sums that sponsor of Senate Joint Resolution 261, ground check procedure to ensure that would otherwise be expended on food a joint resolution to designate April 9, persons working as child care providers stamp benefits to subsidize jobs for 1992, as a "Day of Filipino World War II do not have a criminal history of child participants in work supplementation Veterans." abuse, to initiate the reporting of all programs, and to provide financial in- SENATE JOINT RESOLUTION266 State and Federal child abuse crimes, centives for States and localities to use At the request of Mr. THURMOND, the to establish minimum guidelines for such programs. names of the Senator from Arizona States to follow in conducting back- S. 2336 [Mr. DECONCINI] and the Senator from ground checks and provide protection At the request of Mr. ROCKEFELLER, Delaware [Mr. BIDEN] were added as co- from inaccurate information for per- the name of the Senator from Con- sponsors of Senate Joint Resolution sons subjected to background checks, necticut [Mr. LIEBERMAN] was added as 266, a joint resolution designating the and for other purposes. a cosponsor of S. 2336, a bill to estab- week of April 26-May 2, 1992, as "Na- 8.2000 lish a loan program at the Department tional Crime Victims' Rights Week." At the request of Mr. PRYOR, the of Commerce to promote the develop- name of the Senator from Washington SENATE JOINT RESOLUTION 270 ment and commercialization of ad- At the request of Mr. THURMOND, the [Mr. ADAMS] was added as a cosponsor vanced technologies and products. names of the Senator from North Caro- of S. 2000, a bill to provide for the con- S. 2351 tainment of prescription drug prices by lina [Mr. SANFORD] and the Senator reducing certain nonresearch related At the request of Mr. ADAMS, the from North Carolina [Mr. HELMS] wore tax credits to pharmaceutical manu- name of the Senator from Arizona [Mr. added as cosponsors of Senate Joint facturers, by establishing the Prescrip- DECONCINI] was added as a cosponsor of Resolution 270, a joint resolution to tion Drug Policy Review Commission, S. 2351, a bill to provide for research to designate August 15, 1992, as "82d Air- by requiring a study of the feasibility test the efficacy and cost-effectiveness borne Division 50th Anniversary Rec- of establishing a pharmaceutical prod- of nutrition screening and intervention ognition Day." ucts price review board, and by requir- activities in populations of older indi- SENATE CONCURRENT RESOLUTION 80 ing a study of the value of Federal sub- viduals and to determine the extent of At the request of Mr. SIMON, the sidies and tax credits given to pharma- malnutrition in such populations. names of the Senator from Oregon [Mr. ceutical manufacturers, and for other H.2357 HATFIELD], the Senator from Oklahoma purposes. At the request of Mr. D'AMATO, his [Mr. BOREN], and the Senator from .2085 name was added as a cosponsor of S. South Carolina [Mr. THURMOND] were At the request of Mr. PRYOR, the 2357, a bill to reduce and control the added as cosponsors of Senate Concur- names of the Senator from Kansas Federal deficit. rent Resolution 80, a concurrent reso- [Mrs. KASSEDAUM] and the Senator SENATE JOINT RESOLUTION 231 lution concerning democratic changes from Virginia [Mr.WARNER] were added At the request of Mr. THURMOND, the in Zaire. as cosponsors of S. 2085, a bill entitled name of the Senator from Rhode Island SENATE CONCURRENTRESOLUTION 89 the Federal-State Pesticide Regulation [Mr. CIIAFEE] was added as a cosponsor At the request of Mr. KERRY, the Partnership. of Senate Joint Resolution 231, a joint names of the Senator from Vermont March 18,1992 CONGRESSIONAL RECORD-SENATE 5977 [Mr. JEFFORDS] and the Senator from Second Congress, also serve as a member of service as a member of each such committee South Carolina [Mr. HOLLINGS] were the Committee on Agriculture, Nutrition, is continuous, but in no event may he serve, added as cosponsors of Senate Concur- and Forestry so long as his service as a mem- by reason of this subdivision, as a member of rent Resolution 89, a concurrent reso- ber of each such committee is continuous, more than three committees listed in para- but in no event may he serve, by reason of graph 2. lution to express the sense of the Con- this subdivision, as a member of more than "(8)(A) A Senator who on the last day of gress concerning the United Nations three committees listed in paragraph 2. the One Hundred First Congress was serving Conference on Environment and Devel- "(2) A Senator who on the last day of the as a member of the Committee on Agri- opment. One Hundred First Congress was serving as a culture, Nutrition, and Forestry and the At the request of Mr. LAUTENBERG, member of the Committee on Armed Serv- Committee on Appropriations may, during his name was added as a cosponsor of ices and the Committee on Energy and Natu- the One Hundred Second Congress, also serve Senate Concurrent Resolution 89, ral Resources may, during the One Hundred as a member of the Committee on the Judici- supra. Second Congress, also serve as a member of ary so long as his service as a member of the Committee on Labor and Human Re- each such committee is continuous, but in SENATE RESOLUTION246 sources so long as his service as a member of no event may he serve, by reason of this sub- At the request of Mr. DOLE, the each such committee is continuous, but In division, as a member of more than three names of the Senator from Montana no event may he serve, by reason of this sub- committees listed in paragraph 2. [Mr. BURNS] and the Senator from division, as a member of more than three "(B) A Senator who during the One Hun- Delaware [Mr.BIDEN] were added as co- committees listed in paragraph 2. dred Second Congress serves on the Commit- sponsors of Senate Resolution 246, a "(3) A Senator who on the last day of the tee on Agriculture, Nutrition, and Forestry, One Hundred First Congress was serving as a the Committee on Appropriations and the resolution on the recognition of Cro- member of the Committee on Banking, Hous- Committee on the Judiciary,and who serves atia and Slovenia. ing, and Urban Affairs and the Committee on as chairman of a committee listed in para- SENATE RESOLUTION249 Foreign Relations may, during the One Hun- graph 2, may, serve as chairman of two sub- At the request of Mr. D'AMATO, the dred Second Congress, also serve as a mem- committees of all committees listed in para- name of the Senator from Michigan ber of the Committee on Labor and Human graph 2 of which he is a member. (Mr.RIEGLE] was added as a cosponsor Resources so long as his service as a member "(9) A Senator who on the last day of the of each such committee is continuous, but in One Hundred First Congress was serving as a of Senate Resolution 249, a resolution no event may he serve, by reason of this sub- member of the Committee on Environment expressing the sense of the Senate that division, as a member of more than three and Public Works and the Committee on the the United States should seek a final committees listed in paragraph 2. Judiciary may, during the One Hundred Sec- and conclusive account of the where- "(4) A Senator who on the last day of the ond Congress, also serve as a member of the abouts and definitive fate of Raoul One Hundred First Congress was serving as a Committee on Labor and Human Resources Wallenberg. member of the Committee on Agriculture, so long as his service as a member of each SENATE RESOLUTION258 Nutrition, and Forestry and the Committee such committee is continuous, but in no on Appropriations may, during the One Hun- event may he servo, by reason of this sub- At the request of Mr. SIMON, the dred Second Congress, also serve as a mem- division, as a member of more than three names of the Senator from Maryland ber of the Committee on Energy and Natural committees listed in paragraph 2. [Ms. MIKULSKI] and the Senator from Resources so long as his service as a member "(10) A Senator who on the last day of the Washington [Mr. GoRTON] were added of each such committee is continuous, but in One Hundred First Congress was serving on as cosponsors of Senate Resolution 258, no event may he serve, by reason of this sub- the Committee on Environment and Public a resolution expressing the sense of the division, as a member of more than three Works and the Committee on the Finance Senate regarding needed action committees listed in paragraph 2. may, during the One Hundred Second Con- to ad- "(5) A Senator who on the last day of the gress, also serve as a member of the Commit- dress the continuing state of war and One Hundred First Congress was serving as a tee on Foreign Relations so long as his serv- chaos and the emergency humanitarian member of the Committee on Agriculture, ice as a member of each such committee is situation in Somalia. Nutrition, and Forestry and the Committee continuous, but in no event may he servo, by SENATE RESOLUTION 270 on Appropriations may, during the One Hun- reason of this subdivision, as a member of At the request of Mr. DECONCINI, the dred Second Congress, also serve as a mem- more than three committees listed In para- names of the Senator from Tennessee ber of the Committee on Labor and Human graph 2. Resources so long as his service as a member "(11) A Senator who on the last day of the [Mr. GonE] and the Senator from New of each such committee is continuous, but in One Hundred First Congress was serving as a York [Mr. D'AMATO] were added as co- no event may he serve, by reason of this sub- member of the Committee on Agriculture, sponsors of Senate Resolution 270, a division, as a member of more than three Nutrition, and Forestry and the Committee resolution concerning the conflict of committees listed in paragraph2. on Finance may, during the One Hundred Nagorno-Karabakh in the territory of "(6)(A) A Senator who on the last day of Second Congress, also serves as a member of Azerbaijan. the One Hundred First Congress was serving the Committee on Governmental Affairs so as a member of the Committee on Armed long as his service as a member of each such SENATE RESOLUTION 271 Services and the Committee on the Judici- committee is continuous but in no event At the request of Mr. SIMON, the ary may, during the One Hundred Second may he serve, by reason of this subdivision, name of the Senator from Pennsylva- Congress, also serve as a member of the Com- as a member of more than three committees nia [Mr. SPECTER] was added as a co- mittee on Labor ant Human Resources so listed in paragraph 2. sponsor of Senate Resolution 271, a res- long as his service as a member of each such "(12) A Senator who on the last day of the olution relative to human rights in committee is continuous, but in no event One Hundred First Congress was serving as a Tibet. may he serve, by reason of this subdivision, member of the Committee on Appropriations as a member of more than three committees and the Committee on Banking, Housing, listed in paragraph2. and Urban Affairs may, during the One Hun- SENATE RESOLUTION 272-REL- "(B) A Senator who during the One Hun- dred Second Congress, also serve as a mem- ATIVE TO SERVICE ON SENATE dred Second Congress serves on the Commit- ber of the Committee on Governmental Af- too on Armed Services, the Committee on fairs so long as his service as a member of COMMITTEES the Judiciary, and the Committee on Labor each such committee is continuous, but in Mr. MITCHELL (for himself and Mr. and Human Resources, who serves as chair- no event may he serve, by reason of this sub- DOLE) submitted the following resolu- man of a committee listed in paragraph 2, division, as a member of more than three tion; which was considered and agreed may, serve as chairman of two subcommit- committees listed in paragraph 2. to: tees of all committees listed in paragraph 2 "(13) A Senator who on the last day of the of which he is a member. One Hundred First Congress was serving as a S. RES. 272 "(7) A Senator who on the last day of the member of the Committee on Armed Serv- Resolved, That paragraph 4(h) of rule XXV One Hundred FirstCongress was serving as a ices and the Committee on Banking, Hous- is amended to read as follows: member of the Committee on Commerce, ing, and Urban Affairs may, during the One "(h)(1) A Senator who on the last day of Science, and Transportation and the Com- Hundred Second Congress, also serve as a the One Hundred First Congress was serving mittee on Foreign Relations may, during the member of the Committee on Energy and as a member of the Committee on Environ- One Hundred Second Congress, also serve as Natural Resources so long as his service as a ment and Public Works and the Committee a member of the Committee on Banking, member of each such committee Is continu- on Finance may, during the One Hundred Housing, and Urban Affairs so long as his ous, but in no event may he serve, by reason 5978 CONGRESSIONAL RECORD-SENAT'E March 18, 1992 of this subdivision, as a member of more member of the Committee on the Budget, by reason of this subdivision, as a member of than three committees listed In paragraph 2. may, during the One Hundred Second Con- more than three committees listed in para- "(14) A Senator who on the last day of the gress, also serve as a member of the Special graph 2. One Hundred First Congress was serving as a Committee on Aging so long as his service as "(29) A Senator who on the last day of the member of the Committee on the Judiciary a member of each such committee is contin- One Hundred First Congress was serving as a and the Committee on Labor and Human Re- uous, but in no event may he serve by reason member of the Committee on Finance and sources may, during the One Hundred Second of this subdivision, as a member of more the Committee on the Governmental Affairs Congress, also serve as a member of the Com- than two committees listed in paragraphs 3 may, during the One Hundred Second Con- mittee on Foreign Relations so long as his (a)and (b). gress, also serve as a member of the Commit- service as a member of each such committee "(22) A Senator who on the last day of.the tee on Banking, Housing, and Urban Affairs is continuous, but in no event may he serve, One Hundred First Congress was serving as a so long as his service as a member of each by reason of this subdivision, as a member of member of the Committee on Small Busi- such committee is continuous, but in no more than three committees listed in para- ness, may, during the One Hundred Second event may he serve, by reason of this sub- graph 2. Congress, also serve as a member of the Com- division, as a member of more than three "(15) A Senator who on the last day of the mittee on Intelligence so long as his service committees listed in paragraph 2. One Hundred First Congress was serving as a as a member of each such committee Is con- "(30) A Senator who on the last day of the member of the Committee on Armed Serv- tinuous, but in no event may he serve by rea- One Hundred First Congress was serving as a ices and the Committee on Energy and Natu- son of this subdivision, as a member of more member of the Committee on Appropria- ral Resources may, during the One Hundred than two committees listed in paragraphs 3 tions, and the Committee on Energy and Second Congress, also serve as a member of (a) and (b). Natural Resources, may, during the One the Committee on Banking, Housing, and "(23) A Senator who on the last day of the Hundred Second Congress, also serve as a Urban Affairs so long as his service as a One Hundred First Congress was serving as a member of the Committee on Banking,Hous- member of each such committee is continu- member of the Special Committee on Aging, ing, and Urban Affairs so long as his service ous, but in no event may he servo, by reason may, during the One Hundred Second Con- as a member of each such committee is con- of this subdivision, as a member of more gross, also serve as a member of the Commit- tinuous, but in no event may he serve, by than three committees listed in paragraph 2. tee on Intelligence so long as his service as reason of this subdivision, as a member of "(16) A Senator who on the last day of the a member of each such committee is contin- more than three committees listed in para- One Hundred First Congress was serving as a uous, but in no event may he serve by reason graph 2. member of the Special Committee on Aging, of this subdivision, as a member of more "(31) A Senator who on the last day of the may, during the One Hundred Second Con- than two committees listed In paragraphs 3 One Hundred First Congress was serving as a gross, also serve as a member of the Commit- (a)and (b). member of the Committee on Appropria- tee on Intelligence so long as his service as "(24) A Senator who on the last day of the tions, and the Committee on Banking, Hous- a member of each such committee is contin- One Hundred First Congress was serving as a ing, and Urban Affairs may, during the One uous, but in no event may he serve by reason member of the Committee on the Budget, Hundred Second Congress, serve as a member of this subdivision, as a member of more may, during the One Hundred Second Con- of the Committee on Energy and Natural Re- than two committees listed In paragraphs 3 gross, also serve as a member of the Commit- sources so long as his service as a member of (a)and (b). tee on Intelligence so long as his service as each such committee Is continuous, but in "(17) A Senator who on the last day of the a member of each such committee is contin- no event may he serve, by reason of this sub- One Hundred First Congress was serving as a uous, but in no event may he serve by reason division, as a member of more than three member of the Committee on Veterans' Af- of this subdivision, as a member of more committees listed in paragraph 2. fairs, may, during the One Hundred Second than two committees listed in paragraphs 3 "(32) A Senator who on the last day of the Congress, also serve as a member of the Com- (a)and (b). One Hundred First Congress was serving as a mittee on Intelligence so long as his service "(25) A Senator who on the last day of the member of the Committee on Labor and as a member of each such committee is con- One Hundred First Congress was serving as a Human Resources and the Committee on the tinuous, but in no event may he serve by rea- member of the Committee on Rules and Ad- Judiciary may, during the One Hundred Sec- son of this subdivision, as a member of more ministration, may, during the One Hundred ond Congress, also serve as a member of the than two committees listed In paragraph 3 Second Congress, also serve as a member of Committee on Finance so long as his service (a)and (b). the Committee on the Budget so long as his as a member of each such committee Is con- "(18) A Senator who on the last day of the service as a member of each such committee tinuous, but In no event may he serve, by One Hundred First Congress was serving as a is continuous, but in no event may he serve reason of this subdivision, as a member of member of the Committee on Rules and Ad- by reason of this subdivision, as a member of more than three committees listed In para- ministration, may, during the One Hundred more than two committees listed in para- graph 2. Second Congress, also serve as a member of graphs 3 (a) and (b). "(33) A Senator who on the last day of the the Committee on Veterans Affairs and the "(26) A Senator who on the last day of the One Hundred First Congress was serving as a Committee on Intelligence so long as his One Hundred First Congress was serving as a member of the Committee on the Judiciary service as a member of each such committee member of the Committee on Rules and Ad- and the Committee on Labor and Human Re- Is continuous, but in no event may he serve ministration, may, during the One Hundred sources may, during the One Hundred Second by reason of this subdivision, as a member of Second Congress, also serve as a member of Congress, serve as a member of the Commit- more than three committees listed In para- the Joint Committee on Taxation so long as tee on Foreign Relations so long as his serv- graphs 3(a) and (b). his service as a member of each such com- ice as a member of each such committee Is "(19) A Senator who on the last day of the mittee is continuous, but in no event may he continuous, but in no event may he serve, by One Hundred First Congress was serving as a serve, by reason of this subdivision, as a reason of this subdivision, as a member of member of the Committee on Rules and Ad- member of more than two committees listed more than three committees listed in para- ministration, may, during the One Hundred in paragraph 3. graph 2. Second Congress, also serve as a member of "(27) A Senator who on the last day of the "(34) A Senator who on the last day of the the Joint Economic Committee so long as One Hundred First Congress was serving as a One Hundred First Congress was serving as a his service as a member of each such com- member of the Committee on the Budget, member of the Committee on Environment mittee is continuous, but in no event may he may, during the One Hundred Second Con- and Public Works and the Committee on Fi- serve by reason of this subdivision, as a gross, also serve as a member of the Special nance may, during the One Hundred Second member of more than two committees listed Committee on Aging so long as his service as Congress, also serve as a member of the Com- in paragraphs 3 (a)and (b). a member of each such committee is contin- mittee on Labor and Human Resources so "(20) A Senator who on the last day of the uous, but in no event may he serve, by rea- long as his service as a member of each such One Hundred First Congress was serving as a son of this subdivision, as a member of more committee is continuous, but in no event member of the Committee on Veterans Af- than two committees listed In paragraphs 3 may he serve, by reason of this subdivision, fairs, may, during the One Hundred Second (a)and (b). as a member of more than three committees Congress, also serve as a member of the Spe- "(28) A Senator who on the last day of the listed in paragraph 2. cial Committee on Aging so long as his serv- One Hundred First Congress was serving as a "(35) A Senator who on the last day of the Ice as a member of each such committee Is member of the Committee on the Judiciary, One Hundred First Congress was serving as a continuous, but in no event may he serve by and the Committee on Armed Services, may, member of the Committee on Foreign Rela- reason of this subdivision, as a member of during the One Hundred Second Congress, tions and the Committee on Labor and more than two committees listed in para- serve as a member of the Committee on Human Resources may, during the One Hun- graphs 3(a) and (b). Labor and Human Resources, so long as his dred Second Congress, serve as a member of "(21) A Senator who on the last day of the service as a member of each such committee the Committee on Banking, Housing, and One Hundred First Congress was serving as a is continuous, but in no event may he serve, Urban Affairs so long as her service as a March 18, 1992 CONGRESSIONAL RECORD-SENATE 5979 member of each such committee is continu- as a member of more than two committees AMENDMENTS SUBMITTED ous, but In no event may she serve, by reason listed in paragraphs 3(a) and (b). of this subdivision, as a member of more than three communities listed in paragraph "(43) A Senator who on the last day of the One Hundred First Congress was serving as a RAIL SAFETY IMPROVEMENT 2. INITIATIVES ACT "(36) A Senator who on the last day of the member of the Select Committee on Intel- One Hundred First Congress was serving as a ligence and the Committee on Veterans' Af- member of the Committee on Agriculture, fairs may, during the One Hundred Second EXON AMENDMENT NO. 1736 Nutrition, and Forestry, and the Committee Congress, continue his service on these two on Appropriations may, during the One Hun- committees so long as his service as a mem- Mr. PRYOR (for Mr. EXON) proposed dred Second Congress, also serve as a mem- ber of each such committee is continuous, an amendment to the bill (S. 1571) to ber of the Committee on Labor and Human but In no event may he serve, by reason of amend the Federal Railroad Safety Act Resources so long as his service as a member this subdivision, as a member of more than of 1970 to improve railroad safety, and of each such committee Is continuous, but In for other purposes, as follows: no event may he serve, by reason of this sub- two committees listed in paragraphs 3 (a) division, as a member of more than three and (b). Strike all on page 5, line 17, through page committees listed in paragraph 2. "(44) A Senator who on the last day of the 7, line 7, and insert In lieu thereof the followr ing: "(37) A Senator who on the last day of the One Hundred First Congress was serving as a One Hundred First Congress was serving as a member of the Committee on Veterans' Af- IOCOMOTIVE CRASIIWORTHINESS ANDWORKING CONDITIONS member of the Committee on Finance and fairs and the Special Committee on Aging SEC. 6. Section the Committee on the Judiciary may, during may, during the One Hundred Second Con- 202 of the Federal Railroad the One Hundred Second Congress, also serve Safety Act of 1970 (45 U.S.C. 431) is amended as a member of the Committee on Agri- gress, continue his service on these two com- by adding at the end the following new sub- culture, Nutrition, and Forestry so long as mittees so long as his service as a member of section: his service as a member of each such com- each such committee is continuous, but in "(r)(l) The Secretary shall, within 24 mittee is continuous, but in no event may he no event may he serve, by reason of this sub- months after the date of enactment of this serve, by reason of this subdivision, as a division, as a member of more than two com- subsection, complete a rulomaking proceed- member of more than three committees list- mittees listed in paragraphs 3 (a)and (b). ing to consider prescribing regulations to ed in paragraph 2. improve the safety of locomotive cabs. Such "(45) A Senator who on the la. L (lay of the "(38) A Senator who was sworn in on Janu- proceeding shall assess- ary 10, 1991, may serve as a member of the One Hundred First Congress was serving as a "(A) the adequacy of Locomotive Crash- Committee on Energy and Natural Resources member of the Committee on Rules and Ad- worthiness Requirements Standard S-580, and the Committee on Agriculture, Nutri- ministration and the Committee on Small adopted by the Association of American tion, and Forestry, may, during the One Business may, during the One Hundred Sec- Railroads in 1989, in improving the safety of Hundred Second Congress, serve as a member ond Congress, continue his service on these locomotive cabs; and of the Committee on Governmental Affairs two committees so long as his service as a "(B) the extent to which environmental so long as his service as a member of each member of each such committee is continu- and other working conditions in locomotive such committee is continuous, but in no ous, but in no event may he serve, by reason cabs affect productivity and the safe oper- ation of locomotives. event may he serve, by reason of this sub- of this subdivision, as a member of more division, as a member of more than three "(2) In support of the proceeding required than two committees listed in paragraphs 3 under paragraph (1)(A), the Secretary shall committees listed in paragraph 2. (a)and (b). "(39) A Senator who on the last day of the conduct research and analysis, including One Hundred First Congress was serving as a "(46) A Senator who on the last day.of the computer modeling and full-scale crash test- member of the Committee on Appropriations One Hundred FirstCongress was serving as a ing,as appropriate, to consider the costs and and the Committee on the Judiciary may, member of the Special Committee on Aging safety benefits associated with equipping lo- during the One Hundred Second Congress, and the Committee on Small Business may, comotives with- also serve as a member of the Committee on "(A) braced collision posts; during the One Hundred Second Congress, "(B) rollover protection devices; Banking, Housing, and Urban Affairs so long continue his service on these two commit- as his service as a member of each such com- "(C) deflection plates; tees so long as his service as a member of "(D)shatterproof windows; mittee is continuous, but in no event may he each such committee Is continuous, but In "(E) readily accessible crash refuges; serve, by reason of this subdivision, as a no event may he serve, by reason of this sub- "(F)uniform sill heights; member of more than three committees list- "(G) anti-climbers, or other equipment de- ed in paragraph 2. division, as a member of more than two com- mittees listed in paragraphs 3 (a)and (b). signed to prevent overrides resulting from "(40) A Senator who on the last day of the head-on locomotive collisions; One Hundred First Congress was serving as a "(47) A Senator may serve as a member of "(IH) equipment to deter post-collision member of the Committee on the Budget and the Special Committee on Aging and the entry of flammable liquids into locomotive the Committee on Small Business may, dur- Committee on Small Business during the cabs; or ing the One Hundred Second Congress, con- One Hundred Second Congress so long as his "(I) any other devices Intended to provide tinue his service on those two committees so service as a member of each such committee crash protection for occupants of locomotive long as his service as a member of each such is continuous, but in no event may he serve, cabs. committee is continuous, but in no event "(3) If on the basis of the proceeding re- may he serve, by reason of this subdivision, by reason of this subdivision, as a member of two committees listed in para- quired by paragraph (1) the Secretary deter- as a member of more than two committees more than mines not to prescribe regulations, the Sec- listed in paragraphs3 (a)and (b). graphs 3 (a) and (b). rotary shall report to Congress on the rea- "(41) A Senator who on the last day of the "(48) A Senator may serve as a member of sons for that determination.". One Hundred First Congress was serving as a the Special Committee on Aging and the member of the Committee on the Budget and Committee on Veterans' Affairs during the during EXON (AND OTHERS) AMENDMENT the Special Committee on Aging may, One Hundred Second Congress so long as his the One Hundred Second Congress, continue NO. 1737 his service on these two committees so long service as a member of each such committee Mr. PRYOR (for Mr. EXON, for him- as his service as a member of each such com- is continuous, but in no event may he serve, self, Mr. BURNS, and Mr. SPECTER) pro- mittee is continuous, but in no event may he by reason of this subdivision, as a member of more two posed an amendment to the bill S. 1571, serve, by reason of this subdivision, as a than committees listed in para- supra,as follows: member of more than two committees listed graphs 3 (a)and (b). Strike all on page 14, line 20, through page in paragraphs 3 (a)and (b). "(49) A Senator may serve as a member of "(42) A Senator who on the last day of the 15, line 17, and Insert In lieu thereof the fol- the Committee on Rules and Administration lowing: One Hundred First Congress was serving as a and the Select Committee on Intelligence member of the Committee on the Budget and POWERDRAKE SAFETY so the Committee on Small Business may, dur- (luring the One Hundred Second Congress SEC. 12. Section 202 of the Federal Railroad ing the One Hundred Second Congress, con- long as his service as a member of each such Safety Act of 1970 (45U.S.C. 431), as amended tinue his service on these two committees so committee is continuous, but in no event by this Act, is further amended by adding at long as his service as a member of each such may he serve, by reason of this subdivision, the end the following new subsection: committee is continuous, but in no event as a member of more than two committees "(u)(l) The Secretary shall conduct a re- may he serve, by reason of this subdivision, listed in paragraphs 3 (a)and (b)." view of the Department of Transportation's 5980 C:ONGRESSIONAL RECORD-SENA''E March 18, 1992 rules with respect to railroad power brakes, by this Act, Is further amended by adding at (1)whether the accident data on train acol- and within 18 months after the date of enact- the end the following new subsection: dents resulting in hazardous materials re- ment of this subsection, shall revise such "(v)(l) The General Accounting Office shall leases in recent years reveal that any Inher- rules based on such safety data as may be conduct a study of- ent, permanent conditions such as topog- presented during that review. "(A) the adequacy of the Secretary's rules, raphy or climate have played a causal role In "(2) In carrying out paragraph (1), the Sec- regulations, orders, and standards that are or increased the likelihood of such accidents; retary shall, where applicable, prescribe related to track safety; and (2) whether the data referred to in para- standards regarding dynamic braking equip- "(B) the effectiveness of the Secretary's graph (1) suggest that factors such as rail- ment. enforcement of such rules, regulations, or- road track and equipment maintenance prac- "(3)(A) In carrying out paragraph (1), based ders, and standards, with particular atten- tices, railroad operating practices, and train on the data presented, the Secretary shall tion to recent relevant railroad accident ex- handling procedures have played a causal require two-way end of train devices (or de- perience and data. role in or increased the likelihood of train vices able to perform the same function) on "(2) The General Accounting Office shall, accidents resulting In the release of hazard- road trains other than locals, road switchers, within 18 months after the date of enactment ous materials; and or work trains to enable the initiation of of this subsection, submit to the Secretary (3) what actions Federal agenoles may emergency braking from the rear of the and Congress a report on the results of such take, are taking, or have taken to address shall promulgate rules whatever factors are determined to be play- train. The Secretary study, together with recommendations for ing a causal role in,or increasing the likeli- as soon as possible, but not later than De- Improving such rules, regulations, orders, hood of, train accidents resulting in the re- cember 31, 1993, requiring such two-way end and standards, and such enforcoment. lease of hazardous materials. of train devices. Such rules shall, at a mini- "(3) Upon receipt of such report, the Sec- (b) CONSUI/ATION; PUBhlO COMMENT.-In mum- rotary shall initiate a rulomaking proceed- preparing the report required by subsection "(1)set standards for such devices based on Ing to revise such rules, regulations, orders, (a), the Secretary shall consult with Federal performance; and standards, taking Into account the re- departments and agencies responsible for "(ii) prohibit any railroad, on or after 12 port and the recommendations by the Gen- protecting the environment and public lands months after promulgation of such rules, eral Accounting Office submitted along with in California, and provide an opportunity for from purchasing or leasing any end of train the report. Not later than 12 months after written comment by the public on the issues device for use on trains which Is not a two- the date of submission of the report,the Sec- to be addressed in the report. way device meeting the standards described retary shall complete such proceeding and in clause (1); submit to Congress a statement explaining "(111) require that such trains be equipped the actions the Secretary has taken to im- NOTICE OF HEARINGS with a two-way end of train device meeting plement such recommendations.". such standards not later than 48 months COMMITTEE ON AGRICULTURE, NUTRITION,AND after promulgation of such rules; and FORESTRY "(iv) provide that any two-way end of train SIMON AMENDMENT NO. 1740 Mr. LEAHY. Mr. President, I would device purchased before such promulgation Mr. PRYOR (for Mr. SIMON) proposed like to announce that the Senate Com- shall be deemed to meet such standards. an amendment to the bill S. 1571, mittee on Agriculture, Nutrition, and "(B) The Secretary may consider petitions supra,as follows: Forestry, will hold an oversight hear- to amend the rules promulgated under para- On page 9, line 14, strike the quotation ing on the operation of the market pro- graph (3)(A) to allow the use of alternative motion program, Wednesday, March 25, technologies which meet the same basic per- marks and the period at the end, formanco requirements established by such On page 9, between lines 14 and 15, insert 1992, at 9:30 a.m., in SR-332. rules. the following: For further information please con- "(4) The Secretary may exclude from rules "(6) Not later than 1 year after the date of tact Lynnett Wagner of the committee promulgated under paragraphs (1), (2), and (3) enactment of this subsection, the Secretary staff at 224-2035. any category of trains or railroad operations shall transmit to the Committee on Com- if the Secretary determines that such an ex- merce, Science, and Transportation of the clusion is in the public interest and is con- Senate and the Committee on Energy and AUTHORITY FOR COMMITTEES TO sistent with railroad safety. The Secretary Commerce of the House of Representatives a MEET report concerning any action that has been shall make public the reason for granting SUBCOMMITTrEE ONTERRORISM, NARCOTICSAND any such exclusion. The Secretary shall at a taken by the Secretary and the railroad In- dustry to rectify t'o problems associated INTERNATIONAIOPERATIONS minimum exclude from the requirements of Mr. PRYOR. Mr. President, I ask paragraph (3)- with unsatisfactor,y *workplaceenvironments "(A) trains that have manned cabooses; In certain train dispatching offices identified unanimous consent that the Sub- "(B) passenger trains with emergency in the National Train Dispatcher Safety As- committee on Terrorism, Narcotics, brakes; sessment for 1987-1988, published by the Fed- and International Operations of the "(C) trains that operate exclusively on eral Railroad Administration in July 1990. Foreign Relations Committee be au- track thatis not part of the general railroad The report shall include recommendations thorized to meet during the session of system; for legislative or regulatory action to ame- the Senate on Wednesday, March 18, at "(D) trains that do not exceed 30 miles per liorate any such problems that affect safety 9:30 a.m. and to continue at 2 p.m. with hour and do not operate over heavy grades, in train operations.". a hearing on the international criminal unless specifically designated by the Sec- activity of BCCI. retary;and SEYMOUR AMENDMENT NO. 1741 "(E) trains that operate in a push mode." The PRESIDING OFFICER. Without Mr. PRYOR (for Mr. SEYMOUR) pro- objection, it is so ordered. EXON AMENDMENT NO. 1738 posed an amendment to the bill S. 1571, SUBCOMMITTEEON WATERRESOURCES, supra, as follows: TRANSPORTATION, AND INFRASTRUCTURE Mr. PRYOR (for Mr. ExoN) proposed At the end, add the following new section: Mr. PRYOR. Mr. President, I ask an amendment to the bill S. 1571, REI'ORT ON ROUTINOOF HAZARDOUS MATERIALS unanimous consent that the Sub- supra,as follows: SHIPMENTS committee on Water Resources, Trans- On page 1, line 6, strike "1991" and insert portation, and Infrastructure, Commit- In lieu thereof "1992". SEC. 15. (a) REQUIREMENT FOR REPORr.- Within 18 months after the date of enact- tee on Environment and Public Works, Strike all on page 9, line 16, through page during the ses- 10, line 22. ment of this Act, the Secretary of Transpor- be authorized to meet tation shall report to the appropriate com- sion of the Senate on Wednesday, mittees of Congress on whether, based on rel- March 18, beginning at 10 a.m., to con- HOLLINGS AMENDMENT NO. 1739 evant data concerning train accidents within duct a hearing on the Water Resources Mr. PRYOR (for Mr. HOLLINGS) pro- the state of California, there are particular Development Act of 1992 and related is- posed an amendment to the bill S. 1571, factors that make certain routes in that sues. supra,as follows: state Inherently less safe than others for the rail transportation of hazardous materials The PRESIDING OFFICER. Without At the end of the bill, add the following and, if so, what actions can be taken, with- objection, it is so ordered. new section: out unreasonably burdening commerce, to SUBCOMMITTEE ONSCIENCE, TECHNOLOGY AND TRACKBAFETY ameliorate those factors or reduce hazardous SPACE SEC. 14. Section 202 of the Federal Railroad materials traffic over any inherently unsafe Mr. PRYOR. Mr. President, I ask Safety Act of 1970 (45 U.S.C. 431), as amended routes. The report shall address- unanimous consent that the Science, March 18, 1992 CONGRESSIONAL RECORD-SENAT"E 5981 Technology and Space Subcommittee, Those who doubt the ability and the embarrassed; black bear up a tree; kids of the Committee on Commerce, work ethic of Americans should spend throwing stuffed animals into traffic. But Science, and Transportation, be au- some time with the hard-working peo- it's 1 A.M. now, and the bars are closing. thorized to meet during the session of ple at Piedmont Interfilm. Their re- People are heading home. the Senate on 1:02 A.M.: Couple arguing loudly. Probably March 18, 1992, at 9:30 ceipt of the "Vendor of the Year just "verbal assault," the dispatcher tells a.m, on the space station and launch Award" is still another example of the the car patrols. issues. reason why the American worker i8 1:06 A.M.: Two squad cars pull up to the ad- The PRESIDING OFFICER. Without consistently rated the most productive dress. A tall blond man opens the door as a objection, it is so ordered. in the world.* naked woman hurriedly slips on a raincoat. SUBCOMMIlTEE ON DEFENSE INDUSTRY AND The man looks calm. The woman looks any- TECHNOLOGY thing but. Mr. PRYOR. Mr. President, I ask THE DULUTH DOMESTIC ABUSE "We were just having a squabble," he be- unanimous consent that the Sub- INTERVENTION PROGRAM gins. committee on Defense Industry and "He was kicking the [expletive] out of * Mr. DURENBERGER. Mr. President, me," she yells. Technology of the Committee on I often find myself rising on this floor "Let's go in separate rooms and talk," Armed Services be authorized to meet to praise my home State of Minnesota says one of the officers, following the Duluth on Wednesday, March 18, 1992, at 9:30 for its creativity and courage in facing Police Department procedure for domestic a.m., in open session, to receive testi- up to some of the more vexing social disputes. mony on dual-use critical technology ills facing our country. Today is no ex-. In the living room, George G.tells his side programs being undertaken by the De- ception. Recently, the New York Times of the story. "We've been trying to work on partment of Defense and the Depart- Magazine published an article enti- things. And so we were talking. And wres- ment of Energy. tling." tled." When Men Hit Women." The ar- How does The PRESIDING OFFICER. Without ticle documented a ground-breaking' he explain the blood oozing from objection, it is so ordered. the inside of her mouth? "She drinks, you program in Duluth, MN, which treats know. She probably cut herself." From in- SUBCOMMITTEE ONSTRATEOIC FORCES AND both women who are abused by men, side the bedroom, Jenny M., whose face Is NUCLEAR DETERRENCE and the men who abuse them. puffing up, screams: "Just get him out of Mr. PRYOR. Mr. President, I ask Domestic violence is one of the most, here!And then you guys leave, too!" unanimous consent that the Sub- terrible problems facing our country The police officers probe for details, telling committee on Strategic Forces and Nu- today. Many towns, cities, and States, her that something must be done now, or clear Deterrence of the Committee on either because of ignorance or shame there will probably be a next time, and it Armed Services be authorized to meet will hurt much worse. Jenny M.glares, fear- have in the past closed their eyes to ful but furious. "He slapped me and kicked on Wednesday, March 18, 1992, at 9 a.m., this largely hidden blight. Duluth, in closed session, to receive my butt. He picked me up by the hair and testimony however, has chosen to confront it threw me against the wall." on command, control, communications straight on. "She lies, you know," George G. confides and intelligence matters in review of A Duluth citizen named Ellen Pence to an officer, who remains stone-faced. the amended Defense authorization re- has a brave and clear vision about what Jenny M.starts crying again. "I don't want quest for fiscal year 1993 and the future needs to be done to combat domestic him hurt. This is my fault. I'm the drinker. year defense plan. lie's not a bad guy." The PRESIDING OFFICER. Without violence. Central to that vision is the Following protocol, the officers determine idea that a community as a whole must that the couple live together. And thatshe is objection, it is so ordered. decide simply this: They will not toler- COMMITTEE ON INDIANAIFAIRS afraid of him. Next, they snap Polaroids of SELECT ate domestic violence-period. Duluth her bruised face, and of his swollen, cut Mr. PRYOR. Mr. President, I ask became the first local jurisdiction in knuckles. Then the police head toward unanimous consent that the Select America to adopt a mandatory arrest George G. with handcuffs. lie looks at her be- Committee on Indian Affairs be author- policy for misdemeanor assaults. seechingly. "Jenny,do you want me to go?" ized to meet on March 18, 1992, begin- But the people of Duluth recognize An officer cuts him short."George, it's not ning at 9:30 a.m., in 216 Hart Senate Of- her choice." that arresting a father, a boyfriend, a George G. thrusts his chin out and his fists fice Building, to consider for report to husband, or a mother, is not enough. the Senate S. 1602, the Fort Peck In- deep Into the couch. "But this is Just a (do- Treatment is a key part to confronting mestic fight!" dian Tribes Montana Compact Act of this problem and that is where the One cop replies: We don'thave a choice, ei- 1991; confirmation on the reappoint- city's Domestic Abuse Intervention ther.We have to arrest you." They take him ment of Carl J. Kunasek to be Commis- Program [DAIP's] comes in. The away, handcuffed, leaving Jenny M. with sioner on the Navajo-Hopi Relocation, DAIP's is a comprehensive interven- leaflets about the city's Domestic Abuse and for other purposes; and to meet on Intervention Project (D.A.I.P.). tion program which treats both the By 1:34 A.M. George G. has been booked at the implementation of the Indian Gam- victim and the perpetrator. ing Regulatory Act. the St. Louis County jail, where he will sit The PRESIDING OFFICER. Without Where the norm in the past for most out the weekend until arraignment on Mon- objection, it is so ordered. of the country has been for local au- day morning. Within an hour, a volunteer thorities to ignore reports of domestic from the city's shelter will try to contact violence unless they are witnessed, the Jenny M., and in the morning, a man from ADDITIONAL STATEMENTS program in Minnesota goes the dis- D.A.I.P. will visit George and explain the tance. consequences in Duluth for getting into "a I commend domestic fight." It is with great pride that It was 10 years ago this summer that Du- PIEMONT INTERFILM, INC., the New York Times Magazine article, RECIPIENT OF AWARD luth became the first local Jurisdiction in the program which prompted the story, America to adopt a mandatory arrest policy * Mr. HOLLINGS. Mr. President, I rise and the progressive State where the for misdemeanor assaults-the criminal today to honor the hard-working men program resides. Mr. President, I ask charge filed in most domestic violence cases. and women of Piedmont Interfilm, Inc., that the article be placed in the But the arrest policy alone is not what which recently was awarded the "Ven- Record. makes Duluth's perhaps the most imitated dor of the Year Award" from Alcatel, The article follows: Intervention program in the country. Its purpose is to make every agent of the justice an international telecommunications WHEN MEN HIT WOMEN system-police, prosecutors, probation offi- company based in France. (By Jan Hoffman) cers, judges-deliver the same message: do- Interfilm, which also sells inter- This Saturday night shift has been excruci- mestic violence is a crime thata community nationally, employs 35 people in its atingly dull for the police in Duluth, Minn., will not tolerate. The program's centerpiece Piedmont plant and is now doubling a brawny working-class city of 90,000 on the is D.A.I.P., which acts as a constant, heck- the size of its plant to 63,000 square shoreline of Lake Superior. The complaints ling monitor of all the organizations. The feet. trickle into the precinct, the callers almost project, which also runs barterers' groups 5982 CONGRESSIONAL RECORD-SENATE March 18,1992 and supervises custody visits between tween 60 and 70 percent of the men who phys- authorities and punished than men from batterers and their child: en, chugs along on ically harm their partners also hit their chil- middle-class households. "For people who $162,000 a year. Financing comes from the dren. are more disadvantaged economically, like state's Department of Corrections, founda- At this point, while intervention may be Native Americans, blacks and Hispanics, tion grants and fees for D.A.I.P.'s manuals possible, prevention seems all but unimagi- there are higher levels of all kinds of victim- and training seminars. nable. Despite the community's exceptional ization, including family violence," says An- The Duluth model-pieces of which have efforts, as Pence flatly admits: "We have no gela Browno, the author of "When Battered been replicated in communities throughout evidence to show that it has had any general Women Kill." Minnesota, in cities like Los Angeles, Balti- deterrent effect. The individual guy you Another significant problem with manda- more, San Francisco, Nashville and Seattle, catch may do it less.But in Duluth, men tory arrest is that It can backfire: on occa- and in countries like Canada, Scotland, Now don't say, 'Geo, I shouldn't beat her up be- sion, when faced with two bloodied people ac- Zealand and Australia-has been admiringly cause I'll got arrested.' After 10 years, we've cusing each other of attacking first, police described by Mary lHavlland, a New York had a lot of young men in our program whose have arrested the woman as well as the man. City domestic abuse expert, as "an organiz- (lads were in it. When this happens, children may be sent Ing miracle." "I have no idea where the next stop will into foster care. In Connecticut, which has Typically, a first-time offender is Incarcer- come from," she adds. "We're too exhausted one of the country's toughest domestic-vio- ated overnight. If he pleads guilty, he'll be Just trying to stay on top of things as they lence policies, the dual-arrest rate is 14 per- sentenced to 30 days In Jail and put on proba- are." cent. tion, pending completion of a 26-week Ellen Pence's commitment to ending fam- Many police are still reluctant to arrest batterer's program. If he misses three suc- ily violence is hard-earned. An auntwas shot because prosecutors tend to put the cases on cessive classes, he Is often sent to Jail. Men to death by her husband, a sister Is a former the back burner. Prosecutors, in turn, blame who are served with civil orders of protec- battered wife and, one night about 20 years their lack of action on the victims, who, tion are routinely sent Into the same treat- ago, a neighbor fleeing an abusive partner they say, often refuse to press charges, fear- ment program. Staff members and volun- left her young boy with Pence, who subse- ing a batterer's revenge or believing his teers from the shelter maintain contact with quently helped raise him. In 1981, D.A.I.P. re- promise of reformation. Duluth, however, victims throughout the process. ceived a $50,000 state grant for a simple but has what officials call a "flexible no-drop" Many experts regard Duluth as embodying powerful reason: the city's Judges and police policy: regardless of the victim's wishes, the the best of what the almost 20-year-old bat- chief wore the only ones in Minnesota will- prosecutor will almost always pursue the tered-women's movement has sought to ing to take her proposal seriously. A Min- case. achieve. The movement, Inspired by the nesota native, Pence, now 43, Is an exasper- "I assume that victims won't cooperate," grass-roots feminist campaign that opened ating, Indefatigable earthshakor, who, by says Mary E. Asmus, the chief prosecutor of rape-crisis centers in the late 60's, sprang up dint of her salty wit and impassioned out- Duluth's city attorney's office. Asmus has a In the mid-70's as a loose coalition of emer- bursts,simply will not be denied. working procedure for obtaining evidence gency shelters. Duluth's own shelter, the Duluth, she concedes, is not exactly the Independent of the victim's cooperation. At Women's Coalition, was founded in 1978. Re- mayhem capital of the Midwest. In 1990, trial, she'll offer police photographs, tapes of flecting the national movement's multiple homicides hit a record high of three. The calls to 911 and medical records. She also approaches a few years later, Duluth activ- local scourge Is predominantly alcoholism, subpoenas all victims. If the victim recants ists then prodded local law-enforcement not drug addiction. The people are mostly on the stand, Asmus, making unusual use of agencies to take the issue seriously and Scandinavian and Eastern European, with a a state rule of evidence, will offer the wom- eventually urged that batterers be offered modest minority of Ojibwa Indians, blacks an's original statement to police-not to Im- treatment as well as punishment. and Southeast Asians. With fir-dotted hills peach her witness, but to assert the facts of Nowadays in Duluth, women who seek help that swoop sharply down to the largest fresh- the incident. In her nine years as a Duluth from the legal system do receive some pro- water lake in the world, Duluth appears to prosecutor, Asmus has lost only three do- tection, and their batterers are usually held be a pretty decent place to live-particularly mestic-violence cases In court. accountable. After a decade of many trials for those with a fondness for Ice fishing and Nationwide, some of the most aggressive and many errors, Ellen Pence, one of the months of subfreezing weather. Its incidence domestic-violence prosecutors are in Phila- project's founders and its national pros- of domestic violence Is probably no worse delphia, San Francisco and San Diego, which elytizer, estimates that 1 out of every 10 men than anywhere else In the country, and, a files at least 200 now cases each month. To in Duluth has been through the program. decade ago, was treated just as casually. In pressure women to testify, some prosecutors During that same period, not one Duluth 1980, there were just 22 arrests for domestic have gone so far as charging them with filing woman died from a domestic homicide. assault, and only four convictions. false police reports and perjury, issuing con- Given the rate of Duluth's domestic homi- First, Ellen Pence took on the cops. tempt-of-court citations, and, in rare In- cides in the 70's, says Ponce, "there are at Traditional practice: If an officer doesn't stances, even jailing them. The no-drop pol- least five women alive today thatwould have witness a misdemeanor assault, the officer icy has ignited fiery debate. One prosecutor otherwise been killed." won't arrest. argued In a recent National District Attor- The results from Duluth are not, however, New practice: If an officer has probable neys Association Bulletin that it "smacks of wholly triumphant. One study shows that cause, Including a victim's visible injury, to the worst kind of paternalism." In West- five years after going through the Duluth believe a misdemeanor domestic assault oc- chester County, N.Y., Judge Jeanine Ferrls program and judicial system, fully 40 percent curred within four hours of the arrival of the Pirro retorts, "Some jurisdictions allow a of the treated men end up reoffonding (or be- police, the officer must arrest. In 1990, the victim to drop charges, and that'ssending a coming suspects In assaults), either with the Duluth police arrested 176 men and 23 women subtle message that they don't take the same woman or now partners. Ponce thinks for misdemeanor domestic assaults-of crime seriously." the real number may be closer to 60 percent. whom almost all were convicted. (Exports Not surprisingly, a no-drop policy often And the number of new cases each year that agree that violence by women against men is puts prosecutors at odds with the same ac- come before either criminal or family court usually in self-defense or retaliation, and is tivists who are demanding that the justice Judges has remained constant-about 450 a often less severe.) system go after batterers. Susan Soheohtor, year. Over the years, mandatory arrest has be- author of "Women and Male Violence," con- "The changes in the country have been come Increasingly popular, having been tends that such a policy can erode a battered enormous," says Elizabeth M. Schneider, a adopted, though inconsistently enforced, In woman's sense of self-esteem and control, Brooklyn Law School professor and expert dozens of municipalities and 15 states-al- "particularly when she has a good.sense of on battered women. "Butwe seriously under- though recent studies have called into ques- her own danger and what's best for her and estimated how wedded our culture Is to do- tion whether police arrests are the best way the kids." Pence says that in Duluth, mestic violence." Upward of four million to protect domestic-abuse victims. D.A.I.P. has managed to cut the dual-arrest American women are beaten annually by Still, mandatory arrest earns favorable re- rate way down. "We trust our system," she current and former male partners, and be- views from police and prosecutors, and a says, "so we're willing to force a woman into tween 2,000 to 4,000 women are murdered, ac- D.A.I.P. survey found that 71 percent of the it." But Ponce doesn't condone mandatory cording to the National Woman Abuse Pro- victims approved of the Duluth police's han- arrest or no-drop prosecutions unilaterally. vention Center. C. Everett Koop, the former dling of their situations. But some battered- While tougher policies have diverted more Surgeon General, has identified domestic vi- women's advocates remain skeptical, par- cases into criminal court, women who just olence as the No. 1health problem for Amer- ticularly because the policy can be dis- want their abusers out of the house but not Ican women, causing more injuries than proportionately tough on poor minority fam- sent to Jail seek relief through a different automobile accidents, muggings and rapes ilies. Most experts point out that while bat- route: the civil order of protection, which combined. The connection with child abuse tering occurs across all races and classes, limits the batterer's contact with the woman in a family has been well documented: be- poor people are more likely to be reported to and her children. Applying for such an order March 18, 1992 CONGRESSIONAL RECORD-SENATE 5983 can be a labyrinthine undertaking--oven on soling is the American way to heal a prob- 'hen there are tile outright threats.If she a good day. Every jurisdiction has its own lem," he says. "She'll think, 'If he's trying, leaves him, he'll tell child-welfare services criteria for who qualifies, as well as for the I should support him,' while he's thinking, that she's a neglectful mother. Or he'll kill duration of the protection order. Women 'I'll go to the program until I got what I her. Or himself. with mixed feelings about getting the order want-my wife back.' But his being in coun- Schroyer and the other group leaders in the first place can quickly become frus- seling may increase the danger for her be- stress that when the violence does erupt, trated. cause she has got her guard down." contrary to a batterer's favorite excuse, he And judges become frustrated with them. In Duluth, when a batterer enters D.A.I.P., has not lost control. "You chose the time, Gender bias studies of various state court officials at the Women's Coalition shelter the place, the reason, how much force you'd systems have sharply criticized judges for will stay in close touch with the victim; a use," Schroyer tells them. "She didn't." penalizing battered women. In Duluth, the women who is reluctant to report another But convincing men that they are better D.A.I.P. targeted the judiciary. "We ex- beating to police can confide in a shelter off without that control is perhaps the most plained why they were seeing what they wore counselor, who will tell a group leader, who challenging impediment to treatment. One seeing," Pence recalls. "They were Interpret- may confront the man in the following night a batterer huffily asked. "Why should ing a woman's fear as ambivalence and mas- week's session. men want to change when we got it all al- ochism. We showed them what happened In Nearly half of all batterers have problems ready?" cases when they just gave a guy a lecture or with substance abuse, especially alcohol, and Brenda Erickson, one of the Duluth women a fine." Now she occasionally trots out one D.A.I.P. group leaders often have difficulty who appeared before Judge Campbell, had or two Duluth Judges on her judicial-training persuading men not to blame their violence been thinking about leaving her husband, sessions around the country, One grumbles on their addictions. John J., 35, a Duluth Mike, for a long time, Mike had always told fondly that "Ellen Ponce is turning us into man who once beat a marine senseless with her that she was fat, ugly and stupid,and be- feminist tools." a lug wrench, raped the women he dated and sides, no man would want a woman with Judge Robert V. Campbell of Duluth's Dis- kicked the first of four wives when she was three children, so she'd better stay with him. trict Court presides over most of its order-of- pregnant, thought he'd become violence-free Brenda never thought she was a battered protection hearings. If a woman fails to ap- after going through the D.A.I.P. batterers' woman, because Mike had never punched pear in court because her abuser may be program and Alcoholics Anonymous. One her. present, "I'll continue the order for a month night several years later, though sober, he The social psychologist Julie Blackman or so, on the theory that she's being Intimi- shoved his third fiancee so hard that she points out that a byproduct of the attention dated," Campbell says. A Duluth woman wont flying over a coffee table. "Men have given to the Lisa Steinberg tragedy several named llrenda Erickson, whose request for more courage when we're drunk," he says, years ago is that the public now mistakenly an order against her husband alleged that teary-eyed with shame, during an interview. associated battered women with the he'd raped her, had her first brush with the "But the bottle didn't put the violence there smashed, deformed face of Hedda Nussbaum. justice system before Judge Campboll. lHer In the first place." Susan Schechter finds that many abused husband's attorney argued that his client Why do men hit women? "Men batter be- women who are not as bloodied as the char- could not have raped her. "Your honor," cause it works," says Richard J. Gelles, di- actor portrayed by Farrah Fawcett in "The Erlckson remembers the lawyer protesting, rector of the Family Violence Research Pro- Burning Bed" do not believe they deserve "she's his wife!" gram at the University of Rhode Island. aid. "Many battered women see themselves The judge, she says, all but leaped down "They can not only hurt a women but break as strong, as keeping together a family, in from the bench, sputtering, "If she'd been down her sense of self-worth and belief that spite of what's going on," Schechter says. raped by a stranger, would you expect her to she can do anything about it." Mike often assured Brenda that if he went live with him, too?" "And I thought, Oh God, Some programs use a therapeutic ap- to jail, it wouldn't be for wife-beating-it he understands how I feel," Erickson says. proach, exploring family history. Others em- would be for her murder.When he was angry, Six glum faces, 12 crossed arms-nobody ploy a model inspired by the psychologist he would shatter knickknacks or punch a thinks they did anything wrong, so why do Lonoro Walker's "cycle of violence" theory hole in the wall right next to her head. Bren- D.A.I.P. they have to be here? Ty Schroyor, a of battering: the man goes through a slow da is 5 foot 1 and Mike is 6 foot 3. "Imagine doter- group leader, assumes an expression of buildup of tension, explodes at his partner an 18-wheeler colliding with a Volkswagen," mined cheeriness as he greets this weeks re- and begs her forgiveness during a honeymoon she says. "So I learned how to say 'yes' to cruits, all ordered by the court to the period. him, to defuse situations." batterer's program. Some ground rules: But Pence criticizes "We don't call women 'the old lady,' 'the both approaches for Over the eight years of their marriage, the falling to confront a batterer's hatred of family subsisted on welfare and Mike's occa- wifo,' 'that slut,' 'that whore,' 'the bitch,' In 'that fat, ugly bitch.' ** *" The list quickly women, as well as his desire to dominate sional earnings as a freelance mechanic. becomes unprintable. them. Duluth's26-week program Is divided In the final years, Brenda cooked In a res- "So what should we call her-'it'?" says a two sections. The first, usually run by a taurant,worked as an aide for Head Start man who calls himself Dave, as the others mental-health center, emphasizes more tra- and cared for their three sons. According to snicker. ditional counseling that trios to teach men Brenda, Mike chose not to seek a full-time "How about her name?" snaps Schroyer, to walk away from their anger. The second, job in order to keep an eye on her. She who himself was arrested nearly a decade run by D.A.I.P., provokes men to face up to couldn't even go to the grocery store alone. ago for pounding Ills wife's head against a their abuse and to identify tie social and Frequently, le raped her. "He'd rent por- sidewalk. cultural forces underlying it. (In 1990, Duluth nographic films and force me to imitate Trying to change a batterer's behavior to- sent 350 men through its program. By com- them." Bronda says. The sex was often rough ward women makes pushing boulders uphill parison, Victim Services in Now York City and humiliating. "He thought that If we had look easy. Nonetheless, at least 250 different sent 300.) sex a lot I wouldn't leave him." Mike ac- programs around the country, filled with Bill, 30, admits that he once believed "you knowledges that there was "mental abuse" volunteer and court-referred clients, are hav- were allowed to hit a woman if you were in their marriage, but not what he'd call ing a go at it. Among them, no consensus has married-the license was for possession." A rape. "I'm oversexed, but there's nothing emerged about philosophy or length of treat- sense of entitlement pervades the men's wrong with that." ment: Phoenix courts send their batterers to groups: When Schroyer asked one man why A frlond at work, sensing Brenda's distress 12 weeks or more of counseling sessions; San he cut telephone cords in his house, the man gave her the number of the Women's Coali- Diego batterers must attend for a year. shouted, "Why should she talk on something tion shelter. Brenda would call anony- Edward W. Gondolf, a Plttsburg sociologist I paid for?" mously, trying to figure out if she could pos- who has evaluated and developed batterers' Duluth batterers don't necessarily have to sibly escape. Finally, she just picked a date: programs for 12 years, says, "We're making a slap, punch, choke, kick with steel-toed Feb. 9, 1988. dent with garden-variety batterers"-first- boots or crush empty beer cans against a That morning, she told Mike she was tak- time or sporadic offenders-"but there's an- cheekbone to keep their partners terrified. ing the kids to school. Once there, a shelter other cadre, tie most lethal, who are still During arguments, abusers will floor the gas official picked them up. When Bronda walked out of our reach." Batterers who go through pedal, clean hunting rifles or sharpen knives into the handsome Victorian house filled the legal system should be more carefully at the kitchen table, smash dishes and tele- with women and children, she felt an over- screened, he says, and some confined. Mone vision sets, call her office every two minutes whelming sense of relief. whom he would categorize as antisocial or and hang up. One man smeared a peanut but- Women stay in abusive relationships too even sociopathic batterers-about 30 per- ter and jolly sandwich in his wife's hair. One long for many reasons. Susan Schechter says cent-not only resist intervention, but may woman's ex-husband wrote her phone num- it can take years before physical abuse be further antagonized by it. ber In the men's rooms of Duluth's seediest starts,oven longer for a woman to learn "not He cautions women not to be taken in bars, with an invitation to call for a good to blame herself or his lousy childhood for when their partners enter counseling. "Coun- time. his violence." Brenda refused for years to be- 5984 CONGRESSIONAL RECORD-SENATE March 18, 1992 lleve her marriage wasn't working. Another But Deborah Erickson refused to file gaining an average of 10,000 Jobs a year. And Duluth woman, who endured a decade of charges against Mike or oven to speak to a its residents' real earnings have grown 9 per stitches and plaster casts, sobbed, "We did volunteer from the Women's Coalition. She cent in the past three years. have some wonderful times, and he was my has been in abusive relationships before, but In the mid-1970s, there was a public uproar entire world." she's certain this marriage is different. "I over school busing, and In the early 1980s, Some women stay because they may have told the cops, 'loy,it happened, but it's not Louisville was dubbed "Strike City" for its reasonable expectations that they will die happening again.'" contentious labor relations. But now, the leaving. As many as three-quartersof the do- Those who are in a position to help bat- city's schools are being hailed as some of the mestic assaults reported to authorities take tered women tend to deny the gravity of the best in America, and the relations between place after the woman has loft. problem. "Doctors still believe the falling- management and workers are mill-pond Some women stay because they can't af- down-stairs stories, and clergy still Loll quiet. ford to leave-or because, long since alien- women to pray and go to a marriage coun- What happened? How did Louisville turn ated from friends and family, they have no selor," says Anne Menard of the Connecticut the tide? Are the city's movers and shakers place to go. There are about 1,200 shelters Coalition Against Domestic Violence. smart, or Just plain lucky? scattered across the country, many report- But Congress has begun to act. In 1990, It As It turns out, there was no panacea, no ing that they must turn away three out of passed a resolution, adopted by 30 states, single solution to the problems that ailed every four women who ask for help. Duluth's urging that domestic violence by a parent be this city. Many efforts came together to shelter can house up to 30 women and chil- a presumption against child custody. The build a more cohosive and cooperative com- dren; the shelter of Las Vegas, Nov. (popu- most dramatic policy reform, however, may nmnilty--a community, in fact, that's lation: 850,000), has only 27 beds. be Senator Joseph R. Bldon Jr.'s ponding VI- emerged as a thought-provoking model for But when Bronda finally made the decision olence Against Women Act, which proposes, cities and regions whoso leaders feel as If to leave, she had more options than most among other things, to stiffen penalties for they've slipped their moorings and lost con- battered women in the country-the full re-' domestic abusers. trol in this recession. sources of the shelter and D.A.I.P. wore But while the use of the crlminal-Justico Leaders hero say that they've achieved a available to her. Shelter staff members system to quash domestic violence has kind of restructuring, or perestroika, of the screened her phone calls, and Pence spoke gained currency around the country, Ellen area's economy. As Paul Coomes of the Uni- with Mike on Brenda's behalf; she joined a Pence's advice to women In battering rela- versity of Louisville put It, "The city is now women's support group, and a counselor led tionships Is simply this: leave. Leave because known more for artificial-heart surgery than her through the first of what would be many oven the best of programs, even Duluth's, for smokestacks, more as a world air hub for appearances before Judge Campbell in family cannot Insure that a violent man will change United Parcel Service than for barge and rail court. But things did not go smoothly. his ways.* traffic." Mike did manage to complete the Politics was part of the transformation. In batterers' group program and made several a community that had gone through two passes through substance-abuse treatment. A HOME RUN FOR LOUISVILLE'S rather bitter city-county merger fights, Yet, even though Brenda had filed SLUGGERS Jerry Abramson, the mayor, and Harvey for three Sloane, then-Jofforson County judge (the separate orders of protection, the net effect was negligible: she claims to have suffered * Mr. FORD. Mr. President, while we county's top executive post), cut a deal to harassing phone calls, slashed tires and bro- seem to be continuously barraged with share their wage taxes under a negotiated ken car windows. D.A.I.P. officials pressed stories on the hardships and difficult formula. The result: Fewer fights over which economic problems faced by our Na- government would outbid the other for now police to investigate, but because the offi- anti relocating companies. cers never caught Mike on the premises, he tion's cities, it is refreshing to hear On the Industrial front, a broad coalition was never arrested. that there is a road map to success as decided that radical action was necessary to After the divorce was granted, they contin- shown by the exciting growth of Ken- save the area's Ford Motor Co. plant from ued to battle over visiting the children. tucky's largest city, Louisville. extinction. A worker retraining program was Brenda had ultimately left Mike because of with state and local govern- her children-the eldest, then In kinder- The hard economic times faced by put together our country have presented all of ment aid. And then the governor, mayor, garten, was already angry and traumatized. Jefferson County judge, senior managers of Research Indicates that children exposed to America's cities with serious and de- manding challenges. Louisville and the the Ford plant anti local United Auto Work- family violence are 10 times as likely to be ors leaders all went to Ford's headquarters abused or abusive In adult relationships. surrounding area have met these chal- In Detroit to argue that the Louisville plant Two years ago, D.A.I.P. opened a visitation lenges head on by combining resources (which, ironically, once produced the ill- center at the Y.W.C.A. for noncustodial par- and working as a team. Through inno- fated Edsol) could become the Ford system's ents whom the has granted supervised court vation, accountability, cooperation and most competitive facility. time with their children. The entrances and just plain hard work, Louisville has be- Ford decided to keep Its Louisville plant, exits are such that neither parent has to see Invested $260 million in it and trained almost the other, and, under the watchful gaze of a come a shining example for the coun- try of how working together as a com- the entire work force in sophisticated now D.A.I.P. staff member, parent and children manufacturing techniques. Now, a program have the run of two largo living rooms, a munity can resuscitate our Nation's of continuous retraining-including every- small kitchen and a roomful of toys. This is cities. thing from a plain-vanilla general education where Brenda's boys have been seeing their There is no doubt that Louisville's degree to the basics of a master's degroo-are fatherand his now wife. movers and shakers have been re- available at the plant. Workers participate Brenda Erlckson is now an honor student warded for all their efforts and are to heavily. at the University of Minnesota in Duluth, be commended. I believe that countless The Ford plant manufactures the husky majoring in family life education. "Mike has now four-wheel-drive Explorer, the Ranger some good qualities," she allows, "but this other communities can learn from their example. I hope you all take time pickup truck and-amazingly-a vehicle that sure as hell beats walking around on egg- Japan's Mazda Motor Corp. buys and calls shells. The boys and I are so much more re- to road the well deserved National the Navajo. laxed and able to love each other. And I Journal article, which I would like to Sitting at a table next to the assembly line found a strength I never knew I had." be printed in the REcoRD in full. and listening to Ford, union and local gov- On a Friday night last fall, Mike Erickson Tie article follows: ernment representatives boast about the was finally arrested for domestic assault and A IIOMMRUN FOltLOUIrVIInl.'S S.LUOOrts plant's training and productivity, one gets violently resisting arrest. The victim was the fooling of watching the now approach not Brenda,however, but his new wife, Debo- (By Neal R. Peirce) that Americans will need to do business in rah, and her teen-age son. In the ensuing LoUIsvIl,Rh.--In the midst of a biting na- the future. Here's a glimpse of a cooporativo brawl, it took four officers and a can of Mace tional recession, hero's one community spirit, based on a mutual desire to avoid an to get him into the squad car, as he howled: that's been fixing some of its bad old habits industrial rout, that's replaced the old ad- "I wasn't domesticating with her. I was a'id finding now ways to keep its head above versary ways. drinkingl" lHepled guilty to all charges antd water. And while many of the nation's major Not wanting to leave anything to chance, served 36 days on a work farm. Mike Is now urban areas have been stagnating or even the area also has a major economic pro- enrolled in the D.A.I.P. program. "That shrinking, here's one that's actually been motion campaign that embraces not Just night I pushed my stepson and backhanded growing. Louisville and its Kentucky neighbors but my wife because she pulled the phone out Reversing a dramatic loss in manufactur- counties across the Ohio River in Indiana. and I got irritated," he says. "It'shard for ing Jobs In the early 1980s, the Louisville On education, there's boon an almost total me to shut up when I get going." market area in the past five years has been flip-flop from the bitterness and mediocrity March 18, 1992 CONGRESSIONAL RECORD-SENATE 5985 that plagued the schools after the court-or- Ills neighbor, Tel Aviv Mayor Shiomo are holding over Israel is slowly but surely dored 1974 merger of the overwhelmingly Lahat, also was quick to respond but, in the withering In their hands. More and more Is- black schools here and the mostly white process, angered many of his own citizens. raelis have reached the point where they schools in Jefferson County. Lahat called Tel Aviv residents leaving the would rather not have the loan guarantee Much of the credit apparently goes to Don city during the attacks "deserters." A re- than submit to further international politi- Ingworson, a soft-spoken, understated school mark that will certainly haunt him if he cal and diplomatic embarrassment. superintendent. lie set up model training again seeks public office In that city. For several years, the United States and procedures for teachers, pared the central Just prior to the end of the Gulf War, other Western powers have been pressuring bureaucracy and middle management and Lahat remarked that the residents who the Soviet Union to release the Jews held gave individual schools wide latitude to set stayed behind were "beginning to treat mis- within its borders. Since the release of these up "magnet" programs and shape their own silos the way old soldiers treat bullets." Hie people began a couple of years ago, Israel has curricula. was proud of their response to the Incoming been providing them homes. When the state government enacted the missiles. For this reason, that little country has nation's most sweeping education reform law Both Ramat-Gan and Tel Aviv impressed asked the United States to sign a $10 billion in 1990, it looked to Jefferson County for ad- me with the continuation of municipal serv- loan guarantee. This would require our coun- vice. ices despite the problems caused by Incom- try to set aside $300 million in case of an Is- Louisville's business community has been ing missiles. Until the final Scud arrived, the raeli default. That country has never de- solidly behind the school reforms, with 700 people and their elected officials anticipated faulted and the set-aside dollars are safe. It school-business partnerships and $40 million that the next missile would be carrying a wouldn't cost us a cent. In aid since 1980. Corporations In the area chemical warhead. A poison gas-loaded mis- Last year, Bush and Baker determined helped to buy enough computers so that the sile never arrived. they would block any loan guarantee unless school system will graduate, In 1994, the first Although the international press reports Israel stops building villages in Judea and class trained on computers from kinder- would have you believe that Tel Aviv was Samarla. They made it clear they wanted garten through high school. The next project the recipient of most Scud damage, it was the Jews to stop building to enhance the is to buy laptop computers for the kids to neighboring Ramat-Gan that was hit with peace talks with Palestinians in this area of work on at home. the most impact. Four areas of that city contention. By adopting a form of the so-called Boston were hit, one by a falling U.S. Patriot anti- Not one mention was made about Muslims Compact, Louisville sought to cut the drop- missile missile. or Christians being allowed to continue out rate in return for promises of training Ramat-Gan suffered one death and 128 building. The Arabs have been building and and Jobs after graduation. The "compact" wounded. The city also had to evacuate 780 continue to build in this area as more than failed in Boston when the schools failed to residents from destroyed homes to nearby 150,000, including 60,000 from Kuwait, have improve student performance. But in Louis- hotels In and around Tel Aviv. The attacks moved Into the area in recent years. The ville, Malcolm Chancey, the president of the on this city made it necessary to raze and re- Arab population of Jerusalem has Increased Chamber of Commerce, boasts that "the build 20 buildings and 102 apartments. Be- at twice the rate of the Jewish population. school system uphold its end of the bargain." cause of extensive damage from the Scuds, it Arab settlements in the West Bank area No one should believo that Louisville is, as was also necessary to renovate 2,600 apart- have been built six times more rapidly than urban America goes, a nirvana. Last year, it ments In 270 buildings. Most of the renova- the Jewish building programs. In addition to had more than 11,000 homeless men, women tion has been completed, but now replace- this, although it Isn't mentioned in polite and children. One in four children In Jeffer- ment buildings, one year later, are still company, when Palestinian spokesperson son County lives below the poverty line. under construction. lIanan Ashrawl demands a Palestinian na- But mostly, the community seems to be a Much unseen Scud damage to buildings has tion, she means the Jews now living there target-and cares about a shared future. In a become evident during recent weeks as rains will be shipped out.This is exactly what has firm but polite way, government, industry, pour down on Israel after six years of happened to more than a million Jews who unions and the schools all seem to be holding drought. Again, as in the past, Ramat-Gan's settled in Israel after being run out of Arab one another mutually accountable. There Zvl Bar Is responding to the needs of his resi- countries. seems to be an exciting effort here to rede- dents as the river rises and the city builds Almost 800,000 Arabs now live within the fine, and relaunch, the tattered American so- dirt banks to hold it within its normal flow pre-1967 borders of a democratic Israel. There cial contract. channel. As they were when the Scuds ar- Is not the same distaste for pluralism in Is- If it can be lone in a city and region with rived in 1991, he and his city are prepared be- rael as there is In most Arab nations. The a history as adverse as Louisville's, it ought fore the flood waters arrive. Palestinians expelled last year from Kuwait to be possible anywhere.* The replacement apartments being con- can attest to this statement. structed in this city are being built bigger More and more Israelis, still willing to than those destroyed. Bar asks, "Why should take military and humanitarian risks for AN INSIGHT INTO THE SITUATION people be crowded back into apartments that their friends in the United States, are ques- IN ISRAEL were too small for them before the Gulf tioning the wisdom of even having asked for the guarantee. This is especially true be- * Mr. REID. Mr. President, I ask that War?" He doesn't expect an answer nor does he apologize for putting his evacuees in five- cause Baker has made remarks that place five articles by former Governor of Ne- star hotels instead of tents last year. him in the middle of the upcoming election vada, Mike O'Callaghan, be entered The popular mayor makes special arrange- in Israel. His remarks aren't appreciated by into the RECOIID in full. Governor ments for the elderly, lie arranged for volun- any Israeli and might eventually get the O'Callaghan has traveled to Israel a teers to aid them last year and now has Likud Party and hard-liner Prime Minister number of times, and his insight on the taken official steps to keep them from pay- Yitzhak Shamir re-elected. If left alone, ing higher property taxes because their new there Is a better-than-even chance the Israe- situation there is very sharp. I think lis may replace Shamir with a more liberal we can all learn something from his ob- apartments are bigger than the ones they lost last year. Bar says, "Most of our elderly Yitzhak Rabin and the Labor Party. servations. have suffered enough in the countries they A recent article in the Jerusalem Post The material follows: left" before coming to Israel. He was espe- newspaper titled "Sorry we troubled you, [From tie Las Vegas Sun, Mar, 7, 1992] cially concerned about those who had es- Mr. Bush" hits at the heart of the requested ISRAELbA YARIlAPE r:U IRAQ'S SCUl A''r'ACKS caped Nazi gas chambers and then had to loan guarantee. Shmuel Katz writes, "What is new is the brutal tone of the pressure on (By Mike O'Callaghan) face Scud attacks wearing gas masks. Visiting with Mayor Zvi Bar and the peo- Israel, which has Increased in decibels since RAMAr-GAN, ISRAEl,.--What a difference a ple of this city gives me the feeling that Sad- the Gulf war. It is apparent that at that year can make. It was but a year ago that I dam Hussein not only failed to hurt them, he time, in addition to a $7 billion gift to Egypt left Israel, a day after the last Scud from actually made them stronger. The large Iraqi and a maneuver adding power to Syria in an Iraq fell on this country. Upon my return to population of Ramat-Gan and their Kurdish almost dechristianized Lebanon, promises Las Vegas last year, several of my pictures mayor only wish that Desert Storm had fin- were made to these allies relating to Israel. of thle damage done to the cities of Tel Aviv ished the job before withdrawing from the "They were given to understand that and Ramat-Gan were published iii the Sun. land they once called home. Washington would ensure the withdrawal of During the period of those attacks, like Israel back to the 'Green Line' of 1949-that most writers covering the situation, I was iFROrMTHi' LAS VEGAS SUN, MAR. 6,1992) is, the first of the Arab dream of dismantling impressed with the calm approach to the en- * * *" THE LOAN Israel. tire matter by Ramat-Gan Mayor Zvl Bar. GUARAN'PrTST'ICK(BY MIK O0 In another article, writer Yohanan Ramati lie was a voice of reason and his response to (By Mike O'Callaghan) asks "Can the U.S. guarantee anything?" the needs of his citizens was quick and thor- The loan guarantee stick that President Going even further is Professor Hertman ough. Bush and Secretary of State James Baker Branover when writing, "We were naive to 5986 CONGRESSIONAL RECORD-SENATE March 18,1992 turn to President George Bush for favors, of the Palestinianshad cooperated with the Some GOP leaders believe that James considering his present domestic invading Iraqis. Baker is needed to aid President Bush in his founderlngs. Facing a feverish election, an Even during the Iraqi Scud attacks the Is- re-election campaign. Baker is a proven suc- ailing economy and an Illusory completion raells knew that their most dangerous cessful political operator who also enjoys of the Gulf War, he will dictate conditions to enemy was on their northern borders. The traveling in the world of high diplomacy. If us In the hope of regaining popularity at Syrian and Israeli border of 48 miles was he is brought back into the 1992 campaign, It home. Our request for American loan guar- being expanded to include the border of Leb- could be a blessing in disguise for both antees Invited U.S. Interference, and Bush anon. Also, continuing Arab terrorist at- George Bush's political future and our suc- will gladly use the opportunity we have tacks from within and without not the tone cess in foreign affairs in the Middle East. given him to force us into compromising po- for more Israeli concern. Right now, Baker is steering us down a sitions." When the Scud attacks ended, it was Sec- highway leading to severe future problems. Branover completed his article, titled retary Choney who recognized the military It's time for someone like Dick Choney to "America can keep Its loan guarantees," by problems facing Israel. Although Cheney got us back on the road of common sense, concluding, "Israel has the potential to heal hasn't served in the military, he's a quick guided without ideas conceived from igno- Itself from within. It shouldn't let itself be study. As one prominent Israeli combat gon- rance. pacified with superficial cures at unreason- oral told me, "lie has the ability to under- able prices. Encouraging the health of the stand military threats ant can evaluate dan- [From the Las Vegas Sun, Feb. 29, 1992] economy through private Investment and gerous political and military situations." FOUND: Il1iARI,'s MOST VAIUAlnHi REsouniCg commercial growth will prove that not get- What he was tolling me was that Dick Cho- (By Mike O'Callaghan) ting the loan guarantees is the best remedy noy is a bright man with a wealth of com- MIUTUII,A, ISIRAhI.-A year ago this week, of all." mon sense, probably developed in the open following the delivery of Saddam Ilussein's During the past several days In Israel, not spaces of Wyoming. 80th and final Scud, I loft Tel Aviv for Las one person asked me about the requested that The Israelis belleve the only reason Vegas. That ended my ninth trip into this loan guarantee. They are concerned that Syria hasn't attacked their country in re- they haven't seen the UNLV Rebels on tele- country and, although I had come close, my cent years is because of their past invasion search for the true spirit of this little nation vision, and they go to work every day to failures. Also, they no longer have big broth- to live hadn't been successful. make a better place for their children or in Moscow backing them up as they have quality of a people rises to the top from the terror- The and to provide them shelters for the past decades. during times of economic pressure and/or ists bombs and rockets. But has Syria's hate and hope for the de- of dur- Yes, and the Israelis will still be our physical danger.The response Israelis struction of Israel mellowed? Iardly; In fact, ing the Scud assaults on Tel Aviv and Ramat friends in the Middle East and do our dirty that country has gone on a military spenl- work when our own leaders would rather not Gan last year was superb. Watching them ing spree with money given them by the oil bring their babies and pots into the sealed discuss the hanging and brutal slaying of states. A spending spree unmatched by any or the untimely death of rooms in the middle of the night was a heart- American hostages other country In that area of the world. warming experience. There was even time for 241 Marines on a peacekeeping mission. The "Missiles launched from central Syria can Israelis I know just don't want to be used as a joke or two before the all-clear siren would now be delivered accurately on 98 percent of toll us the Scud had fallen whore it would do diplomatic and political punching bags by our population," an Israeli military officer Bush and Baker. us no harm. told me. Then he pulled a map from a roller Last week, this northern section of Israel on the wall that showed Syria and the loca- [From the Las Vegas Sun, Mar.4, 1992] was rocked by 160 Katyusha rockets fired tion of that country's weapons and Its regu- across the border from Lebanon. The border (By Mike O'Callaghan) lar army and air force units. towns of Kiryat Shmona and Motulla bore NORTHERN IBRAEI.-Secretary of State Hero are the notes I took during the brief- the brunt of these attacks. James Baker may have the job of foreign re- ing on Syria: Heavy snows have covered some of the lations assigned to him, but I've come to be- Seven tank divisions; damage done by 122mm and 240mm Soviet- lieve that in the Middle East, the true Three mechanized divisions; designed rockets. However, the water from friends of the United States have more re- One commando division; molting snow pours through the hole a rock- spect for Secretary of Defense Dick Chonoy. Eight independent commando regiments, ot made in the Kiryat Shmona bus depot. It Long before Baker made his first visit to made up of 95 percent regular military, as hitthe concrete roof at high noon as people Israel, exactly one year ago, he had already compared to Israel'sforces of only 10 percent lined up for their tickets and rides. The ox- made up his mind about how he could and regulars. plosion wounded 15 people with flyig con- would handle the Israelis. Baker and his Also listed are 69 Syrian surface-to-surface crete and debris. Despite the interruption, State Department minions had been approv- missile launchers, with 600 missiles, of which the efficient Israeli bus system was soon ing sales of dangerous war-making materials 100 have chemical warheads; 302 combat heoll-back on schedule. for Iraq's Saddam Hussein right up until a copters; 698 combat aircraft, Including the The rocket attacks usually came at night. few weeks before his army crushed tiny Ku- latest Soviet MIG 29s; 4,508 tanks, including "They came three times a night with five to wait. 1,160 Soviet T-72s; 4,158 armored personnel nine rockets in a salvo," the city clerk told Despite warnings from Israel, the only true carriers; 201 self-propelled long-range artil- me. The people of Kiryat Shmona, a city of democracy In the Middle East, Saddam Hus- lery pieces; plus 1,774 towed guns and 3,750 20,000 people including 3,000 refugees from sein had friends in the Bush administration, anti-aircraft guns. Russia and Ethiopia, didn't leave town. Including the boss living in the White House, Time ant time again, Israel has raised tlhe A city security man believes the recent and Baker, the president's fellow Texan. red flag as Syria's Hafoz Assad continues to heavy snows have been a greater hindrance Following the Gulf War, the people of Is- shop for more offensive weapons. Right now, than the rocket attacks when considering rael, having held their fire at our request, many of the better military minds in this the city's vital services. The markets re- believed there was hope we had learned our country believe the only people listening to mained open and so did the movie theater. lesson about Middle East politics. Certainly, them are U.S. military people and Secretary The local schools also remained open. Saddam Hussein had taught us that he, like Dick Chenoy. When the one salvo came in at the noon all dictators who held power with acts of "I have only one assignment and that is to hour, the youngsters went to the shelters. brutality, couldn't be trusted. defend Israel. We sit hero and watch them They loft for home at the regular dismissal However, even during the Gulf War, when build up their army," a general told me. time and wore back In school the next day. Syria gave us lukewarm military support,we Then he added, "Syria is also using Lebanon Many of the youngsters who have been raised set the stage for even more disappointment as an area to harbor terrorists to strike into in this area have been under fire In past as we turned our backs and allowed that Israel. That's why it's necessary for us to years. country to complete Its slaughter of Leba- maintain a security zone of 1'/ to six miles." As we drove up the road from Kiryat nese Christians. We followed the distasteful When landing in Tel Aviv 11 days ago, my Shmona to Metulla, the snow became deeper theory that It's less dangerous to kick a civilian airliner had to circle over the area and more trees with branches broken by the friend than an enemy. Secretary James Baker wants Israel to aban- wet snow lined the road. We drove the Iraqi army from Kuwait. This don to the Palestinians. The same Palestin- Today, Motulla, buried in three foot of resulted in that newly liberated country ians who only last year stood on their roof- snow, looks like a mountain village about to driving a least 100,000 Palestinians out of Ku- tops and cheered as Iraqi Scuds flow over- host the Winter Olympics. Surprising as it wait and into nearby countries, where they head on the way to heavily populated Israeli may seem, some Russian refugees have built weren't received with open arms. Also, the cities. As we dropped down to land during a an Indoor ice rink here and are teaching Is- people of Kuwait held their own bloodbath to thunderstorm, I was happy that these same raeli children how to skate and play hookey. even the score with the people they believe people weren't beneath me with a small anti- While France was hosting the Winter had helped the enemy. They knew that many aircraftmissile. Olympics, this tiny town was receiving rook- March 18, 1992 C:ONGRESSIONAL RECORD-SENATE 5987 et fire from an unseen enemy across the was bombed, pictures were developed for barbed wire pleased to learn of Suntory's plans to fence in Lebanon. propaganda purposes. import a Nearby, a little girl, running out to greet Time and again, Israel raiders have gone broad array of U.S. goods- her father, was killed by an exploding rock- long distances to take out terrorist leaders from ovens, cooking utensils and cups et. and have loft other family members alive. and counters, to the baking dough and Her death is on the minds of all the local This can't be done when the target is in a ve- actual food ingredients-from the Unit- people. In fact, the death of this child is on hicle convoy which can only be hit from tile ed States, the mind of every Israeli. Life Is most pre- air. I wish both companies the best in olous to those who live next door to death. Mussawl has bragged several times about their new undertaking.* Up the Lebanon road from Motulla, only his men who were martyred when driving one lane was cleared of snow, and the snow high explosives into the U.S. Marine bar- banks along the road are three and four feet racks more than eight years ago. The result- FIRST IN SAFETY WINNERS high. ing explosion killed 241 peacekeeping Ameri- Ahron Davldl, my friend, was tolling me cans. Other Hezbollah drivers pulled the * Mr. HOLLINGS. Mr. President, I rise that even Israeli vacationers refuse to leave same stunt at a nearby French peacekeeping today to extend my congratulations to Motulla when the rockets came In last week. base, killing 60 paratroopers. the 12 companies that were named the Just then, we came around a corner in the The lHezbollah also have earned credit for winners of the American Textile Manu- road and that's when I saw the true spirit of the torture and eventual strangling of Ma- facturers Institute's national "First in Israel. rine Lt. Col. William R. Higgins. That took Safety" contest. From a large bus, two dozen children were place more than three years ago, but his tumbling and running up a nearby hill. Some Mr. President, the American textile body was dumped beside a lusty Beirut high- industry is the most competitive, of the smaller youngsters had to struggle to way only a few short months ago. and move through the drifted snow. Everybody After Higglns was taken hostage, the Israel the most productive, in the world. Bil- was laughing while throwing snowballs and Defense Forces went into Lebanon and cap- lions of dollars in new investment has making snowmen. tured the Hozbollah cleric and commander in boon poured into research and develop- Davidl immediately identified them as that area, Shelk Abdul Karim Obeld, who re- ment, and plant, and equipment. This children from a kibbutz in the valley where mains in their hands. now investment pays an added divi- It was raining and well below the snow line. The IIezbollah hold Israeli airman Ron dend, in that it It was their time to play in the snow, and creates a safer work- Arad captive and have refused to follow place for the hard-working men and none of them even noticed or cared that the through with his release despite the Israeli tangled barbed wire on the other side of the release of numerous Arab soldiers and terror- women who warn a decent wage in my road was all that separated them from the ists. Also, two wounded Israeli soldiers have State's textile industry. very serious world of war and terrorism. died In the hands of Hezbollah members, I congratulate Alice Manufacturing Last week, those same children had gone The Israelis live in a tough neighborhood Co. Inc., in Easley, SC; Arkwright Mills to the "safe" room in their homes at night where force Is the only thing that gets the in Spartanburg, SC; Springs Industries and had probably heard exploding attention of extremists pledged to drive the in Fort Mill and Tietex Corp. of Katyushas. No doubt they knew that one Jews into tie sea. It's evident that they live child their ago had died from the wounds Spartanburg, recipients of first place and survive by following the advice of Hig- awards for outstanding performance in caused by a rocket. They had heard about gins' widow, Marine Major Robbin Higgins, past attacks and even wars from their par- who, following the return of his body, said, employee safety and health. ents and older brothers and sisters. "If we forgive, if we forget, if we thank these I also congratulate Clinton Mills, of Like the rest of their friends and family, savages, then we are merely inviting them, Clinton, SC, who received an award for they know that this is serious business and, at a time and place they will select, to kill the most improved performance in em- unlike small children who only know war again."* ployee safety and health. from television and movies, they know that In addition, I congratulate exploding rockets and shells can mean pain and even death. It can the Arkwright Mills and Tietox, for their mean loss of a OPENING OF A SUBWAY STORE IN receipt of awards for zero family member or a playmate. The pain JAPAN lost time doesn't go away when the movie theater from accidents and illness. lights go on or the television set is turned * Mr. LIEBERMAN. Mr. President, I Mr. President, I only wish that our off. am very pleased to draw my colleagues' competitors abroad made the same What's next in life for them? They aren't attention to an important new partner- commitment to worker health and planning to run away or hide. This is but a ship between Subway Sandwiches and safety. This is a distinguished record small part of their very full lives. It's a good Salads, a Connecticut-based United and we are very proud of these South life, and they love every minute of It. States company, and Suntory Ltd., Right now, It's time to play In the snow a Carolina companies and their employ- and see just how far a snowball call be Japanese company. ees.* thrown. Maybe one can be thrown all the Very shortly, Subway will be opening way over to where the teacher is standing. its first store in Japan. Four more are Yes, I found the spirit of Israel on a hill- set to open within the next 6 months. RECYCLED PAPER side near the Lebanon perimeter fence. It's Subway is the world's fastest growing * Mr. FORD. Mr. President, 3 years ago no wonder the people of Israel are so proud of franchise, with more than 6,300 stores when I was chairman of the Joint Com- their greatest strength and resource-their operating in 10 different nations. mittee on Printing we rewrote the children. Subway's Japanese business partner, specifications of the Government uses [From the Las Vegas Sun, Feb. 22, 1992] Suntory, has been very successful in to buy printing and writing papers. The introducing Japanese consumers conversion of the Federal IsiAEL.WON'T FOiRt'o T:'r tols'ls'Ac'IONs to a Government number of well-known American prod- to recycled paper began. (By Mike O'Callaghan) ucts such as Haagen Dazs Ice Cream, We eliminated the impediments the Pardon me if I'm not upset over the killing Campbell's V-8 Vegetable Juice, and old specifications of the pro-Iranian Hozbollah (Party of God) created for the pur- loader, Sheik Abbas Mussawl, in South MacGregor golf equipment. chase of recycled papers. Lobannon. I am sad that his wife and child My service on the Small Business We adopted and then expanded on the were with him. Committee's Subcommittees on Com- Environmental Protection Agency's re- Hezbollah and other Arab terrorist groups petitiveness and Economic Opportunity quirements for the purchase of recycled have made a practice of being surrounded by and Export Expansion, has made me paper. women, children and other non-combatants. well aware of the severe toll this reces- And I am pleased to tell you we have During the street fighting in Beirut, army sion has taken on American companies, made some measurable progress. Today and terrorist units would put a hospital on large and small. I am convinced that 95 percent of the printing the top floor of a building and their arms and and writing communications systems In the basement. the long-term stability and vitality of paper the Government Printing Office The same practice was common during the our economy rests squarely on the abil-. buys is recycled. Gulf War in Iraq. That's exactly how Insiders ity of our producers to develop firm The recycled paper we are buying tell me the civilians died in a designated footholds in the foreign marketplace. today is significantly less expensive military bunker hit by allied bombs. After it In this regard, I was particularly than the virgin fiber paper we were

5!-05.()-!l Vol.138 (1P. 5) 1 5988 CONGRESSIONAL RECORD-SENATE March 18, 1992 buying before this program Went into Envelopes (each)...... 22,717,013 vada, and it is fitting that a school be effect. Cartons (each) ...... 336,441 named for them. In the last few weeks the Govern- Cost ...... $10,874,928 Mr. President, I ask that a page from ment Printing Office has taken its first Amount of recycled paper the dedication ceremony program and on hand: 3 delivery of recycled newsprint for the Paper (pounds) ...... 18,074,089 a newspaper article about the dedica- CONGRESSIONAL RECORD and Federal Envelopes (each) ...... 22,035503 tion be entered into the RECORD in full. Register. I am told this is GPO's big- Cartons (each) ...... 330,441 The material follows: gest single paper buy and this news- Cost ...... $8,861,729 WING ANDLILLY FONO ELEMENTARY 8C1100L print is 100 percent post consumer 'Includes direct shipments. DEDICATION waste, this is exclusively out of the 'Includes xerographlo paper. As an immigrant from Canton, China, waste stream. 'Includes recycled xerographic. Wing Gay Fong came to the United States at It is my judgment that Congress and NOTR.-I'Ih above data does not Includeo figures for the age of 13. He attended the third grade in printing procurement. Tho amount of recycled usage as Vegas at the Fifth Street Elementary to a lesser extent the executive branch does not Include virgin xerographic papor or virgin School whore he worked to catch making a serious effort to use writ- newsprint.. up. lHe is skipped several grades in order to graduate ing and publishing products that got with his classmates from Las Vegas High the job done and at the same time do ST. PATRICK'S DAY School in 1946. Wing attended Woodbury Col- less to harm our environment while lege in California, where he earned a Busi- costing the taxpayer less. * Mr. SIMON. Mr. President Syester- ness Administration degree in three years, But more can be done in Government day, March 17, 1992, we honlored St. and mot his future wife, Lilly Ong Hlng. and should be. For that reason I have Patrick, the patron saint of Ireland. Wing and Lilly married in 1950 and have two asked that the Government's use of re- St. Patrick was responsible f4or bring- children, Kenneth and Susan, who are both cycled paper and its cost be made pub- ing Christianity to the Emerrald Isle. UNLV graduates. We celebrate St. Patrick's Day to Returning to Las Vegas Mr. Fong Joined lic on a quarterly basis. Those of you the firm of Pioneering Distributing and later who are concerned can see where honor the Irish, and to pay tiribute to the Las Vegas Bottling Company until he progress is and is not being made. And their outstanding contributtions to opened his own grocery store on South First we all have some sort of bench mark so America. and Gass Streets. In 1955, he opened the we can move this program through its The success of Irish-Amerricans is town's first specialty restaurant and shop- final phase and maximize the benefits. deeply embedded in the histor'y of our ping center on East Charleston Boulevard. I am attaching the first quarterly re- country. Nine men with Irissh blood IIe is currently president of Wing Fong's En- port on recycled paper prepared by the signed the Declaration of Indeopendenco torprisos-finance, investment and real es- and thousands of Irish-Americans have tate development. lie is a director of Nevada Public Printer of the United States. nhae State Bank. The report follows: given their lives for the preser vation of Wing Fong consistently engaged in civic Federaluse of recycled paper our country, dating back to the Revo- and philanthropic activities, donating time Total amount paper and lutionary War. Irish-Americ ans con- as well as money. One entire day's proceeds envelopes used by the tributed to the expansion of thheUnited from his business was donated to the Opti- Federal Government In States in the 1800's by extending the mist Club for youth work and another day's this quarter (October, railroads westward and givinng cities receipts went to Nevada Southern University November and Decem- like Chicago, Now York, Bosston, St. (now UNLV) library for needed books and ber 1991): thor rich reference materials. In 1968, he was chairman 221,740,2793 Louis, Savannah, and many ol of the Grand Founders Fund Drive for the Paper (pounds)' ...... ethnic communities. Finally, the long NSU Envelopes (each)26,163,650 ...... Center of the Performing Arts; he has Cartons (each)' ...... 367,477 tradition of Irish-American deedication served as a director of the Greater Las Vegas Cost ...... $9,471,880 to public service in local, St ato, and Chamber of Commerce; Chairman of the Na- Amout of recycled paper Federal government has gott on many tional Conference of Christians and Jews; Dl- and envelopes used by young people over the years in'volved in rector of the Las Vegas Rotary International the Federal Govern- our political process. Club; member of the Civilian Military Coun- ment In this quarter Late last year, I was pleased to intro- cil; Trustee of the Las Vegas Presbyterian (October. November, Jude's Chil- duco a resolution making Ma rch 1992, Church;t and Chairman of St. December 1991):3 dren 's Homo in Boulder City. Paper (pounds)' 13,587,549...... Irish-American Heritage Montli. We are Hard work and dedication have marked Envelopes (each)'25,378,741 ...... now celebrating with month-long Lilly Fong's involvement in a community Cartons (each)' ...... 367,477 events. But this month, and St. Pat- service with UNLV for the past 30 years. She Cost ...... $6,560,021 rick's Day in particular, sh ould not served as regent for the University of Nevada Federaluse of recycled paper I year ago only be a time to reflect on past ac- system from 1974-1985. She has also served as Total amount of paper and complishments. We should als o look to past state president, American Association the future and resolve to fix certain of University Women; past vice-chairman, envelopes used by the horizon. Governor's Commission on the Status of Government in Federal problems that loom on the horizon. VWomen;member of U.S. Small Business Ad- this quarter (October, Needless violence pervades Northern visory Council; member of Opportunity Vil- November, December Ireland and continues to keep a people lage Advisory Board; and member of the Los 1990): 23 unnaturally divided. I hope al1 parties Vegas Symphony Board Paper (pounds)' ...... 22,630 of Directors. involved can.444 search for a peace ful solu- The Fong's long-standing support of excel- Envelopes (each) ...... 27,880 ,435 Cartons (each) ...... 349 tion to their differences. And we ought lence In higher education is marked by phl- ,981 fund Cost ...... $11,299 to be involved,963 and play a consstructivo lanthropy and leadership. Lilly Fong's Amount of recycled paper role for peace. raising efforts for Judy Bayley Theater, Artenmus Ham Concert Hall, and Alta 1Ham and envelopes used by Mr. President, I wish the people of lall, resulted the Federal Govern- in fine arts centers which have Ireland and all Irish-Americani3well on enriched the cultural lives of many Nevad- ment in this quarter their special day of March 17., (October, November, ans. To further the appreciation of Chinese December 1990): art, Lilly & Wing commissioned the Chinese 3 classical artist, Iiau Pel-Jen, for six historl- Paper (pounds) ...... 14,442,644 WING AND LILLY FON Envelopes (each)' ...... 27,044,022 S cal and legendary landscapes in the Ham Cartons (each)' ...... 349,981 DEDICATION Hall lobby. In 1985, Mr. and Mrs. Fong do- Cost ...... $7,911,898 nated $250,000 to UNLV and Community Col- * Mr. REID. Mr. President, recently e the first elementary school in Nevada log .In that same year, Lilly Fong was lion- Quarterlypaper inventory (October,November, s od as a Partner for Progress by the Nevada December 1991) to be named for Chinese-Amerlicans waswf Society of Professionalr Engineers. Amount of paper GPO cur- dedicated to Wing and Lilly Fong. Is it any wonder we are honoring this cou- rently has on hand: These two outstanding citizeins have pie tonight. Their dedication and support for Paper (pounds)...... 23,468,357 contributed greatly to educati )ll in Ne- the City of Las Vegas and their involvement March 18, 1992 CONGRESSIONAL RECORD-SENATE 5989 in the education of our children has made growing. He is currently editor of In contrast, consider what we hear about them two of the most respected and accom- FidoNews, the network's electronic religion from some prominent persons in the plished community leaders In Southern Ne- newsletter. United States. Some question the legitimacy vada. Jim Warren has been active in elec- of religious-based values in public policy de- bates. Some question the appropriateness of (From the Las Vegas Sun, Feb. 19, 1992] tronic networking for many years. churches or religious leaders taking any pub- Most recently 400 ATTEND FONO EIEMENTARY SCHOOL he has organized the lic position on political issues. DEDICATION First Computers, Freedom and Privacy Provoked by that contrast, I will use this (By Elizabeth Fott) Conference, set up the first online pub- occasion to speak about the role of religious- lic dialog link with the California Leg- based values and religious leaders in public Fighting storms and construction chaos, islature, and has been instrumental in policy debates. As you are aware, I have more than 400 friends streamed in out of the some experience in law, public life, and night to participate In Wing and Lilly Fong assuring that rights common to older mediums church leadership. What I say Is my personal Elementary's dedication ceremonies. and technologies are ex- opinion, and is not a statement in behalf of Clark County School Board President Dr. tended to computer networking. The Church of Jesus Christ of Latter-day Lols Tarkanian gave formal welcome to Andrzej Smereczynski is the adminis- Saints. guests and follow speakers, including Ne- trator of the PLEARN node of the I. QUESTIONS OF'IGIHT ANDWRONG vada's Secretary of State Cheryl Lau, Super- Internet and responsible for the exten- intendent Dr.Brian Cram, Congressman Jim Fundamental to the role of religion in pub- sion of the Internet into Poland and lic policy is this most important question: Bllbray and the Fong children, Susan and other Kenneth, who each gave personal insights East European countries. A net- Are there moral absolutes? Speaking to our into this remarkable couple. work guru, Mr. Smereczynski has BYU students last month, President Rex E. Wing Fong, a longtime resident Involved In worked selflessly and tirelessly to ex- Lee said: banking and real estate development, is well tend the technology of networking as "I cannot think of anything more impor- matched by his wife Lilly, a university re- well as its implicit freedoms to Poland tant than for each of you to build a firm, personal testimony that there are gent (1974-85), current advisor to UNLV's In- In this life and neighboring countries. some absolutes, things that never change, re- stitute of Real Estate Studies and past presi- These gentlemen will be receiving dent of church and social organizations. gardless of time, place, or circumstances. their awards at a ceremony to be held They are eternal truths, eternal principles Phil and Patsy Riner, Mildred Comes, tomorrow at the L'Enfant Plaza Hotel. Tony and Rosalee Wirtz and Dr. Anthony and, as Paul tells us, they are and will be the Saville were joined by Judge Don Mosloy, Mr. President, I ask you to join with same yesterday, today and forever." me in congratulating these individuals Unfortunately, other educators deny the Marcia and Tola Chin and Dr. Jim and Pllar existence of God or deem God irrelevant to Lum in extending best wishes. on their outstanding contributions and the human condition. Persons who accept Wing's former classmates, Al and Helen in wishing them much success in the this view deny the existence of moral abso- Storey and Toni and Bill Lawry, enjoyed future.* lutes. They maintain cake, that right and wrong punch and fond remembrances with are relative concepts, and morality is merely Lilly's sister Minnie Fong and cousins Doris a matter Lee, of personal choice or expediency. Fred Ong,Teresa Moy, Helen and David RELIGIOUS VALUES AND PUBLIC For example, a university professor reported Brom and Albert and Linda Lam. Greeting POLICY that her students lacked what she called friends nearby were son-in-law Richard * Mr. HATCH. Mr. President, in one of "moral common sense." She said they be- Brattain with Oran and Bonnie Gragson, Dr. lieved that "there was no such thing as right John and Harriet Batdorf, Ken and Betty the most important talks given in or wrong, just good or bad arguments. In Miller and Pat Cardinalll with Susie Washington during this past year, that view, even the most fundamental moral Sweoney. Slipping in during the reception to Elder Dallin H. Oaks of the Quorum of questions have at least two sides, and every join wife Bonnie for personal words of con- the Twelve Apostles of the Church of assertion of right or wrong is open to debate. gratulation was Son. Richard Bryan., the Latter-day Saints, on February 29, I believe that these contrasting approaches 1992, spoke about the interesting roles underlie the whole discussion of religious FIRST RECIPIENTS OF EFF of the church vis-a-vis the State. values in public policy. Many differences of His discussion concerning church opinion over the role of religion in public life PIONEER AWARDS simply mirror a difference of opinion over participation in public debate on polit- * Mr. D'AMATO. Mr. President, I rise whether there are moral absolutes. But this ical issues is particularly sensitive and underlying difference is rarely made explicit. today to honor five outstanding indi- compelling. I believe that many will be viduals who will receive the first an- It is as if those who assume that all values very interested in these remarks. are relative have established their assump- nual EFF Pioneer Awards for substan- Elder Oaks was a justice of the Utah tion by law or tradition and have rendered Il- tial contributions to the field of com- Supreme Court before his calling as legitimate the fundamental belief of those puter-based communications. one of the Twelve Apostles of the who hold that some values are absolute. Douglas Engelbart is one of the origi- Church of Jesus Christ of Latter-day One of the consequences of shifting from nal moving forces in the personal com- moral absolutes to moral relativism in pub- Saints. These remarks, which will fol- lic policy is that this produces a correspond- puter revolution who is responsible for low my statement, are a melding of his many ubiquitous features of today's ing shift of emphasis from responsibilities to legal and religious background into rights. Responsibilities originate In moral computers such as the mouse, the tech- some excellent answers for the benefit absolutes. In contrast, rights find their ori- nique of windowing, display editing, of our society: gin in legal principles, which are easily ma- and many other inventions and innova- RELIoIOus VALUES ANDPUBLIC POLICY nipulated by moral relativism. Sooner or tions. He is highly recognized in his later the substance of rights must depend on field as one of our era's true vision- (By Elder Dallin H. Oaks) either the voluntary fulfillment of respon- aries. Last April my Church duties took me to sibilities or the legal enforcement of duties. Robert Kahn was an early advocate Albania. Elder Hans B. Ringger and I were When our laws or our public leaders question and prime mover in the creation of some of the first Western visitors to that the existence of absolute moral values they newly opened country. We conferred with undercut the basis for the voluntary fulfill- ARPANET which was the precursor of government officials about the reception our ment of responsibilities, which is economi- today's Internet. Since the late sixties Church's missionaries would receive in Alba- cal, and compel our society to rely more and and early seventies Mr. Kahn has con- nia, which had banned all churches in 1967. more on the legal enforcement of rights, stantly promoted and tirelessly pur- They told us the government regretted its which is expensive. sued innovation and heightened actions against religion, and that it now wel- Some moral absolutes or convictions must connectivity in the world's computer comed back churches to Albania. One ex- be at the foundation of any system of law. networks. plained, "We need the help of churches to re- This does not mean that all laws are so build the moral base of our country, which based. Many laws and administrative actions Tom Jennings started the Fidonet was destroyed by communism." During the are simply a matter of wisdom or expedi- international network. Today it is a past 12 months I have heard this same reac- ency. I suppose the important decisions of linked network of amateur electronic tion during discussions with government and the Federal Reserve Bank's Open Market bulletin board systems with more than other leaders in Bulgaria, Romania, Russia, Committee are largely of this character. 10,000 nodes worldwide and it is still and Ukraine. Many other examples could be cited. If most 5990 CONGRESSIONAL RECORD-SENATE March 18, 1992 of us believe that it is wrong to kill or steal A few years ago some Protestant and Jew- committed to pluralism, this kind of hos- or lie, our laws will include punishment of ish clergymen challenged a federally fi- tility to religion should be legally Illegit- those acts. If most of us believe that it is nanced program to promote abstinence from imate and morally unacceptable. It is also right to care for the poor and needy, our laws sexual activity among teenage youngsters. Irrational and unworkable, for reasons ox- will accomplish or facilitate those activities. The grant recipients Included B.Y.U. and plained by BYU law professor Frederick Society continually legislates morality. The some Catholic charities in Virginia and Mark Gedlcks: only question is whose morality and what Michigan. The A.C.I.U. attorney who filed "[S]ecularism has not solved the problem legislation. this challenge declared that "the 'chastity posed by religion In public life so much as it In the United States, the moral absolutes law' is unconstitutional because it violates has buried it. By placing religion on the far are the ones derived from what we refer to as the requirement for separation of church and side of the boundary marking the limit of the Judeo-Christlan tradition, as set forth In state" because taxpayer dollars "are going the real world, secularism prevents public the Bible-Old Testament and Now Testa- to religious institutions, which use the funds life from taking religion seriously. Secular- ment. For example, under that tradition to teach religious doctrines opposing toon- ism does not reach us to live with those who adultery is wrong. The continuing force of ago sex and abortion." In the meantime, the are religious; rather, It demands that we Ig- that moral absolute was affirmed In a recent "value" judgments that permit public nore them and their views. Such a 'solution' poll conducted by the National Opinion Re- schools to distribute birth control devices to can remain stable only so long as those who search Center. They found that 75% of Amer- teenagers supposedly violate no constitu- are ignored acquiesce In their social situa- Icans believe that adultery is always morally tional prohibition because the doctrine that tion. The last two decades suggest that [reli- wrong. There may be-and are-differences opposes chastity is secular. gious] acquiescence in a secularized public of opinion over the wisdom of using the During this same period, Professor Henry lifo .. . s vanishing, if it has not already criminal law or the divorce law to enforce Steelo Commager criticized the Moral Major- disappeared." that moral absolute, but there can be no ity and the Roman Catholic Church for Fortunately, the Supreme Court has never question about what a large majority of our "inject[lng] religion into politics more wan- hold that citizens could not join together to citizens believe on that subject. tonly than at any time since the Know-Noth- translate their moral beliefs into laws or Despite ample evidence of majority adher- ing crusade of the 1850's." Writing In a Now public policies even when those beliefs are ence to moral absolutes, some still question York Times column, this distinguished the legitimacy of a moral foundation for our derived from religious doctrine. Indeed, laws and public policy. To avoid any sugges- scholar asserted that "what the Framers [of there are many sophisticated and articulate tion of adopting or contradicting any par- our Constitution] had In mind was more than spokesmen for the proposition that the sepa- ticular religious absolute, some secularists separating church and state: It was separat- ration of church and state never Intended to ing religion argue that our laws must be entirely neu- from politics." While conceding exclude religiously grounded values form the tral, with no discornablo relation to any par- that no one could question the right to public square. For example, I offer the words ticular religious tradition. Such proposed preach "morality and religion," Commager of Richard John Nouhaus: neutrality is unrealistic, unless we are will- argued that churchmen of all denominations "In a democracy that is free and robust, an ing to cut away the entire idea that there crossed an impermissible line "when they opinion is no more disqualified for bolng 're- are moral absolutes. connect morality with a particular brand of liglous' than for being atheistic, or psycho- Of course, not all moral absolutes are religious faith and this, in turn, with politi- analytic, or Marxist, or just plain dumb. based on traditional religion. A substantial cal policies." There is no legal or constitutional question segment of society has subscribed to the en- Apparently churchmen can preach moral- about the admission of religion to the public vironmental movement, which Robert ity and religion as long as they do not sug- square; there Is only a question about the Nisbet, a distinguished American sociologist, gest that their particular brand of religion free and equal participation of citizens in our has characterized as a "national religion," has any connection with morality or that public business. Rollglon is not a rolfied with a "universalized social, economic, and the resulting morality has any connection 'thing' that throatons to Intrude upon our political agenda. So far as I am aware, there with political policies. Stated otherwise, re- common life. Religion In public is but the has been no responsible public challenge to ligious preaching Is okay as long as it has no pubic opinion of those citizens who are roll- the legitimacy of laws based on the environ- practical impact on the listeners' day-to-day glous. mentalists' set of values. I don't think there behavior, especially any behavior that has "As with individual citizens, so also with should be. My point is that religious values anything to do with political activity or pub- the associations that citizens form to ad- are just as legitimate as those based on any lic policy. vance their opinions. Religious institutions other comprehensive set of beliefs. That is such a curious position for a man may understand themselves to be brought II. Ilgx.i,ION ANDT'rll PUilI,C sacTrox as respected as Professor Commager, I won- Into being by God, but for the purposes of Let us apply these thoughts to the role of der if I have misunderstood him. Perhaps his this democratic polity they are free associa- religions, churches, and church leaders in point is a deeper one. As we know, the idea tions of citizens. As such, they are guaran- the public sector. that there Is an absolute right and wrong teed the same access to the public square as Some reject the Infusion of roligious-based comes from religion and the absolute values are the citizens who comprise them. values in public policy by urging that much that have influenced law and public policy No person with values based on religious of the violence and social divisiveness of the are most commonly rooted in religion. In beliefs should apologize for taking those val- modern world is attributable to religious contrast, the values that generally prevail In ues into the public square. Religious persons controversies. Our world Is not without such today's academic community are relative need to be skillful In how they do so, but examples, as we are reminded by Iran and values. Perhaps Commager is not denying they need not yield to an adversary's as- Ireland. But all should remember that the the legitimacy of churchmen preaching on sumption that the whole effort is illegit- most horrible moral atrocities of the twenti- political questions as much as he is simply imate. We should remind others of the im- eth century In terms of death and human challenging the appropriateness of bringing portant Instances in which the efforts of misery have been committed by regimes that to public policy debates the kind of absolute churches and clergy in the political arena are unambiguously secular, not religious. I values many of them preach. have influenced American public policies in challenge anyone to think of any modern re- It is significant that not all challenges to great historical controversies whose out- ligious regime whoso moral excesses can religious values in public policy come from come in virtually unquestioned today. The compare with Nazi Germany, Stalinist Rus- the academic community or from the politi- slavery controversy was seen as a great sia, or Khmor Rouge Cambodia. cal loft. A few years ago Senator Barry Gold- moral issue and became the major political Even though we cannot reject religious water rejected what he described as an at- issue of the nineteenth century because of values in law-making on the basis of their tempt by "religious factions" to "control" the preaching of clergy and the political ac- bad record by comparison with other values, his vote on particular issues. In doing so he tion of churches. A century later, churches there are ample examples of hostility to reli- declared that these "decent people" should played an Indispensable role in the Civil glous values In the public sector. For exam- "recognize that religion has no place in pub- Rights movement, and, a decade later, cler- ple, less than a decade ago, the United States lic policy." Similarly, the promoters of a na- gymen and churches of various denomina- Department of Justice challenged a federal tionwide poll a few years ago asserted that 53 tions were an influential part of the anti-war judge's right to sit on a case involving the percent of Americans feel that "religious movement that contributed to the end of the Equal Rights Amendment on the ground that leaders should stay out of politics entirely war in Vietnam. his religious views would prejudice him. The even if they feel strongly about certain polit- Many sincere religious people believe there judge was Marion Calllster. The religious Ical issues." should be no limitations on religious argu- views were L.D.S. In that same decade, the I have road serious academic arguments to monts on political issues so long as the American Civil Liberties Union took the po- the effect that religious people can partici- speaker genuinely believes those issues can sition that any pro-life abortion law was ille- pate in public debate only if they conceal the be resolved as a matter of right or wrong. gitimate because it must necessarily be religious origin of their values by translat- That is the position Abraham Lincoln ap- founded on religious belief. Ing them Into secular dialect. In a nation plied In his debates with Senator Stephen A. March 18, 1992 CONGRESSIONAL RECORD-SENAT'E 5991 Douglas. While Douglas claimed that he re- it." Some may believe that reason Is not free power or dictate government policies or di- garded slavery as wrong, he said the national when religious leaders have spoken, but I rect the action of government officials Inde- government should allow a majority of terri- doubt that any religious leader in twentieth pendent of legal procedures or political proc- torial voters to decide whether slavery would century America has such a grip on followers esses. be allowed in a particular territory. Lincoln that they cannot make a reasoned choice in Upon this same basis-the principle of rejected that argument because slavery was the privacy of the voting booth. In fact, I anti-establishment-I believe It would be In- a matter of right or wrong. lie declared: have a hard time believing that the teach- appropriate for a church to discipline one of "When Judge Douglas says that whoever, ings of religions or churches deprive their its members who holds public office for de- or whatever community, wants slaves, they adherents of any more autonomy in exerting clining to follow church direction or failing have a right to have them, he Is perfectly the rights of citizenship than the teachings to adhere to a church position on a decision logical if there is nothing wrong in the Insti- and practices of labor unions, civil rights made In the exercise of public responsibil- tution; but if you admit that it is wrong, he groups, environmental organizations, politi- ities. This fairly obvious point had to be es- cannot logically say that anybody has a cal parties, or any other membership group tablished by the Catholic church in order for right to do a wrong." in our society. John F. Kennedy to be elected President of Like Lincoln, I believe that questions of In his celebrated address to the students of the United States. right and wrong, whether based on religious Liberty Baptist College, Edward Kennedy We have applied that limit in our Church. principles or any other source of values, are maintained that churches have a right to In a celebrated talk given in 1989, Governor legitimate in any debate over laws or public speak out on "questions that are inherently Calvin L. Rampton of Utah said: policy. Is there anything more Important to public in nature," like the issue of nuclear "I am not aware of any time that the debate than what is right or wrong? And war and racial segregation. However, he ar- Church has taken any official sanction those arguments should be open across the gued, churches should not try to persuade against a Mormon holding public office for entire political spectrum. There is no logical government to "toll citizens how to live things done in such officer's official capac- way to contend that religious arguments or uniquely personal parts of their lives." "In ity. This Is true even tlough the Church may lobbying are legitimate on the question of such cases-cases like prohibition and abor- have taken a position on the issue on the abstinence from nuclear war by nations but tion-" the Senator declared, "the proper moral Issue theory. For example, when part not on the question of abstinence from sex- role of religion is to appeal to the conscience way through my tenure of office I vetoed a ual relations by teenagers. of the Individual not the coercive power of Sunday closing bill which had been favored 111.CHURCHI I'A'rICIPATION IN POIaTICAI tie state." This proposed distinction be- by the Church, while my judgement was DI)IlAT'I tween issues that are "Inherently public" roundly criticized by the editorial writers of What limitations should church and their and those that are "uniquely personal" is the Deseret News, no question was raised leaders observe when they choose to partici- very convenient, especially for one side of that by such act I had impaired my Church pate in public debate on political issues? the political spectrum. As Senator Kennedy membership nor did it impair my cordial re- This subject was widely discussed about 8 explained it, his distinction apparently justi- lationship with Church leaders on other sub- years ago because of the convergence of scv- fies churches in making their Influence felt jects." eral extraordinary events. A committee of on nuclear freeze and the Vietnam War, but Governor Cuomo voiced that principle in the National Conference of Catholic Bishops it excludes them from the debate on abortion his celebrated talk at Notre Dame Univer- released its pastoral letter, "Catholic Social or decriminalization of drug laws. sity. "Roman Catholics in public office are Teaching and the U.S. Economy." Now York In my view, the Senator's distinction is bound by the church's moral dogma," he de- Governor Marlo Cuomo, moved by the issue unsound and unworkable. At root, every ac- clared, "but are free to decide the applicabil- of abortion, made a celebrated statement tion is "uniquely personal," and In its mani- ity of these teachings to civil law." lie elabo- about the significance of Catholic teaching festation every act is at least potentially rated In these words: for a public official who is a Roman Catholic. "public." For example, I suppose that South- "While we always owe our bishops' words And Senator Edward M. Kennedy made his ern slave owners believed that their owner- respectful attention and careful consider- celebrated address to the students of Liberty ship of slaves was uniquely personal, and ation, the question whether to engage the Baptist College. The pot boiled vigorously some olghteen-year-olds probably believed political system in a struggle to have it then, but the heat was not translated into the same thing about their decisions not to adopt certain articles of our belief as part of much light, at least not the kind that illumi- register for the draft during the Vietnam public morality, is not a matter of doctrine: nates a consensus. I propose to revisit this War. Yet, it is clear that each of these so- it is a matter of prudential political judg- subject with a few comments of my own. called uniquely personal decisions had an In- ment." I emphasize at the outset that I am dis- herently public effect. I would say it this way. If churches or cussing limits to guide all churches across a If a distinction between personal issues church officials believe that one of their broad spectrum of circumstances. I am not and public issues is not a sensible guide to members has violated church doctrine or seeking to define or defend a Mormon posi- when a church or Its leaders can participate policy by acts committed In his or her public tion. As a matter of prudence, our Church In public debate, what Is? Surely it is not re- office, the remedy should be at the next elec- has confined its own political participation ligious (or moral) Issues versus political Is- tion, not In a church court. Unfortunately, within a far smaller range than is required sues, since those labels describe a conclusion churches are barred from this election rem- by the law or the constitution. Other church- rather tlan assisting us to reach it. edy. Under federal law they lose their tax ex- es have chosen to assert the full latitude of I submit that religious leaders should have emption if they "participate in or intervene their constitutional privileges and, in the at least as many privileges as any other in (including the publishing or distributing opinion of some, have even exceeded them. leaders, and that churches should stand on at of statements), any political campaign on Whore should we draw the line between least as strong a footing as any other cor- behalf of any candidate for public office." In what Is and Is not permissible for church and poration when they enter the public square contrast to lobbying for particular legisla- church-leader participation in public policy to participate in public policy debates. The tion, which is permissible so long as it is not making? precious constitutional right of petition does a "substantial part" of the activities of the At one extreme, we hear shrill complaints not exclude any individual or any group. The church, any political activity involving a about political participation by any persons same is true of freedom of speech and tlhe candidate can invoke the dreaded loss of tax whoso political views are attributable to re- press. When religion has a special constitu- exemption. ligious beliefs or the teachings of their tional right to Its free exercise, religious I have grave doubts about the constitu- church. The words "blind obedience" are loaders and churches should have more free- tionality or wisdom of this law, whicl effec- usually included in such complaints. Com- dom than other persons and organizations, tively denies to churches a privilege that is plaints there are, but I am not aware of any not less. available to other organizations that partici- serious and rational position that would ban If churches and church leaders should have pate In public policy debates. If a labor union religious believers from participation in thle full rights to participate in public policy de- or an environmental organization can urge political process. The serious challenges con- bates, should there be any limits on such its members to vote against a candidate who corn the participation of churches and participation? has violated the principles of the organiza- church leaders. Of course there are limits that apply spe- tion, I submit that a church should be able Perhaps the root fear of those who object cially to churches and church officials, as to do the same, if it chooses to do so. A to official church participation in political manifest In the United States Constitution's church should not apply church discipline for debates Is power: They fear that believers prohibition against Congress making any political behavior, but it should be free to will choose to follow the directions or coun- law respecting an establishment of religion. participate in the imposition of political dis- sel of their religious loaders. Those who have Some linkages between churches and govern- cipline. this fear should remember the celebrated ments are obviously illegitimate. It would In his Notre Dame Talk Governor Cuomo maxim of Jefferson "error of opinion may be clearly violate this prohibition if a church or suggested another limitation on churches' tolerated where reason is loft free to combat church official were to exercise government participation in the public sector, which is 5992 CONGRESSIONAL RECORD-SENATE March 18,1992 tied to a supposed distinction between reli- that It cannot be otherwise. I have con- Dr. Wade has been a practicing schol- gious doctrine and political Implementation. tended that religious-based values are just as ar for over 40 years, and has served as. I quote: legitimate a basis for political action as any chairman of the New York Governor's "The parallel I want to draw here is not be- other values. And I have argued thatchurch- tween or among what we Catholics believe to es and church leaders should be able to par- Commission on Libraries for the past 2 be moral wrongs. It is in the Catholic re- ticipate in public policy debates on the same years. He has actively sought better sponse to those wrongs. Church teaching on basis as other persons and organizations, fa- ways to reduce adult illiteracy and has slavery and abortion is clear. But in the ap- voring or opposing specific legislative pro- good ideas, particularly in terms of plication of those teachings-the exact way posals or candidates if they choose to do so. helping prisoners learn to read and we translate them Into action, the specific I have suggested that it would be inappropri- write. laws we propose, the exact legal sanctions we ate for churches to impose church discipline Recently I received a copy of his tes- seek-there was and is no one, clear, abso- on their members for failing to follow church timony on adult illiteracy in the State lute route that the church says, as a matter doctrine or direction in the exercise of their of doctrine, we must follow." public responsibilities. of New York. His insightful comments In other words, Governor Cuomo contends I will conclude this discussion of Church and innovative ideas merit the atten- that when churches and church leaders enter participation in the political process by tion of my colleagues in the Senate. the public arena,they should concentrate on stressing the obvious. Politics and religion I ask to insert his comments in the moral principles and stay away from legisla- have different goals and different methods. RECORD at this point. tive implementation. Each can be corrupted by too much associa- The comments follow: tion with the other. If Governor Cuomo was advocating what is IIEARING ONADUl/r LITERACY INNEW YORK prudent for churches as a general rule, I Governments or their leaders can be cor- rupted STATE agree with his statement, which describes by surrendering to a church, and the general practice of our Church. We teach churches or thei leaders can be corrupted by (Testimony presented by Richard C. Wade, general principles that should motivate gov- excessive involvement with politics or the Chairman, Governor's Commission on Li- ernment action, but we rarely take a posi- state. Some lessor manifestations of such braries) corruption are sometimes seen in our day. THE CASE FOR"LATE START" tion on a specific legislative proposal. Politicians sometimes seek to use religion If Governor Cuomo's statement was in- for political purposes, and they sometimes Thank you, Mr. Chairman, for this oppor- tended to describe the limits of what is le- even seek to manipulate churches or church tunity to testify before this committee on gitimate for church participation in public leaders. Ultimately this is always self-de- the growing and dangerous problem of adult policy debates, I disagree. As a technical feating. Whenever a church or a church lead- illiteracy. The testimony I give today I could matter, the distinction between a moral er becomes a pawn or servant of government not have provided two years ago when the "principle" and its legislative "implementa- or a political leader, it loses its status and Governor named me chairman of his Gov- tion" is often impossible to apply. For exam- the credibility it needs to perform its reli- ernor's Commission on Libraries. At the ple, if a church Is against gambling as a gious mission. time I though I know a great deal about li- moral evil-as our Church is-that church Churches or their loaders can also be the braries. I had been, after all, a practicing cannot avoid being against a bill that would aggressors In the pursuit of intimacy with scholar for forty years. My specialty, urban legalize a particular form of gambling. In government. The probable results of this ex- history, had led me to research in every kind that instance, moral principle and legisla- cess has been ably described as "the seduc- of library-university, public, archival, and tive Implementation are indistinguishable. tion of the churches to political arrogance spoolallzod. For decades I had fought univer- More fundamentally, I submit that there is and political innocence or oven the politiciz- sity administrations for more funding; I had no persuasive objection in law or principle to ing of moral absolutes". supported my own public libraries; I had a church or a church leader taking a position The relationship between church and state helped cities set up their archives, and I was on any legislative matter, If It or he or she and between church leaders and politicians a guardian of the papers of important public chooses to do so. should be respectful and distant, as befits figures. In short, I thought I understood li- And now, my final suggestion on church two parties who need one another but share braries and their problems as well as almost participation in public debate. When church- the realization that a relationship too close anyone else. es or church leaders choose to enter the pub- can deprive a pluralistic government of Its I could not have been more mistaken. lic sector to engage in debate on a matter of legitimacy and a divine Church of its spir- What I discovered was a library enterprise public policy they should be admitted to the itual mission. that is not only in deep trouble but suffering debate and they should expect to participate Despite that desirable distance, govern- such neglect that only an aroused public and in it on the same basis as all other partici- mont need not be hostile to religion or pre- its elected officials can preserve it. That sen- pants. In other words, if churches or church tend to Ignore God. In contrast to the vocal tence Is not meant merely to catch your at- leaders choose to oppose or favor a particu- minority who demand that governments ig- tention. It is a conclusion that comes from lar piece of legislation, their opinions should nore the God most of their citizens worship, almost two years of work by the Governor's be received on the same basis as the opinions I long for a return to the dignified religiosity Commission, which included six public hear- offered by other knowledgeable organiza- embodied in this proclamation by a Presi- ings around the state, countless meetings, tions or persons, and they should be consid- dent of the United States: research by expert staff, and the proceedings ered on their merits. "We have forgotten God. We have forgot- from two conferences: The Governor's and By the same token, churches and church ten the gracious hand that preserved us in the White House Conference on Library and leaders should expect the same broad lati- peace, and multiplied and enriched and Information Services. tude of discussion of their views thatconven- strengthened us. And we have vainly imag- The broad results of that work and that ex- iently applies to everyone else's participa- ined in the deceitfulness of our hearts that perience are summarized in the published re- tion in public policy debates. A church can all those blessings were produced by some su- port to the Governor which has been sent to claim access to higher authority on moral perior wisdom and virtue of our own. Intoxi- members of this committee. The report has questions, but its opinions on the application cated with unbroken success, we have be- the unanimous endorsement of the distin- of those moral questions to specific legisla- come too self-sufficient to fool the necessity of redeeming guished Commission comprised of elected of- tion will inevitably be challenged by and and preserving grace, too proud to pray to the God that made us." ficials, librarians, and the general public. measured against secular-based legislative That was Abraham Lincoln, 1863. Ills words The report is comprehensive and covers the or political judgments. As James E. Wood remain appropriate for our day. I pray that crucial questions of the creeping catastrophe observed, "While denunciations of injustice, we and our follow citizens will take them to that is slowly engulfing our entire library racism, sexism, and nationalism may be heart. enterprise. Today, however, I want to talk of clearly rooted in one's religious faith, their only one, adult illiteracy, which if not vigor- political applications to legislative remedy ously addressed right now, will make many and public policy are by no means always ADULT LITERACY IN THE STATE of the other problems seem somewhat aca- clear." demic. The central fact ought to be, in Finally, if church leaders were also to ex- OF NEW YORK Thomas Jefferson's phrase "afire bell In the hibit openness and tolerance of opposing * Mr. SIMON. Mr. President, I would night" for all of us. One In every five Amer- views, they would help to overcome the sus- like to mako my colleagues aware of ican adults is functionally Illiterate. By that picion and resentment sometimes directed the marvelous work of my longtime I do not mean that he or she does not read toward church or church-leader participation very much or has trouble with difficult ma- In public debate. friend, Dr. Richard C. Wade, who teach- terial, I mean people who cannot read a want In summary, I have pointed out thatmany es at the graduate school and Univer- ad, cannot fill out a Job application, cannot laws are based on the absolute moral values sity Center at the City University of do elementary banking, cannot even read most Americans affirm, and I have suggested New York. their children's report cards. And the figure