~ongrrssional Rrcord United States of America PROCEEDINGS AND DEBATES OF THE 102d CONGRESS, SECOND SESSION

SENATE-Friday, June 12, 1992

(Legislative day of Thursday, March 26, 1992)

The Senate met at 11:32 a.m. on the RECOGNITION OF THE MAJORITY Suppose my problem was a crippling expiration of the recess, and was called LEADER pain in a joint muscle, like arthritis. to order by the Honorable GEORGE J. The ACTING PRESIDENT pro tem­ Who is the best rheumatologist in your MITCHELL, a Senator from the State of pore. The majority leader is recog­ hometown-! guess that is what they Maine. nized. call them-or the best neurologist-­ that is for a muscle or nervous system PRAYER ailment--or the best otolaryngologist-­ The Chaplain, the Reverend Richard ORDER OF PROCEDURE what used to be called an eye, ear, C. Halverson, D.D., offered the follow­ Mr. MITCHELL. Mr. President, am I nose, and throat doctor, but they took ing prayer: correct in my understanding that the out the "eye" and gave them to the Let us pray. Journal has been approved to date and ophthalmologists, and now it is ear, 0 Lord, thou hast searched me, and the time for both leaders reserved for nose, and throat. known me. Thou knowest my downsitting their use later in the day? I could ask you to recommend a gas­ and mine uprising, thou understandest The ACTING PRESIDENT pro tem­ troenterologist for my heartburn and a my thought afar off. Thou compassest my pore. The majority leader is correct. cardiologist for my heart. But I doubt path and my lying down, and art ac­ you would know who are the best. Or quainted with all my ways.-Psalm 139:1- how reliable are their critical support 3. EXTENSION OF TIME FOR MORN­ specialists in radiology, anesthesi­ Eternal God, as the Senate recesses ING BUSINESS UNTIL 12:15 P.M. ology, and pathology, Yes, Mr. President, we are spending and the Senators disperse to their Mr. MITCHELL. Mr. President, under homes, their States, their scattered re­ $821 billion this year to get the best the previous order there was now to be medical care all that money has to sponsibilities, may they go in the con­ a period for morning business to extend fidence that You are with them; that offer us. And we do not know who does until12 noon. what best. You are before them and behind them; I now ask unanimous consent that So how can we reward the best with over, under, and around them. For period for morning business be ex­ our business? If we cannot tell a Kirby those who journey, grant them safe tended until12:15 p.m. today. Puckett--to use the best in baseball­ passage. Help them take time for their The ACTING PRESIDENT pro tem­ from a player like Bob Uecker, how families and for their own personal rest pore. Without objection, it is so or­ will we know where to go, which games and restoration. Make them conscious dered. to watch? Or-in most cases-what to of Your constant love and care. Mr. MITCHELL. I yield the floor. pay for a ticket. In His name who is incarnate love. Mr. DURENBERGER addressed the Kirby Puckett will end up getting $6 Amen. Chair. million a year and a player like Uecker The ACTING PRESIDENT pro tem­ a lot less. But that is not how medical APPOINTMENT OF ACTING pore. The Senator from Minnesota is care needs to work. Quality does not PRESIDING PRO TEMPORE recognized. have to cost more. We do not have to spend $6 million a The PRESIDING OFFICER. The MEASURING QUALITY IN MEDICAL year on the best cardiologist in Amer­ clerk will please read a communication ica. We simply need to send her or to the Senate from the President pro CARE him-and their colleagues-all our tempore [Mr. BYRD]. Mr. DURENBERGER. Mr. President, business. The legislative clerk.read the follow­ if someone asked you which is the best A winning baseball team draws the ing letter: hospital in this city, do you think you fans even at $15 or $20 a ticket. A loser U.S. SENATE, could answer that question with con­ does not. You get some entertainment PRESIDENT PRO TEMPORE, fidence? I might ask, Mr. President, value out of both. Sure, you get a good Washington, DC, June 12, 1992. the same question about your home game at many; even some of the losers. To the Senate: · State or your hometown in your home Under the provisions of rule I, section 3, of But the best always consistently get the Standing Rules of the Senate, I hereby State. your business at an appropriate and af­ appoint the Honorable J. ROBERT KERREY, a Suppose I were visiting in your home fordable price. Winners sell out the sta­ Senator from the State of Nebraska, to per­ and I was suddenly and seriously ill; dium because we can judge what we form the duties of the Chair. could you really do me a favor and want, and we want the best, and we ROBERT C. BYRD, refer me to the best hospital in your will decide who is the best and what we President pro tempore. community, the State of Nebraska, and are going to pay them. Mr. KERREY thereupon assumed the the city of Omaha? Could you really do But, not so in medicine. And that is chair as Acting President pro tempore. any better with your doctors? the heart of why we have a nearly 1

• This "bullet" symbol identifies statements or insertions which are not spoken by a member of the Senate on the floor.

14735 14736 CONGRESSIONAL RECORD-SENATE June 12, 1992 trillion a year problem. People have no Mayo does it right the first time. Let THE QUALITY MOVEMENT way of determining how to get value me say that again. Mayo does it right Nevertheless, the quest for genuine qual­ for their health care dollar. the first time. Its costs are 20 percent ity-of-care measures has become a full­ So, now you ask me, Mr. President, below the national average. I daresay, fledged movement. The American Hospital how do I answer the questions-if you if we sent all of our business to the Association estimates that more than 30 asked? The fact of the matter is, I real­ Mayo Clinic, they could be 40 percent states now have state-mandated health data commissions that collect quality-related in­ ly cannot. But we are beginning to below the national average. You really formation. The twin goals are to help hos­ learn how, and to learn why. It is im­ can get higher quality for less. pitals improve their performance and to portant to answer the "who is the Physicians for whom I have a great point consumers to centers where they are best" questions. deal of respect tell me time and time more likely to get the best care. In Penn­ We call it medical service values as­ again that if America ran a hospital sylvania, for instance, the state's Health sessment. It is a science or art in its and a doctor system in which the best Care Cost Containment Council is collecting infancy. But crude measures are in­ practices were rewarded with all of our information on hospital charges and patient creasingly available to all of us. The medical purchases, the prices we pay outcomes-not only to clue patients in but could be reduced by 35 percent nation­ also to help corporations identify centers Health Care Financing Administration that efficiently spend their health-care dol­ [HCFA] released its Medicare hospital wide. That is a challenge that every in­ lars. information report just last Wednes­ stitution and most medical staff and The Maryland Hospital Association's Qual­ day. HCFA cautions that its report is medical clinics should support. ity Indicator Project provides an insightful "not intended as a direct measure of I applaud this year's "best." I chal­ checklist now used by more than 600 medical quality of care," but it is best used to lenge them all. centers in 46 states. In consists of 10 yard­ generate questions from consumers Mr. President, I ask unanimous con­ sticks that hospitals-and ultimately con­ rather than make judgments on the sent to have printed in the RECORD a sumers-can use to help measure quality. quality of care. portion of the June 15, 1992, U.S. News Many are actually signs of a bad hospital, in­ & World Report article referred to. cluding such factors as the number of times Other agencies in Government, in­ patients have to return unexpectedly to op­ cluding the Agency for Health Care There being no objection, the mate­ rial was ordered to be printed in the erating rooms and cardiac-care units. Emer­ Policy and Research that we created 4 gency rooms have separate standards, such years ago, the majority leader had a RECORD, as follows: as the number of patients who have to wait major stake in that-is coming to grips AMERICA'S BEST HOSPITALS more than six hours for care. with these same questions. Even the There's no way out: Your doctor says you While the information garnered is still too joint committee on accreditation of have to be hospitalized, and a second opinion raw to help consumers much, the checklist confirms it. But where's the best place to go? seems to be pointing medical centers toward hospitals is giving us some useful infor­ Community hospitals are fine places for hav­ problem areas. Last year, for example, Beth mation. ing babies and for routine medical matters Israel Medical Center in New York picked up Mr. President, the current issue of such as removing tonsils or setting frac­ a higher than expected rate of unplanned re­ U.S. News & World Report, the June 15 tures. And many hometown hospitals are admissions after in-and-out surgery. Beth Is­ issue-and I picked it up in an airport going to extraordinary lengths to draw pa­ rael's quality-assurance specialists believe newsstand-is entitled "America's Best tients, offering cozy amenities that round off that some of the patients might have had those hard-edge hospital corners. bad reactions to anesthesia or have needed Hospitals." It has made us more aware But community hospitals are "primary of what we need to know and what we more extensive surgery. care" facilities-the first link in the health­ The findings from the Maryland-based do not know with their third annual care system-and are not equipped to tackle project will be published at some point in a survey of America's best hospitals. complicated or unusual cases. For a serious form- perhaps as quarterly reports-that U.S. News & World Report interviewed problem, say experts, a larger center or will let consumers select one hospital over doctors by regions of the country and major tertiary institution that delivers top­ another. But figures on individual hospitals came up with a "best" list as some doc­ notch specialty care is the place to go, even are proprietary for now. And while hospitals if you have to travel to get there. tors see it. I obviously, rejoice in see­ To get the strongest consensus about can release the information if they want to, ing my home State pride and joy-the sources of the best care in the specialties of they cannot use the findings for marketing purposes-to compare themselves with other Mayo Clinic-right at the top. No mat­ most concern. U.S. News has for the third year surveyed leading U.S. physicians. More institutions, say, as many doubtless would in ter how you measure quality, whether today's fierce competition for patients. through HCF A's analysis of Medicare than 1,000 doctors identified the nation's top hospitals in 16 specialties-including, for the Among the quality-care indexes in the off­ data or by interviewing doctors, Mayo ing, some of the potentially most enlighten­ always ranks on top. · first time, hospital-based geriatrics pro­ grams. Displayed on Page 62 in a "best of the ing are being devised by the Joint Commis­ But, Mr. President, I know I have best" list of those hospitals that scored high sion on Accreditation of Healthcare Organi­ other best hospitals in my State of in three or more of the 16 specialties is in­ zations, the nonprofit group that accredits Minnesota. If the survey were not re­ cluded. hospitals, nursing homes and other clinical gional, I would see the University of This special guide to hospital care appears facilities. Although possible indicators of just days before the federal government re­ quality care are still being judged, the Minnesota on that list. I would see sev­ JCAHO has just released a series of bro­ eral of my outstanding community leases more than 50 volumes of quality-of­ care computations for nearly 6,000 U.S. hos­ chures suggesting questions patients can ask hospitals. But I am not sure which pitals. The government's findings this year, to scout out quality care. Brochures focusing ones. however, are-like its four previous efforts­ on hospitals, long-term care, home care, am­ I see many friends that I visit around minimally helpful. Prepared by the Health bulatory care and mental health services are the country-at Johns Hopkins, in Bal­ Care Financing Administration, the agency available free to anyone who sends a self-ad­ timore, MD; Anderson, in Houston­ that oversees the Medicare program, the dressed, stamped envelope to "Helping You places like that. I see them on the list. state-by-state report lists the predicted and Choose" Brochu{es, Customer Service Cen­ They are among the best, and I con­ actual death rates for Medicare recipients in ter, Joint Commission, 1 Renaissance Boule­ gratulate them. But there are many each hospital for nine surgical procedures vard, Oakbrook Terrace, IL 60181. and eight medical conditions. Independent teams of physicians and medi­ more. And how do we know them? And, But many outstanding institutions treat cal statisticians, too, want to sniff out the more important, how do we make our extremely ill patients, who are more likely factors that identify quality of care, good or medical buyers, that is our health in­ to die despite the best care, and government bad. Dozens of groups are looking at specific surers, our HMO's, our employers, Med­ researchers still have not figured out how to conditions like prostate enlargement and icare and Medicaid, send us only to factor that in. And pure random variance ex­ cataracts and identifying treatments that those hospitals and those doctors who plains most of the "excess" deaths. Asked in helped patients the most. A startlingly sim­ do better for a price that we can all af­ the U.S. News survey whether they find the ple concept, the findings are leading to medi­ HCF A report helpful in deciding where to cal guidelines for managing disease. Re­ ford? admit or refer patients, 68 percent of physi­ cently, an American Cancer Society research That is the Mayo Clinic's greatest cians responded that it is not at all useful, team reported in the Journal of the American contribution. It has shown us that and an additional 17 percent said they do not Medical Association that they had identified quality need not cost more. Because know what to make of the data. five indicators of high-quality breast cancer June 12, 1992 CONGRESSIONAL RECORD-SENATE 14737 care, including treatment with radiation 1980. Now hospitals are taking a step that centers, for example, have gone from a cou­ therapy after breast-conserving lumpectomy would be laughably obvious in most other ple of dozen physicians to more than 120 doc­ in order to minimize the chances that tu­ businesses: They are asking patients how tors in each new site. That's peanuts com­ mors will recur. A separate investigation by satisfied they are and what they care about. pared with the 1,000 in Minnesota but plenty a Seattle team found that many centers do Since 1989, for example, the salaries of top to afford the open consultation between doc­ not offer radiation therapy, especially to pa­ administrators at the 11 hospitals in Texas, tors that is the main advantage of clinic­ tients over 50. Louisiana and California owned and operated style medicine. NURSING COUNTS by the Sisters of Charity, a Houston-based Patients who live nearby like the conven­ Catholic group, have been tied directly to pa­ Some physicians deride checklists and ience. Byron Goss Jr., who has terminal can­ guidelines as mindless "cookbook" medicine, tient satisfaction. Between 200 and 300 pa­ cer, says it would be tough to fly to M. D. but specialized groups like the · American tients per month at each hospital receive a Anderson in Houston or to drive several College of Cardiology are pumping out new form that asks 60 questions, such as "Was hours to a university center every three guidelines almost every other month. And your room kept clean?" and "Did the nurses months to have specialists perform a deli­ explain things to you sufficiently?" cate procedure to slow the growth of his the Agency for Health Care Policy and Re­ Invariably, the respondents stress caring search, a fledgling federal body, and the liver tumor. He makes a 30-minute trip to Rand Corp., a policy think tank, have a wide nurses, so Sisters of Charity is putting new Orlando instead, "Cancer disrupts your life," emphasis on training nurses to be emotion­ array of guidelines in the works. says Goss, 48. "Travel would disrupt it so ally supportive. As for hospitals' notoriously much more." He and others praise the doc­ Meanwhile, the U.S. News survey reveals bland cuisine, the group has no plans to go what doctors think matters in hospitals tors' and nurses' skills, thorough history around the country right now. The vast ma­ upscale. "We found that most people didn't taking and the feeling that the doctors--who jority of doctors ranked quality of nursing care about it," says Peggy Scott, a spokes­ work on salary rather than for fees--don't care second, behind only the quality of the person for Sisters of Charity. "No gourmet see them as cash cows. medical staff (physicians on the hospital chefs for us." The concerns of Sisters of Charity's pa­ The clinics have gone to great lengths to payroll) as the chief predictor of capable hos­ tients are far from unique. In a recent na­ reproduce what they offer at their home pital care-and ahead of state-of-the-art tional survey of some 140,000 patients dis­ bases, right down to the fish tanks that technology, research capabilities and the charged from 225 hospitals, Press, Ganey As­ grace the waiting rooms of M. D. Anderson's quality of teaching in institutions affiliated sociates Inc., a health-research firm in South Houston and Orlando centers. Every month, with medical schools, all of which might an M. D. Anderson physician comes to Flor­ seem to represent solid-gold indicators. Bend, Ind., found that the following five fac­ tors best relate to patients' satisfaction: ida for a week to meet with Orlando Apparently not. Indeed, geriatricians think Concern for privacy. confreres, and all Orlando doctors spend at the nursing staff is the most important fac­ How well family is kept informed. least one week a year in Houston. Ninety tor. AIDS specialists rank discharge plan­ Sensitivity to the inconvenience of has- percent of the physicians at the Jacksonville ning as the third most important indicator pi talization. Mayo Clinic took at least part of their train­ of quality, behind medical and nursing Cheerfulness of surroundings. ing in Minnesota, and a third of the Fort staff-higher than in any other specialty. Attitude of nurses when called. Lauderdale Cleveland Clinic's doctors moved Gynecologists rated ancillary services-a Tracking the weight given to nursing gen­ down from Ohio. All three home bases main­ category that sweeps in everyone who pro­ erally, other factors that ranked high in­ tain computer linkups to their satellites so vides indirect care, from social workers to cluded nurses' promptness when called and that doctors can send X-rays and other data radiologists--just behind medical staff. Oph­ their attentiveness to patients' special back and forth for consultation. And pa­ thalmologists think high-tech services are needs. The attitude displayed by technicians tients can enroll in most of the research second most important. and admissions clerks was also important. tests that the mother bases offer. Kids in Or­ To date, the U.S. News survey stands as the And it is clear that patients dislike being lando, though, have it one up on their Hous­ sole broad assessment of hospital care. Ef­ kept in the dark. Those surveyed said they ton counterparts--they can choose between forts are underway to add objective measures would be more inclined to recommend a hos­ Nintendo and Sega video games in the pedi­ to the rankings. Even now, though, when you pital to relatives or friends if doctors and atric department. Houston has only need the best care possible, this is the guide nurses took the trouble to explain why pro­ Nintendo. that can best help you find it. cedures and tests were being done. Overall, FULL COURSE the 225 hospitals in the sample did best in THE BEST OF THE BEST nurses' attitudes and competence and scored Although they have almost everything the The following hospitals appear on at least lowest on general ambience and length of back-home doctors do, some big-ticket items three of the 16 specialty lists in the U.S. waits to get tests like X-rays. Not surpris­ are absent. Mayo, for example, has a gamma News survey: ingly, patients saw small and medium-sized knife-a multimillion-dollar gamma-ray Johns Hopkins Hospital: 13 specialties. hospitals as more hospitable than large ones. generator that can destroy diseased tissue Mayo Clinic: 12 specialties. Hospital chief executives say they hear the deep within the brain without surgery-only Massachusetts General Hospital: 11 special- message. "The central focus used to be mak­ in Minnesota. The Fort Lauderdale Cleve­ ties. ing sure our doctors were happy," says Rob­ land Clinic sends cancer patients to a local UCLA Medical Center: 9 specialties. ert Condry, director of Loyola University's facility for radiation therapy. Orlando Can­ Cleveland Clinic: 5 special ties. Foster G. McGaw Hospital outside Chicago. cer Center doctors still consider sending pa­ Duke University Medical Center: 4 special­ "Now it's trying to meet patients' needs and tients with really rare conditions back to ties. making the hospitals a warmer place to be." Houston. On the other hand, some procedures Memorial Sloan-Kettering Cancer Center: 4 Anyone who has done hospital time would may be available only in Orlando, such as ex­ specialties. find the change welcome. perimental radioactive implants for brain University of Texas (M.D. Anderson Cancer tumors. Center): 4 specialties. MAYO MINUS SNOW The prospect of big-name clinics. and hos­ Stanford University Hospital: 3 specialties. Treatment at the vaunted Mayo Clinic, pitals coming in and trolling for patients University of California, San Francisco doesn't necessarily thrill the local medical Medical Center: 3 specialties. Cleveland Clinic or M. D. Anderson Cancer Center no longer requires a trek to Min­ community. Fort Lauderdale-area doctors nesota or Ohio or Texas. Chasing shifting de­ fought an ultimately unsuccessful battle to THE HAPPIER THE PATIENTS, THE FEWER THE mographics, these institutions have opened keep the Cleveland Clinic out, running a full­ EMPTY BEDS up shop in the Sun Belt, in well-off cities page newspaper ad and denying hospital (By Steven Findlay) near plenty of potential patients. Mayo privileges to clinic surgeons. Connecticut Hospitals have become hardball marketers launched its first satellite clinic in Jackson­ oncologists last month succeeded in persuad­ over the past decade, hawking themselves in ville, Fla., in 1986 and established a second in ing New York City's Memorial Sloan-Ketter­ print and television ads as slick as any for Scottsdale, Ariz., a year later. In 1988, the ing Cancer Center to cancel plans for a clinic cars or fast food. Last year, America's 6,000 Cleveland Clinic opened a Fort Lauderdale in Danbury. From a patient's perspective, hospitals spent $863 million on advertising, facility. And last year M.D. Anderson joined however, these big-name clinics make very up from $500 million in 1986, to fill their beds with a local medical center to open the Or­ desirable neighbors-or at least alternatives with that prized commodity, the patient lando Cancer Center. to Minnesota or Ohio or Texas. with full insurance coverage. They have of­ All have thrived. Mayo says its surveys Mr. DURENBERGER. Mr. President, fered birthing rooms, gourmet food and VIP show that patients like its two new locales suites. as much as the headquarters in Rochester, do I still have time remaining? But a third of their beds, on average, were Minn. And all the satellites have added doc­ The ACTING PRESIDENT pro tem­ still empty in 1990, up from 25 percent in tors and office space since opening; the Mayo pore. The Senator still has the floor. 14738 CONGRESSIONAL RECORD-SENATE June 12, 1992 AID TO NICARAGUA COMMI'ITEE ON FOREIGN AFFAIRS, freedom to Nicaragua. As friends of your Washington, DC, May 12, 1992. country, we will continue to support you in Mr. DURENBERGER. Mr. President, Hon. ANTONIO LACAYO, advancing these goals. Our intention is not I was fortunate enough last week to be Minister of the Presidency, Republic of Nica­ to interfere in the internal politics of Nica­ asked to go to Managua, Nicaragua, to ragua, Managua, Nicaragua. ragua. We are motivated by a genuine desire represent some of the people in this DEAR MINISTER LACAYO: We write as Mem­ to further institutionalize democracy in bers of Congress with a deep and long-stand­ your country. We thank you for your consid­ body at a meeting of the Presidents of ing concern about your country. We share a eration of our concerns and look forward to the five countries of Central America common interest in the future of democracy hearing from you in the future. plus Panama, with Prime Minister in Nicaragua. Sincerely, George Price, of Belize. There is a great deal of respect in the U.S. Robert J. Lagomarsino, William S. for the tremendous accomplishments of the Broomfield, John Rhodes, Bob Stump, I intend sometime next week to fur­ Chamorro government: the reduction of the Jim Bunning, Porter J. Goss, Dan Bur­ ther elaborate on what I observed on armed forces, the permanent end of the civil ton, Bill Emerson, Jon Kyl, Tom Eli­ that visit, what I learned on that visit. war, economic reforms including privatiza­ ley. But I did learn that a couple of very tion of many entities, and, most important, Cass Ballenger, Bob Walker, Bill McCol­ critical issues face the people of Nica­ the restoration of basic freedoms completely lum, Dana Rohrabacher, Bob Living­ ragua at the present time. absent under the Sandinista regime. As ston, Bob Dornan, David Dreier, John strong supporters of the United Nicaraguan Kasich, Tom Lewis, Jerry Solomon, I must say, as one who has been Opposition from its creation, we look upon Steve Gunderson, Chris Cox, Amo going there since 1971, who has been these accomplishments with respect and Houghton, Duncan Hunter. dealing with the politics of that coun­ with pride. try in particular from this body for the We are concerned, however, about a num­ COMMITTEE ON FOREIGN RELATIONS, last 13 or 14 years, that the stabiliza­ ber of troubling issues which we believe Washington, DC, May 27, 1992. threaten the future of democracy in Nica­ Hon. RONALD ROSKINS, tion program which this country and ragua. We are particularly concerned over this body have had a lot to do with­ Administrator, Agency for International Devel­ the continued lack of meaningful reform in opment, Washington, DC. like $580 million worth of a stabiliza­ the national police and in the leadership of tion program-has been amazingly suc­ the Armed Forces. We know of no other case DEAR RoN: Earlier today I asked my staff where a nation's security apparatus is under director, Admiral Bud Nance, to convey my cessful. It would be a shame to see it opposition to Congressional Notification slip. the de facto control of an opposition politi­ cal party. The abuses of the security forces #294, project number 524-0325 regarding the But, as a practical matter, there are include lack of protection for democratic obligation of $100,000,000 for Nicaragua. Ad­ a couple of concerns that Americans labor unions, little or no action on miral Nance informs me that he just spoke have expressed via certain Members of extrajudicial murders such as those of with your Deputy, Mark Edelman. this body, and other Members, that de­ Enrique Bermudez and Jean Paul Genie, and On several previous occasions I have ex­ serve attention. It would be a shame to numerous abuses of authority-especially in pressed my concerns about the Chamorro areas where contra support was strong. Government's failure to reverse the Sandi­ see cuts in that aid take place; a shame These issues have been well-documented by nista policies of the past. It is well known to see what is currently a fragile econ­ numerous objective observers such as the that the Chamorro Government has not omy potentially collapse. And it is an State Department's human rights report and privatized corporations and other businesses issue that needs to be dealt with the Inter-American Human Rights Commis­ that were seized and nationalized by the thoughtfully by Members of this body sion. Communist Sandinistas. Also, the illegally and the other body, and by the admin­ Our concern is that further political, so­ confiscated private property of more than istration. I hope that it is dealt with. cial, and economic development in Nica­ five thousand Nicaraguan citizens still re­ ragua will continue to be stymied by an un­ mains in the hands of the Government. It has Mr. President, I wilL ask unanimous democratic police force unless the reform come to my attention that Government consent, just to lay a foundation for issue is addressed with the same forthright forces have begun to destroy some of these my comments next week, that a copy ·spirit your government has addressed restor­ properties, and that the Chamorro Govern­ of a letter addressed to the Honorable ing basic liberties and economic growth. ment continues to confiscate private prop­ Antonio Lacayo, who is the Minister of We are also concerned about the issue of erty. the Presidency of the Republic of Nica­ property rights, which are the foundation of Of utmost importance to the American any free market system and a critical meas­ taxpayer is the fact that more than 200 ragua, from a number of our colleagues ure of a country's investment climate. It is American citizens have had their property on the House side, dated May 12; plus a our understanding that many property confiscated and not returned. This makes a letter to the Administrator of the claims stemming from the Sandinista era re­ mockery of the notification's assertion that Agency for International Development main unresolved. In addition, we are trou­ "in most respects, the Government of from our hospitalized colleague, JESSE bled by the continued lack of action to ad­ Nicaragua's reform efforts, undertaken in HELMS, dated May 27; and a letter dress the blatant confiscation undertaken by 1991, were spectacularly successful." Sandinista authorities during the 1990 tran­ Furthermore, Administration witnesses dated May 31, 1992, in response to those sition period. We understand that many legal letters, from Minister Lacayo, which have testified before the Foreign Relations and constitutional issues are raised by ef­ Committee that the Communist Sandinistas highlights the efforts that have been forts to address this issue. Nonetheless, we made by the Government, highlights continue to control every security, military, urge you in the strongest possible terms to intelligence, and law enforcement agency in some of the progress being made on commit your government to an equitable the country. These agencies have been used property claims resolution and on po­ and speedy resolution of the property issue. to assassinate dozens of former freedom lice professionals, and also highlights No one understands better than we the fighters. the desperate need that country has need for reconciliation in Nicaragua; we have great admiration for your efforts to Given the fiscal crisis facing this country, right now for help in securing or buy­ bring all Nicaraguans together in a demo­ and the absence of any base of support for ing up all of the remaining arms that cratic society. We also understand, however, foreign economic assistance among the had been placed in the hands of civil­ that the immediate transition period is over American people, you and I must work to ians between the election and the inau­ and that new policies and personnel are scrutinize every cent that is spent on these guration of President Chamorro. It was needed to consolidate and strengthen democ­ programs. I do not believe that the American racy in Nicaragua. Competing demands for taxpayers would support funding for a gov­ something I witnessed-or participated ernment that refuses to respect the sanctity in, that i&-the burning of about 36,000 U.S. assistance will inevitably place pressure on funds for Nicaragua. While we have no of private property for their own and Amer­ of these weapons. doubt that there will be continued need for ican citizens. I ask unanimous consent that these U.S. aid, it is imperative that the reform Until I am convinced that there is signifi­ letters be printed in the RECORD. process move ahead in order to create the cant reform in the Chamorro Government I climate necessary for additional public and will be compelled to object to the disburse­ There being no objection, the letters private investment in Nicaragua. ment of these funds. were ordered to be printed in the We applaud the progress of the Chamorro Sincerely, RECORD, as follows: government in bringing peace, security and JESSE HELMS. June 12, 1992 CONGRESSIONAL RECORD-SENATE 14739 REPUBLIC OF NICARAGUA, decades in 1888, continued with Zelaya in day but have no police school at all, and the MINISTRO DE LA PRESIDENCIA, 1893, the U.S. Marines in 1912, Sandino in other two thirds were educated in the middle May 31, 1992. 1927, Somoza in 1936, the Sandinistas in 1979, of the war years, with a heavy dosis of par­ Han. ROBERT J. LAGOMARSINO, and almost the Contras during the 80's. tisan propaganda. It should be also clear, Han. WILLIAM S. BROOMFIELD, It was not until President Arias presented though, that our situation is not the one in Han. JOHN RHODES, his Peace Plan in 1987 and until President El Salvador, where an AID sponsored opinion Han. BoB STUMP, Bush became President of the United States poll reflected a very high unfavourable opin­ Han. JIM BUNNING, in 1989 and Secretary Baker pushed in Con­ ion of their police force. In Nicaragua, recent Han. CASS BALLENGER, gress for a bipartisan agreement on Nica­ polls show that our National Police enjoys a Han. BOB WALKER, ragua, that we began talking about free elec­ 64-24 favourable-unfavourable opinion, even Han. BILL MCCOLLUM, tions, supervised by the U.N. and the O.A.S. among UNO sympathizers, which has to be Han. PORTER J. Goss, that made real opportunity available for taken very seriously into consideration. Nev­ Han. DAN BURTON, people like Violeta Chamorro. ertheless, an example of our commitment Han. BILL EMERSON, You all know what happened afterwards. with this endeavor was the recent appoint­ Han. JON KYL, With the valiant help of people like you and ment of a civilian as head of the Immigra­ Han. TOM BLILEY, many other democrats in the world, the Nic­ tion Department, which had been in the Han. JOHN KASICH, araguan people voted on February 25, 1990, in hands of the military since 1940. Han. TOM LEWIS, a way very few expected. Everybody voted, Property claims resolution and police Han. JERRY SOLOMON, and the results were accepted by everybody. professionalization are, of course, important Han. DANA ROHRABACHER, We had achieved a new Nicaragua, free and issues to Nicaragua, its people and the gov­ Han. BOB LIVINGSTON, democratic, as democrats had fought for. We ernment, and this will be done. But in the Han. BOB DORNAN, had taken the first step towards "the forma­ first two years of the Chamorro Government, Han. DAVID DREIER, tion of a government of national reconcili­ priorities were others: to stop the war, and Han. STEVE GUNDERSON, ation, based on the unity of the nation and to eliminate hyperinflation. And we did stop Han. CHRIS COX, oriented towards common well-being, and the war, demobilized the contras, reduced Han. AMO HOUGHTON, service to the country, above any political the army by 75 percent, and went from 55,000 Han. DUNCAN HUNTER, interests", as was stated in the UNO govern­ percent inflation in our first year of govern­ Members of Congress, mental platform. ment, to less than zero inflation in our sec­ Washington, DC. But let us be honest and accept that all of ond year. . DEAR FRIENDS MEMBERS OF CONGRESS: Let those who were interested in nothing more Now, as we begin our third year, we have me first thank you all for your special inter­ than changing the sandinista army with the new priorities: to begin growing in terms of est in the establishment of democracy and contra army, and Daniel Ortega with some­ GNP (after eight years of decline) and to economic development in Nicaragua, and for one like Anastasio Somoza, ended up frus­ strengthen the rule of law (after 168 years of the respect you have for the accomplish­ trated when they saw no military victory or no rule of law). And it is clear that in order ments of the Chamorro Government in just defeat, and no substitution of one imposed­ to be successful, we will have to accelerate two years, as it is reflected in your letter of by-arms President by another imposed-by­ the professionalization of our police forces May 12. arms President. and the resolution of property claims, so as Let me also assure you all that we share Democracy could have never been achieved to create a good business climate and to at­ your concerns about a number of issues that by war, coups, revolutions or counterrevolu­ tract private and foreign investment. As a could impair our common goals in this coun­ tions in Nicaragua, as our 168 years of inde­ former executive and entrepreneur associ­ try, and that we accept your advice with real pendence had proven so well. But those who ated with foreign investors, I know how affection because we know they come from have believed in such alternatives, will con­ much benefit private foreign investment real friends of Nicaragua whose motivations tinue to depict as "co-government" every ef­ brings to the economy. are clean and sincere. fort geared to run the country in a new way. This will in turn generate the badly needed Precisely because we feel that way, your The task of ending 168 years of "civil war job opportunities that former contras and letter has forced me to meditate for several ex-army officers are looking for, and will no days and to devote this Sunday May 31st, to and wanton destruction" is not going to be an easy one, and textbook recipes do not doubt reduce the possibilities of a "social ex­ print on paper my honest reflections. It is plosion" in Nicaraguan. my only intention to share with you numer­ exist. But it is even more difficult when, at You can be sure that nobody in Nicaragua ous thoughts about Nicaragua, what we are the same time, President Chamorro has to wants a social explosion, the way we have trying to achieve, the way we are doing it, move her country away from extreme pov­ seen it lately in Venezuela, Colombia, Los and why. erty and from an inefficient centralized Angeles, or Thailand, or the kind of coups we We all knew it was not going to be easy. To economy, and from years of confrontation have seen in Haiti or Peru; but unemploy­ defeat the FSLN in an electroal process that virtually divided our country in two. ment and empty stomachs are ill advisors. sounded more like utopia than anything else. We are, of course, concerned about prop­ Despite the fact that we are flooded with Never in history had pro-soviet or marxist erty claims stemming from the Sandinista arms (supplied by the Soviet and the U.S. ruling parties been defeated by the ballot. era, because the sooner we revise these cases governments in the past decade), we don't And in Nicaragua we had never experienced a and proceed to restitution or compensation, want to kill each other anymore. The whole true change of government as a result of the better for the ecoi.lomy. It should be episode of "revueltos" last month, was to­ votes. Our history had been quite the oppo­ crystal clear, though, that as stated in the tally resolved with only one Nicaraguan site. UNO governmental platform, "the peasants killed, which nobody wanted killed, and in In "The Capitals of Spanish America", will be guaranteed legitimate ownership of the past two weeks the Police and the Army, written in 1888 by William Eleroy Curtis, the land they have in possession in virtue of under instructions from President Chamorro, late Commissioner from the United States to the Sandinista agrarian reform, and shall be have been dislodging "revueltos" elements the Governments of Central and South granted property titles, without detriment of from 47 farms, including the ones belonging America, it says about Nicaragua: the right to compensation of the affected to Mr. Ramiro Gurdian, President of COSEP, "There is no spot of equal area upon the owners." In spite of this, we have returned to and will continue to do so until the rightful globe in which so much human blood has legitimate owners thousands of acres of cot­ owners enjoy their full property rights. been wasted in civil war, or so much wanton ton, coffee, banana and cattle land that our Having been able to collect from civilians destruction committed. Nature has blessed it government inherited as state farms, as well (and destroy) 36,000 war arms in the last four with wonderful resources, and a few years of as many industries such as Coca Cola Bot­ months (the equivalent to 2,160,000 in a coun­ peace and industry would make the country tling, Eskimo Dairy, La Perfecta Dairy, try of your size in population), proves that prosperous beyond comparison; but so much Record Plastics, Chipirul Candies, Luna Mat­ nobody wants explosions in Nicaragua. attention has been paid to politics that little tresses, Fogelsa Freezers, San Martin Be sure it is not true that our "nation's se­ is left for anything else. Scarcely a year has Slaughterhouse and Amerrisque Slaughter­ curity apparatus is under the de facto con­ passed without a revolution, and during its house, etc. We have only 17 cases of property trol of an opposition political party", as sixty-five years of independence the Republic claims made by U.S. citizens duly docu­ your letter says, neither the army nor the has known more than five times as many mented through our Foreign Ministry, which police. That would be similar to affirm that rulers as it had during the three centuries it are currently pending of resolution. Our Am­ the Spanish army, policy or security appara­ was under the dominion of Spain. It was sel­ bassador in Washington will provide you tus were under the control of franquismo dom a question of principle or policy that with further details on these matters. just because many of their leaders continue brought the inhabitants to war, but usually We are, of course, also concerned about the to be from the Franco era after 17 years of the intrigue of some ambitious man". lack of proper training of our National Po­ democratic government. That history of war and violence, revolu­ lice, where one third of their men and women You can also be sure that there is no such tions and coups, that had been going on for have been already hired after inauguration thing as "lack of protection for democratic 14740 CONGRESSIONAL RECORD-SENATE June 12, 1992 labor unions" as you also believe. Labor ents and make the world a frightening number in the millions across the Na­ unions gr.ouped in the CPT, backed by the place for those who should be living tion and the world. They daily pray for AFL-CIO, have grown in number and lives of carefree adventure. his return, they keep the hope alive. strength in the last two years, and some­ We need not be defenseless in the face And while their son Jacob has be­ times their clashes with the Sandinista FNT labor unions are the result of the speed with of these crimes. The experts tell us come a national symbol for our lost which they are trying to regain the terrain that the key to finding abducted chil­ children, Patty and Jerry Wetterling lost to the FNT in the last decade. dren lies in a quick and thorough re­ have become symbols of hope. They A government with the armed forces and sponse. Fifteen States have passed leg­ have brought national attention to the police firmly in the hands of the nondemo­ islation in recent years that could problem of child exploitation through cratic opposition, with widespread disorder, greatly raise the odds that an abductor the Jacob Wetterling Foundation, an economic chaos, selective assassination and will be brought to justice. organization for preventing and re­ with US aid financing Sandinista organiza­ However, these efforts are not sponding to stranger abductions. A 24- tions in an increasing manner, as Jeane hour hotline-8Q0-325-HOPE-has been Kirkpatrick published in her May 12 article enough, Mr. President. Because we lack in The Washington Post, could have never national legislation, those who prey on established to generate leads in such achieved "the reduction of the armed forces, children can often foil our efforts by cases, and a $200,000 reward has been of­ the permanent end of the civil war, economic simply moving to another State. Con­ fered for information leading to Ja­ reforms including privatization of many en­ gress must continue to work for a na­ cob's safe return. tities, and the restoration of basic free­ tional policy that will close loopholes I urge Congress and the President to doms", as your letter affirms, and still enjoy through which convicted predators can pass this legislation. Armed with the the 75-18 favourable-unfavourable opinion slip into our communities and abduct information the Jacob Wetterling Act that its President, Dona Violeta, has in the our children. would provide, law enforcement offi­ last opinion poll, exactly two years after her As amended to the crime bill con­ cials could act decisively in the critical inauguration. hours following child abductions. And We will continue to need US aid for many ference report, the Jacob Wetterling years. Please keep in mind the war lasted Crimes Against Children Registration those they serve could rest a bit easier many bad years, and "civil war and wanton Act seeks to establish Federal laws for knowing their communities are pro­ destruction" was going on even before Mr. registering those convicted of crimes tected from those who prey on chil­ Curtis visited us last century. Because we against children. dren. need your help, and because you are moti­ This act is simple and cost effective. vated by a genuine desire to further institu­ Anyone convicted of a number of tionalize democracy in Nicaragua, we will IN REMEMBRANCE OF HENRY M. address your concerns, that are also ours. crimes against minors would be re­ HARREN quired to register their current addr~ss We ask you to address one of our concerns Mr. DURENBERGER. Mr. President, that has not been addressed so far: we need with local law enforcement officials for I rise today to note the passing of a world and U.S. support to buy all arms still a 10-year period following their release dear friend to myself and to many Min­ in the hands of civilians, estimated at an ad­ from prison. Upon moving, registered nesotans. Henry Harren was born in Al­ ditional 30,000 (the equivalent to 1,800,000 in persons would be required to forward a country of your size in population); and we bany, a small town neighboring my their new address within 10 days. Each birthplace in central Minnesota. need to avoid delays in the disbursement of year, a nonforwardable verification previously approved economic aid. Our eco­ At 12, Henry began working at his fa­ nomic stabilization program has no room for form would be sent to the offender's ther's newspaper, the Albany Enter­ political warfare and could very well col­ last registered address. Failure to re­ prise. For the rest of his life, Henry lapse if delays materialize. Democratic turn the form within 10 days would chronicled the unfolding history of his progress, in that case, would be utopia. constitute a violation of the law unless community, and in doing so tied the With best regards, the offender could offer a valid expla­ lives of his readers together. ANTONIO LACAYO, nation. Henry Harren's contribution ex­ Minister of the Presidency, Convictions that would trigger the tended well beyond the township line. Republic of Nicaragua. registration requirement include the He distinguished himself many times kidnaping or false imprisonment of a during World War II, earning five bat­ minor, criminal sexual conduct toward JACOB WETTERLING CRIMES tle stars during the Normandy inva­ a minor, solicitation of minors to en­ sion, and fighting in Belgium and Ger­ AGAINST CHILDREN REGISTRA­ gage in sexual conduct, the use of mi­ TION ACT many. nors in a sexual performance, or the so­ After the war, Henry traveled the Mr. DURENBERGER. Mr. President, licitation of minors to practice pros­ country, working at community news­ few Minnesotans will forget the an­ titution. papers in Texas and New Mexico. In guish they felt 3 years ago when Jacob The Crimes Against Children Reg­ 1950, he returned to Albany to become Wetterling was abducted at gunpoint istration Act may require some of us to publisher of the Enterprise, and, 4 near his home in the peaceful farming choose between two interests. On one years later in 1954, he started another community of St. Joseph, MN. I have hand, we must protect children from newspaper in nearby St. Joseph. often marked Jacob's disappearance sexual abuse and exploitation. On the That year he also won a seat in the here on the Senate floor. Despite a na­ other hand, there are those whose pri­ Minnesota Senate, thereby joining the tional effort to find him, despite the ority is in protecting convicted child distinguished ranks of small town jour­ prayers, and the exhaustive efforts of sex offenders from the inconvenience of nalists turned legislators. He rep­ people throughout Minnesota and the registering their addresses once a year. resented the residents of Albany and Nation, Jacob remains among the hun­ For this Senator, there are no com­ Stearns County, including my family, dreds of abducted children nationwide peting issues to debate. If a national for 16 years, serving during that time who have not been found. registration requirement for convicted as head of the civil administration And now, Mr. President, another child sex offenders will assist law en­ committee and as chairman of the Min­ Minnesota child has been taken from forcement authorities in one criminal nesota Outdoor Recreation Resources her family. Five-year-old Corrine apprehension, or if it will deter a single Commission. Two years after he left Erstad was abducted on June 1. Mona kidnaping, I believe it is worth imple­ public office in 1970, Henry sold his Williams last saw her daughter when menting. Certainly the many parents newspapers and went to work for the Corrine went to play at a park less and law enforcement officials I have Minnesota Historical Society. than 100 feet from her home in Inver spoken with would agree. Mr. President, Henry Harren was Grove Heights, a suburb of the Twin Mr. President, I cannot bring this bright, farsighted, and faithful to his Cities. issue before the Congress without not­ constituents. He embodied the best of Child abductions-whether by strang­ ing the efforts of Jacob Wetterling's small town Minnesota, and he will be er or family acquaintance-haunt par- friends and family. Jacob's friends now missed. June 12, 1992 CONGRESSIONAL RECORD-SENATE 14741 The ACTING PRESIDENT pro tem­ lost that provision by just a few votes Scott Dawson. The oldest of five chil­ pore. The Senator from Alabama is rec­ a number of years ago. dren, he is survived by his brothers, Dr. ognized. Also, I have worked hard for the re­ C. Paul Dawson of Scottsboro, AL; J. quirement that the national debt limit Clyde Dawson of Chattanooga, TN; and has to be waived by a three-fifths vote. a sister, Bessie Mae Biddle of Fort THE BALANCED BUDGET There have been previous efforts in the Payne, AL. Another brother, Henry A. AMENDMENT Senate to pass just such a provision. Dawson, is deceased. Mr. HEFLIN. Mr. President, I rise to Several years ago, when it first came Mr. Dawson's family moved to Fort make my fifth speech in behalf of the to the Senate, we obtained 69 . votes, Payne, AL, when he was a child. He constitutional amendment to balance more than the necessary two-thirds. grew up there and graduated from Fort the budget in the past 3 weeks. I have But the House of Representatives failed Payne High School. He received his attempted to direct the attention of to come close to the required two­ LL.B. degree from the Chattanooga the Senate to this most important con­ thirds vote. College of Law in 1930, and an LL.M. stitutional amendment proposal. Another time, the amendment was degree from Cumberland University, I was disappointed when the House brought up and the Senate gave it 66 then located in Lebanon, TN, in 1931. failed to pass by the necessary two­ votes, one short of the required 67 Mr. Dawson began the practice of law thirds vote the proposal requiring a votes that would have been necessary in June 1931 with his uncle, Charles J. constitutional amendment to balance for passage. Scott, in Fort Payne, AL. They formed the budget. Our leader here in the Sen­ I think the attention that has been the firm of Scott & Dawson. In 1935, ate, Senator SIMON, took the floor last given to this matter and the leadership Mr. Dawson moved to Scottsboro, AL, evening and said we would delay the that Senator SIMON has shown have to open a branch of the firm. He was fight until next year. I respect his deci­ been beneficial. Work on this proposed later joined by Lawrence E. Brown and sion. He has given great leadership to amendment has forced the Senate to the firm became Brown, Scott & Daw­ this movement in the Senate, and I be­ focus on the trend that we are follow­ son. After the death of Mr. Brown, lieve that we could have passed this ing relative to deficit spending and the James S. McGinty joined the firm and proposal in the Senate with the nec­ need for fiscal responsibility. As Doug­ it became Dawson & McGinty, as it re­ essary two-thirds vote. las MacArthur said, "I shall return." mains today. However, since the House had de­ There is little doubt, this proposal will Mr. Dawson served on the board of di­ clined to give the two-thirds vote to return again and, in my judgment, it rectors of the First National Bank in this proposal, nothing would have been will eventually be adopted. In the Scottsboro until his death. He was past accomplished this year. meantime, I think that the issue of def­ president of the local Civitan Club. He I worked with Senator SIMON, Sen­ icit spending is on the minds of the served for many years as a member of ator THURMOND, Senator DECONCINI, American people, and the attention the board of trustees-formerly the and others, relative to this proposal that has been given should motivate us board of stewards-of the First United over a period of time. In fact, I was one to legislatively do everything we can Methodist · Church in Scottsboro. He of the first Senators to introduce such to reduce deficit spending. taught a Sunday school class and a proposal when I first came to the I think this is going to be a moti va­ served in many other capacities as a Senate. The first bill that I introduced tion that will help us in our efforts to church official. He also served as a when I came to the Senate was a con­ reduce deficit spending. But I believe member of the board of the United stitutional amendment requiring a bal­ that the attention of the American Methodist Children's Home in Selma, anced budget. public has been directed and AL. He was a member of the board of At the beginning of each Congress, spotlighted on the need for a constitu­ the Jackson County Hospital at the the first bill that I introduced has been tional amendment and that such an time the hospital was built. a proposal for a constitutional amend­ amendment will eventually be adopted. Mr. Dawson was a member of the ment requiring a balanced budget. American Bar Association, the Ala­ For 14 years I have given this pro­ bama Bar Association, and the Jackson posal my highest priority. We have TRIBUTE TO JOE DAWSON County Bar Association, of which he worked out a number of provisions that Mr. HEFLIN. Mr. President, I address was a past president. He was admitted I have supported all along, one includ­ the U.S. Senate today to pay tribute to to practice in the Supreme Court of the ing the ability of the Congress to waive the life of Joe Mathes Scott Dawson, a United States and other Federal the requirement of a balanced budget great citizen of my State who passed courts. when there is undeclared war. away on May 19, 1992, . following over 60 Mr. Dawson married Mary Frances The provision that we now have in years of law practice in Scottsboro, Ailey, of Chattanooga, TN, on October the bill would allow such a waiver to AL. Joe was a leader among lawyers in 13, 1934. Mrs. Dawson died on November occur in the event that was an immi­ Alabama for those six decades, and he 14, 1991. They are survived by one nent and serious threat to national se­ was a leader in church and community daughter, Jean Dawson Stockburger, curity. If it was first declared to be affairs as well. Joe had a joyfulness who is a practicing attorney in Little such an imminent and serious threat to about life that was striking, and he ap­ Rock, AR, with the firm of Mitchell, national security by a joint resolution proached all that he did with a positive Williams, Selig, Gates & Woodyard, passed by a full majority of both the optimism that was contagious. and three grandchildren: John Scott House and the Senate, and signed by Joe M. Dawson was an outstanding Stockburger, age 28; Mary Staci the President, then the Congress could and highly productive citizen who will Stockburger, age 26; and Christopher proceed toward waiving the require­ be greatly missed in Scottsboro, in Sean Stockburger, age 21. ment of a balanced budget in the event Jackson County, and throughout north I conclude this tribute to Joe Mathes of undeclared war. Alabama and our entire State. Scott Dawson, who was a friend of We have had five declared wars in the What follows is a biography of Joe mine and whom I personally will miss history of this Nation, and well over Dawson which was made available as each time I go to Scottsboro, with a 200 conflicts that were undeclared. part of the tribute to him at his fu­ moving eulogy rendered at the funeral Every undeclared war does not have to neral at the First United Methodist by Judge Robert L. Hodges have a waiver. This is a very difficult Church of Scottsboro, AL, on May 21, Scottsboro. method of acquiring a waiver that is 1992. EULOGY TO JOE DAWSON BY JUDGE ROBERT L. presently in the bill. Joseph Mathes Scott Dawson died HODGE8-MAY 21, 1992 Former Senator Denton and I worked May 19, 1992. He was born May 30, 1908, I was asked by his family a year ago to say several times on this specific matter. in Mentone, AL. He was the son of a few words at a ceremony which was Ultimately, we had a floor fight. We Henry Washington Dawson and Ruby planned to be in one of our courtrooms last 14742 CONGRESSIONAL RECORD-SENATE June 12, 1992 summer to commemorate the milestone of these later years, that such was his plan. For How do I know? his 60th year in the practice of law. For sev­ what devotion he had to a client's cause. Because every time the military eral reasons, including the illness of Mary, Someone once said, "Right or wrong, my forces one of them out, their service his wife, we never had that ceremony. And so country." Mister Joe had a corollary: "Right I stand this afternoon to say a few words in or wrong, my client." The art of advocacy to record becomes part of the investiga­ another kind of ceremony, one that neither him was an adventure of the sort some law­ tive effort to get rid of them. In every he nor I contemplated we would be doing to- yers never find, and the very last time he ap­ case I have ever seen, the records of gether. · peared in my courtroom in an adversarial these individuals have been above aver­ He lived over 30 years beyond the tenure of proceeding, he still had that spark of humor age. my life on this Earth. He has been a member and that glint in his eye that indicated to Just last week, the Washington Post of the legal profession over 32 years longer me, from where I sat, that he was off on reported another case. The Navy is than I, and when I graduated from law some uproarious frolick the young whipper­ kicking out a "25-year-old navigator­ school, he had been practicing law longer snapper on the other side would never be than I had been alive. able to comprehend. bombardier who finished first in his When one we know so well passes away, What do you say, those of us who labor in highly competitive flight training there are vignettes of his life which pass the halls where justice is sought; what do we classes and received top honors." through the chambers of our memories. say when one who has labored among us Why? Did he do anything wrong? Did These are the ones which have come to me. leaves after more than 60 years of such he sexually assault or harass some­ When I was a teenager, he met me each labor? body? Sunday morning at the door of the old I hark back to a special moment for me, al­ No. He merely admitted he was gay. church on Scott Street with a smile and an most 10 years ago now, when I first walked It does not matter that he was the inquiry into my Sunday school attendance into a courtroom wearing a black robe where best in his class. or my last football game. He was one of the he was sitting as a lawyer in the case. He concrete images in this community and in stood, a man many years my senior, genera­ Forget the fact that the U.S. tax­ this church in the memories I have of my tions of experience removed from me, a con­ payers paid $2 million to train him to youth. I began our acquaintance by calling temporary of my parents. He stood, and he be a bombardier. him "Mister Joe" and in all of these years, said, with a smile on his face, "Good morn­ All that matters to the Pentagon is even until my last conversation with him ing, your honor." And something passed, that the man is gay-which the Penta­ some weeks ago, that never changed. unspoken, between us that I have never for­ gon says is bad for morale. Stored in his mind, and sprinkled often in gotten. It had nothing to do with our respec­ The argument used to be that you hi-s conversations with me in later years tive ages or experience or station in life. It could not have homosexuals in the were hundreds of people who passed his way had everything to do with something both of in this county and who have long since left us respected, and both of us had dedicated military because they were vulnerable us-colorful pioneers in the history of this our lives to. It had to do with our mutual re­ to blackmail. Of course that was never community. He had a phenomenal memory, spect of the law and of those of us within its true. Nobody could ever think of an in­ until his very last illness, of all of them, and profession who are charged with the high and stance when a homosexual had been their families and businesses and their trage­ awesome task of seeking justice for the very blackmailed into betraying his or her dies and their successes, and he found in least of those in our society. What passed be­ country. That was just plain hogwash. those memories of his the humor and the tween us at that moment I feel again this But now the Pentagon has this new folly and the sadness and the frailty that is afternoon, and so I stand for him this time, excuse for harassing homosexuals. the .stuff of human existence. If you listened and the "your honor" this time goes to him. carefully to the tales he told with delight, of And to his family and friends and his fellow The Pentagon claims homosexuals some of the colorful characters who built lawyers, I quote words from Harper Lee's are bad for morale-that they rep­ this community and this county, you could "To Kill a Mockingbird": resent a discipline problem-that they almost hear Shakespeare's Puck making his A young girl watched from her seat in the cannot control themselves. famous critique of humanity, except that courtroom as her father, Atticus Finch, a The Pentagon has no proof to back Mister Joe seemed to include himself in it, small town southern lawyer who had lost a up its prejudice and baseless fears. and seemed to be saying, "Lord, what fools noble and unpopular cause, was leaving the In fact, the Pentagon has proof, we mortals be!" That ability to laugh at courtroom: "I looked around," she said. which it has suppressed, that the fit­ himself, something many of us in humanity "They were standing. All around us and in ness records of homosexuals are as have lost, was an enduring quality I admired. the balcony on the opposite wall, (they) were As a husband, he was without equal in his getting to their feet. Reverend Sykes' voice good, if not better, than the average devotion to his wife. I have images of him, was as distant as Judge Taylor's. 'Miss Jean heterosexual. this past winter, in the room down the hall Louise, Miss Jean Louise, stand up. Your Fa­ One of the studies went so far as to from where my wife was hospitalized, day ther's passin'.'" recommend that· the ban on homo­ after day feeding Mary her meals, and catch­ I yield the floor, Mr. President. sexuals serving in the military be over­ ing her up to date on the news in the paper, The ACTING PRESIDENT pro tem­ turned. The Pentagon buried the report and making her comfortable and escorting pore. The Senator from Ohio is recog­ and tried to have it rewritten. me and other visitors into Mary's room to Defense Secretary Cheney said the greet her and boost her spirits, and then nized. driving home each night to be at work the other day that "a gay lifestyle is in­ compatible with military service." next morning. HOMOSEXUALS SERVING IN THE As a father, he was without parallel in What is he talking about? There are pride. I had many visits and phone calls from MILITARY tens of thousands of homosexuals in him each time Jean or one or his grand­ Mr. METZENBAUM. Mr. President, I the military right now excelling in children had visited or called or there was rise today to address myself · to the their jobs every day. news of any of them accomplishing some­ issue of homosexuals serving in the They are the pilots, the ship's gun­ thing. The bumper sticker which says, "Let military-to the Pentagon's continued ners, the mechanics. Gay people are a me tell you about my grandkids" surely was made originally for him. outdated and absurd prohibition of gay significant part of the population. He made sure people in the nursing home men and lesbians serving in the mili­ They are a significant part of the mili­ got to church on Sunday in his old blue tary. tary and every other Government agen­ Plymouth, and that old car sticks in my It is-pure and simple-official Gov­ cy. mind, always spotless and shining, as so typ­ ernment-sanctioned discrimination. They do their jobs just like every­ ical of him. I know not if he had a love affair It is discrimination against a distinct body else. with that old car, but the care he took of it group of individuals who repeatedly The other day, one of Cheney's and the use he made of it was a sort of defi­ and throughout history have shown spokespersons said homosexuals in the ant gesture of his, I think, that his values, of that they are every bit as capable, a past generation, could still travel with the military would adversely affect order yuppiest of us. hardworking, brave, and patriotic as and the public's acceptance of the His working hours are legend in the legal their heterosexual counterparts. Armed Forces. community. There was no doubt in my mind The fact is, the performance of homo­ How do they make those claims? that he would leave this life arguing a case sexuals in the military has been su­ The fact is, a Penn and Schoen 1991 in my courtroom, and I always suspected, in perb. public opinion poll showed that 8 in 10 June 12, 1992 CONGRESSIONAL RECORD-SENATE 14743 Americans believe that homosexuals Senate to the commencement speech (and too frequently newer associates are ex­ should not be discharged from the mili­ delivered by Prof. Meade Emory on pected to show their mettle here just as bril­ tary solely because of their sexual ori­ May 17, 1992, at the Duke University liantly as in the library or at the wordprocessor), the win-lose game model entation. Law School. Professor Emory was that encourages adversarial and impersonal Mr. President, I do not believe the given the Distinguished Teacher Award conduct that is nothing short of taxpayers realize how much it costs to this year by the students at the Duke Ramboesque-are certainly real. As one who hunt for gays, investigate them, and University Law School. That award has has one foot in this netherworld, I can tell bust them out of the service. been given annually by the Duke Bar you that all of these beasts are alive and It costs tens of millions of dollars Association since 1985 to recognize out­ kicking. every year. standing classroom contributions by The practice of law in many sectors has be­ According to the General Accounting members of the law school faculty. come more like a trade than a profession, Office, the cost of discharging a homo­ A particularly noteworthy aspect of with an emphasis on money and profit rather than on service and justice. Reading the sexual, together with the lost cost of Professor Emory's award is the fact weekly law newspapers that trumpet obscene training those individuals over the 10- that he has spent most of his distin­ numbers for profits per partner, the conclu­ year period between 1974 and 1984 was guished professional career in the pri­ sion seems inescapable that money is the $176 million. vate sector, representing individual cli­ chief measure of success. The sense of "fam­ Let us be frank, Mr. President. ents with tax problems. While most law ily" and stability that marked law firms for This is a political year. students consider the subject of tax years (certainly for a good part of my life) And this is a political issue for the law to be a dry and lugubrious under­ has been replaced by an atmosphere lacking administration. taking, Meade Emory succeeds in both in any kind of bonding tradition. Able law­ yers, especially those with the coveted This administration is too afraid of challenging his students to learn the "book of business," are regularly in play in the far right to change its antigay poli­ subject and to consider its impact on the market place. Faced with the pressure of cies-even though it knows they are the lives of low- and moderate-income large firm practice, many associates express wrong. citizens in our society. their frustration and disillusionment by This administration pays constant Dean Paul Haagen of the Duke Law leaving, sensing that the power is vested in homage to a group of small, narrow­ School stated: senior partners who reap benefit, largely eco­ minded people who insist that everyone In his two years here Meade Emory has nomic, by preserving the status quo. must look, think, and live his or her brought a liveliness to his classroom, a love Some of the disappointment which young of learning with a strong grounding in the lawyers feel upon entering this milieu may life as they do. be attributable to the fact that they don't It is the same mindset that resulted practical application of the tax laws that has excited our students and enriched their know what to expect. Professor Alex John­ in the exclusion of millions of black knowledge of the tax code. Students believed son. at Virginia, in his article: "Think Like a Americans, and millions of women and tax law would be uninteresting, but in the Lawyer, Work Like a Machine," concludes other minorities from serving their hands of Emory it can be great fun. that a root cause of this lack of preparation country in the military for so many is the failure of law schools to educate their I am pleased to note that when Prof. students about the nature of law firm prac­ years. Meade Emory is not inspiring law stu­ In the 1940's, conservatives used all tice. I tend to think, rather, that you do dents to consider the public interest know what you are in for. Even though sum­ the same arguments-they said that implications of their future careers, he mer clerkships are somewhat idyllic, if your admitting black Americans into the makes his home in Seattle, WA, an ac­ eyes were open you got more than a general military would be bad for morale-that tive member of the legal community, idea of the level of work expected. What you whites would not serve alongside generous with his free time in civic and don't know is what you need to know about blacks. political affairs. Meade Emory is a yourselves-what are you willing to do, and That was baloney; pure baloney. not willing to do when the rewards are chief­ longtime personal friend who richly de­ ly financial. Young lawyers often come to President Truman knew it was not serves the recognition his teaching has true. He integrated the military, and the conclusion that the people they work for, earned at the Duke Law School this and the type of work they do, were unex­ our Armed Forces took the lead in wel­ year. I ask unanimous consent that pected and leave to seek other alternatives. coming minorities and promoting Professor Emory's commencement ad­ Law schools could do more. As the law equal opportunity ever since-save for dress be printed in the RECORD follow­ school agenda has evolved over the last dec­ one small exception-homosexuals. ing these remarks. ade there is a disunity between the speciali­ So let us not obfuscate the issue by There being no objection, the address ties required in practice and the post-grad­ talking about discipline and morale. uate academic center approach of the 2nd was ordered to be printed in the and 3rd year law school curriculum which fo­ Nothing is better for morale than a RECORD, as follows: military that knows how to get the job cuses more on interdisciplinary, law related done. What is important when the bul­ COMMENCEMENT SPEECH BY PROF. MEADE studies and theories of law. This gap height­ EMORY ens the surprise which you may experience. lets are flying is whether the soldier or On this joyous day let me congratulate you It would be positive if law schools were to do sailor or officer is brave, smart, and on your exquisite timing. Only those that more than they now do to inform their stu­ well trained. Heroes come from every follow you will not be able to whisk into a dents of the change which the profession has race, gender, and sexual orientation. gated lot but will have, instead, a lf4 mile undergone. It would allow academic lawyers Mr. President there are bills pending book-laden trudge to class. Only those that to maintain contact with the practicing bar in both the House and Senate to end follow will have the tranquility of their and thus allow them to be in a better posi­ the Pentagon's discrimination against study interrupted by the gnawing pounding tion to educate students on the realities of gay men and lesbians. of a jack-hammer. If timing is everything practice so that they can make more in­ you are off to a great start. formed career choices. Looked at from my It is time we enacted them. And it is I do not need tell you that the law practice point of view, with my practitioner hat on, time the President recognized the fact world you enter today is almost a caricature greater information about the realities of that his administration's policy of ex­ of its former self. You know this and this practice reduces the possibility of higher clusion is just senseless. It is a waste of knowledge must make this a bittersweet costs in the form of an investment in train­ the taxpayers' money. day. No matter how cynical you may have ing lawyers who leave after a year or two. And finally, Mr. President, it is just become about law school, the "rigors" of From your point of view, you would have an downright mean and it is cruel. student life, where free choice and intellec­ opportunity to make a choice grounded on tual diversity reign, may seem like a refuge what you have concluded is the best choice to the horrors that many of you have con­ (and not to simply climb, unknowingly, up COMMENDING . PROF. MEADE jured up. The private practice monsters you someone else's success ladder that may not EMORY, DUKE UNIVERSITY LAW have dreamt about-the intense time com­ be at all right for you). More communication SCHOOL mitment demanded by a high billable hour between those in law practice and those in expectation, the resultant lack of time for the academy_might, just might, over time, in­ Mr. ADAMS. Mr. President, I rise personal nurturing and development, the fuse the profession with the notion that today to call the attention of the U.S. sometimes vicious striving for new business money is not the only gauge of successful 14744 CONGRESSIONAL RECORD-SENATE June 12, 1992 lawyering and that the ideals of justice and repair, even wreckage. In no small part this viewed as attractive possibilities. In Seattle equality are more worthy than raw profit­ can be attributed-! know it is true in my I regularly see small firms upsetting the bal­ ability. case-to rampant workaholism and a failure ance of power at unexpected times and The picture that I paint may be too to balance one's life. As jealous a mistress as places. gloomy. Change may well be blowing in the the law is, and it is truly suspicious of activ­ Whatever room of the house you choose to wind. You are entering the law profession at ity outside its ken, do not forsake those in­ live in you will always have to ask: "How a time when, because of the convergence of terests and loves which flowered, at an ear­ should I live my life as a lawyer?" It has many forces, law firms may be sitting up and lier time, unprompted by economic or other been said: "There is not a single path but at listing. Significant change has been wrought outside forces. If English was your under­ least three main ways. You may choose to do in America by the persistent demand of graduate major, you no doubt cherish a love well and nothing more. You may have a try younger people who desired a society, or sim­ of literature that the law, in all its majesty, at doing well and doing good. You may find ply a way of doing things, that was different should not be allowed to dry up. In my part a way to do good; and for you that will be from that experienced by their parents or a of the country, the out-of-doors is a constant more than enough." Some come to law prior generation. Some things are now done lure and many is the time I have cursed an school to learn to do good and leave knowing better. In the practice world, the unfortu­ absent associate, even partner, who chose only how to do well. Generally, they work nately named "mommy track," thought skiing over the relative quiet of a Saturday hard to preserve power, increase wealth and unobtainable a few years ago, came about be­ in the office. That I may not do so now is deify the established order. These people do cause talented child-bearing and child­ perhaps revealed by the fact that my current well and not much more. The gains that they rearing women would not accept a choice favorite associate is a rare book collector achieve tend to rust and fail to provide sol­ that meant no utilization of their hard won with whom I would rather talk about his re­ ace in mid and late life. The law firm ethos­ education in law. On examination, though, cent antiquarian find than the intricacies of more lawyers, a larger stable to clients and this arrangement may represent nothing a net operating loss carryover issue (al­ more billable hours-has become the meas­ more than the reduction of a mother's work­ though I am the first to admit that that is a ure of worth even in law school as law stu­ load from the super achievement level nor­ luxury in which we can not often indulge). dents collect "fly-backs" like merit badges mally required of an aspiring associate to a Although I determined long ago that I would and schools measure their standing by the 9-to-6 job in return for markedly lower com­ not live my life within the four corners of number of graduates employed by pres­ pensation and a foregone chance of partner­ the Internal Revenue Code I am not sure I tigious law firms. ship. Billable hour levels have almost every­ have been, to my regret, successful in that A central question as you move from these thing to do with what the quality of your life respect. Now, I tend to agree with Professor gothic surroundings to world realities is will be; there is a universe of difference be­ Ginsburg at Georgetown when he says: whether it is possible to do good while still tween a requirement of 1700 hours and 2100 "Basic tax, as everyone knows, is the only doing well. Several years ago, Duncan Ken­ hours. (I am talking about real hours-not genuinely funny subject in law school. It is nedy, the left-liberal professor at Harvard the billing practices followed in John an appreciation of human greed three morn­ Law School, caused a storm when he pub­ Grisham's The Firm-"If the client's name ing hours each week." lished a piece in the Harvard Law Bulletin crosses your mind while you're driving to Some, though, will find the change in the on changing the corporate law firm from work, stick it for an hour.") The difference, law firm landscape too halting and timid. within. Most concluded that his suggestions frankly, is whether you are going to have There is no state or federal rule which re­ for militant, even radical, behavior to drag your week-ends and evenings to yourself and quires you to participate in the intensely the firm to a higher ideal (including, as Ire­ for activities outside your work. I sense, at competitive law firm arena. Participation in call, the suggestion that associates struggle least in my part of the country, even in large this "tournament of promotion," the current to set a new political tone for the office by offices, a recognition that a somewhat lower socio-economic description of the bizarre refusing to laugh at jokes) was unrealistic. time commitment will still allow the work world which many of you will enter, offers The letters that followed the article, how­ to be done and at a sufficient level of profit­ the opportunity for great financial reward, ever, while recognizing the need for signifi­ ability. Without a doubt, this recognition professional prestige and maybe even intel­ cant improvement in the environment, as­ was prompted by a community wide demand lectual challenge. Unwatched, however, a serted that it is simply not true that it is from the assembled associate group. As re­ participant jousting in this tournament may necessary to abandon one's morality or ide­ mote as a sabbatical may now seem to you, endure a decline in the quality of personal ology to succeed in the smelter of large firm their implementation was part of a profes­ and family life that is simply not worth practice. In lieu of grousing about the firm sion-wide realization that the practice, over whatever benefits it bestows. If this turns for which you work, and the work you may the long-term, had to be more humane and out to be the case, all is by no means lost. be doing, direct your own life in the law, ad­ less pressurized. Also, the willingness of law The wonder of our profession is the usability hering to standards in which you believe. offices to craft new arrangements (for exam­ of its skills in oh so many contexts. Along You should never have to surrender control ple, as a contract partner), in lieu of the up the continuum, myriad options are available over the type of lawyer you will become. or out system of yesteryear, is no doubt a in which the credential you receive today, Duncan Kennedy is correct when he suggests welcome harbinger as it permits tailoring a and the hardwon skills you have acquired, that if you, and your peers, stand for some­ professional role that is more individually can be used to formulate for yourselves le­ thing, even in your beginning life as an asso­ suited. gitimate, productive and healthy expecta­ ciate, you will be able to make things dif­ Be aware, though, that not all institutions tions for your legal careers. Although the ferent when you own the place. are enlightened. The game will have to be uncertainty of the present law marketplace Instilled in our profession is that which played according to the rules established by is not without trauma, that very char­ blooms from the fact-let the naysayers the current incumbents of power. One writer acteristic, which provides a flexibility in mouth what they will-that is a profession. states: which no decisions are irrevocable, may be Leonard Janofsky, a past president of the "Law firms are caricatures of the worst ec­ turned to advantage. Every place in your ABA, said: "Of course we have a right to clesiastical bureaucracies. They are hier­ professional life, if you want it to be, can be earn a living, a right to charge a fee, and archical and corruptly stratified by class, of an interim nature. While it has been the even a right to advertise our services. But race and sex. Beginning lawyers earn more pattern of those in my generation to survive before any right we have an obligation." No than the most experienced and competent 2 or 3 decades with the same law firm, I have lawyer who opts to serve the public interest, who are not ordained lawyers. Partners are always been happy I did not make that first says to him or herself, "I must do this bishops in ermine, associates are acolytes in choice. Late professional life can create a to justify my exclusive franchise." Rather, a linen, a few women have entered the sanc­ world that is "weary, stale, flat and unprof­ sense of public responsibility is almost an in­ tuary, and everybody else stands outside to itable"-unprofitable to the soul if not to stinctive by-product of our whole education contribute." the pocketbook. I pursued, instead, a mix of and training. When overhead consumes two­ As someone from that world, I can read practice, government and public service and thirds of a firm's gross income how much that and candidly tell you that it is largely teaching. Different, but each had the law as free time can be devoted to pro bono and true. I know, though, that there is unrest a central thread. In my city of Seattle there civic work? It is obvious that the single which cannot be ignored. Many of us, in is a woman lawyer who makes a good living minded pursuit of income or client service what I prefer to call the long afternoon of putting on seminars for "Lawyers in Transi­ could consume every waking hour. But there life rather than its early evening, look back tion,"-lawyers who seek alternatives to the is something about our profession which across the landscape of our accomplishments law. My point is that there are a sufficient calls upon us to lead. When I look across the with less than total peace. There will likely number of ways in which to reside in the civic landscape in Seattle there is hardly a be sufficient material gain and professional many roomed house of the law that you need single endeavor in which lawyers are not in tribute but often, at which should be the not leave it to obtain professional satisfac­ the forefront-this is true whether it is lead­ height of accomplishment, the personal ele­ tion. Joining a small firm or, after some ex­ ing the challenge for community calm fol­ ments of one's life can lie in a state of dis- perience, starting your own firm have to be lowing the Rodney King verdict, working to June 12, 1992 CONGRESSIONAL RECORD-SENATE 14745 keep major league baseball in town, covering that the United Nations presence in which had been reported from the Com­ the freeway with park space, assuring that northern Iraq should be extended; it mittee on Foreign Relations, with an loan amounts will be available to black­ states that the United States and the amendment, as follows: owned businesses, or activism on behalf of the community's homeless. The more cyni­ United Nations should attach a high On page 3, line 9, strike the word "concur­ cal will conclude that this civic work is sim­ priority to persuading Iraq to lift its rent." ply self-aggrandizement, a way of putting boycott of northern Iraq; and it states Mr. LEVIN. Mr. President, as I indi­ oneself or one's firm in the public eye. This that the United States should support cated this resolution has been cleared is partly true, but the resultant benefit to the sovereignty of all the states in the on both sides. It is cosponsored by Sen­ the community cannot be denied. area. ators MITCHELL and DOLE. Even the most cynical will not question The United States encouraged the As the crisis in the former Republics your motive, though, in bringing to bear uprising of the Kurds, and then forgot your talents on behalf of the disadvantaged, of Yugoslavia has escalated, the world those for whom the availability of legal serv­ about them-left them to Saddam Hus­ has been horrified at the atrocities and ices is inverse to their need. Most offices pro­ sein's butchery. Millions of Kurds­ the suffering of innocent noncombat­ vide some encouragement for work pro bono mostly women and children-have been ants. Cease-fires are being violated publico. If yours does not takes a stand and forced to flee their homes because of with impunity, repression is succeed­ insist that it do so. Clinton Bamberger, the threats from the Iraqi Army. They ing, and chaos reigns. first head of the Legal Services Corporation, have experienced much suffering, much Well over 1 million people have been himself an emigre from a corporate law firm, hunger. Saddam Hussein has used gas notes that "[a]rguing for and advising peo­ displaced, thousands have died, human­ ple, especially poor people, is more strenu­ attacks against the Kurds, and he has itarian relief is being denied to inno­ ous, more difficult, more demanding, and massacred entire villages. cent civilians, tens of thousands face more compensating than any other kind of If the United States and United Na­ starvation, and internationally recog­ lawyering." It is emotional and you cannot tions move out of the region, we can nized standards of decency and conduct stand apart from it. There is not much sup­ expect wholesale slaughter of the are being ignored repeatedly and fla­ port for you. Some of the law has not been Kurds. grantly. made (you may have to make it) and what Through the United Nations and Op­ The Serbian Orthodox Church itself there is, is hard to find. As a tax lawyer, I eration Provide Comfort, we have been openly denounced the Milosevic re­ know that every whisper emanating from the able to keep the wolves from the door. IRS is printed in dozens of places; I contrib­ gime, breaking almost 50 years of si­ ute to that flood by publishing a newsletter But time is running out. Soon, dead­ lent submission to Communist power. analyzing the hundreds of private letter rul­ lines will expire, and the United States In an unprecedented condemnation, the ings which that agency issues to requesting needs to act. This is not a call for Bishop's Assembly of the Serbian Or­ taxpayers. However, you will have to make money, nor a call for military inter­ thodox Church last month called for your own collection of the welfare regula­ vention. This is a call for leadership. the replacement of the current regime tions and interpretations, keep them current Recently, the Kurds expressed their of the Government of National Salva­ and prepare an index. While the wind will desire for democracy by holding free tion and National Unity. blow against you, the profit for the spirit elections free of violence or fraud. The The resolutions of the United Na­ will be great and you will be involved in the United States must keep its promises best of what we do-not to use the law to tions have been ignored. On April 7, the protect the power of wealth and class but to to these freedom-loving people. That is Security Council unanimously passed use the law to create power. Several years why the adoption of House Concurrent Resolution 752, which demands that all ago I lead a 2-year struggle by a Resolution 299 yesterday was so impor­ parties in Bosnia stop the fighting im­ communitarian religious organization in tant. Representative BILBRAY is to be mediately and that all forms of inter­ Alaska to obtain classification as a tax-ex­ praised for his efforts to remind the ad­ ference from outside of Bosnia cease. empt church from a bitterly resistant IRS. ministration of its promises and to The U.N. resolution also demanded That result will always be a highspot, made send a message of support to an embat­ that the Yugoslav Peoples Army and so not by the fact that they paid a fee, but tled culture. It is the least we can do. because it was an instance in which one elements of the Peoples Army must ei­ Mr. LEVIN addressed the Chair. ther be withdrawn or disbanded and could do good while doing well. I continue to The ACTING PRESIDENT pro tem­ be amazed at the unreasonable positions the disarmed under international monitor­ IRS sometimes takes regarding lower and pore. The Senator from Michigan is ing. middle income taxpayers, who, being unrep­ recognized. Mr. President, that resolution was ig­ resented, and justifiably fearing the agency's nored, and so the United Nations wrath, capitulate. Before I "shuffle off this ENFORCEMENT OF UNITED NA­ passed another resolution on May 30, mortal coil" I intend to create a clinic that Resolution 757, which reaffirmed the will permit such taxpayers to obtain the TIONS SECURITY COUNCIL RESO­ same treatment under that byzantine statue LUTIONS CALLING FOR CES­ prior resolution and instituted sanc­ that represented taxpayers do. SATION OF HOSTILITIES IN THE tions against Serbia and Montenegro. In the very best sense you are chosen peo­ FORMER TERRITORY OF YUGO­ Those sanctions include a ban on all ple. You have a special right and a respon­ SLAVIA trade with the Republics of Serbia and sibility. Never forget that you are in control Montenegro. They also sever inter­ of your own life and that you can live that Mr. LEVIN. Mr. President, I ask unanimous consent that the Senate national air travel, suspend cultural life, both "on and off the court" as they say, and scientific exchanges and exclude in a way in which you can feel proud about proceed to the immediate consider­ who you are and what you do. Always re­ ation of Calendar No. 479, Senator Res­ those two Republics from international member that "time's winged chariot hurries olution 306 regarding Yugoslavia. This athletic competition. near." Choose wisely-you'll be proud you has been cleared on both sides. So the question now arises whether did. The ACTING PRESIDENT pro tem­ the United Nations should act to en­ pore. Without objection, it is so or­ force its resolutions. It has long been a dered. The clerk will report. dream of international organizations RELIEF FOR KURDS IN NORTHERN and the peoples of the world that an IRAQ The legislative clerk read as follows: A resolution (S. Res. 306) relating to the international organization would have Mr. REID. Mr. President, yesterday, enforcement of United Nations Security the ability to act to enforce its resolu­ the Senate agreed to House Concurrent Council resolutions calling for the cessation tions. The United States has a veto on Resolution 299-a concurrent resolu­ of hostilities in the former territory of Yugo­ the Security Council, so the United Na­ tion originally submitted in the House slavia. tions in no event can act without our by Representative JAMES BILBRAY. The The ACTING PRESIDENT pro tem­ concurrence and our approval. resolution asks Turkey to continue be­ pore. Is there objection to the imme­ But we have a rare opportunity that yond June 1992 the agreement that per­ diate consideration of the resolution? we have not had in 50 years to get unit­ mits the stationing of United States There being no objection, the Senate ed international action to enforce U.N. forces in southern Turkey; it states proceeded to consider the resolution, resolutions. The reason it is a new op- 14746 CONGRESSIONAL RECORD-SENATE June 12, 1992 portunity is that the Soviet Union has rational way, is to determine what re­ Whereas the United Nations Security disintegrated, the Soviet Union which sources would be necessary in order to Council may, under Chapter VII of the Unit­ used to say "no, no, no," and "veto, intervene successfully. ed Nations Charter, make plans for the appli­ veto, veto," to all the world's efforts to The U.N. special envoy, Cyrus Vance, cation of armed force to maintain or restore said recently that the United Nations international peace and security, and the bring peace during this 50-year period. United States and other permanent members Until the collapse of the Soviet Union, does not have the resources to enforce of the Security Council may veto resolutions the Security Council could not proceed its resolutions, and that is sadly true of the Security Council; because of that veto. right now. But I do not think we can Whereas officials of the United Nations and But under chapter III of the U.N. let it stop there, nor can the United the United States have not determined what charter, the Security Council can cre­ Nations. The United Nations should de­ resources would be required to enforce aces­ ate a military force for the purpose of termine what resources it would take, sation of hostilities and bring peace to the maintaining international peace and so it will know the costs of acting to former republics of Yugoslavia and, specifi­ stability. Until now, the United Na­ enforce its resolutions, and then weigh cally, to enforce Resolution 757; Whereas knowledge of the resources and tions has only authorized ad hoc coali­ that against the cost of not acting. military forces needed for such a task would tions to defeat international aggres­ Our resolution Senate Resolution 306 enable the United States and other nations sion in Korea and Iraq. But under the was approved yesterday by the Foreign to make an informed judgment about how to charter the United Nations can create Relations Committee and it is now take such action; a form-if all the members of the Secu­ cleared for Senate passage. The United Whereas the process of devising a plan and rity Council approve-which is com­ States cannot be the policeman of the budget for such action could, in itself, signal prised of units of those countries that world. What we can do is prod the greater resolve at the United Nations to take voluntarily send such forces to the international community to move to­ action; and Whereas the United States cannot and United Nations for use to deter aggres­ ward enforcement of its own resolu­ should not be the world's policeman, but is sion, to stop hostilities or to carry out tions. World War I began in Sarajevo, the one nation with the moral authority and humanitarian missions. and the conflagration going on there military strength to provide leadership at The resolution which is before us, again can easily spread to surrounding the United Nations for stronger inter­ which is cosponsored by Senators areas, first to Kosova and Macedonia, national coalition efforts to enforce peace: MITCHELL and DOLE, asks the President and then beyond. Now, therefore, be it to urge the United Nations to prepare a Time is short and this resolution is Resolved, That the Senate calls upon the plan to enforce its resolutions. The an important step in determining what President of the United States to urge the it would take to give teeth to the U.N. United Nations Security Council to direct exact words of this resolve clause are the Secretary General of the United Nations that the Senate "calls upon the Presi­ Security Council resolutions. That is to provide a plan and budget for such inter­ dent of the United States to urge the what they have to have, teeth. Without vention as may be necessary to enforce the U.N. Security Council to direct the teeth they will merely be paper resolu­ Security Council resolutions seeking ces­ Secretary General of the United Na­ tions, and they will continue to be ig­ sation of hostilities in the former republics tions to provide a plan and budget for nored until more and more of Europe, of Yugoslavia. such intervention as may be necessary and then the world, becomes involved. SEc. 2. The Secretary of the Senate shall to enforce the Security Council resolu­ Mr. President, this resolution was transmit this resolution to the President. tions seeking cessation of hostilities in cleared yesterday evening on both Mr. LEVIN. I move to reconsider the the former Republics of Yugoslavia." sides. I do not believe that there is vote. Such a plan is essential before the anyone else who wishes to speak on the Mr. MITCHELL. I move to lay that United Nations could vote to act to en­ resolution at this time. motion on the table. force its resolutions because we do not The PRESIDING OFFICER (Mr. The motion to lay on the table was know what resources would be required KoHL). Is there further debate on the agreed to. without such a plan. Just the adoption resolution? Mr. LEVIN. I thank the Chair. I of that plan would be a strong signal to If there is no objection, the commit­ thank the majority leader and the Re­ the Serbian forces of the serious intent tee amendment to the resolution is publican leader for the effort they put of the United Nations to enforce its agreed to. into this legislation. They and their resolutions. The question is on agreeing to the staffs have been extraordinarily help­ My own belief is that it is going to resolution, as amended. ful. require a credible threat of inter­ The resolution as amended, was Mr. SYMMS addressed the Chair. national force to stop the aggression agreed to. The PRESIDING OFFICER. The Sen­ The preamble was agreed to. ator from Idaho. that we see going on in Yugoslavia. The resolution (S. Res. 306), with its And I am talking about a force for preamble, is as follows: which chapter VII provides, not after a cease-fire is in place but to enforce the S. RES. 306 THE YEAR OF THE WOMAN Whereas continuing hostilities in the Mr. SYMMS. Mr. President, 1992 has resolutions of the United Nations to former republics of Yugoslavia are killing bring peace and cessation of hostilities thousands of noncombatants, displacing hun­ been declared the "Year of the to the area. dreds of thousands of civilians, and causing Woman." You cannot miss that banner It is difficult enough to achieve a massive destruction and starvation; declaration these days, whether it is in cease-fire, but we do not know that a Whereas there is a threat of ever-widening some newspaper headline, a splashy cease-fire is going to be achieved. One conflict in the republics of the former nation feature on a news network, or on some after another cease-fire has been bro­ of Yugoslavia, which conflict could extend to TV talk show. other nations in the region; Women are running for the U.S. Sen­ ken. The United Nations is doing ex­ Whereas resolutions of the United Nations tremely important, useful work in try­ Security Council denouncing the hostilities ate, we are told in one breathless re­ ing to achieve a cease-fire, and prepar­ in the former republics of Yugoslavia, and port after another; that it is a major ing to insert a force if and when that demanding that they cease, have not been breakthrough with history in the mak­ cease-fire is achieved. heeded; ing. But what the United Nations has au­ Whereas the United Nations Security But let us ask ourselves. Who is de­ thority to do under chapter VII is to Council, under Chapter Vll of the Charter of claring 1992 the "Year of the Woman"? enforce militarily its resolutions to the United Nations, has adopted Resolution You guessed it. The Democrat can­ 757, imposing sanctions on the Yugoslav gov­ bring about a cessation of hostilities, ernment, and requesting that the Secretary didates, their media allies, and the lib­ whether or not parties themselves General work to create a security zone to as­ eral women's groups. work out a cease-fire. sure unimpeded delivery of humanitarian Let us ask another question: Where The only way the United Nations can supplies to Sarajevo and other destinations were all these cheerleaders in 1990 determine whether to intervene, in a in Bosnia and Herzegovina; when the Republican Party fielded an June 12, 1992 CONGRESSIONAL RECORD-SENATE 14747 impressive lineup of women candidates, EXHIBIT 1 vailed again. (Let me add that two of these including six well-qualified women run­ [From the Washington Post, May 31, 1992] talented women now serve in the Bush ad­ ministration-Lynn Martin as secretary of ning for the U.S. Senate, two of which Is AMERICA IGNORING GOP WOMEN? labor and Pat Saiki as head of the Small happen to now be members of the (By Bob Dole) Business Administration.) President's administration, one a mem­ As a proud resident of the only state in And when Republicans, long before the ber of the Cabinet, and one the head of America with a woman U.S. senator, a Thomas-Hill hearings, introduced com­ the SBA? woman U.S. representative and a woman prehensive women's-rights legislation-in­ You did not hear anything in 1990 governor, I fully understand that neither cluding the first-ever monetary remedies for about that being the "Year of the gender has a monopoly on any political of­ sexual harassment in the workplace, specific fice. provisions to fight violence against women Woman," and the reason is very sim­ and the first proposal dealing with corporate ple. It is a good question, and do we Unfortunately, when it comes to U.S. Sen­ ate elections, it appears that one party's discrimination against women-the media know the answer? The media decided in women candidates do have a monopoly on gave the plan nothing but the cold shoulder. 1990 that the Republican women were the media's attention, as we are seeing again Regrettably for America's working women, not the right women. They were not this year in the wide national coverage of women's rights and Republicans simply don't politic::tlly correct. They did not suit women candidates in Pennsylvania and Illi­ mix in our nation's newsrooms. nois. Let's face the facts. Democratic U.S. Sen­ the political correctness of the Amer­ ate nominees Carol Moseley Braun and Lynn ican news rooms in general. They were Despite a long record of nominating quali­ fied, dynamic and distinguished women to Yeakel are fast becoming household names. too independent. They did not march in But when was the last time you saw a story lockstep with every issue on the liberal run for the Senate, the Republican Party's female candidates have never enjoyed the on Charlene Haar, another so-called "out­ agenda. unrelenting media and interest-group sider" who happens to be the Republican So instead of all the free publicity U.S. Senate candidate in South Dakota? Not­ cheerleading we hear these days for women withstanding a fine opponent, did the Repub­ the Democratic candidates are reaping Democratic candidates. Apparently, the key these days, the Republican women got lican former mayor of Charlotte, Sue to being taken seriously-to being declared a Myrick, get the same kind of free national nothing but a free cold shoulder. force for "change"-by the media and the so­ hype before North Carolina's Senate primary Mr. President, a man who we all called women's groups is a liberal agenda, that we saw in Pennsylvania on the Demo­ know very well and love and admire not the female gender. cratic side? Now, don't get me wrong. I'm all for more How many stories have you seen pointing here in this body, Senate Republican women in government, and I have no prob­ leader BoB DOLE, has blown the whistle out that since 1980, Republicans have nomi­ lem with the Democrats nominating women nated more women to run for the Senate on -this shameful double standard. In an candidates. Throughout my career in public excellent opinion piece in the Washing­ than have the Democrats? Have you ever service, I've worked with highly talented heard that women have been the Republican ton Post, Senator DOLE is right on the women-in the House, in the Senate and on U.S. Senate nominee in New Jersey three out money when he says: the highest levels of my staff, including my of the four most recent elections? Or that de­ Republican women-whether they are pro­ longtime chief of staff and her fellow staff spite being outspent by nearly $9 million, choice or whatever-never seem to merit the experts on health care, disabilities, nutri­ Christine Whitman came within three points support of the groups that say they are so tion, arms control, budget and tax policy. I of unseating an incumbent Garden State sen­ dedicated to electing more women to office, also happen to be married to someone who ator in 1990? If she had gotten half the media women who could have been already on the knows a lot about being a woman in public attention Lynn Yeakel has, Christine Whit­ job, making a difference on Capitol HilL service. man might very well be sitting in the Senate * * * It seems obvious that most of the self­ Across the nation, Americans are being today. styled women's groups are more interested deluged with television and newspaper sto­ Unfortunately, it seems that the media in agendas than gender." ries proclaiming that 1992 will be a "break­ and a few special interest groups have de­ through" year for women candidates. A re- cided that Republican women are not "po­ The same is true for the media. -cent editorial in a major newspaper raved litically correct." Whether they meet some Mr. President, I ask unanimous con­ about Democratic women candidates, declar­ ·groups' self-proclaimed litmus tests or not, sent that at the end of my remarks, a ing that "the fallout from the [Clarence) qualified Republican women-whether they copy of Senator DOLE's tell-it-like-it-is Thomas hearings has produced viable female are pro-choice or whatever-never seem to Washington Post editorial be included Senate candidates in a half-dozen states. merit the support of the groups that say in the official RECORD; and I hope some That's welcome evidence of progress." Like they are so dedicated to electing more nearly every story on women candidates, the women to office, women who could have been of the cheerleaders finally figure out editorial ignores the fact that well-qualified that 1990 was also the "Year of the already on the job, making a difference on women were running for the Senate long be­ Capitol Hill. Woman"-and it could have been a real fore anyone ever heard of Anita Hill. And In fact, time and time again, the so-called history maker had the media given it why should "welcome progress" be defined liberal women's organizations such as the half the hype that it is showering on by the number of women candidates from the National Women's Political Caucus have the liberal women candidates this year. Democratic Party? done everything possible to defeat talented The PRESIDING OFFICER. Without Where was all the media cheerleading in Republican candidates. There are many fine 1990, a banner year for women candidates, women's organizations in America, some of objection it is so ordered. when a half-dozen Republican women-well­ Mr. SYMMS. Mr. President, just an which supported these candidates, but it qualified women with serious messages­ seems obvious that most of the self-styled aside, in my home State of Idaho we were running hard for the Senate? These top­ women's groups are more interested in agen­ are very proud to have a woman can­ flight candidates included Sen. Nancy Kasse­ das than gender. didate running for the First Congres­ baum of Kansas; U.S. Reps. Lynn Martin of So the next time you hear criticism of the sional District, Rachel Gilbert. She Illinois, Pat Saiki of Hawaii and Claudine "98 percent male" Senate, or statements does not fit the mold of most of the lib­ Schneider of Rhode Island; a New Jersey that we need "more women" in the Senate, eral agenda of the women's groups in state official, Christine Whitman; and a ask yourself whose fault that really is. The the country, but she fits the mold of prosecutor from Delaware, Jane Brady-not female candidates have been there. Regret­ exactly an unseasoned lot of public servants. tably, the votes, the attention and the politi­ the loggers, the miners, the farmers, How many stories did you see in 1990 point­ cal will have not. the mainstream small businessmen, ing out that these six outstanding women and she is doing very well as a can­ were running for the Senate as Republicans, didate who has just gotten off the while the Democrats were fielding only two CONCLUSION OF MORNING ground. women candidates? Instead of rave editorials BUSINESS So I hope 1992 will see a broad range and "breakthrough" stories, the media The PRESIDING OFFICER. Morning of various different women share in turned on its censorship machine, keeping America in the dark about the historic field business is closed. some of this limelight that we thus far of women candidates taking on the status have heard about by the cheerleaders quo. Kassebaum was reelected, but when all WORKPLACE FAIRNESS ACT in the media. five women challengers were defeated by Mr. President, I thank the Chair for their male opponents there was no editorial The PR:mSIDING OFFICER. Under the time. I yield the floor. out-cry that the old boy network had pre- the previous order, the Senate will re- 14748 CONGRESSIONAL RECORD-SENATE June 12, 1992 sume consideration of S. 55, which the calendar days before engaging in any such guage. The resulting agreement shall be clerk will report. strike, serves a written notice upon the em­ deemed to have a duration of two years un­ The assistant legislative clerk read ployer stating the labor organization's will­ less the fact finding recommendations are as follows: ingness to submit all unresolved issues in for a lesser duration. the dispute to a fact-finding board as set "(D) If, within seven calendar days after a A bill (S. 55) to amend the National Labor forth in subsection (B). A copy of the union's fact-finding board submits its report and rec­ Relations Act and the Railway Labor Act to notice shall be mailed to the Federal Medi­ ommendation, the labor organization serves prevent discrimination based on participa- ation and Conciliation Service. written notice to the Federal Mediation and tion in labor disputes. · "(B) If the labor organization serves notice Conciliation Service of the labor organiza­ The Senate resumed consideration of as provided in subsection (A), the employer tion acceptance of the recommendations of · the bill. shall respond within seven calendar days and the fact-finding board and the employer does shall mail a copy of its response to the Fed­ not serve written notice of a like acceptance, eral Mediation and Conciliation Service. If the provisions of subsections (i) and (ii) shall MODIFICATION TO COMMITTEE the employer does not accept the union's apply from the earlier of the dates on which SUBSTITUTE TO S. 55 offer to submit the unresolved issues to fact­ the fact-finding report was issued or was due finding, the provisions of sections (i) and (ii) to be issued under subsection (A). The provi­ Mr. MITCHELL. Mr. President, on shall apply for the duration of the labor dis­ sions of subsection (i) and (ii) shall not apply behalf of the Committee on Labor and pute. If the employer does accept that offer, after a fact-finding report issues if the labor Human Resources, and at the request the dispute shall be submitted to a fact-find­ organization fails to serve written notice of of the Chairman, I send to the desk a ing board of the kind provided for in Section an acceptance of the fact-finding rec­ modification of the committee sub­ 1207(b) of Title 39 of the United States Code ommendations during the seven-day period, stitute. but constituted of one member representing provided that if neither the labor organiza­ I advise the Chair and my colleagues the labor organization, one member rep­ tion nor the employer serves such written that the majority of the members of resenting the employer, and one neutral notice during the seven-day period and the member experienced in fact-finding and in­ labor organization thereafter serves such the Committee on Labor and Human terest arbitration all selected within ten cal­ written notice upon the employer, the provi­ Resources have authorized me to endar days in the manner provided for in sions of subsections (i) and (ii) shall apply present and make this modification. Section 1207(c)(1) of that title. The fact-find­ with respect to any actions taken by the em­ The PRESIDING OFFICER. The ing board shall conduct a hearing of the kind ployer on and after the date the employer re­ amendment is so modified. required by Section 1207(c)(2) of Title 39 and ceives the labor organization's offer.". The modification to committee sub­ shall within 45 calendar days after its ap­ SEC. 2. PREVENTION OF DISCRIMINATION DUR­ stitute to S. 55 is as follows: pointment issue a report of its findings and ING AND AT THE CONCLUSION OF of its recommendations for settling the unre­ RAILWAY LABOR DISPUTES. MODIFICATION TO COMMITTEE SUBSTITUTE TO S. solved issues so as to achieve a prompt, Paragraph Fourth of section 2 of the Rail­ 55 peaceful and just settlement of the dispute. way Labor Act (45 U.S.C. 152) is amended­ (Purpose: To amend the National Labor Re­ By agreeing to submit all unresolved issues (1) by inserting "(a)" "Fourth."; and lations Act to protect employees against to fact-finding as provided in this section, (2) by adding at the end thereof the follow­ discrimination based on participation in the parties shall be deemed to have made an ing: labor disputes) agreement, enforceable under Section 185 of "(b) No carrier, or officer or agent of the In lieu of the matter proposed to be in­ Title 29, United States Code that: carrier, shall promise, threaten or take other serted, insert the following: "(i) the parties' preexisting collective bar­ action- SECTION 1. PREVENTION OF DISCRIMINATION gaining agreement, if any, or the existing "(1) to hire a permanent replacement for DURING AND AT THE CONCLUSION wages, hours, and other terms and conditions an employee who- OF LABOR DISPUTES. of employment in effect at the time of the "(A) at the commencement of a dispute Section 8(a) of the National Labor Rela­ union's offer to submit the dispute to fact­ was an employee of the carrier in a craft or tions Act (29 U.S. C. 158(a)) is amended- finding, shall be extended from the date of class in which a :abor organization was the (1) by striking the period at the end of the union's offer to utilize those procedures designated or authorized representative or, paragraph (5) and inserting"; or"; and until the earlier of 45 calendar days after the on the basis of written authorizations by a (2) by adding at the end thereof the follow­ board is appointed or until the fact-finding majority of the craft or class, was seeking to ing new paragraph; board issues its report, .provided that if the be so designated or authorized; and "(6) to promise, to threaten, or take other fact-finding report issues within 45 calendar "(B) in connection with that dispute has action- days of the board's appointment, the collec­ exercised the right to join, to organize, to as­ "(i) to hire a permanent replacement for tive bargaining agreement or preexisting sist in organizing, or to bargain collectively an employee who- employment conditions shall continue in ef­ through that labor organization; or "(A) at the commencement of a labor dis­ fect for an additional seven calendar days; "(2) to withhold or deny any other employ­ pute was an employee of the employer in a "(ii) during this time period, there shall be ment right or privilege to an employee, who bargaining unit in which a labor organiza­ no strike or lockout over any issue submit­ meets the criteria of subparagraphs (A) and tion was the certified or recognized exclusive ted to the fact-finding board or that is other­ (B) of paragraph (1) and who is working for representative or, on the basis of written au­ wise prohibited by the parties' preexisting or has unconditionally offered to return to thorizations by a majority of the unit em­ collective bargaining agreement. work for the carrier, out of a preference for ployees, was seeking to be so certified or rec­ "(C) Within seven calendar days after a any other individual that is based on the fact ognized; and fact-finding board issues its report, the em­ that the .individual is employed, was em­ "(B) in connection with that dispute has ployer and the labor organization shall serve ployed, or indicated a willingness to be em­ engaged in concerted activities for the pur­ written notice on the Federal Mediation and ployed during the dispute. pose of collective bargaining or other mutual Conciliation Service stating whether the "(3) The provision of subsection (1) and (2) aid or protection through that labor organi­ party accepts the fact-finding recommenda­ shall not apply: zation; or tions. At the conclusion of the seven-day pe­ "(A) to a strike which commences after an "(ii) to withhold or deny any other em­ riod, the Federal Mediation and Conciliation Emergency Board appointed pursuant to sec­ ployment right or privilege to an employee, Service shall notify the parties as to whether tion 10 of this Act (45 U.S.C. section 160) is­ who meets the criteria of subparagraph (A) the labor organization and/or the employer sues a report as provided for in section 10 of and (B) of clause (i) and who is working for has accepted the board's recommendations. this Act, unless, in written notices filed with or has unconditionally offered to return to If both the labor organization and the em­ the National Mediation Board within 20 days work for the employer, out of a preference ployer have so accepted, the fact-finding rec­ after the Emergency Board issues its report, for any other individual that is based on the ommendations as to all unresolved issues, the labor organization accepts and the car­ fact that the individual is performing, has and the parties' agreement on all issues that rier does not accept the Emergency Board's performed or has indicated a willingness to were resolved by agreement, shall be deemed recommendations; provided that if both the perform bargaining unit work for the em­ to be a collective bargaining agreement be­ labor organization and the carrier fail to ac­ ployer during the labor dispute. tween the employer and the labor organiza­ cept the Emergency Board's recommenda­ "(iii) (A) The provisions of subsections (i) tion enforceable pursuant to section 185 of tions within such 20 day period, and the and (ii) shall not apply to a strike by a labor this title. Should the parties be unable to labor organization thereafter files a written organization covered by those subsections reach agreement on reducing that contract notice of acceptance with the National Medi­ over the striking employees' wages, hours or to writing, either party may request the ation Board and the carrier, the provisions of other terms and conditions of employment, fact-finding board to supplement its initial subsections (1) and (2) shall apply with re­ unless the labor organization, at least seven report with the necessary contractual lan- spect to any actions taken by the carrier on June 12, 1992 CONGRESSIONAL RECORD-SENATE 14749 or after the date the carrier receives the tration decision and strikes then man­ 2:15p.m. on Monday, June 15, and may labor organization's notice: Provided further, agement has the right to hire striker file second-degree amendments until That if both the labor organization and the replacement workers on a permanent 12:30 p.m. on Tuesday, June 16; I fur­ carrier accept the recommendations of the basis. In the event management refuses ther ask unanimous consent that the Emergency Board, those recommendations as to all unresolved issues shall be deemed to to accept the arbitration decision then Senate stand in recess from 12:30 p.m. be an agreement between the carrier and the labor has the right to strike and man­ until 2:15p.m. on Tuesday, June 16, for labor organization; Should the parties be un­ agement cannot hire striker replace­ the two party luncheon conferences. able to agree on reducing the agreement to ment workers on a permanent basis. The PRESIDING OFFICER. Without writing, either party may request the Emer­ The compromise sought by the Pack­ objection, it is so ordered. gency Board to supplement its initial report wood amendment in no way affects the with the necessary contractual language. right of management to hire striker re­ "(B) to a strike which commences after an placements on a temporary basis. SCHEDULE Emergency Board appointed pursuant to sec­ tion 9A(e) of this Act (45 U.S.C. section 9a(e)) I believe this compromise amend­ Mr. MITCHELL. Mr. President, ac­ selects the final offer submitted by the car­ ment is not only a good solution to the cordingly, there will be no rollcall rier.". striker replacement worker dispute but votes today and there will be no roll­ The PRESIDING OFFICER. The is a substantial step forward toward re­ call votes on Monday. The next vote pending question is on the committee ducing strikes in the future. America's will occur at 2:15 p.m. on Tuesday on substitute, as modified. best interest is served when we have the motion to invoke cloture on the fewer strikes. committee substitute amendment to S. Recently, history reflects there is a 55, which I have just filed. CLOTURE MOTION growing trend to hire permanent work­ The measure remains before the Sen­ ers to take the place of previous per­ ate and is open to debate today for any Mr. MITCHELL. Mr. President, I manent labor that was employed before send a cloture motion to the desk. Senator who wishes to address that a strike. This trend or even the threat subject. The PRESIDING OFFICER. The clo­ to replace former permanent workers ture motion having been presented We will be in session Monday after­ can have a harmful effect on collective­ noon during which time there may be under rule XXII, the Chair directs the bargaining. The vast majority of the clerk to read the motion. further debate on the measure if any American people believe in the concept Senators choose to do so at that time. The assistant legislative clerk read of collective bargaining and I feel that as follows: it is in the interest of the American CLOTURE MOTION public that the collective-bargaining ORDER OF PROCEDURE We, the undersigned Senators, in accord­ process remain strong. Mr. MITCHELL. Mr. President, I am ance with the provisions of rule XXII of the I am convinced that the vast major­ Standing Rules of the Senate, hereby move advised by the managers and by the ity of the American people believe Senator from Kansas here in behalf of to bring to a close the debate on the commit­ strikes should not be conducted except tee substitute for S. 55, a bill to amend the the minority on this matter that there National Labor Relations Act and the Rail­ as a last-ditch effort to reach a collec­ are no Senators known at this time way Labor Act to prevent discrimination tive-bargaining agreement. The Pack­ who wish to offer amendments to S. 55, based on participation in labor disputes: wood amendment adds further safe­ the committee substitute to S. 55 George Mitchell, Howard M. Metzen­ guard procedures against unwarranted which is now pending, and that there baum, Paul Wellstone, Claiborne Pell, and frivolous strikes. However, the are no Senators who are here wishing Paul Simon, Alan Cranston, Bill Brad­ right to strike to obtain reasonable to debate that bill at this time. ley, Harris Wofford, Daniel P. Moy­ wages and good working conditions is I want to make certain that there nihan, Tom Daschle, Daniel K. Inouye, essential to achieving a collective-bar­ Barbara A. Mikulski, John F. Kerry, Al was ample opportunity for debate on gaining agreement under certain cir­ that bill, and for Senators to offer Gore, Carl Levin, Max Baucus. cumstances. If the right to strike is Mr. HEFLIN. Mr. President, the fili­ amendments who wish to do so. But I nullified by the right on the part of am advised on both sides that there are buster continues against the striker re­ management to fire on a permanent placement bill. I support cloture with no Senators who either wish to amend basis then the present balance in col­ or debate that bill. the hope that this proposed legislation lective bargaining between labor and be considered and enacted in a com­ management is tilted substantially in promise approach. It is my hope that favor of management. The Packwood MORNING BUSINESS the special interests of management amendment is a good compromise and and labor be subordinated to what is produces a level playing field in the Mr. MITCHELL. Accordingly, I now best for our Nation. collective-bargaining game as well as ask unanimous consent that there now Senator PACKWOOD has introduced an creating a substantial deterrent be a period for morning business with amendment which appears to be a good against unwarranted and frivolous Senators permitted to speak therein. compromise approach as well as an ef­ strikes. The PRESIDING OFFICER. Without fort to substantially reduce strikes in I am convinced that a compromise is objection, it is so ordered. the future. If we can get down to busi­ in the best interest of the American Several Senators addressed the ness about producing a striker replace­ public and, therefore, support cloture Chair. ment bill which is in the best interest so that the Packwood compromise con­ The PRESIDING OFFICER. The of the American public, I think adjust­ cept can be carefully considered and Chair recognizes the Senator from Mas­ ments and refinements can be made to perhaps refined. sachusetts. the Packwood amendment which could settle this issue in a manner that brings fairness to both labor and man­ ORDERS FOR MONDAY, JUNE 15, PRESIDENT BUSH AND THE agement and doesn't give an advantage 1992, AND TUESDAY, JUNE 16, 1992 SUMMIT IN RIO to one over the other. Mr. MITCHELL. Mr. President, I ask Mr. KERRY. Mr. President, earlier in The Packwood amendment provides unanimous consent that the vote on the week I returned with a number of that before a strike takes place that the motion to invoke cloture on the my colleagues from Rio de Janeiro, the Federal Mediation and Conciliation committee substitute amendment to S. where we attended as members of the Service can be brought in to arbitrate 55 occur at 2:15p.m., on Tuesday, June Senate delegation, the U.N. Conference a labor-management dispute on eco­ 16; that the live quorum pursuant to on the Environment and Development, nomic issues. This amendment provides rule XXII be waived; and that Senators which is better known as the Earth that if labor refuses to accept the arbi- may file first-degree amendments until summit. 14750 CONGRESSIONAL RECORD-SENATE June 12, 1992 As the Chair well knows, the U.S. I think it is vital for us to begin to mechanism, and he has raised legiti­ Senate is responsible for advising and think hard about the direction this mate issues about intellectual prop­ consenting to any treaties signed by a planet is taking in terms of population erty. It is important for us in this President, and it has been a practice in growth. You cannot talk about sustain­ country to understand precisely how recent years for Members of the Senate able development. You cannot talk those rights will play out with respect in arms control and other areas-and a about democracy emerging in some of to development in terms of future custom for the Senate, certainly in re­ these countries, where you have 2 or 3 drugs and future products which may cent times and particularly with re­ million people in one slum, for exam­ come out of the rain forests. We should spect to arms control-to have Senate ple, in Rio de Janeiro, piled on top of be clear about it, and the U.S. Senate delegations observing the ongoing each other, incapable of pursuing the should not be forced to sign a treaty process as the treaty emerges. fundamentals of life without taking that is not clear about those matters. I think it has been particularly help­ the population explosion into account. What I regret is that the possible le­ ful in allowing the Senate to have a And you can't talk about U.S. leader­ gitimacy of the President's position on much better sense of what the product ship on the environment without un­ several issues was lost by virtue of the at the end may be, but also to feed into derstanding that all of those people are fact that everybody within the commu­ the process. During the course of the looking to the United States which is 5 nity knew and understood that we had time that we were in Rio we met with or 6 percent of the world's population, chosen basically not to play. There EPA Administrator Reilly on a number but consuming 20 to 25 percent of the were a series of meetings called the of occasions. We had occasion to meet world's energy, and looking at the Prepcom, and those took place in New with Maurice Strong, who is the Sec­ total industrial world which, alto­ York, Nairobi, Washington, all of retary General of the conference for gether, consumes some 75 percent of which led up to the meeting in Rio. Be­ the United Nations; with a number of the world energy, and wondering cause we were so recalcitrant in our ambassadors from important countries whether they will ever have the oppor­ participation in those meetings, most that are dealing with similar issues on tunity to develop themselves without of the world community had divined the environment as we are. that we did not want this to happen, I want to report back to my col­ totally exhausting our planet's ability to sustain life. that we were not truly participants. As leagues that it was both a fascinating There was, despite the very fascinat­ a consequence of that, we created our and a very frustrating experience. It ing side of this conference, a very frus­ own box in which we now find ourselves was fascinating because of the extraor­ trating side, and that was really the in Rio. dinary number and the variety and the role that we played as a country, or did It is unfortunate. It is also unneces­ profound importance of the subjects not play, as the case may be, and I re­ sary. We could have helped the Rio under discussion, and because of 'the gret that. It was a source of frustration summit to accomplish great things. In­ number of nations and cultures and stead, the summit will accomplish perspectives that were represented in as I met with thoughtful people from good things, but it will do so with too those discussions; and because of the other countries-the Ambassador from little help from the United States and progress that I do believe will result India; the Ambassador from our neigh­ with far too little credit going to the from just the fact that the summit in bor, Mexico; the Ambassador of Japan; United States. Rio is taking place. I think sometimes and a host of other people who are part I think the fact that the administra­ we get so close to events that we find of the global forum-all of whom tion chose to play it out this way is re­ it hard to really focus on the historical looked at us quizzically as representa­ grettable, both diplomatically and sub­ importance of those events. tives of our country and said, "What stantively, and I think unfortunately, But I believe that the very fact that are you folks doing? Why are you a probably, they will reap some of the 120 or so heads of state are getting to­ problem here? Why is it that the coun­ downside of that politically. But I cer­ gether in one place at one time to dis­ try that we admire so, which has shown tainly hope that during the course of cuss the future health and stability of such leadership, is perceived here in today, in about an hour or 2 hours, the the global environment is a monu­ Rio as being a stumbling block?" President will address the plenary, and mental achievement~ and it ought to I felt a sense of sorrow that what I hope that in the course of this week­ give hope to even the most cynical and should have been really a moment of end, the President will undertake to the most pessimistic that these serious triumph and leadership and respect for turn things around in a way that will issues are not going to be ignored. the United States has turned into reassure the world community about I personally regret that, until the something of an international fiasco. It America's very real commitment to last couple of days, the subject of popu­ is my personal belief that with strong international cooperation on environ­ lation control and world growth in pop­ leadership, we could have trumpeted mental matters. ulation was not at the center of this the environmental record of the United But I say, Mr. President, that words conference, as I think it really ought States, which although not entirely alone in a speech today will not do to have been. There are a lot of reasons what I would like it to be, is still, since that. Policies and attitudes must for that. One of them, obviously, is the the Stockholm conference of 1972, one change. Unfortunately, some of the influence of certain religions, certain of the best environmental records in President's advisers appeared to have churches, on the willingness of people the world. That is a fact. But you persuaded him to adopt a somewhat in political life to deal with that issue would not know it on the basis of the ideological view of the Rio summit. in the way that we ought to. way we have behaved in Rio. Under that view, there is essentially no I personally feel, as a Catholic, that With stronger leadership we could real reason to try to reach agreements I wish we could separate that which is have become deeply and aggressively with other countries, because it is religious belief, personal belief, from engaged in negotiations at a high level deemed under that view that those in­ the political dialog, if you will, or at and succeeded in having our legitimate terests are inherently different and least that we would not have a veto im­ concerns about funding and intellec­ hostile to our own. Under that view, posed by one institution or a small tual property rights respected, we less developed nations are thought to group of institutions over the body could have helped forge a strategy for be interested only in making demands politic of the world. It seems to me building a consensus around those is­ on the United States; Europe and that it is possible for us to share beliefs sues, step-by-step, as well as iri the Japan are interested only in competi­ and to pursue those beliefs, while at areas of global climate change, bio­ tive advantage; and every environ­ the same time allowing certain kinds diversity, forest management, and mental commitment requires an eco­ of political issues to be able to play ocean pollution. Instead, we were nomic sacrifice that we cannot afford. themselves out in a way that is not di­ viewed as really unwilling to play. That is the view. And that is the view rectly confrontational or inimicable to I think President Bush has raised le­ that, in a sense, has been held out to those deeply held religious beliefs. gitimate issues about the funding most of us in this country. June 12, 1992 CONGRESSIONAL RECORD-SENATE 14751 Clearly, there are those in the admin­ because MIT! and the Japanese Gov­ We are one of the few nations in the istration-and I think it is important ernment have made a conscious deci­ world that subsidizes energy use the to note this-at EPA, at CEQ, and in sion that these are the jobs of the fu­ way we do, but we continue to do it. 'the Department of State, who do not ture. What became very clear to me in Rio share that view. They may not support You do not see the Japanese or the was that most of these other countries every single proposal put forward by Germans or the European Economic have advanced their thinking and their other countries, but they are diligent, Community whining an_d bellyaching courage to a point where they are will­ capable, skilled negotiators, thought­ about environmental agreements. ing to embrace new lifestyles. Now ful people, who are ready to seek com­ Eight years ago I traveled to Germany when we talk about new lifestyles in promise and who I think want to make when I was Lieutenant Governor of this country, we tend to let Americans every effort to make the summit and Massachusetts and responsible for the think that means we are going to di­ other international negotiations suc­ National Governors Association policy minish their current standard of living. cessful. on acid rain. I found a country where A new lifestyle does not have to dimin­ Unfortunately, this sensible middle­ the equivalent of our Associated Indus­ ish your standard of living at all. ground position has not prevailed, and tries of Massachusetts had voluntarily If you decide that you are going to the result has been a needless public adopted a policy in order to save their switch from incandescent light bulbs to relations setback for the United forests, that they were going to retro­ fluorescent light bulbs that have a 30- States. The responsibility for the ad­ fit every single business in the nation year span of life, you have not changed ministration's failure, as it has been with scrubbers. They were going to do your capacity to read or to light your deemed to be thus far in Rio, I think it without a tax break, without loans house. You have not changed your ultimately, obviously, lies with the and grants, solely by going to the pri­ quality of life. If anything, you have President, because he chooses who to vate credit market. And they did it. improved your quality of life because listen to. But I think if you look at the I asked the head of this industry ef­ you will have done so in a way that record, it is clear that we had a false fort, who was indeed the CEO of a big leaves a better environmental legacy distinction made between environ­ company, I said to him, "Why are you for your children and grandchildren. mental progress and jobs. I want to doing this? How can you afford to do We are not posing those kinds of take a moment to talk about that. this?" And his answer to me 8 years choices to Americans, Mr. President. Again and again in the course of the ago was, "We can't afford not to do it." We are scared to. And that came home last few weeks the President has said, We continued for years after that to to me in spades in the course of the dis­ "I am not going to sign something that hear people in this country arguing cussions that we had in Rio, that we costs us jobs. I am not going to engage about the science on which these peo­ need to begin to talk sense to the in a process that loses jobs for Amer­ ple had already made a conscious deci­ American people about how we are ican citizens." Well, I applaud the sion to make this kind of change. Now making choices in the marketplace and President for being concerned about again and again in Rio, I heard country how we are leading our lives. jobs for American citizens. after country talk to us about their ac­ In my own State of Massachusetts, But to equate the loss of jobs with knowledgment that we have to change company after company is aware of the embracing of environmental poli­ the way we are doing these kinds of this potential for new products and for cies is not only unimaginative, it is things. You see these countries out new technologies that will make effi­ flatout, 100-percent wrong. And it is there working to enhance their reputa­ cient use of our natural resources and wrong in a way that is potentially very tion on the environment, to increase that will clean up past environmental damaging to the United States. their share of the market for environ­ mistakes or that safeguard the health I say this, Mr. President, because en­ mentally related goods, to create the and safety of our workers and our com­ vironmentally friendly and sustainable kind of jobs that are going to sustain munities. I just ask people to think technologies include some of the most us in the long run, the kind of high about that. exciting and growth-oriented indus­ value-added job that raises people's I mean here we are in a country with tries in the world today. It is a $200-bil­ standard of living and is actually the all kinds of work safety problems, a lion-a-year business and it is headed kind of jobs which we need more of in country that has to clean up countless for $300 billion by the end of this dec­ the United States. messes that we have made from nu­ ade. I was truly shocked to see the level clear technology, from hazardous Let me say that again: Within the of commitment from these other coun­ wastes. Would it not be easier to de­ next 8 years, this $200-billion-a-year tries compared to our own; 700 Japa­ velop technologies that do not make business will become a $300-billion-a­ nese, 30 or so from our companies. that mess in the first place? year business, and it is an area where Do you know how many people are in For years in this country we defined the United States began with a 40-per­ the traveling party of the President of a threat to ourselves in the context of cent share and an enormous capacity the United States for a 1-day visit? I the cold war and the Soviet Union. It to expand. But the President, for some understand there are about 600--600 Se­ was legitimate. We decided that in reason, does not seem willing to em­ cret Service, members of the delega­ order to safeguard our future, we had brace this. tion, hangers-on, all kinds of people to put many billions of dollars into And I can assure you that when I was cramming into all kinds of hotels at weapons to defend ourselves. And so we down in Rio, it just leapt out at me, the last minute compared to this pro­ designed a lot of weapons. Some of the degree to which the Japanese and longed commitment from Japan. I just them just sat in the ground, not a big the Germans and all of the Europeans think that is an extraordinary state­ spinoff in terms of the economy. That have accepted this. ment about our level of commitment was because we defined the threat. Mr. President, there were 700 accred­ and understanding of what is happen­ We took the money, put it out there ited Japanese business representatives ing in the world. and said, we need somebody to design a at this conference. There were some 30 And there is not one issue on which it missile. So somebody designed a mis­ or so from the United States, half of is not happening, whether it is the sile and a company named Raytheon in whom, incidentally, I think came from question of deforestation, Massachusetts, or EE&G or Boeing or my State, Massachusetts. They were desertification in Africa, the whole McDonnell Douglas, or whoever put a there on their own, trying to hold what issue of ocean pollution, the question lot of people to work and made a lot of is now 40 percent of the share of the of overfishing, which we are currently money. world's market held by the United engaged in, the extraordinary depleting Because the Federal Government de­ States. There were 700 Japanese enti­ of resources around the world as a con­ fined the threat .and held out this pot ties down there saying "We are going sequence of our current energy poli­ of gold, and the technology-the entre­ to be the world's leader in this effort," cies. preneurial spirit of America-followed 14752 CONGRESSIONAL RECORD-SENATE June 12, 1992 the pot of gold. It will not work any understand, and that is that the Presi­ teresting; much I would agree with. I differently with respect to the environ­ dent is not offering us a choice between would only say, however, I think one ment. economic and environmental well­ comment he made is so very true. If we will define the threat, which is being, but between doing what is nec­ There was an opportunity for us at this air that we cannot breathe adequately essary now or waiting to do it at great­ Rio summit to tell the important story that gives us lung cancer, if we will de­ er cost and at greater hardship later. It of what we have done in this country fine the threat as food that is not nu­ is a choice between embracing the fu­ on environment. Our clean air and tritional, if we will define the threat as ture or clinging to the past; a choice clear water legislation and our endan­ the destruction of forests because we between responsibility and retreat. gered species legislation has really need wood to build houses, or what­ Whatever the President may or may been, I think, pioneering-in the legis­ ever, or they remove it for cattle, be­ not do during his visit to Brazil, the lative arena, anyway-regarding envi­ cause we are going to eat more meat­ message from the Rio summit is real, ronmental questions. surely we can begin to think of ways and it will not go away. The world is I am not sure that, at the Rio sum­ that will attract the entrepreneurial changing, and old habits have to mit, there would have even been an op­ spirit to the creation of a whole new change with it. portunity to be heard, necessarily, in a set of products that are environ­ The natural limits of our environ­ thoughtful manner. It seems to me mentally friendly and which meet that ment must inevitably affect the way from what I have read-and it was in­ threat. we live in America next year and in the teresting to hear, because obviously And in doing so, Mr. President, we next century. And those changes are Senator KERRY was there-that it was can put millions of people to work, cre­ going to alter our lifestyles, although, not designed, necessarily, unfortu­ ate the next generation of green mil­ as I said earlier, they need not dimin­ nately, to be one in which there could lionaires and billionaires, and change ish at all our standard of living. have been a thoughtful opportunity to our lifestyles, if you will. But the days of endless, mindless explore in a more constructive manner Those are the kinds of choices that a consumption have to be challenged. some of the desires and needs that I President of the United States ought to Our reliance on fossil-based fuels has to think obviously he spoke to in a very be talking about in the context of Rio; be challenged. The ticking time bomb eloquent way. about how we are going to be the lead­ of population growth has to be con­ But I just suggest that President er of the world in what is our greatest fronted. New technologies and whole Bush has cared about and has wanted asset, our human resources, by putting new industries have to arise out of the to see a strong environmental record. them to work and defining these new need for conservation, recycling, clean There are ways, certainly, we can work technologies. production, and the use of renewable on it to improve that. And part of it is It amazes me to hear the President fuels. to lay out a road map that shows how define his opposition to combating I do not believe the American people it can be done in a constructive and global climate change on economic fear those changes, I think they wel­ positive way; one that can continue to grounds, when the administration's come them. And I think they under­ serve as a guideline for other nations own studies indicate that we can main­ stand far better than the President as they struggle to find their oppor­ tain the emissions of C02 at 1990 levels what it will mean for our children and tunity in the environmental field. And without any net loss of jobs; and, ac­ our grandchildren if we continue it must be done in those countries. cording to an EPA Commission study, blithely along, as we have in the past. But I found it very thoughtful. I only the Clean Air Act amendments of 1990, I think they understand far better than would suggest that sometimes it is the which will help reduce C02 and other the President's more extreme advisers setting and environment itself of a con­ greenhouse gas emissions, could gen­ what the real message, the deeper mes­ ference of that magnitude that does erate $50 billion in new business, in sage of Rio is all about. not lend itself to thoughtful discussion. new revenues, in this country. For long after the headlines about (The remarks of Mrs. KASSEBAUM per­ The 1990 Clean Air Act regulations, petty maneuvering and leaked memos taining to the introduction of S. 2845 which they are still seeking to get out have become part of history, we are are located in today's RECORD under from under, will create $50 billion of going to be looking back to Rio as a "Statements on Introduced Bills and new revenues in this country. source of inspiration, and a basis for Joint Resolutions.") So we should have learned long ago understanding that our lives are be­ The PRESIDING OFFICER. The Re­ that delaying necessary environmental coming less and less insulated by na­ publican leader is recognized. protection measures is disastrous eco­ tional borders; that we have more in nomic policy. It is disastrous not just common with the people of the world, because it slows the development of of other countries, than we may have PUBLIC TV'S GAY AND LESBIAN new environmental technologies but thought. And we better care deeply VARIETY SHOW: MORE QUALITY because it adds immeasurably, ulti­ about even the poorest and most des­ PROGRAMMING? mately, to the cost and difficulty of perate among them, because on their Mr. DOLE. Mr. President, 1 week ago choices that simply cannot be avoided. fate ultimately hangs our own. the Senate voted to give the Corpora­ How much wiser it would have been if We are joined together in a set of en­ tion for Public Broadcasting an ex­ we had acted before, rather than after, vironmental choices that link us inex­ tremely generous 50-percent increase acid rain had poisoned lakes and dam­ tricably. We can either decide to face for the years 1994 through 1996. aged forests throughout the Northeast. those choices responsibly now, or we The bottom line for the American How much cheaper it would have been can have them forced upon us, or on taxpayers comes to $1.1 billion. That is if we had taken the time to design nu­ the next generation. I hope, indeed, a lot of money-even for public TV and clear weapons plants that did not leak that will not be our legacy. radio. radioactive and other toxic materials Mr. President, I yield the floor. I opposed that 50-percent increase on into the surrounding land and water. The PRESIDING OFFICER. The the ·grounds that it was excessive, that How much easier it would have been, 10 Chair recognizes the Senator from Kan­ the public broadcasting system was no or 20 years ago, to carry out timber sas. longer accountable to the taxpayers, policies in the Northwest that would and that it has refused to broaden its have provided both for jobs and for programming horizons beyond far out habitat critical to the endangered spe­ THE RIO SUMMIT liberal themes. cies. Mrs. KASSEBAUM. Mr. President, But "Oh no! no! no!" the big public A great deal of the world community first I would like to say I found the broadcasting apologists cried, "We has come to understand what I believe comments of the Senator from Massa­ need the taxpayers' money to maintain the majority of the American people chusetts very thoughtful and very in- 'quality programming,' the kind of June 12, 1992 CONGRESSIONAL RECORD-SENATE 14753 quality you just cannot find anywhere sponsored and told the people back least nine Members or more who are else." home, "We are for a balanced budget willing to support a balanced budget This week, after the $1.1 billion au­ amendment," to change their posi­ amendment if we can pass it in the thorization passed the Senate with all tions. Had these 12 Members of Con­ Senate. That is a big "if'' because the kinds of fanfare, we finally found out gress, who are on some kind of honor leadership on the other side is opposed what some of that money is paying for. roll, I guess, stuck with their guns, we to it. But let us bring it up. Let all It is to help fund new shows, new would have had a balanced budget Members, Republicans, Democrats shows such as "In the Life," a 1-hour amendment coming to the Senate. alike, make their speeches, cast their "variety show" for gays and lesbians. I think it is regrettable that the votes and see how it comes out. It According to USA Today, it is like an Democratic leadership on both sides, seems to me this is no time to stop, no "Ed Sullivan Show" for gays. And it is the Senate and the House, have been time to call it off just because the coming to your living rooms on June waging an all-out assault on a bill that House fell a few votes short the first 22. the overwhelming majority of Ameri­ time around. It is reportedly scheduled for regular cans want to see made a part of the So it is my hope that we can have programming, too, up to 12 shows per Constitution, about 77 percent, the last this scheduled, if not early this month, month beginning in the fall. time I checked. Then we had this un­ early next month on the Senate side. Mr. President, is this the kind of pro­ holy alliance of organized labor and the And we can demonstrate to the Amer­ gramming taxpayers and public TV Chamber of Commerce. The Chamber of ican people that we believe in fiscal re­ contributors have in mind? I do not Commerce at the national level is to­ sponsibility, that we cannot predict think so. tally ineffective, in any event. Labor is precisely what will happen if the bal­ Is this what they had in mind when fairly effective. So they went out to de­ anced budget amendment is passed but they sent in their moneys? Is this what feat the amendment. I do not think the we believe, at least two-thirds of us be­ the taxpayers had in mind when they Chamber of Commerce got any votes, lieve, that it would bring about the fis­ gave their hard-earned dollars to PBS? but maybe organized labor did. cal discipline we need, all of us need. Is this the entertainment Americans So we had these special-interest peo­ So I hope that the leadership will take cannot live without? ple across the country calling us on the a look at possibly scheduling it at the Is this the kind of "programming im­ Senate side and the House side, jam­ very earliest time. perative" that all those public broad­ ming our telephones saying what a ter­ casting defenders were boasting about rible thing it would be to have a bal­ for the past few months in their edi­ anced budget amendment. SALUTE TO MARY ARNOLD torials, columns, speeches, and inter­ Who is it going to be terrible for? Our Mr. DOLE. Mr. President, in this po­ views? grandchildren? Our children? Or some litical year of disagreements, there is It seems that the broadcasting apolo­ other generation that has to pick up one thing on which every Member of gists are hiding behind "Big Bird, Mis­ the tab for our excesses? Maybe it is this body can agree-be they Repub­ ter Rogers, and Masterpiece Theater," not perfect. Maybe it would not have lican or Democrat, conservative or laying down their quality smokescreen worked. I think it would have. In my liberal. while they shovel out funding for gay view, we take an oath to support the That is the fact that both sides of the and lesbian variety shows, all those Constitution around here. If this were aisle are fortunate to have such an out­ doom and gloom reports about what is part of the Constitution and we did not standing floor staff. And for the past 9 wrong with America, and all the other follow our oath and did not support years, one of the superstars of the Re­ liberal cheerleading we see on public spending restraint, then I think the publican Cloakroom, has been Mary television. voters would have another reason­ Arnold. Somehow, while the public broad­ they do not need many more-to make Over the past years, Mary somehow casting establishment was in its all-out changes in the Congress and to make managed to juggle her Senate schedule quality lobbying for $1.1 billion, we did certain somebody who said one thing with Georgetown Law School. I am not hear one word, not one word, about and voted another way was not re­ proud to say that Mary received her "In the Life"-this new program. I turned to either the House or the Sen­ law degree last month. wonder why? ate. There are those who might say that Mr. President, the good news is, The next Congress is going to be a the last thing Washington, DC, needs is there will come a day when all this will whole new and different ballgame. another attorney. There will be a lot of new faces, a lot But I am here to say that the legal end; when the people find out that they profession will be well served by having have been played for a sucker; when of new Members, and if they do not pledge themselves to some special-in­ an attorney of such dedication and the American taxpayer says, "enough commitment. is enough!" terest group before they arrive, there The law profession's gain, however, is Then we will end all the doubletalk will still be opportunities next year. the Senate's loss. Mary is leaving the about quality programming. And then, But why wait until next year? Why not Cloakroom for a position with Black, bring up the balanced budget amend­ perhaps, the taxpayers will finally get Manafort, & Stone here in Washington. their money's worth. ment in the Senate? Why should we not I know this body joins me in telling go on record, every Republican and Mary that she leaves with our con­ Democrat go on record, send it back to BALANCED BUDGET AMENDMENT gratulations, our best wishes, and our the House and I think, by that time, hope that she will stay in touch. Mr. DOLE. Mr. President, yesterday, this honor roll of the courageous 12 Mr. President, I yield the floor. unfortunately, the House rejected by a who said one thing and did another The PRESIDING OFFICER. The Sen­ very narrow margin, by nine votes, a might have second thoughts. ator from Arizona is recognized. balanced budget amendment. I think So I hope we can schedule the bal­ the irony of it is that 12 Democratic anced budget amendment at the earli­ Members, who cosponsored the bal­ est possible time in the Senate. There BALANCED BUDGET AMENDMENT anced budget amendment, because of is no reason we should not. This is a Mr. DECONCINI. Mr. President, I join the heavy pressure-extreme pressure very important issue. Seventy-seven the minority leader, partly, in express­ brought on them by the Democratic percent of the American people say, let ing my regrets that the balanced budg­ leadership and because of the opposi­ us give it a shot. And the vote, as close et amendment did not pass. I am al­ tion to the balanced budget amend­ as it was, nine votes-not many votes­ ways sorry to see Democrats not vote ment by Democratic leaders in the is another reason we ought to vote on for it. I think 150 did vote for it, if I am Senate and Democratic leaders in the it, send it back to the House, and I not mistaken. I think that indicates House-they got 12 Democrats who co- think by that time there will be at there is bipartisan support for this. 14754 CONGRESSIONAL RECORD-SENATE June 12, 1992 I also must say in reflection I am not The Reagan administration could see pervisors, the line officers who fight so upset with Democratic leadership as the writing on the wall and agreed to this war support this crime bill. I am with Republican leadership. Here it, and we did enact some very tough This antidrug and crime bill provides we have a President of this country legislation. the largest ever expansion of the Fed­ who has seen and approved budget The fight is not over, nor has the war eral death penalty, over 50 new Federal agreements year after year, the worst really begun. George Bush has adopted death penalties. It also includes new ef­ deficit situation for history to see, and a different approach to fighting the forts to combat gang violence, new now he comes forward and makes this cancer that has stricken this country. penalties for terrorist acts, and in­ great political pitch in order to get a He has chosen to play politics with it. creases the existing penalties for re­ balanced budget amendment. President Bush has appointed a sea­ peat drug offenders, assaults, man­ I think what happened is that his soned political veteran with little or no slaughter, crimes against the elderly. credibility is so weak in this country professional experience to draft and di­ It also devotes substantial resources on the deficit, after submitting a budg­ rect the national drug strategy. At to training, and to prisons, to rehabili­ et request this year that is going to every opportunity these political ap­ tation programs, and to education to end up being $400 billion in deficit, that pointees are either blaming Congress attempt to persuade this country's people could not give a lot of credibil­ for policy failures or manipulating generations which are to come, and ex­ ity to that effort by the President of facts and data in hopes of fooling the isting generations, that drugs do kill. the United States. We have to have a American public that drug use is down, This week the Washington Post pub­ President who is talking about reduc­ or that now it is safe for mothers to let lished an article entitled "Perot Cham­ ing the deficit, not adding to it, if he their children venture outdoors; that pion-Unorthodox War on Drugs." wants support of the balanced budget the war is being won and we are defeat­ After reading the article, I had trouble amendment in trying to pass it. ing this awful enemy and scourge to understanding why unorthodox was in­ our country. cluded in that headline. I guess it was Let me briefly list some of the ac­ a bit unorthodox for Ross Perot as a ILLEGAL DRUGS AND VIOLENT complishments of the Reagan-Bush private citizen to actually show an in­ CRIME years. Between 1985 and 1990, the vio­ terest as far back as 1979 in the drug Mr. DECONCINI. Mr. President, as lent crime rate in cities of 250,000 or abuse problems in Texas. the Presidential campaign heats up, I more increased 35 percent. From 1985 to I guess you would call it unorthodox am concerned that one very critical 1990, suburban robberies, rapes, and ag­ for a CEO of a major corporation to put issue is being ignored by the three can­ gravated assaults all went up at least business aside for a year to concentrate didates, their political handlers, and 20 percent. full-time on his duties as chairman of the media, our country's battle against Two years ago White House officials the Texan War on Drugs Task Force. illegal drugs and violent crime. I am declared that the National Institute of Perhaps you could term unorthod.ox certainly not trying to downplay the Drug Abuse household surveys would Perot's decision to spend millions of absolute needs of the American econ­ be one of their principal yardsticks for dollars of his own hard-earned money omy or getting help to our inner cities measuring progress in the war on before taxes to get the Texas program or the importance of addressing re­ drugs, and they set a 50-percent drop in off the ground and funded when he was forms in health care and education or habitual cocaine use as one of their having trouble getting the legislature the deficit reduction or the balanced goals. The 1991 household survey has to do so. Finally they came around to budget amendment. I am worried, how­ now been released and it shows weekly see it as he was presenting it. ever, that because the issues of drugs cocaine use with a sharp rise, up 29 per­ That is not unorthodox. That is com­ and crime do not sit at the very top of cent. In the first two quarters of 1991, mitment. That is the kind of commit­ the political polls they will be a lower cocaine-related emergency room visits ment we need from this President and priority and literally may not be dis­ dramatically increased, up 31 percent; all candidates who are running for cussed at all. heroin emergency room visits also President to talk about the war on As a Senator who has devoted a great jumped up 26 percent from the year be­ drugs that is really not a war, but to deal of my time and energy in develop­ fore. talk about the problem facing this ing and formulating antidrug, The administration, which brought country and to offer what they will do anticrime legislation, it does not sur­ us Willie Horton, chose to hand out if they are elected. prise me that President Bush is satis­ sweetheart plea bargains to some of Finally I am not surprised that orga­ fied to keep this issue on the back the most notorious drug kingpins dur­ nizations like the ACLU would be criti­ burner. I will admit that George Bush's ing the trial of Manuel Noriega so they cal of Mr. Perot's efforts to toughen track record has been an improvement could get a conviction. I am glad Mr. drug laws in Texas, to seize the assets over Ronald Reagan's 8 years. However, Noriega was convicted, but I tell you, I of drug dealers, and to institute a drug it would be nearly impossible not to hate to see some of these international testing program at his company, EDS. improve on the Reagan years. drug cartel people who we have custody This Senator does not term those ef­ In 1986 and 1988 the Congress, fighting of now, who are serving time, one of forts by Mr. Perot unorthodox. I view the strong objections of the Reagan them 135 years plus life imprisonment, them as genuine commitments by White House each step of the way. was whatever that amounts to, being given someone who takes the drug issue seri­ able to draft and approve comprehen­ a plea bargain because they testified ously and has the courage to take the sive antidrug legislation, to create a against Manuel Noriega. That is what full action needed, and hopefully is not drug czar, the director of drug pro­ the Justice Department has done. That the only candidate that will do so. gramming for this country. These anti­ is what this administration has done. Mr. President, as my colleagues are drug measures provided billions of dol­ But the most difficult policy decision aware, the strong desire in Congress to lars in resources and personnel. They to understand in the administration's wage an effective war on drugs has brought tough new criminal penalties war on drugs and crime is the Presi­ brought with it some truly innovative to the fight. Most importantly, they dent's threatened veto of the 1991 crime and creative ideas, as well as some that sent a message to the Reagan adminis­ bill. This piece of legislation, which you might term crazy. I know many of tration that if it was not going to pro­ Mr. Bush refers to as "procriminal," is my colleagues voted against the policy pose something, slogans and a lot of supported by every major law enforce­ of giving U.S. military pilots the au­ words were not going to be enough, ment organization in America includ­ thority to fire on suspected smuggling that we needed to wage war against the ing the Fraternal Order of Police, the aircraft. I personally cannot think of drug cartels and the drug dealers in National Sheriffs Association, the Na­ anything crazier than the policy of le­ this country and to do something tional Association of Chiefs of Police, galizing cocaine, as has been advocated about treatment and education as well. just to name a few. Administrators, su- by some. June 12, 1992 CONGRESSIONAL RECORD-SENATE 14755 But that is what our Congress is all ity to cut through all the hoopla and That's welcome evidence of progress." Like about. Everybody can speak their get straight to the heart of an issue. nearly every story on women candidates, the piece. But there have been some con­ Mr. President, I am sure that my col­ editorial ignores the fact that well-qualified structive things offered by Congress in women were running for the Senate long be­ leagues on both sides of the aisle agree fore anyone ever heard of Anita Hill. And that crime bill and other proposals with me that there is no one better at why should "welcome progress" be defined that the administration has failed to doing that than our distinguished Re­ by the number of women candidates from tbe even come back on with an alternative. publican leader, Senator BOB DOLE. Democratic Party? I am sure Ross Perot has probably Along with a brilliant mind, keen Where was all the media cheerleading in suggested some methods, which I may wit, and political savvy for which he is 1990, a banner year for women candidates, not have, with drug traffickers and renowned, Senator DOLE also possesses when a half-dozen Republican women-well­ drug dealers that he would reconsider an enormous amount of clear-eyed qualified women with serious messages­ if he were President or maybe veto if in common sense. Like a fresh prairie were running hard for the Senate? These top­ fact it passed. flight candidates included Sen. Nancy Kasse­ breeze cutting through the muggy haze baum of Kansas; U.S. Reps. Lynn Martin of On the issue of illegal drugs and vio­ of a Washington summer day, Senator illinois, Pat Saiki of Hawaii and Claudine lent crimes many of us have let our DOLE's ability to cut through nonsense Schneider of Rhode Island; a New Jersey emotions get away from ourselves as and distinguish the facts is always wel­ state official, Christine Whitman; and a well. But at least he is talking about come. prosecutor from Delaware, Jane Brady-not the issue. I compliment him for it, and I recently had the pleasure of reading exactly an unseasoned lot of public servants. I suspect we will see more talk about it an article by Senator DOLE in the How many stories did you see in 1990 point­ and concrete proposals. Washington Post about Republican ing out that these six outstanding women The bottom line is we are not win­ women running for the Senate. The ar­ were running for the Senate as Republicans, ning the war on drugs. We really do not while the Democrats were fielding only two ticle points out some important facts women candidates? Instead of rave editorials have a war on drugs. In fact, we are not about the media's seeming refusal to and "break-through" stories, the media even waging a war yet. acknowledge these candidates, and it is turned on its censorship machine, keeping George Bush deserves credit for his vintage BOB DOLE-accurate, inform­ America in the dark about this historic field success in the Persian Gulf war against ative, and to the point. I request unani­ of women candidates taking on the status Saddam Hussein. If George Bush would mous consent that it be printed in the quo. Kassebaum was re-elected, but when all take as much interest in waging an ef­ RECORD. five women challengers were defeated by fective battle against illegal drugs and There being no objection, the mate­ their male opponents there was no editorial violent crime as he did in waging war rial was ordered to be printed in the outcry that the old boy network had pre­ against Iraq, the results would maybe vailed again. (Let me add that two of these RECORD, as follows: talented women now serve in the Bush ad­ not be so grim in this country. [From the Washington Post, May 31, 1992] ministration-Lynn Martin as secretary of We did not win that war either in Is AMERICA IGNORING GOP WOMEN? Labor and Pat Saiki as head of the Small Iraq. Saddam Hussein is still rambling (By Bob Dole) Business Administration.) around building an army, but at least As a proud resident of the only state in And when Republicans, long before the we mobilized this country in the inter­ America with a woman U.S. senator, a Thomas-Hill h~arings, introduced com­ national forces as never mobilized be­ woman U.S. representative and a woman prehensive women's-rights legislation-in­ fore and literally physically forced him governor, I fully understand that neither cluding the first-ever monetary remedies for out of Kuwait. gender has a monopoly on any political of­ sexual harassment in the workplace, specific I do not know that you could win a fice. provisions to fight violence against women Unfortunately, when it comes to U.S. Sen­ and the first proposal dealing with corporate drug war where you eliminated all discrimination against women-the media drugs, but I believe if we organized and ate elections. it appears that one party's women candidates do have a monopoly on gave the plan nothing but the cold shoulder. mobilized as we did against the Iraqi the media's attention, as we are seeing again Regrettably for America's working women, Army in this country alone, we would this year in the wide national coverage of women's rights and Republicans simply don't get drugs out of this country, or at women candidates in Pennsylvania and Illi­ mix in our nation's newsrooms. least the people who are selling them. nois. Let's face the facts. Democratic U.S. Sen­ On the issue of drugs and crime, Ross Despite a long record of nominating quali­ ate nominees Carol Moseley Braun and Lynn Perot appears to be in step with what fied, dynamic and distinguished women to Yeakel are fast becoming household names. many of us have been attempting to ac­ run for the Senate, the Republican Party's But when was the last time you saw a story complish for many, many years. Maybe female candidates have never enjoyed the on Charlene Haar, another so-called "out­ unrelenting media and interest-group sider" who happens to be the Republican Ross Perot is a leadership change we cheerleading we hear these days for women · U.S. Senate candidate in South Dakota? Not­ need to get serious about mounting a Democratic candidates. Apparently, the key withstanding a fine opponent, did the Repub­ war on drugs to really get to it. to being taken seriously-to being declared a lican former mayor of Charlotte, Sue I am sure that many will agree we force for "change"-by the media and the so­ Myrick, get the same kind of free national cannot do any worse. called women's groups is a liberal agenda, hype before North Carolina's Senate primary Mr. President, I yield the floor. not the female gender. that we saw in Pennsylvania on the Demo­ Mr. THURMOND addressed the Chair. Now, don't get me wrong. I'm all for more cratic side? The PRESIDING OFFICER. The Sen- women in government, and I have no prob­ How many stories have you seen pointing ator from South Carolina is recognized. lem with the Democrats nominating women out that since 1980, Repuolicans have nomi­ candidates. Throughout my career in public nated more women to run for the Senate service, I've worked with highly talented than have the Democrats? Have you ever SENATOR BOB DOLE women-in the House, in the Senate and on heard that women have been the Republican Mr. THURMOND. Mr. President, one the highest levels of my staff, including my U.S. Senate nominee in New Jersey three out longtime chief of staff and her fellow staff of the four most recent elections? Or that de­ aspect of life in our Nation's Capital experts on health care, disabilities, nutri­ spite being outspent by nearly $9 million, which is as reliable as hot weather in tion, arms control, budget and tax policy. I Christine Whitman came within three points July is the fact that public debate­ also happen to be married to someone who of unseating an incumbent Garden State sen­ like debate in this Chamber-often gets knows a lot about being a woman in public ator in 1990? If she had gotten half the media rather confusing. Complex issues service. attention Lynn Yeakel has, Christine Whit­ viewed through the lens of politics Across the nation, Americans are being man might very well be sitting in the Senate sometimes seem about as clear as the deluged with television and newspaper sto­ today. · ries proclaiming that 1992 will be a "break­ Unfortunately, it seems that the media Potomac, and news coverage of events through" year for women candidates. A re­ and a few special interest groups have de­ in Washington frequently does little to cent editorial in a major newspaper raved cided that Republican women are not "po­ help our constituents understand the about Democratic women candidates, declar­ litically correct." Whether they meet some facts. ing that "the fallout from the [Clarence] groups' self-proclaimed litmus tests or not, During my 38 years in the Senate, I Thomas hearings has produced viable female qualified Republican women-women wheth­ have especially come to value the abil- Senate candidates in a half-dozen states. er they are pro-choice or whatever-never 14756 CONGRESSIONAL RECORD-SENATE June 12, 1992 seem to merit the support of the groups that The electric consumers of Missouri system today, lower interest rates and sav­ say they are so dedicated to electing more Basin's member utilities have a lot to ing millions of jobs in this country that we women to office, women who could have been thank Dan for: quality service, com­ have lost. The average income for a family already on the job, making a difference on would be higher. Capitol HilL petitive rates, effective leadership, and Nothing is more important to most work­ In fact, time and time again, the so-called honorable representation. ing and out-of-work Americans than jobs liberal women's organizations such as the Mr. President, I join the people of that pay well. But studies show conclusively National Women's Political Caucus have South Dakota and the members and that the federal government deficit has been done everything possible to defeat talented board of Missouri Basin in extending responsible for one-third to one-half of the Republican candidates. There are many fine our best wishes to Dan, his wife Joan, trade imbalance, that we have lost much of women's organizations in America, some of and their two children, as Dan begins a our industrial base because of the budget def­ which supported these candidates, but it new and exciting challenge with the icit. On top of that, long-term interest rates seems obvious that most of the self-styled Good Samaritan Society, a Sioux have discouraged not only industrial invest­ women's groups are more interested in agen­ ment but also home construction, and that das than gender. Falls-based not-for-profit organization. has aggravated both employment and hous­ So the next .time you hear criticism of the While Dan will be missed, we are ing problems. Shouldn't these factors be "98 percent male" Senate or statements that pleased to know that others will bene­ weighed by those who promote a special we need "more women" in the Senate, ask fit from his intelligence, integrity, and agenda? yourself whose fault that really is. The fe­ ingenuity. The absorption of so much of the world's male candidates have been there. Regret­ savings for our deficit also has particularly tably, the votes, the attention and the politi­ hurt the poorer nations, which have to pay cal will have not. BALANCED BUDGET AMENDMENT higher interest rates to borrow (just as our citizens do). And when poorer nations suffer, Mr. SIMON. Mr. President, we have their people struggle harder for basics and TRIBUTE TO DAN HOLDHUSEN concluded the debate on the balanced they are less able to purchase products made budget constitutional amendment for in the United States. Mr. DASCHLE. Mr. President, I wish One of the nation's greatest weaknesses is to pay tribute to Dan Holdhusen of 1992. Nonetheless, the deficit remains the most urgent economic problem fac­ our failure to do long-term thinking. It is Sioux Falls, SD, who will be resigning true of the governmental sector and also of his position as general manager of the ing the Nation. I submit for the the private sector. Missouri Basin Municipal Power Agen­ RECORD two columns I have written for Including, unfortunately, some in the pri­ cy later this month to take a post with Illinois newspapers which outline some vate sector who speak for causes in which I the Good Samaritan Society. of my thoughts on this subject. believe strongly. In this case, their opposi­ The Missouri Basin Municipal Power There being no objection, the articles tion to a balanced budget amendment will are ordered to be printed in the harm the causes they advocate, if they suc­ Agency is a joint action agency that ceed. serves 58 municipal electric utilities in RECORD, as follows: South Dakota, North Dakota, Iowa, WHY WE NEED A BALANCED BUDGET SOBERING NEW DEFICIT REPORT CHARTS FOUR and Minnesota. Missouri Basin pro­ AMENDMENT ROADS TO OUR FUTURE vides supplemental power, joint financ­ (By U.S. Senator Paul Simon) (By U.S. Senator Paul Simon) ing, training, and education programs, One of the arguments against having a bal­ If you think the balanced budget amend­ joint purchasing, regional and national anced budget amendment in the Constitu­ ment now before Congress has nothing to do representation and a variety of other tion-requiring that income match spending with your future, take a look at the recent unless there is a 60 percent vote of Congress report published by the General Accounting services to its members. Through coop­ to have a deficit-is that it will hurt social erative action, the agency helps pro­ Office about where we are, and where we're programs. headed on four different possible courses, to vide reliable electric service to more The fact that I have spent my legislative the year 2020: than 200,000 consumers in the Upper career fighting for education and health care Road one: Follow the present path of drift Midwest. and other needed social programs I hope and more huge deficits. They suggest, first, Dan first joined Missouri Basin in would at least cause some to pause enough in that it is not likely to happen, that the econ­ June 1977 as the manager of finance their passionate rhetoric to listen, and ex­ omy will face a crisis before 2020, but at best and accounting. He was named assist­ amine. I would not be sponsoring the con­ we would maintain about the present level of ant general manager in 1982, and was stitutional amendment if it would hurt in­ income, $23,875 per person, but continue to vestments we need to build a stronger, better slip behind other nations. appointed general manager in 1987 upon nation. Road two: They call this the "muddle the retirement of Russell Dau. During There are many flaws in the opponents' ap­ through" road, in which we make some sac­ this 15-year period, Dan played an inte­ proach, but let me mention just two: rifices and cut the deficit rate about in half gral role in the agency's achievements 1. In the past 10 years after adjusting for from where it is now. It would raise our per and successes. Under Dan's leadership, inflation, these are the spending figures in capital income to $30,374. Missouri Basin established a strategic the federal budget: non-defense discretionary Road three: Balance the budget within planning process that has guided the (mostly domestic programs) down 12 percent; nine years. Per capita income: $32,555. agency toward the 21st century. The defense, up 36 percent; entitlements (such as Road four: Balance the budget in nine Social Security and Medicare) up 51 percent; years and four years later build a slight sur­ agency is currently embarking on sev­ gross interest, up 105 percent. The interest plus of about two percent in the budget. The eral important steps in that process: a growth-by far the biggest-is squeezing out result will be per capital income of $33,353. demand-side management program, the our ability to respond with social programs. Which road should we follow? The answer TreePower planting program, and ex­ In the next federal budget, gross interest for should be obvious. tension of member contracts. the first time will become the top spending During the first 175 years of our nation's Dan took great steps to expand the item. In the next 10 years, interest will be history, we balanced the budget 60 percent of public affairs efforts of the agency and much worse unless it is somehow capped, and the time, and when we had deficits they were the only conceivable way to cap it is with a only small deficits. The last 25 years we have its members. He has served on several constitutional amendment. If it is not balanced the budget only once-four percent committees and task forces of the capped, social programs will suffer even of the time-piling up huge deficits in the American Public Power Association, more. Along with the country. meantime. served for 2 years as president of the 2. In the past 12 years, the amount spent We are the first generation of Americans Mid-West Electric Consumers Associa­ for interest rose by a total of $1.461 trillion. to live high-on our children. We've used a tion, and represented the agency on the If 12 years ago we had had a constitutional national credit card, sending them the bill Missouri Basin power project's man­ amendment and had not spent the money on and harming their future. The deficit has al­ agement committee and the interest, would spending on social programs ready cost the nation between 2.5 and 3.5 have dropped 12 percent? I doubt it. Would million jobs, particularly in the manufactur­ midcontinent area power pool. Dan's we have spent so much on fancy and frivo­ ing sector. Our fiscal foolishness has sent service on these boards and committees lous weapons systems? I doubt it. Would the jobs to other nations. has earned him the respect of his col­ 1981 tax bill have passed? Clearly, it could In 1986 the average manufacturing wage in leagues in the electric utility industry. not have, and the result would be a fairer tax the United States was higher than in any June 12, 1992 CONGRESSIONAL RECORD-SENATE 14757 other country. Today eleven nations have of Minister-Counselor, to be Ambassador Ex­ 1957 when he began 4 years of service at higher average manufacturing wages. traordinary and Plenipotentiary of the Unit­ the State Department as Deputy Direc­ One of the ironies is that some of t11e peo­ ed States of America to the Republic of the tor for Manag"=Jment at the Inter­ ple who will be hurt the worst by our failure Sudan. to face our problems have been persuaded Dennis P. Barrett, of Washington, a career national Cooperation Administration. that we should not do so. member of the Senior Foreign Service, Class He also served four times as U.S. dele­ Former Social Security Commissioner of Minister-Counselor, to be Ambassador Ex­ gate, political committee, to the At­ Dorcas Hardy has written that Social Secu­ traordinary and Plenipotentiary of the Unit­ lantic Treaty Assembly. Bill FitzGer­ rity retirement should be in good shape well ed States of America to the Democratic Re­ ald also has vast private sector experi­ into the next century-except for one thing: public of Madagascar. ence, including serving in senior posi­ the huge federal dabt. That is the only real Richard Goodwin Capen, Jr., of Florida, to tions at a number of large national and threat to it. be Ambassador Extraordinary and Pleni­ But some people have persuaded a few of potentiary of the United States of America international businesses. He is also a the senior citizen groups to oppose the bal­ to Spain. member and adviser to many highly re­ anced budget amendment, the very amend­ Roger A. McGuire, of Ohio, a career mem­ spected foreign policy related organiza­ ment that will do the most to protect their ber of the Senior Foreign Service, Class of tions. future. Don't ask me to explain that one! Counselor, to be Ambassador Extraordinary Mr. FitzGerald received his bachelor The GAO report says that if we continue to and Plenipotentiary of the United States of of science degree from the U.S. Naval let interest mushroom in the budget, discre­ America to the Republic of Guinea-Bissau. Academy. Following graduation, he tionary non-defense spending (such as edu­ William Lacy Swing, of North Carolina, a cation, health and agriculture) will experi­ career member of the Senior Foreign Serv­ served two tours in the U.S. Navy. ence a drop of approximately one-third over ice, Class of Career Minister, to be Ambas­ Mr. President, I am confident Bill the next decades-optimistically. That as­ sador Extraordinary and Plenipotentiary of FitzGerald has the experience nec­ sumes that there is no increase in interest the United States of America to the Federal essary to effectively serve as U.S. Am­ rates, but if we continue on our borrowing Republic of Nigeria. bassador to the Republic of Ireland. binge, there is no way interest rates will not Reginald Bartholomew, of the District of Columbia, a career member of the Senior Thank you for allowing me the oppor­ rise, and these programs in which I believe tunity to come before the Senate to en­ strengly will suffer even more. Foreign Service, Class of Career Minister, to This year we are spending $4 for each $3 we be the United States Permanent Representa­ dorse his confirmation. take in. Yes, it's nice-until the bills come tive on tlle Council of the North Atlantic in. And they're already coming in, and it's Treaty Organization, with the rank and sta­ going to get worse and worse until we stop tus of Ambassador Extraordinary and Pleni­ LEGISLATIVE SESSION this nonsense. potentiary. The PRESIDING OFFICER. Under We need a constitutional amendment simi­ Adrian A. Basora, of New Hampshire, a ca­ reer member of the Senior Foreign Service, the previous order, the Senate will re­ lar to one Thomas Jefferson advocated, lim­ turn to legislative session. iting the ability of the federal government to Class of Counselor, to be Ambassador Ex­ borrow. traordinary and Plenipotentiary of the Unit­ We owe it to future generations. ed States of America to the Czech and Slo­ vak Federal Republic. THE 107TH MERIDIAN BOUNDARY Peter Barry Teeley, of Virginia, to be Am­ DISPUTE EXECUTIVE SESSION bassador Extraordinary and Plenipotentiary Mr. DECONCINI. Mr. President, I ask of the United States of America to Canada. Mr. DECONCINI. Mr. President, I ask Peter Jon de Vos, of Florida, a career unanimous consent that S. 2833, a bill unanimous consent that the Senate member of the Senior Foreign Service, Class to resolve the 107th meridian boundary proceed to executive session to con­ of Minister-Counselor, to be Ambassador Ex­ dispute between the Crow Indian Tribe, sider the following nominations: traordinary and Plenipotentiary of the Unit­ the Northern Cheyenne Indian Tribe, Calendar No. 619, 620, 621, 622, 623, 624, ed States of America to the United Republic and the United States, introduced on 625, 626, 627, 628, 629, 630, 631, 632, 633, of Tanzania. Thursday, June 11, by Senators BAucus and 638; and I further ask unanimous Robert E. Gribbin III, of Alabama, a career and BURNS be sequentially referred to member of the Senior Foreign Service, Class consent that the Senate proceed to of Counselor, to be Ambassador Extraor­ the Committee on Energy and Natural their immediate consideration; that dinary and Plenipotentiary of the United Resources, if and when it is reported by the nominees be confirmed, en bloc; States of America to the Central African Re­ the Committee on Indian Affairs. that any statements appear in the public. The PRESIDING OFFICER. Without RECORD as if read; that the motions to William Henry Gerald FitzGerald, of the objection, it is so ordered. reconsider be laid upon the table, en District of Columbia, to be Ambassador Ex­ bloc; that the President be imme­ traordinary and Plenipotentiary of the Unit­ diately notified of the Senate action; ed States of America to Ireland. CONVEYANCE OF CERTAIN LANDS and that the Senate return to legisla­ U.S. ADVISORY COMMISSION ON PUBLIC IN LIVINGSTON PARISH, LA tive session. DIPLOMACY Mr. DECONCINI. Mr. President, I ask The PRESIDING OFFICER. Without Pamela J. Turner, of the District of Co­ lumbia, to be a member of the U.S. Advisory unanimous consent that the Senate objection, it is so ordered. Commission on Public Diplomacy for a term proceed to the immediate consider­ The nominations considered and con­ expiring July 1, 1995. (Reappointment.) ation of Calendar No. 468, S. 1439, re­ firmed en bloc are as follows: EXECUTIVE OFFICE OF THE PRESIDENT garding a land conveyance in Living­ DEPARTMENT OF STATE Kay Coles James, of Virginia, to be Associ­ ston Parish, LA, that the committee Marc Allen Baas, of Florida, a career mem­ ate Director for National Drug Control Pol­ amendment be agreed to and the bill, ber of the Senior Foreign Service, Class of icy. as amended, be read a third time, Minister-Counselor, to be Ambassador Ex­ passed and the motion to reconsider be traordinary and Plenipotentiary of the Unit­ laid upon the table. ed States of America to Ethiopia. WILLIAM HENRY GERALD FITZ­ Lauralee M. Peters, of Virginia, a career GERALD TO BE UNITED STATES The PRESIDING OFFICER. Without member of the Senior Foreign Service, Class .AMBASSADOR TO IRELAND objection, it is so ordered. of Minister-Counselor, to be Ambassador Ex­ So the bill (S. 1439), as amended, was traordinary and Plenipotentiary of the Unit­ Mr. WARNER. Mr. President, I passed, as follows: ed States of America to the Republic of Si­ strongly recommend the confirmation s. 1439 erra Leone. of Mr. William Henry Gerald FitzGer­ Hume Alexander Horan, of the District of Be it enacted by the Senate and House of Rep­ ald to serve as U.S. Ambassador to Ire­ resentatives of the United States of America in Columbia, a career member of the Senior land. Mr. FitzGerald is currently presi­ Foreign Service, Class of Career Minister, to Congress assembled, be Ambassador Extraordinary and Pleni­ dent of the FitzGerald Corp. and is vice SECTION 1. FINDINGS. potentiary of the United States of America chairman of the African Development The Congress finds and declares that-- to the Republic of Cote d'Ivoire. Foundation. (1) there is a history of adverse claims and Donald K. Petterson, of California, a career Mr. FitzGerald has an impressive title confusion relating to certain lands in member of the Senior Foreign Service, Class record of public service, beginning in Livingston Parish, Louisiana, arising from 14758 CONGRESSIONAL RECORD-SENATE June 12, 1992 private land claims predating the Louisiana desk and ask for its immediate consid­ "(b) In a suit described in subsection (a) for Purchase; eration. a violation described in that subsection, (2) numerous parties have in good faith The PRESIDING OFFICER. The remedies (including remedies both at law placed valuable improvements upon such clerk will report. and in equity) are available for the violation lands in the belief that they owned such The legislative clerk read as follows: to the same extent as such remedies are lands; and available for such a violation in a suit (3) the public interest will be best served The Senator from Arizona [Mr. DECONcrnn against any person other than a State, in­ by clarifying the uncertainty of title by con­ proposes an amendment numbered 2372. strumentality of a State, or officer or em­ veying the interest of the United States in Mr. DECONCINI. Mr. President, I ask ployee of a State or instrumentality of a such lands to those affected parties. unanimous consent that reading of the State acting in his or her official capacity. SEC. 2. CONVEYANCE OF LANDS. amendment be dispensed with. Such remedies include injunctive relief (a) IN GENERAL.-Notwithstanding any The PRESIDING OFFICER. Without under section 34, actual damages, profits, other provision of law, and subject to the objection, it is so ordered. costs and attorney's fees under section 35, reservation in subsection (b), the United The amendment is as follows: destruction of infringing articles under sec­ States hereby grants all right, title, and in­ tion 36, the remedies provided for under sec­ terest of the United States in and to certain On page 4, strike lines 7 and 8 and insert in tions 32, 37, 38, 42 and 43, and for any other lands in Livingston Parish, Louisiana, as de­ lieu thereof the following: remedies provided under this Act.". scribed in section 3, to those parties who, as (1) by redesignating paragraphs (1) and (2) (c) FALSE DESIGNATION OF ORIGIN AND of the date of enactment of this Act, would as subparagraphs (A) and (B), respectively; FALSE DESCRIPTIONS FORBIDDEN.-Section (2) by inserting "(1)" after "(a)"; and be recognized as holders of a right, title, or (3) by adding at the end thereof: 43(a) of the Act (15 U.S.C. 1125(a)) is amend­ interest to any portion of such lands under ed- the laws of the State of Louisiana, but for The PRESIDING OFFICER. The (1) by redesignating paragraphs (1) and (2) the interest of the United States in such question is on agreeing to the amend­ as subparagraphs (A) and (B), respectively; lands. ment. (2) by inserting "(1)" after "(a)"; and (b) RESERVATION OF MINERAL RIGHTS.-The The amendment (No. 2372) was agreed (3) by adding at the end thereof: United States hereby excepts and reserves "(2) As used in this subsection, the term to. 'any person' includes any State, instrumen­ from the provisions of subsection (a) of this The PRESIDING OFFICER. The section, all minerals underlying such lands, tality of a State or employee of a State or along with the right to prospect for, mine, question is on the engrossment and instrumentality of a State acting in his or and remove the minerals under applicable third reading of the bill. her official capacity. Any State, and any law and such regulations as the Secretary of The bill was ordered to be engrossed such instrumentality, officer, or employee, the Interior may prescribe. for a third reading, was read the third shall be subject to the provisions of this Act SEC. 3. DESCRIPTION OF LANDS TO BE CON­ time, and passed, as follows: in the same manner and to the same extent VEYED. as any nongovernmental entity.". s. 759 (d) DEFINITION.-Section 45 of the Act (15 The lands to be conveyed pursuant to this Be it enacted by the Senate and House of Rep­ Act are those lands located in section 37, U.S.C. 1127) is amended by inserting after the resentatives of the United States of America in fourth undesignated paragraph the following: township 5 south, range 4 east, St. Helena Congress assembled, "The term 'person' also includes any Meridian, in Livingston Parish, Louisiana. SECTION 1. SHORT TITI..E. State, any instrumentality of a State, and This Act may be cited as the "Trademark any officer or employee of a State or instru­ THE UNEMPLOYMENT Remedy Clarification Act". mentality of a State acting in his or her offi­ SEC. 2. REFERENCE TO TilE TRADEMARK ACT OF cial capacity. Any State, and any such in­ COMPENSATION BILL 1946. strumentality, officer, or employee, shall be Mr. DECONCINI. Mr. President, I ask Except as otherwise expressly provided, subject to the provisions of this Act in the unanimous consent that on Friday, whenever in this Act an amendment is ex­ same manner and to the same extent as any June 12, the Senate Finance Commit­ pressed in terms of an amendment to a sec­ nongovernmental entity.". tee be permitted to file until 4 p.m., tion or other provision, the reference shall SEC. 4. EFFECTIVE DATE. H.R. 5260, the unemployment com­ be considered to be made to a section or The amendments made by this Act shall other provision of the Act entitled "An Act take effect with respect to violations that pensation bill. to provide for the registration and protec­ occur on or after the date of the enactment The PRESIDING OFFICER. Without tion of trademarks used in commerce, to of this Act. objection, it is so ordered. carry out the provisions of certain inter­ Mr. DECONCINI. Mr. President, I national conventions, and for other pur­ move to reconsider the vote. poses", approved July 5, 1946 (15 U.S.C. 1051 Mr. THURMOND. I move to lay that TRADEMARK REMEDY et seq.) (commonly referred to as the Trade­ CLARIFICATION ACT on the table. mark Act of 1946). The motion to lay on the table was Mr. DECONCINI. Mr. President, I ask SEC. 3. LIABILITY OF STATES, INSTRUMENTAL­ ITIES OF STATES, AND STATE OFFI­ agreed to. unanimous consent that the Senate CIAI.S. proceed to the immediate consider­ (a) LIABILITY AND REMEDIES.-Section 32(1) ation of Calendar No. 462, S. 759, relat­ of the Act (15 U.S.C. 1114(1)) is amended by PATENT AND PLANT VARIETY ing to certain trademark laws. adding at the end thereof the following: PROTECTION REMEDY CLARI- The PRESIDING OFFICER. The "As used in this subsection, the term 'any FICATION ACT clerk will report. person' includes any State, any instrumen­ Mr. DECONCINI. Mr. President, I ask The legislative clerk read as follows: tality of a State, and any officer or employer unanimous consent that the Senate A bill (S. 759) to amend certain trademark of a State or instrumentality of a State act­ proceed to the immediate consider­ laws to clarify that States, instrumentalities ing in his or her official capacity. Any State, and any such instrumentality, officer, or em­ ation of Calendar 461, S. 758, relating to of States, and officers and employees of certain patents, that the bill be deemed States acting in their official capacity, are ployee, shall be subject to the provisions of subject to suit in Federal court by any per­ this Act in the same manner and to the same read the third time, passed, and the son for infringement of trademarks, and that extent as any nongovernmental entity.". motion to reconsider laid upon the all the remedies can be obtained in such suit (b) LIABILITY OF STATES, INSTRUMENTAL­ table. that can be obtained in a suit against a pri­ ITIES OF STATES, AND STATE 0FFICIALS.-The The PRESIDING OFFICER. Without vate entity. Act is amended by inserting after section 39 objection, it is so ordered. (15 U.S.C. 1121) the following new section: The PRESIDING OFFICER. Is there "SEC. 40. (a) Any State, instrumentality of So the bill (S. 758) was deemed read objection to the immediate consider­ a State or any officer or employee of a State the third time and passed, as follows: ation of the bill? or instrumentality of a State acting in his or s. 758 There being no objection, the Senate her official capacity, shall not be immune, Be it enacted by the Senate and House of Rep­ proceeded to consider the bill. under the eleventh amendment of the Con­ resentatives of the United States of America in stitution of the United States or under any Congress assembled, AMENDMENT NO. 2372 other doctrine of sovereign immunity, from SECTION 1. SHORT TITLE. (Purpose: To make technical amendments) suit in Federal court by any person, includ­ This Act may be cited as the "Patent and Mr. DECONCINI. Mr. President, I ing any governmental or nongovernmental Plant Variety Protection Remedy Clarifica­ send a technical amendment to the entity for any violation under this Act. tion Act". June 12, 1992 CONGRESSIONAL RECORD-SENATE 14759 SEC. 2. LIABILITY OF STATES, INSTRUMENTAL­ "SEC. 130 LIABILITY OF STATES, INSTRUMENTAL­ relations firm-Black, Manafort, Stone ITIES OF STATES, AND STATE OFFI· ITIES OF STATES, AND STATE OFFI· CIALS FOR INFRINGEMENT OF PAT· CIALS FOR INFRINGEMENT OF & Kelly. Our loss will in every sense be ENTS. PLANT VARIETY PROTECTION. that firm's gain. (a) LIABILITY AND REMEDIES.-(1) Section "(a) Any State, any instrumentality of a I have known Mary Arnold for nearly 271 of title 35, United States Code, is amend­ State, and any officer or employee of a State 10 years. We know her as a cheerful ed by adding at the end the following: or instrumentality of a State acting in his person in the Cloakroom, and she re­ "(h) As used in this section, the term 'who­ official capacity, shall not be immune, under ferred to herself as Cloakroom Mary ever' includes any State, any instrumental­ the eleventh amendment of the Constitution from time to time, with great, good ity of a State, and any officer or employee of of the United States or under any other humor. She is a very bright lady who a State or instrumentality of a State acting doctine of sovereign immunity, from suit in has consistently demonstrated a very in his official capacity. Any State, and any Federal court by any person, including any such instrumentality, officer, or employee, governmental or nongovernmental entity, high level of performance in her job in shall be subject to the provisions of this title for infringement of plant variety protection the Republican Cloakroom. Despite re­ in the same manner and to the same extent under section 111, or for any other violation ceiving hundreds of staff and Senator as any nongovernmental entity.". under this title. inquiries during the course of her (2) Chapter 29 of title 35, United States "(b) In a suit described in subsection (a) for workday, she somehow always man­ Code, is amended by adding at the end the a violation described in that subsection, aged to maintain a friendly and cheer­ following new section: remedies (including remedies both at law and in equity) are avialable for the violation ful disposition. I frankly do not know "§ 296. Liability of States, instrumentalities of to the same extent as such remedies are how she, or any of the other Cloakroom States, and State officials for infringement available for such a violation in a suit staff, do their jobs so patiently and so of patents against any private entity. Such remedies well. But they do-on both sides of the "(a) IN GENERAL.-Any State, any instru­ include damages, interest, costs, and treble aisle. Mary has been professionally mentality of a State, and any officer or em­ damages under section 124, and attorney fees helpful to me in many ways during her ployee of a State or instrumentality of a under section 125. ". tenure here. She will be deeply missed State acting in his official capacity, shall SEC. 4. EFFECTIVE DATE. not be immune, under the eleventh amend­ by me and my colleagues. We have all The amendments made by this Act shall equally enjoyed working closely with ment of the Constitution of the United take effect with respect to violations that States or under any other doctrine of sov­ her. occur on or after the date of the enactment Mary is a very unique lady who ereign immunity, from suit in Federal court of this Act. by any person, including any governmental maintained a full-time job in the or nongovernmental entity, for infringement Mr. DECONCINI. Mr. President, I sug­ Cloakroom and also attended George­ of a patent under section 271, or for any gest the absence of a quorum. town University Law School. It is that other violation under this title. The PRESIDING OFFICER. The level of ambition and ability that, I am "(b) REMEDIES .-ln a suit described in sub­ clerk will call the roll. section (a) for a violation described in that confident, will enable her to succeed in The legislative clerk proceeded to every single endeavor she may at­ subsection, remedies (including remedies call the roll. both at law and in equity) are available for tempt. I am pleased that she has ac­ the violation to the same extent as such Mr. SIMPSON. Mr. President, I ask cepted a position in the Washington remedies are available for such a violation in unanimous consent that the order for area, and I am thus certain that we a suit against any private entity. Such rem­ the quorum call be rescinded. will continue to hear her in these cor­ edies include damages, interest, costs, and The PRESIDING OFFICER. Without ridors, albeit in a much different ca­ treble damages under section 284, attorney objection, it is so ordered. pacity, certainly. fees under section 285, and the additional In closing, I want to take this oppor­ remedy for infringement of design patents under section 289. ". GOOD LUCK TO MARY ARNOLD tunity to commend this fine lady and (b) CONFORMING AMENDMENT.-The table of thank her for the outstanding service sections at the beginning of chapter 29 of Mr. SIMPSON. Mr. President, Rev­ that she has rendered to the U.S. Sen­ title 35, United States Code, is amended by erend Halverson, our beloved Senate ate. My wife, Ann, and I congratulate adding at the end the following new item; Chaplain, frequently refers to our her again on her fine record and service " Sec. 296. Liability of States, instrumental- "Senate family," and to all of us who to the U.S. Senate, and wish her the ities of States, and State offi­ work in this fascinating place, we very best in life and in this exciting cials for infringement of pat­ know that these are more than just new professional opportunity. God ents.". mere words that roll easily off of the bless her. SEC. 3. LIABILITY OF THE STATES, INSTRUMEN­ tongue. It is very real, and it captures I thank the Chair. TALITIES OF STATES, AND STATE OF­ the way the people who work here FICIALS FOR INFRINGEMENT OF I suggest the absence of a quorum. truly think of each other and the Sen­ The PRESIDING OFFICER. The PLANT VARIETY PROTECTION. ate. We have superb people who assist (a) INFRINGEMENT OF PLANT VARIETY PRO­ clerk will call the roll. TECTION.-Section 111 of the Plant Variety us and staff us in our work. Despite so The legislative clerk proceeded to Protection Act (7 U.S.C. 2541) is amended­ many of the frustrations that we have call the roll. (1) by inserting "(a)" before "Except as to deal with here, I have not yet met Mr. LEVIN. Mr. President, I ask otherwise provided"; and anyone who has left this place who did unanimous consent that the order for (2) by adding at the end thereof the follow­ not experience a certain level of sad­ the quorum call be rescinded. ing new subsection: ness, similar to the sadness one experi­ The PRESIDING OFFICER. Without " (b) As used in this section, the term 'per­ ences when saying good-bye to one's objection, it is so ordered. form without authority' includes perform­ own family. The quality of the personal ance without authority by any State, any in­ relationships which are developed strumentality of a State, and any officer or among the people who work in every TREASURY SPEECH ON EXECUTIVE employee of a State or instrumentality of a PAY State acting in his official capacity. Any conceivable job here is what makes State, and any such instrumentality, officer, this place so very unique-and yes, in­ Mr. LEVIN. Mr. President, earlier or employee, shall be subject to the provi­ deed, even a family. this week, John Robson, Deputy Sec­ sions of this Act in the same manner and to So it is with some level of regret, but retary of the Treasury, gave an address the same extent as any nongovernmental en­ with an even greater level of admira­ to the Industrial Biotechnology Asso­ tity.". tion and pride, that I have for this very ciation. Robson is a former pharma­ (b) LIABILITY OF STATES INSTRUMENTAL­ special lady-that I note that Mary Ar­ ceutical company executive and former ITIES OF STATES, AND STATE OFFICIALS FOR INFRINGEMENT OF PLANT VARIETY PROTEC­ nold, a very important member of our director of a prominent biotechnology TION.-Chapter 12 of the Plant Variety Pro­ Senate family, has now graduated from firm. He spoke on issues related to ex­ tection Act (7 U.S.C. 2561 et seq.) is amended Georgetown University Law School, ecutive pay. Gi.ven his sentiments, I by adding at the end thereof the following and has accepted a position with an only hope he was not speaking for the new section: outstanding private sector government Treasury Department. Robson warned 14760 CONGRESSIONAL RECORD-SENATE June 12, 1992 that efforts to improve the information courages runaway executive pay that for his good words. He is one of the provided to stockholders about their damages our competitiveness. most thoughtful Members of this body. own CEO's pay "better be extremely Mr. Robson's performance as a apolo­ I have watched him for years as he has careful," because trying to put pay gist for complex pay disclosures and worked in the committees and on the data "in neat little box scores and off-the-books accounting, and his obvi­ floor. He probes for details. He gets charts * * * just ain't that simple." ous disdain for technocrats who insist into every nook and cranny of an issue. Well, that is the point. Executive pay on straightforward bookkeeping, is all He is a levelheaded, solid, bright, able, is not simple at all. Today, company the more disturbing because it is com­ effective, conscientious Senator. pay disclosures go on for pages and ing from one of the top officials in the Those words coming from him mean pages of legal jargon about stock op­ Treasury Department. a great deal to me, and I thank him tions, performance shares, performance Vice President QUAYLE, among oth­ very much. units, supplemental pension plans, and ers, has recognized the disconnect be­ more. It is so complex that even com­ tween executive pay and performance pensation experts need hours to figure and has called for reform. I think it is THE CONSTITUTIONAL AMEND- out an executive's total pay from a cor­ beyond dispute that the Federal Gov­ MENT TO BALANCE THE BUDGET poration's annual proxy statement. ernment is part of the problem. Confus­ Mr. BYRD. Mr. President, while I am Mr. Robson cautions the SEC against ing pay disclosures and inaccurate on my feet, I also want to thank Sen­ requiring a simple chart for these an­ stock option accounting lead the list of ator SIMON for the fine spirit in which nual corporate proxy statements that Government failures in this area. he acknowledged the futility of going adds up all the types of pay and pro­ I do not believe that the Federal Gov­ forward with the constitutional amend­ vides a bottom line total for each exec­ ernment should set pay in the private ment to balance the budget, in light, utive. But that is exactly what stock­ sector. But some of us are calling for especially, of the vote that occurred holders and investors need. the Federal Government to clean up its yesterday in the House. Senator SIMON Mr. Robson and I agree that the real act. Mr. Robson is not helping. fought a good fight on behalf of his watchdogs on executive pay should be amendment. the stockholders. But I believe that un­ COMPLIMENTS TO SENATOR BYRD He, too, is a very intelligent Senator. less we give them the tools they need, He approached this matter as he ap­ they cannot do the job. Mr. LEVIN. Mr. President, I see the proaches all issues. He approached it Mr. Robson also states that he President pro tempore is on the floor. with great enthusiasm. He went from "strongly opposes" actions to include While he is here, I want to tell him office to office and talked one-on-one stock option compensation in a compa­ what a masterful job he has done rel­ and personally with many, many Sen­ ny's books as an expense, a very impor­ ative to the budget, the proposed budg­ ators on both sides of the aisle to try tant reform which I have introduced in et amendment to the Constitution. to get support for his constitutional That amendment was and is a mistake. Senate bill 1198. Stock options, which The effort that was mounted against amendment to balance the budget. He today provide a hefty chunk of pay for it and would be mounted against it if it believed in what he was doing. He sin­ corporate executives, are the only type is going to be offered at a later point, cerely believes, I am sure, that the an­ of compensation which a company can that effort against it has been led by swer to the fiscal problems facing our deduct as an expense on its tax return, my friend from West Virginia, Senator country today is a balanced budget in but which it does not have to include the Constitution. in its books as an expense. BYRD. He is the best qualified person in There are others in the body who, I Companies can also claim these op­ the U.S. Senate to lead the effort against the constitutional amendment am sure, are just as dedicated, just as tions as a research expense to increase sincere, in their support of a balanced Mr. on the balanced budget. their R&D tax credit. That means It is an amendment which is mis­ budget amendment to the Constitu­ Robson is defending a system which al­ guided, which would distort the Con­ tion. That would have been the easy lows companies to treat stock options stitution, which would not accomplish way to go, of course, politically. as an expense when it comes to tax de­ the job that it seeks to accomplish and, So, I compliment Senator SIMON on ductions and tax credits, but not when in fact, would create a giant loophole his good nature, his unfailing equa­ it comes to the profit and loss state­ which would allow us to duck doing nimity, his ready smile, and his great ment. what we should do during the years of heart. In arguing against recognizing the its ratification, and then, if and when I also compliment those Senators expense, Mr. Robson says first that it is ratified, in fact not do the job that who had the courage to avoid the line there is no consensus on when compa­ it purports to do even if it ever became of least resistance had the matter been nies should include a charge to their part of the Constitution. taken up in this Senate. I compliment earnings. What he leaves out is the fact The Senator from West Virginia is a those in the other body who had the that there is a consensus on the more great defender of the Constitution. He courage to stand against a tidal wave basic issue, that some charge should be is fiscally responsible and wants to do of demagogic passion and emotion that made at some point. For example, the the job here and get it done by respon­ was about to sweep over the House of Financial Standards Accounting sible leadership here, now, in the legis­ Representatives. Board-the leading organization of ac­ lative body, and not just duck our re­ Mr. President, I have been on this counting professionals, which deter­ sponsibility by considering an amend­ Hill now for 40 years. I am in my 40th mines what are generally accepted ac­ ment which, again, if it were adopted, year. I served in the other body and I counting principles-has voted repeat­ would not accomplish the job. know a little something about it; not edly and unanimously that stock op­ So I want to congratulate him.on his as much as I would like to. But that tions have a value and a cost and ought effort. And let me tell him that if, in body is very close to the people-the to show up on a company's books as an fact, it is resumed, he will have a lot of Members run every 2 years--and it expense. people who will continue to work with touches the grassroots, it is near the Mr. Robson's counterargument is him to defeat this misguided effort to soil, it is near the forest and can see that using his words, even if the "tech­ distort our Constitution. the trees. nocrats" are right, no one is being hurt I now yield the floor and thank the It took strong leadership in the by the status quo. Chair. House and it took a great deal of cour­ Well, Mr. Robson is wrong. Stock­ Mr. BYRD addressed the Chair. age to stand against the demagoguery holders are hurt, investors are hurt, The PRESIDING OFFICER. The Sen­ that is being expressed at both ends of and the country is hurt by distorted ac­ ator from West Virginia. Pennsylvania Avenue with respect to counting that inflates company earn­ Mr. BYRD. Mr. President, I thank my the efficacy of a constitutional amend­ ings, hides compensation costs, and en- friend from Michigan, Senator LEVIN, ment to balance the budget-as a way June 12, 1992 CONGRESSIONAL RECORD-SENATE 14761 to go, that is easy, and which will force against the receipts. There are all Washington wanting money for State us, if I may put those two words in kinds of such unforeseen problems. programs. So do the State legislators. quotation marks, "force us" to do our I want to see our fiscal house in order Mr. President, this is the kind of de­ duty, "foree us" to take action to bal­ just as much as does any individual on bate we ought to have. The American ance the budget. the other side of the aisle or on this people are entitled to be informed Mr. President, I think the other body side of the aisle, or any President. I about the shallow shibboleths from the is to be complimented. I have seen both want to see a balanced budget. But, Mr. White House which run, "Well, the Houses in times like these when mat­ President, the groundwork has not States balance their budgets; 49 of the ters were before the bodies; I have seen been laid for that yet. We have not had States either have constitutional or m.en and women of courage take a a national debate. The American peo­ statutory requirements that they bal­ stand that was not popular, take a ple have not been informed of the ance their budgets. That is what I stand that was not calculated to get choices they would face. All they have need. Give me a constitutional amend­ them votes back home in the near heard is: "Give us a balanced budget ment. Then maybe the Congress will do term. amendment. The States balance their something. Then we can get together Many times when I was minority budgets. Here we are, almost $4 trillion with Congress and balance the budget." leader of the Senate, I told my col­ in debt. What we need is a balanced The American people need to be re­ leagues-and the distinguished Presid­ budget amendment so we will balance minded that a pipeline runs across the ing Officer, the senior Senator from our budget at the Federal level." Alleghenies, and south and north, and Montana [Mr. BAucus], who is in the Well, that is pure demagoguery, Mr. in all directions all over this country, Chair today, was in those conferences President. Somebody ought to tell the across the rivers, the prairies, and the when I was in the minority leader and people that the States would have a Rockies, through which these Federal we met in room S-211, the LBJ Room­ difficult time, indeed, if it were not for funds flow to help the State govern­ he will recall many times I said to my the billions of dollars that flow ments to balance their budgets. colleagues, "Vote for what you think is through the Federal pipeline directly So this is the kind of groundwork right today. You will not win because from Washington to the State capitols that needs to be laid. The American we are in the minority. We will lose. all around this country. people need to know about the pain But go in there and offer your amend­ Last year, 1991, $151 billion in Federal that is involved, choices they will have ment. You will lose. But do not think moneys went to the States. This year, to make. just in terms of today. Also think in fiscal year 1992, it is estimated-the fis­ I have heard Senators say: "Seventy­ terms of 6 months from today or a year cal year is not out yet; just esti­ seven percent of the American people from today or 18 months from today. mated-that $182 billion will flow from say they want a balanced-budget How will it look then when you look the Federal Government to the State amendment to the Constitution. Why back on it, not so much how it looks governments. Next year, the estimate should we not give the people what today but how it will look a year from is, I believe, that $199 billion will flow they want? The American people want today?" to the States. it; 77 percent-77 percent of the Amer­ And it is that way with the many dif­ Mr. President, the Governors and ican people say they want a constitu­ ficult issues that we have to come to State legislators are kidding us when tional amendment to balance the budg­ grips with. How will it look a year they say to us, "You ought to have a et. And why do we not give it to away? Now will it look 10 years away? balanced budget amendment in the them?" How will it look to our children and Constitution so you can balance your Mr. President, 77 percent of the grandchildren? What will they think of budget like we do ours." Of course, American people are not saying that us? there are lots of gimmicks at the State they want an amendment. Seventy­ Those perspectives, perhaps, are level, as I have said, as well. The seven percent of the American people more important because they are more States have two budgets, as I said the are saying they are concerned about lasting and more eternal. So I have to other day: An operating budget and a the fiscal situation that confronts this compliment those in the other body country. The polls ask, do you favor a capital budget. balanced-budget amendment? The peo­ who were willing to take a tough But aside with that for the moment. ple say, "Yes." stand. And there were a few of them Let there be a balanced budget amend­ But we do not ask the questions in who were willing to change their ment added to the Federal Constitu­ those polls: "Would you like to have minds. tion and the Congress will be forced to your taxes raised? Would you like to Emerson said: stop funding a lot of the programs that have Social Security payments cut? A foolish consistency is the hobgoblin of the Federal Government now funds. Would you want to see veterans' pen­ little minds, admired by little statesmen and And the Federal Government will have philosophers and divines. sions, veterans' compensation and to raise taxes. Then where will the other entitlements cut? Do you want It took courage for members to States be? Instead of $182 billion flow­ military spending cut?" In each of change their minds. That is a pretty ing through that direct pipeline from these questions, the 77 percent would tough thing to do. But only the foolish Washington to the State capitols-as shrivel, Mr. President. and the dead never change their minds. will be the case this year-that money Do you want a balanced-budget Mr. President, we all want to balance will be cut off. We will have to say to amendment to the Constitution? Yes. the budget. There is not a Senator in the States: "Look, you will have to Count me as one. this body who opposed the balanced shift for yourselves on these programs How about increasing your taxes? budget amendment who does not also from now on; we can no longer fund Well, I do not know about that. No, I want a balanced budget. But he also re­ them at the Federal level. That's your do not want our taxes raised. alizes that the balanced budget amend­ problem now. Moreover, we are going Well, you folks in the States that ment is but a "quick fix," and will not to have to raise taxes at the Federal have big defense contracts, do you bring about a balanced budget. level, now that we have this new want to see a cut in military spending? We also realize that there are times amendment in the Constitution. We That might mean fewer jobs. Well, I when we must have an unbalanced have to raise taxes. That is going to would have to think about that. budget. In a time of recession, we have undercut your tax base at the State Now, 77 percent say they want a bal­ to have an unbalanced budget. There level." anced budget amendment added to the are other times-in times of military I know about these Governors. They Constitution. How about cutting Social conflict-when we have to have an un­ come to Washington. They are good Security? No. No. We can't have that, balanced budget. Disasters sweep over men, and they are faithful to their re­ they would answer. the land, unforeseen, God-made, that sponsibilities. They try to do a good The press and the politicians need to will put out of kilter the outlays as job for their States. But they come to understand that while 77 percent of the 14762 CONGRESSIONAL RECORD-SENATE June 12, 1992 American people may answer "Yes" to taxes will we have to have? Arid what Party. We are forgetting about the the pollster's questions whether they taxes? How much of a cut in entitle­ Democratic Party. I have a plan; this is want a balanced budget amendment to ments, and where will the cuts be it." the Constitution, that is not the long made? How much of a cut in military Now, if the President would send up and the short of it. Give them their spending is the President willing to that kind of plan and stop offering choices. What are your choices? What make beyond the $50 billion that he has snake oil cures, but offer a plan that are you ready to sacrifice? Do you indicated he is willing to make over a involves sacrifice and pain and is even­ favor a tax increase? Should Social Se­ 5-year period, $50 billion in budget au­ ly balanced across the board, that is curity be cut back? Where are you pre­ thority and $27 billion in outlays? Why equally shared, certainly by some cuts pared to give? not also cut foreign aid? A constitu­ in entitlements, foreign aid spending Mr. President, Marius was one of the tional amendment to balance the budg­ cuts, military spending cuts, and also great Roman generals, and it had been et would spare President Bush all polit­ some tax increases to balance the prophesied that he would be made con­ ical pain for the next 4 years, if he is budget, then the American people sul seven times. He, indeed, became reelected, after which, he could retire would understand. This would not be a consul seven times. He only lived a few to Maine and sit in the old rocking gimmick. They would understand that days after he was made consul the sev­ chair or ride around in his speedboat or this involves pain. enth time. But upon one occasion, he play golf. This is no criticism of that. But the balanced budget amendment put himself under the surgeon's knife. Some people like to play golf, some involves no pain on its surface. It does He had wens, or benign tumors, on his like to play tennis, some like to watch not cost the taxpayers one thin dime. legs. He was advised that he should TV, some like to booze it up and get It does not cut one copper penny, one have an operation. He forthwith put drunk and go sleep it off and have a of the old Indian head pennies. It does himself in the hands of the surgeon and carryover headache the next morning. not cut one out of any program-it is under the surgeon's knife. There was Some of us like to do other things, read painless, orderless, tasteless, easy to no anesthesia in those days. Marius ex­ history, whatever. But the President swallow. perienced excruciating pain from the should send us up a plan, stop talking Mr. President, I thank my colleagues operation on one of his legs. about a constitutional amendment to who were willing to take a stand Plutarch says that Marius never balance the budget, and spell out the against the balanced budget amend­ winced. There was no noticeable details. If the President is going to ment to the Constitution, and I again change in his facial expression as the beat the Congress over the head when congratulate Senator SIMON. I hope, if surgeon used the knife. But after the it raises taxes, then Congress is not this matter ever comes up in the Sen­ surgeon had completed his work on one going to raise taxes to balance the ate again, he will suffer a change of of Marius' legs and turned to the other, budget unless we have him on board. heart on this matter. He will have time Mari us said, no thanks, "The pain is He has to walk the plank with us, and in the meantime to think it over and not worth the cure." then we do not clobber each other. The contemplate. We are all in the same And so it is with these polls. Sev­ balanced budget amendment had its boat together; he and I and our col­ enty-seven percent of the American . day in the other body and was shot leagues are all in it together when it people say they want a balanced budget down. Mr. Bush made that amendment comes to wanting to get these budget amendment; yet, here is this intran­ an article of faith at the White House. deficits down and under control. We sigent minority, a little handful of That is gone now, blown out of the have to do it. What is the approach? Senators, frustrating the American water. Now, the President should send That is the question, and the President people who want a balanced budget us a plan. of the United States can lead the way. amendment added to the Constitution. He is the only individual in this (Mr. WELLSTONE assumed the But, Mr. President, we are not asking country who is elected to lead; 535 chair.) the American people, What are your Members cannot lead. I might try to choices? Is the pain going to be worth lead, but there are 99 other Members of the cure? this body who also want to lead. He is THE 777TH ANNIVERSARY OF THE Mr. President, we do not need a bal­ the only individual who can lead; he SIGNING OF THE MAGNA CARTA anced budget amendment to the Con­ was elected to lead; he was elected to Mr. BYRD. Mr. President, June 15, stitution. I am not saying the Con­ be the President of the United States. may I point out, is the 777th anniver­ stitution should never be amended in If the President will lead, we will fol­ sary of the signing of the Magna Carta. some particular. The Constitution, in low. If it involves pain, it must be pain Seven hundred and seventy-seven years article V, provides for its own amend­ across the board. The budget cannot be ago, in the year 1215 and June 15, King ing. Jefferson said the people have a balanced entirely on the backs of the John put his name on the dotted line right to change their Constitution, to recipients of entitlements and manda­ and signed the Magna Carta, the great change their form of government. The tory programs. It cannot be balanced charter of English liberty from which process for its own amending was writ­ entirely by an increase in taxes. It can­ many of our own liberties, many of the ten into the Constitution by our fram­ not be balanced entirely through cuts clauses, phrases, and sentences in our ers. in military spending. It is going to own Constitution flow. So when we But that is not what we should do take some of all. But we need the speak of our Constitution, our Con­ here. We must not amend the Constitu­ President, and we need to lock arm in stitution is not just 200 years old. tion in a way that could destroy the arm when we go out into the Rose Gar­ Wendell Phillips said, "All that is checks and balances and separation of den, and the President says, "Ladies valuable in the United States Constitu­ powers, which are the very pillars on and gentlemen, there is a lot of pain in­ tion is one thousand years old." Wen­ which this representative democracy volved here, but we are walking this dell Phillips had read his English his­ rests. plank together. These Members of Con­ tory. That is what we are talking about Why doesn't the President simply gress-the Republican leadership, the tampering with here. We are talking send up a plan? He has the bully, bully Democratic leadership-and I, the big about changing a system of govern­ pulpit. Let him send up a plan that in­ boy, bully bully pulpit, the man in the ment that was the dream of dicates how the surgery will be per­ Oval Office, are all in this together. I Montesquieu, and was the work of the formed, that lets us know and lets the am not going to clobber them; they are constitutional framers. We are talking American people know what the pain not going to clobber me. We are doing about a Constitution that had its roots will be before the matter is subjected this for you, the American people, for far back into the misty centuries of to the political surgeon's knife. your children and our children. This is English history. Let the President say where the pain for the future, this is for the country. Seven hundred and seventy-seven will be. How much of an increase in We are forgetting about the Republican years ago the barons, in the meadow by June 12, 1992 CONGRESSIONAL RECORD-SENATE 14763 the Thames River at Runnymede, with in national cemeteries to persons who have gram, and for other purposes; to the Com­ their swords in their hands, standing 20 years of service creditable for retired pay mittee on Finance. behind King John said, "Do it!" And he as members of a reserve component of the The following concurrent resolution Armed Forces, and for other purposes; did it. He signed the Magna Carta, the H.R. 5006. An act to authorize appropria­ was read, and referred as indicated: great charter of English liberty. We tions for fiscal year 1993 for military activi­ H. Con. Res. 232. A concurrent resolution Americans owe much to the Anglo-Sax­ ties of the Department of Defense, for mili­ calling on the leaders of the independent ons and the Normans, the people of the tary construction, and for defense activities states of the former Soviet Union to take British Isles, which was the mother­ of the Department of Energy, to prescribe steps to implement all commitments on land of many of our ancestors. Many of personnel strengths for such fiscal year to human rights, fundamental freedoms, and the Armed Forces, and for other purposes; humanitarian cooperation contained in the our liberties go back in straight lines Helsinki Final Act and other documents of to the great charters, the Petition of H.R. 5260. An act to extend the emergency unemployment compensation program, tore­ the Conference on Security and Cooperation Rights, the English Bill of Rights, the vise the trigger provisions contained in the in Europe; to the Committee on Foreign Re­ Coronation Charter, the Magna Carta, extended unemployment compensation pro­ lations. various other documents and statutes gram, and for other purposes; and and precedents that are embedded in H.J. Res. 320. Joint resolution authorizing the dusty pages of English history. the Government of the District of Columbia EXECUTIVE AND OTHER So let us remember on this weekend to establish, in the District of Columbia or COMMUNICATIONS the Magna Carta. Let us also remember its environs, a memorial to African-Ameri­ The following communications were that the vote in the House of Rep­ cans who served with Union forces during laid before the Senate, together with resentatives yesterday was but another the Civil War. accompanying papers, reports, and doc­ thread in the fabric of history and that The message also announced that the uments, which were referred as indi­ we own so very much to those English House has agreed to the following con­ cated: barons who were willing to pledge their current resolution, in which it requests EC-3413. A communication from the Assist­ own lives and their fortunes and their. the concurrence of the Senate: ant Secretary of State (Legislative Affairs), sacred honor when they took King H. Con. Res. 232. A concurrent resolution transmitting, pursuant to law, the annual re­ John to the table, placed a pen in his calling on the leaders of the independent port on security assistance program alloca­ hand and said, "Sign it! Do it!" And states of the former Soviet Union to take tions for fiscal year 1992; to the Committee steps to implement all commitments on on Appropriations. King John did it. The Magna Carta was human rights, fundamental freedoms, and EC-3414. A communication from the Sec­ reaffirmed in 1216, the very next year, humanitarian cooperation contained in the retary of Transportation, transmitting, pur­ and many times it has since been re­ Helsinki Final Act and other documents of suant to law, the biennial report on the per­ affirmed throughout the long and tor­ the Conference on Security and Cooperation formance and condition of public mass trans­ tuous course of English history. in Europe. portation systems in the United States dated The message further announced that June 1992; to the Committee on Banking, pursuant to section 303(c) of Public Housing, and Urban Affairs. MESSAGES FROM THE HOUSE EC-3415. A communication from the Direc­ RECEIVED DURING THE RECESS Law 101-549, the minority leader ap­ tor of the Office of Management and Budget, points Dr. Virginia V. Weldon of St. Executive Office of the President, transmit­ Under the authority of the order of Louis, MO, as a member from private ting, pursuant to law, a pay-as-you-go status January 3, 1991, the Secretary of the life of the Risk Assessment and Man­ report; to the Committee on the Budget. Senate, on June 11, 1992, during the re­ agement Commission on the part of the EC-3416. A communication from the Direc­ cess of the Senate, received a message House. tor of the Office of Management and Budget, from the House of Representatives an­ Executive Office of the President, transmit­ nouncing that the Speaker has signed ting, pursuant to law, a report on H.R. 4990, the following enrolled bill and joint MEASURES REFERRED an act rescinding certain budget authority; resolutions: to the Committee on the Budget. The following bills were read the first EC-3417. A communication from the Assist­ S. 756. An act to amend title 17, United and second times by unanimous con­ ant Secretary of State (Legislative Affairs), States Code, the copyright renewal provi­ sent, and referred as indicated: transmitting, pursuant to law, the second sions, and for other purposes; H.R. 3614. An act amending the Land Re­ and third annual reports of the Federal H.J. Res. 442. Joint resolution to designate mote-Sensing Commercialization Act of 1984 States of Micronesia on the receipt and ex­ July 5, 1992, through July 11, 1992, as "Na­ to secure United States leadership in land re­ penditure of funds made available under the tional Awareness Week for Life-Saving Tech­ mote-sensing by providing date continuity Compact of Free Association; to the Com­ niques"; and for the Landsat program and by establishing mittee on Energy and Natural Resources. H.J. Res. 445. Joint resolution designating a new national landsat policy, and for other EC-3418. A communication from the Dep­ June 1992 as "National Scleroderma Aware­ purposes; to the Committee on Commerce, uty Associate Director for Collection and ness Month." Science, and Transportation. Disbursement, Minerals Management Serv­ H.R. 4342. An act to amend title 38, United ice, Department of the Interior, transmit­ States Code, to expand job assistance pro­ ting, pursuant to law, a report on the refund MESSAGES FROM THE HOUSE gram for Vietnam era veterans, and for other of certain offshore lease revenues; to the At 11:40 a.m., a message from the purposes; to the Committee on Veterans' Af­ Committee on Energy and Natural Re­ House of Representatives, delivered by fairs. sources. Ms. Goetz, one of its reading clerks, an­ H.R. 4368. An act to amend title 38, United EC-3419. A communication from the Assist­ nounced that the House has passed the States Code, to extend eligibility for burial ant Secretary of State (Legislative Affairs), in national cemeteries to persons who have transmitting, pursuant to law, a report on following bills and joint resolution, in 20 years of service creditable for retired pay human rights activities in Ethiopia for the which it requests the concurrence of as members of a reserve component of the period January 14-April 15, 1992; to the Com­ the Senate: Armed Forces, and for other purposes; to the mittee on Foreign Relations. H.R. 3614. An act amending the Land Re­ Committee on Veterans' Affairs. EC-3420. A communication from the Assist­ mote-Sensing Commercialization Act of 1984 H.R. 5006. An act to authorize appropria­ ant Legal Advisor for Treaty Affairs, Depart­ to secure United States leadership in land re­ tions for fiscal year 1993 for military activi­ ment of State, transmitting, pursuant to mote-sensing by providing date continuity ties of the Department of Defense, for mili­ law, a report on international agreements, for the Landsat program and by establishing tary construction, and for defense activities other than treaties, entered into by the a new national landsat policy, and for other of the Department of Energy, to prescribe United States in the sixty day period prior purposes; personnel strengths for such fiscal year for to June 4, 1992; to the Committee on F.oreign H.R. 4342. An act to amend title 38, United the Armed Forces, and for other purposes; to Relations. States Code, to expand job assistance pro­ the Committee on Armed Services. EC-3421. A communication from the Chair­ gram for Vietnam era veterans, and for other H.R. 5260. An act to extend the emergency man of the Production Credit Association purposes; unemployment compensation program, to re­ Retirement Plan, transmitting, pursuant to H.R. 4368. An act to amend title 38, United vise the trigger provisions contained in the law, the annual pension report of the First States Code, to extend eligibility for burial extended unemployment compensation pro- South Production Credit Association for the 14764 CONGRESSIONAL RECORD-SENATE June 12, 1992 plan year ended December 31 , 1991; to the ernmental Affairs, jointly, pursuant to the who have questioned whether a con­ Committee on Governmental Affairs. order of August 4, 1977, with instructions stitutional amendment to balance the EC-3422. A communication from the Ad­ that when one Committee reports, the other budget really accomplished the fiscal ministrator of the National Aeronautics and Committee have thirty days to report or be Space Administration, transmitting, pursu­ discharged. responsibility that was necessary and ant to law, the semiannual report of the Of­ By Ms. MIKULSKI: that, as a matter of fact, it could be an fice of Inspector General, National Aero­ S. 2846. A bill to amend the Office of Fed­ illusion and take away from us the re­ nautics and Space Administration, for the eral Procurement Policy Act to provide for sponsibility that ultimately only we period ended March 31 , 1992; to the Commit­ the participation of historically Black col­ have, in the House and the Senate, and tee on Governmental Affairs. leges and universities in federally funded re­ in the executive branch as well, to EC-3423. A communication from the Chair­ search and development activities; to the present and adopt and follow a sound man of the Council of the District of Colum­ Committee on Governmental Affairs. and sensible fiscal policy. bia, transmitting, pursuant to law, copies of This year the Federal Government D.C. Act 9-222 adopted by the Council on will spend approximately $365 billion June 2, 1992; to the Committee on Govern­ STATEMENTS ON INTRODUCED mental Affairs. BILLS AND JOINT RESOLUTIONS more than it will take in in revenue. It EC-3424. A communication from the Chair­ is a new record for deficit spending, man of the Board of Directors of the Panama By Mr. GLENN: and we are all very aware of that. Canal Commission, transmitting, pursuant S. 2844. A bill to clear certain impedi­ Public concern, of course, has grown to law, the semiannual report of the Office of ments to the licensing of a vessel for increasingly, as it periodically has over Inspector General, Panama Canal Commis­ employment in the coastwise trade and the last 10 or 12 years, when all of a sion, for the period ending March 31, 1992; to fisheries of the United States; to the sudden we realize the deficit is growing the Committee on Governmental Affairs. Committee on Commerce, Science, and and we do not seem to be able to do EC-3425. A communication from the Comp­ Transportation. much about it. troller General of the United States, trans­ Many people in this Chamber, as well mitting, pursuant to law, a list of reports is­ REMOVAL OF IMPEDIMENTS TO LICENSING OF A sued by the General Accounting Office for CERTAIN VESSEL as elsewhere, have believed the con­ the month of April1992; to the Committee on • Mr. GLENN. Mr. President, today I stitutional amendment was the solu­ Governmental Affairs. am introducing a bill that will grant tion. I think there is now an oppor­ EC-3426. A communication from the Dis­ coastwise privileges to barge MM 262, a tunity for us to show that we can take trict of Columbia Auditor, transmitting, pur­ barge owned by Standard Lafarge Corp. some concrete action that will, indeed, suant to law, a report entitled "Review of This barge was built, registered, op­ help us reach the goal. Receipts and Disbursements of the Office of erated, and refitted in the United We can do a lot of talking about the the Public Service Commission's Agency goals. We can do a lot of talking about Trust Fund"; to the Committee on Govern­ States. In 1991, it was sold to a Cana­ dian subsidary of Lafarge. The barge a constitutional amendment. But if we mental Affairs. are not really willing to take some of EC-3427. A communication from the In­ was never documented or registered in spector General of the Office of Personnel Canada. Foreign ownership of the ves­ the necessary steps to help us get Management, transmitting, pursuant to law, there, then I believe we have failed. sel prohibits the reregistration of the Given this background, I think it is the semiannual report of the Office of In­ barge in the United States without the spector General, Office of Personnel Manage­ passage of this bilL clear at the very least Congress needs ment, for the period ended March 31, 1992; to to reevaluate the way it spends tax­ the Committee on Governmental Affairs. Lafarge is a U.S. corporation with ex­ payers' money. In today's environ­ EC-3428. A communication from the Chair­ tensive cement and aggregate oper­ ment, all Federal spending programs man of the Council of the District of Colum­ ations on the Great Lakes. Lafarge has should be carefully examined to deter­ bia, transmitting, pursuant to law, copies of attempted on several occasions to hire mine if they are serving the purpose for Council Resolution 9-262, a request for legal a carrier for their cargo, but without which they were intended. If they are, admission of Haitian refugees into the Unit­ success. Lafarge has immediate need ed States; to the Committee on Govern­ fine. If they are not, then the programs for the barge, and seeks reregistration should be revamped or eliminated. mental Affairs. in the United States. EC-3429. A communication from the Assist­ With a stagnant deficit, we can no ant Attorney General (Legislative Affairs), Tugs to pull the unmanned barge MM longer afford to spend money on pro­ transmitting a draft of proposed legislation 262 would be chartered from U.S. Great grams, no matter how well intentioned, to improve the administration of bankruptcy Lakes Companies, adding to employ­ which are ineffective or unproductive. estates, and for other purposes; to the Com­ ment opportunities on the lakes. The Mr. President, the entitlement pro­ mittee on Governmental Affairs. barge would haul only proprietary grams or the mandatory spending for EC-3430. A communication from the Direc­ cargo. these entitlement programs now ac­ tor of the Federal Bureau of Prisons, trans­ In closing, I urge that this request is count for approximately 50 percent of mitting, pursuant to law, the annual report given favorable consideration.• of the Board of Directors of Federal Prison the Federal budget. Since entitlements Industries, Inc. for fiscal year 1991; to the are not subject to the annual appro­ Committee on the Judiciary. By Mrs. KASSEBAUM: priations process, these programs often S. 2845. A bill to require annual ap­ receive minimal review by the Con­ propriations for all direct spending, in­ gress, and more and more we are trying INTRODUCTION OF BILLS AND cluding entitlement programs and ex­ to move more and more spending ini­ JOINT RESOLUTIONS cepting Social Security, and biannual tiatives to entitlement programs by The following bills and joint resolu­ authorizations for direct spending au­ which you are automatically funded if tions were introduced, read the first thority; pursuant to the order of Au­ you meet the necessary requirements, and second time by unanimous con­ gust 4, 1977, referred jointly to the particularly income or age levels. In sent, and referred as indicated: Committee on the Budget and the Com­ fact, because of the politically sen­ By Mr. GLENN: mittee on Governmental Affairs. sitive nature of many of these pro­ S. 2844. A bill to clear certain impediments DIRECT SPENDING AND ENTITLEMENT PROGRAM grams, most Members are even reluc­ to the licensing of a vessel for employment ACCOUNTABILITY ACT tant to question their operations. in the coastwise trade and fisheries of the Mrs. KASSEBAUM. Mr. President, I If we are truly going to address our United States; to the Committee on Com­ am here to speak on a matter regard­ financial problems, Mr. President, I merce, Science, and Transportation. ing our own economy, and how our own suggest we cannot continue to throw By Mrs. KASSEBAUM: budget shapes much of what we are money blindly at these entitlement S. 2845. A bill to require annual appropria­ programs. Perhaps blindly is not the tions for all direct spending, including enti­ able to do. There has been a lot of de­ tlement programs and excepting Social Se­ bate in the course of the past 2 weeks best word to use, because, clearly, if we curity, and biannual authorizations for di­ about whether we should adopt a con­ are a recipient and a participant of this rect spending authority; to the Committee stitutional amendment to balance the mandatory spending, we would regard on the Budget and the Committee on Gov- budget. There have been many of us it as very important, and much of it is. June 12, 1992 CONGRESSIONAL RECORD-SENATE 14765 The legislation I am introducing black colleges and universities and lection. And finally, this exposure will today, Mr. President, would require nonprofit organizations in Federal re­ fuel student interest in research and that all entitlement programs, except search and development activities. development and stimulate academic for Social Security, be subject to the These colleges have not benefited from growth. appropriation process beginning in such federally connected activity. This bill not only ensures the partici­ 1994. It would not be automatic, man­ This bill requires that not less than pation of these important institutions, datory spending. It would revert back five historically black colleges and uni­ but it also provides for the develop­ to the yearly appropriations process, versities [HBCU] be designated as fed­ ment of future scholars as the students which I argue would give us a better erally funded research and develop­ who attend these colleges and univer­ opportunity to more thoroughly review ment centers [FFRDC's]. This legisla­ sities receive advanced higher level of the programs, decide when, as a matter tion will cost the Federal Government learning. of fact, we may need to spend more and nothing to enact. It simply affords I hope you will join me in cosponsor­ when we may need to spend less. HBCU's the opportunity to contribute ing this legislation to ensure that In addition, this legislation would re­ to America's research and development HBCU's are included as part of our na­ quire that these programs be reauthor­ projects. tional effort to achieve excellence in ized every 2 years. They would no FFRDC's provide specialized research research and development.• longer be automatic entitlement and to the Government on a continuous mandatory spending provisions. basis in such areas as health, science, Enactment of this legislation would and defense. Most agree that HBCU's ADDITIONAL COSPONSORS force Congress periodically to evaluate have not participated in the Federal s. 709 each entitlement program to deter­ procurement policy system the way At the request of Mr. HATCH, the mine its value to a financially strapped they should. Yet, HBCU's have a great name of the Senator from Kansas [Mr. nation. Programs which work can and deal to contribute to our national goal DOLE] was added as a cosponsor of S. should be continued and perhaps even of increasing America's knowledge and 709, a bill to amend the Internal Reve­ expanded. However, programs that are competitiveness in these areas. nue Code to allow a deduction for not functioning as they were intended In my own State of Maryland, the qualified adoption expenses, and for at the time they were initiated should historically black colleges and univer­ other purposes. not continue without modification. At sities are doing great things. As part of s. 781 a time when our Government is forced the space grant program, Morgan State At the request of Mr. SARBANES, the to borrow money just to pay its bills, I University, in Baltimore, MD, is able name of the Senator from New York think we owe it to the American tax­ to use its own expertise to provide [Mr. D' AMATO] was added as a cospon­ payer to make sure Government spend­ space research to NASA as part of the sor of S. 781, a bill to authorize the In­ ing programs are operating efficiently, NASA grant consortia. Morgan State dian American Forum for Political and there is no way, Mr. President, I has done an outstanding job through Education to establish a memorial to think we can do that on our entitle­ its involvement in the space grant. It Mahatma Gandhi in the District of Co­ ment programs unless we are willing to has increased research opportunities lumbia. subject them to the authorization and for faculty and enhanced curriculum s. 1361 appropriations process. In my opinion, and course development in the areas of At the request of Ms. MIKULSKI, the the best way to make that determina­ science and space technology. Because name of the Senator from Pennsylva­ tion on the effectiveness of those oper­ this program has been so successful, nia [Mr. WOFFORD] was added as a co­ ations is to subject them to that scru­ NASA will funnel its future needs for sponsor of S. 1361, a bill to remedy the tiny. space research and information I realize, Mr. President, there is not serious injury to the United States through Morgan State. shipbuilding and repair industry caused going to be a growing list of enthusias­ That's not all, Mr. President. At the tic cosponsors of this legislation, but I by subsidized foreign ships. University of Maryland Eastern Shore, s. 1476 think if we are serious about what we they are working on a variety of re­ need to do in a thoughtful fashion, to At the request of Mr. DANFORTH, the search and development projects from name of the Senator from Arkansas show that we can govern, to show that textile testing of parachutes for NASA we are willing to genuinely undertake [Mr. PRYOR] was added as a cosponsor to a toxicology study on one type of of S. 1476, a bill to recognize the orga­ a sound and sensible fiscal policy, then diesel fuel for the National Institutes it seems to me this is one way to get nization known as the Shepherd's Cen­ of Environmental Health Sciences, to ters of America, Incorporated. started. studies done for USDA on the effects Mr. DOLE. Mr. President, I thank my on insecticides polluting Chesapeake s. 2735 colleague from Kansas for a very fine Bay and the molting of the blue crab. At the request of Mr. JOHNSTON , the statement, her typical courageous ap­ These are just examples of the great name of the Senator from North Caro­ proach to a problem. contributions historically black col­ lina [Mr. SANFORD] was added as a co­ leges and universities can make to our sponsor of S. 2735, a bill to establish a By Ms. MIKULSKI: national research program to improve S. 2846. A bill to amend the Office of society. To establish HBCU's as FFRDC's the production and marketing of Federal Procurement Policy Act to sweetpotatoes and increase the con­ provide for the participation of histori­ would allow these institutions to con­ tinue to make important contributions sumption and use of sweetpotatoes by cally black colleges and universities in domestic and foreign consumers. federally funded research and develop­ to society, and also to share equitably in the Federal resources available for s. 2736 ment activit ies; to the Committee on At the request of Mr. LIEBERMAN, the Governmental Affairs. scientific and technical research. This legislation is not only impor­ name of the Senator from North Caro­ PARTICIPATION OF HISTORICALLY BLACK COL­ lina [Mr. SANFORD] was added as a co­ LEGES AND UNIVERSITIES IN FEDERALLY tant to this country's overall develop­ FUNDED RESEARCH AND DEVELOPMENT AC­ ment, but it also provides an invalu­ sponsor of S. 2736, a bill to prohibit the TIVITIES able opportunity for students to work Secretary of Health and Human Serv­ • Ms. MIKULSKI. Mr. President, today as research assistants for faculty mem­ ices from taking any action with re­ I am introducing legislation that I be­ bers on Federal research projects. Stu­ spect to certain alleged violations of lieve is very important to this coun­ dents will have the opportunity to gain the requirements of title IV of the So­ try's research and development activi­ work experience inside and outside of cial Security Act. ties. the classroom because they will have s. 2794 This legislation is designed to in­ the opportunity to monitor experi­ At the request of Mr. DOLE , the name clude the participation of historically ments out in the field and for data col- of the Senator from Wyoming [Mr. 59-059 O-!l7 Vo l. 138 (Pt. 11 ) 2 14766 CONGRESSIONAL RECORD-SENATE June 12, 1992 WALLOP] was added as a cosponsor of S. the world to prevent hunger-it is rath­ appointing test of world peacekeeping 2794, a bill to relieve the regulatory er a matter of getting it to the hungry. capabilities following the conclusion of burden on depository institutions, par­ We must do all we can to help these the cold war. It is also in the process of ticularly on small depository institu­ countries survive this disaster. establishing a dangerous precedent re­ tions, and for other purposes. Rather, my purpose is to mention a garding the use of force to settle both SENATE JOINT RESOLUTION 312 bright side to this otherwise gloomy internal and international ethnic dis­ At the request of Mr. GORTON, the picture. Lately, the Agency for Inter­ putes. name of the Senator from California national Development has been the Throughout the past year, Serbian [Mr. SEYMOUR] was added as a cospon­ focus of severe criticism by Congress President Slobodan Milosevic has re­ sor of Senate Joint Resolution 312, a and the press. I have been very critical peatedly misled former United States joint resolution proposing an amend­ myself of persistent management and Secretary of State Cyrus Vance and ment to the Constitution to provide for accountability problems at AID. How­ others engaged in international peace­ a runoff election for the offices of the ever, the public also needs to know keeping missions to the region. Over President and Vice President of the when AID is doing its job well, and its and over again, the world has been as­ United States if no candidate receives response to the southern Africa sured of Serbia's peaceful desires, of its a majority of the electoral college. drought is one example. interest in ceasefires, and of its benign When asked to describe AID's re­ intentions first toward Slovenia, then SENATE RESOLUTION 306 sponse to the drought in Mozambique, Croatia, and now Bosnia-Hercegovina. At the request of Mr. D'AMATO, his the head of that country's emergency Each time, President Milosevic has name was added as a cosponsor of Sen­ relief effort said AID's contribution lied, and each time, innocent civilians ate Resolution 306, a resolution relat­ had been outstanding and fantastic. have died as a result of those lies. It is ing to the enforcement of United Na­ That is pretty high praise for what for these reasons that the weekly, tions Security Council resolutions call­ could only be described as a huge and sometimes almost daily announce­ ing for the cessation of hostilities in complex effort to reach millions of peo­ ments of temporary truces and the former territory of Yugoslavia. ple facing starvation in a country ceasefires no longer provide a firm where much of the transport infra­ grounds for optimism or hope. AMENDMENTS SUBMITTED structure has been destroyed by war. The fact is that President Milosevic AID saw the drought coming and got and Bosnian Serb leader Radovan its emergency relief program started Karadzic have been perpetrating large­ TRADEMARK REMEDY early. Thousands of· people who would scale cold-blooded murder in Bosnia­ CLARIFICATION ACT have died were saved. Hercegovina and calling it self-defense. The drought is far from over and far They have conjured up the myth that more needs to be done throughout the Bosnian Serbs are being persecuted in DECONCINI AMENDMENT NO. 2372 southern Africa region to avert a fam­ that Republic and that they are some­ Mr. DECONCINI proposed an amend­ ine that still threatens the lives of mil­ how defending Western civilization ment to the bill (S. 759) to amend cer­ lions. As chairman of both the Foreign from a potential tidal wave of Islamic tain trademark laws to clarify that Operations Subcommittee and the Ag­ fundamentalism. In fact, they are carv­ States, instrumentalities of States, riculture Committee I will do all I can ing up the one Republic in former and officers and employees of States to help AID get food and other relief Yugoslavia where a real commitment acting in their official capacity, are supplies to the people who need it. to interethnic cooperation had pre­ subject to suit in Federal court by any Many people disagree about the goals viously existed. And the sad reality is person for infringement of trademarks, of our foreign aid program in the post­ that the instances of brutality that and that all the remedies can be ob­ cold-war era. But I believe there is one have been directed against Serbs in tained in such suit that can be ob­ thing we all agree on-that the United this Republio-and there have been tained against a private entity, as fol­ States has a moral responsibility to some-appear to have come as a reac­ lows: help prevent famine, whether in Africa, tion to Serbian aggression, and simply Asia or anywhere else. I commend AID cannot be considered its cause. On page 4, strike lines 7 and 8 and insert in I hope the entire world understands lieu thereof the following: for its efforts.• (1) by redesignating paragraphs (1) and (2) that Serbia's present leaders do not re­ as subparagraphs (A) and (B), respectively; flect the Serbian people, as a whole, (2) by inserting "(1)" after "(a)"; and THE CRISIS IN THE BALKANS nor do they do justice to the legitimate (3) by adding at the end thereof: • Mr. KERRY. Mr. President, yester­ concerns raised by Serbians about day morning, the Senate Foreign Rela­ interethnic violence in the past. Presi­ tions Committee, on which I serve, ap­ dent Milosevic and his allies have, ADDITIONAL STATEMENTS proved a resolution sponsored by the through their deception and aggres­ junior Senator from Michigan, Senator sion, forfeited any claim to trust from LEVIN, urging the Secretary General of former friends and adversaries alike. THE DROUGHT IN SOUTHERN the United Nations to prepare to take My strongest hope is that the steady AFRICA the steps that might be necessary to erosion in domestic support for Presi­ • Mr. LEAHY. Mr. President, southern bring peace to the former Republics of dent Milosevic, which we have seen in Africa today is battling with the most Yugoslavia. the actions of the church and the So­ severe drought in recent history. Food It was not a vote to authorize mili­ cialist Party of Yugoslavia in recent shortages are in the millions of tons, tary intervention; but it was a vote to weeks, will grow stronger with each and the means to get emergency food serve warning that multilateral mili­ passing day. and medicines to the needy are inad­ tary intervention, undertaken strictly The resolution approved yesterday by equate. The question is no longer for peacemaking purposes, can no the Foreign Relations Committee rec­ whether people will starve, but how longer be ruled out. ognizes the fact that both the United many. For a country like Mozambique Unlike natural disasters, the tragedy States, and the international commu­ which for a decade has been engulfed in unfolding today in Bosnia-Hercegovina nity as a whole, have a responsibility a civil war that has devastated its own is strictly manmade. It is a product of to resist and oppose the forces in Bel­ agriculture production, this drought is hate and aggression on the part pri­ grade. To date, we have been patient. a disaster on top of a catastrophe. marily of Serbian leaders, and of past We have relied on diplomacy. We have But my purpose is not to dwell on the timidity and confusion on the part of applied economic and political pres­ tragedy of yet another famine. Suffice international observers. It has provided sure. We have denounced the killing it to say that there is enough food in an early, and thus far, immensely dis- and the violence. But those steps have June 12, 1992 CONGRESSIONAL RECORD-SENATE 14767 not yet proven sufficient. Clearly, mili­ point where Presidential involvement in recess until 2 p.m. on Monday, June tary intervention of any sort remains a is urgently required. 15; that following the prayer, the Jour­ last resort. Other options must con­ Second, the President should con­ nal of proceedings be deemed approved tinue to be explored. But we cannot tinue making full use of the United Na­ to date, and that the time for the two stand on the sidelines indefinitely. We tions, the CSCE, world financial insti­ leaders be reserved for their use later cannot pretend it does not matter. tutions and the international business in the day; provided further that there After all, the illusion that what hap­ community to put pressure on Serbia then be a period for morning business pens in Sarajevo is irrelevant to what to change its ways. It is not enough to not to extend beyond 2:30 p.m., with happens in the outside world should talk about the limitations of economic Senators permitted to speak therein have been shattered 78 years ago. embargoes; the point is to try our best. for up to 5 minutes each. It is an unfortunate reality that the The United Nations can make it plain, The PRESIDING OFFICER. Without Bush administration's reaction to through a Security Council resolution, objection, it is so ordered. events in Yugoslavia over the past year that the world will never accept, nor has been indecisive and generally inef­ allow Serbia to profit from, the fruits fectual. The State Department was of international aggression. The Ser­ RECESS UNTIL MONDAY, JUNE 15, slow to recognize that Yugoslavia's bian business community should under­ 1992 breakup into separate Republics was an stand that it will never have normal Mr. BYRD. Mr. President, if there be inevitable consequence of the end of relations with the outside world as no further business to come before the Communist rule. The administration long as the present policies are pur­ Senate, I move in accordance with the was slow to lend diplomatic support to sued. And Serbian leaders should be order previously entered that the Sen­ Slovenian and Croatian claims for warned that those who commit war ate stand in recess until 2 p.m. on Mon­ independence. And the United States crimes are liable to be prosecuted as day, June 15. has been inconsistent and confused in war criminals, and that their official The motion was agreed to, and the responding more recently to the brutal status may provide no long-term pro­ Senate, at 2:08 p.m., recessed until violence in Bosnia-Hercegovina. One tection from personal accountability Monday, June 15, 1992, at 2 p.m. day, we seem about to take the lead in and punishment. mobilizing international opposition to Finally, the President should work the aggression; the next day we talk as through the United Nations, in accord­ CONFIRMATIONS if there is no hope for a solution and ance with the Senate resolution, to de­ Executive Nominations Confirmed by little point in trying to bring one velop a strategy and means for possible the Senate June 12, 1992: in ternati onal h urn ani tarian in terven­ about. EXECUTIVE OFFICE OF THE PRESIDENT It is my hope, from this day forward, tion in Bosnia-Hercegovina. The goal of Kay Coles James, of Virginia, to be Associ­ that there will be a determined and ef­ such an intervention should not nec­ ate Director for National Drug Control Pol­ fective and united international re­ essarily be to confront Serbian mili­ icy. sponse to events in Bosnia-Hercegovina tary forces or to impose a ceasefire. A and elsewhere in the Balkans. We less ambitious, but still important, DEPARTMENT OF STATE Marc Allen Baas, of Florida, a Career Mem­ should continue, as I have said, to look goal would be simply to see that the ber of the Senior Foreign Service, Class of upon a military response as a last re­ International Red Cross and other hu­ Minister-Counselor, to be Ambassador Ex­ sort, but we should begin now to pre­ manitarian agencies are allowed to traordinary and Plenipotentiary of the Unit­ pare for the possibility that a multilat­ function, in accordance with inter­ ed States of America to Ethiopia. eral military intervention for humani­ national law, and that basic supplies Lauralee M. Peters, of Virginia, a Career tarian and peacemaking purposes will are made available to people. The ur­ Member of the Senior Foreign Service, Class prove unavoidable. There is simply too gency of this goal has been underlined of Minister-Counselor, to be Ambassador Ex­ much at stake for the United States or daily within the last 2 weeks as Red traordinary and Plenipotentiary of the Unit­ the United Nations to continue its pas­ ed States of America to the Republic of Si­ Cross and other emergency vehicles erra Leone. sive role. The humanitarian stakes have come under fire while attempting Hume Alexander Horan, of the District of alone, the simple fact that thousands to transport food and medicine to little Columbia, a Career Member of the Senior of innocent, peace-loving people are at children. Foreign Service, Class of Career Minister, to risk for no good reason, requires that Mr. President, the difficulty of bring­ be Ambassador Extraordinary and Pleni­ no effective option be ruled out. ing peace to an area as far a way and as potentiary of the United States of America We here in the United States should ordinarily remote from American con­ to the Republic of Cote d'Ivoire. remember that we, perhaps more than cerns as the Balkans does not absolve Donald K. Petterson, of California, a Ca­ any other country, have a stake in a us from the need to act, nor does it reer Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambas­ stable and peaceful world order. If Ser­ eliminate our capacity to influence sador Extraordinary and Plenipotentiary of bia emerges from the current fighting events. It is a cliche of history that all the United States of America to the Republic with all its goals achieved, the prece­ it takes for evil to prosper is for good of the Sudan. dent for future Serbias in other coun­ men and women to do nothing. We have Dennis P. Barrett, of Washington, a Career tries and other contexts will have been no guarantee that a more vigorous and Member of the Senior Foreign Service, Class set. The United States is not all-power­ aggressive policy toward Serbia and of Minister-Counselor, to be Ambassador Ex­ ful and we cannot police the world; but Bosnia-Hercegovina will succeed, but traordinary and Plenipotentiary of the Unit­ we remain by far the strongest mili­ can be sure that the past policy of ti­ ed States of America to the Democratic Re­ public of Madagascar. tary force on Earth and we have a ca­ midity and inaction will fail. The time Richard Goodwin Capen, Jr., of Florida, to pacity to influence international diplo­ has come to do more; to do all we can; be Ambassador Extraordinary and Pleni­ matic and economic policy that is and to press our allies and friends to potentiary of the United States of America without equal. Even barring the possi­ join with us in an effort to stop the to Spain. bility of direct American military killing and start the healing in Bosnia Roger A. McGuire, of Ohio, a Career Mem­ intervention, there is a great deal we and throughout the region.• ber of the Senior Foreign Service, Class of can do. Counselor, to be Ambassador Extraordinary First, I hope the President will speak and Plenipotentiary of the United States of out personally on this issue. It is not ORDERS FOR MONDAY, JUNE 15, America to the Republic of Guinea-Bissau. 1992 William Lacy Swing, of North Carolina a enough for second- or third-tier offi­ Career Member of the Senior Foreign Serv­ cials at the State Department to ex­ Mr. BYRD. Mr. President, on behalf ice, Class of Career Minister, to be Ambas­ press concern about the violence. The of the majority leader, I ask unani­ sador Extraordinary and Plenipotentiary of level of killing and the magnitude of mous consent that when the Senate the United States of America to the Federal suffering have long since reached the completes its business today, it stand Republic of Nigeria. 14768 CONGRESSIONAL RECORD-SENATE June 12, 1992 Reginald Bartholomew, of the District of Peter Barry Teeley, of Virginia, to be Am­ William Henry Gerald FitzGerald, of the Columbia, a Career Member of the Senior bassador Extraordinary and Plenipotentiary District of Columbia, to be Ambassador Ex­ Foreign Service, Class of Career Minister, to of the United States of America to Canada. traordinary and Plenipotentiary of the Unit­ be the United States Permanent Representa­ Peter Jon de Vos, of Florida, a Career ed States of America to Ireland. tive on the Council of the North Atlantic Member of the Senior Foreign Service, Class U.S. ADVISORY COMMISSION ON PUBLIC Treaty Organization, with the rank and sta­ of Minister-Counselor, to be Ambassador Ex­ DIPLOMACY tus of Ambassador Extraordinary and Pleni­ traordinary and Plenipotentiary of the Unit­ Pamela J. Turner, of the District of Co­ potentiary. ed States of America to the United Republic lumbia, to be a Member of the U.S. Advisory of Tanzania. Commission on Public Diplomacy for a term Adrian A. Basara, of New Hampshire, a Ca­ Robert E. Gribbin III, of Alabama, a Career expiring July 1, 1995. reer Member of the Senior Foreign Service, Member of the Senior Foreign Service, Class The above nominations were approved sub­ Class of Minister-Counselor, to be Ambas­ of Counselor, to be Ambassador Extraor­ ject to the nominees' commitment to re­ sador Extraordinary and Plenipotentiary of dinary and Plenipotentiary of the United spond to requests to appear and testify be­ the United States of America to the Czech States of America to the Central African Re­ fore any duly constituted committee of the and Slovak Federal Republic. public. Senate.