17820 CONGRESSIONAL RECORD-SENATE July 28, 1986 SENATE-Monday, July 28, 1986 The Senate met at 12 noon and was ously, we can use the time or yield it work that out with the minority called to order by the President pro back. I hope we will not take 12 hours. leader. tempore CMr. THURMOND]. This is Monday, July 28, and it is Mr. BYRD. Mr. President, if the dis­ still our intention to meet the August tinguished majority leader will yield, PRAYER 15 recess deadline, as previously an­ with respect to the schedule, the prob­ The Chaplain, the Reverend Rich­ nounced. I do not know how to state lem immediately, as I see it, is in the ard C. Halverson, D.D., offered the fol­ it-I do not want to appear to be fact that we have before the Senate lowing prayer: threatening-but we do have a lot of the debt limit extension; but we have Let us pray. work to do, to say it as honestly as I as an amendment to that debt limit • • •let us love one another: for love can. There is a lot of work to do, and extension, or a series of amendments is of God; and everyone that loveth is many Members have amendments to thereto, the proposed changes in the born of God and knoweth God. He that the debt ceiling bill. We hear that Gramm-Rudman legislation. Nobody loveth not knoweth not God; for God is there may be an amendment with re­ can call up any other amendment to love.-I John 4:7-8. spect to South Africa; there will be the debt limit extension unless con­ Father God, whose love is uncondi­ Contra aid; maybe a SALT resolution sent can be gotten that the Gramm­ tional, universal, infinite, and eternal of some kind. All those matters would Rudman amendments be set aside we thank You for loving us. Thank take a considerable length of time. temporarily. You for love which is unequivocal, cer­ There is also some hope that we can So there we are-we are stuck. Those tain, and dependable. Help us to com­ work out an agreement, as I said who are the principals in working out prehend the profound reality that before-sort of a tripartite agree­ some changes in the Gramm-Rudman there is nothing we can do to make ment-involving SALT, South Africa, legislation do not want those amend­ You love us more than You do-and and Contra aid, whereby we could ments set aside for the time being. there is nothing we can do to make have a certain amount of time set It seems to me that unless those You love us less than You do. Thank aside for each of those issues. If we amendments can be set aside tempo­ You for the perfect peace, perfect ac­ can do that prior to the recess, that rarily, the Senate is not going to be ceptance, perfect security we enjoy in will be fine with me. able to consider any other amend­ Your love. Forgive us, patient Father, In addition, we have the Gramm­ ments to the debt limit legislation for our indifference to Your love-our Rudman "fix." I understand that some until final action on those amend­ rejection-our failure to reciprocate. agreement may have been reached be­ ments is gotten. This would appear to Help us to love You and one another tween Senator DoMENICI with Sena­ me to preclude any other action prior and, in so doing, fulfill the royal law­ tors RUDMAN, GRAMM, and HOLLINGS to, say, Wednesday of this week at for the honor of Your name. Amen. on their amendment to the debt ceil­ best, because tomorrow will be utilized ing. If that is the case, maybe we can in the debate on TV coverage of move more rapidly on that. Senate debates and deliberations. RECOGNITION OF THE So there are a number of very criti­ I certainly would support the distin­ MAJORITY LEADER cal matters we need to resolve before guished majority leader in pressing for The PRESIDENT pro tempore. The August 15. action on Fridays and Mondays now. able and distinguished majority Having said that, I know the phone We are within only 3 weeks of the leader, Senator ROBERT DoLE, is recog­ will be ringing-"What about Friday?" Labor Day recess as previously sched­ nized. I can only tell my colleagues on both uled, and so Mondays and Fridays Mr. DOLE. I thank the distin­ sides that I expect that we will be here cannot be excluded if the Senate is to guished Presiding Officer, Senator on Friday. We might be here on Satur­ deal with the major amendments and THURMOND, the President pro tempore. day, because we have this weekend issues that need to be called up. and next weekend, and we will be out I hope that the distinguished major­ the following Friday until September ity leader will call up the DOD author­ SCHEDULE 8, if everything goes as planned. So I ization bill. Senator NUNN, who is the Mr. DOLE. Mr. President, under the just cannot tell anyone at this time. ranking minority member on the standing order, the leaders have 10 But I want to at least hold out, not a Armed Services Committee, is ready to minutes each. Then we will have spe­ threat, but the possibility, in the real proceed to debate that measure and cial orders for Senators PRESSLER, world, that unless something starts to actually is urging that the measure be PROXMIRE, and LEvIN for not to exceed happen fairly soon, we could be here called up. 5 minutes each. late several nights this week and could I believe that if we cannot get action Then there will be routine morning be here part of the weekend. soon on the Gramm-Rudman legisla­ business, not to extend beyond 1 I also indicate that we have made tion, at least the Senate could begin o'clock. good progress on the Executive Calen­ its debate on the DOD authorization if After that, we will resume consider­ dar. I think we can probably clear up the distinguished majority leader ation of House Joint Resolution 668, all but a couple of those nominees this would see fit to bring up that legisla­ the debt limit extension. week. tion because it does need to be dealt We also may be asked to turn to the There are two treaties dealing with with. It needs to be dealt with prior to consideration of TV in the Senate, Denmark. I understand that the dis­ the action on the military construc­ pursuant to the provisions of Senate tinguished Senator from Ohio CMr. tion appropriation bill, and it seems to Resolution 28, in order to use up some METZENBAUM] may have a problem me that if the Senate is going to be of the 12 hours of debate allotted to with those. He was trying to reach me stymied on the . Gramm-Rudman the resolution, if it is going to take 12 on Friday, and we missed each other. amendment to limit legislation, at hours. In visiting with Senators MA­ We will do the best we can to accom­ least we could be spending our time THIAS and FORD, I think their recom­ modate Members. I know that some well in debating the DOD authoriza­ mendation is that the Rules Commit­ Members will be necessarily absent to­ tion bill, and I would hope that the tee will not take much time. So, obvi- morrow for some time, and we can distinguished majority leader would

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. July 28, 1986 CONGRESSIONAL RECORD-SENATE 17821 give some consideration to scheduling tinued detention. And we can only In short, the Sandinistas have aban­ that bill soon. hope that the freeing of Father Jenco doned their own revolution, sup­ Barring that, I would hope that the is the signal for the imminent return pressed their own people and are in distinguished majority leader would of all the hostages now being held in the process of irretrievably wrecking see if something could be done to set Lebanon. their own country. That is the real aside the Gramm-Rudman roadblock Mr. President, I also want to join record-and that ought to be the real so that Senators can call up other President Reagan in acknowledging issue-in Nicaragua. amendments to the debt limit legisla­ the help of the Syrian Government in SANDINISTAS HELLBENT ON AGGRESSION AND tion. the safe transport of Father Jenco to SUPPRESSION I thank the distinguished majority American authorities in Damascus. We have given the Sandinistas every leader for considering these sugges­ And I urge that the Syrian Govern­ chance to do what they ought to do­ tions. ment use all its good offices to help to live up to their own promises-in Mr. DOLE. I thank the distin­ with the release of the remaining hos­ their country, and in the region. They guished minority leader and I think so tages. far there has not been much holding have turned a "deaf ear"-to us, to the up. I do not disagree with what the mi­ OAS, to the Contadora process, and to nority leader has just indicated. THE RETURN OF COMRADE the pleas of their own people. They If they cannot resolve this Gramm­ ORTEGA remain hellbent on the course of ag­ gression and suppression, and have ar­ Rudman matter, then I am going to ORTEGA IN NEW YORK make an effort to set it aside and go rogantly boasted that nothing will Mr. DOLE. Mr. President, once turn them around. on to something else. again the head of the Sandinista As I understand, we announced regime in Nicaragua, Daniel Ortega, is CONTRA AID BARRIER TO SANDINISTA PLANS there would be no votes today. Either visiting our shores, to use the platform Well, there is one way that they can today or tomorrow we will discuss TV of the United Nations to attack our be stopped-by providing assistance to in the Senate. So they are really not country, and our policy in Central those Nicaraguan elements who holding up anything right now. America. And, as usual, he is here to remain true to the "Sandino-inspired" I understand that Senators CHILES make certain he gets plenty of air time revolution; who remain willing to fight and DoMENrcr will be talking, and they to make the Sandinista case to the and die for freedom; who remain de­ may be able to reach some agreement. U.S. public. termined to win their country back So we are making a little progress, Unfortunately for Mr. Ortega, the from Moscow's control, and Ortega's perhaps we did lose about a day, we do reality in Nicaragua speaks much policies. not want to lose any more. I hope we louder, and more eloquently, than he I do not know if Ortega paid much might speed them up. does. And the reality is that the Sandi­ attention to the sermon he heard in Mr. BYRD. Mr. President, I thank nistas are in the process of construct­ New 'York, but I do know that we in the distinguished majority leader. ing a totalitarian, Marxist system; that the Senate will soon have the opportu­ (Mr. GRASSLEY assumed the they will try to crush any political nity to send him a message he cannot chair.) force and anyone that stands in their ignore. We will vote I hope and I hope way; and, meanwhile, that the econo­ very soon on providing assistance to my of the ·country is in near collapse. the Contras. And I am confident that we will vote, as we have before, to pro­ RELEASE OF THE REVEREND THE SORRY RECORD LAWRENCE MARTIN JENCO vide that assistance. I hope we will What has happened in Nicaragua have that opportunity. Mr. DOLE. Mr. President, today is a since Ortega's last visit to New York? Ortega and his Marxist cronies are a day of thanksgiving for the family and The economy has virtually collapsed, determined bunch. But we are deter­ friends of Rev. Lawrence Martin leaving the vast majority of Nicara­ mined, too. Determined to give Nicara­ Jenco, who was released this weekend guans mired in misery, and leaving the gua a new chance for eventual peace, after 19 months of captivity in Leba­ country dependent on Soviet hand­ for real democracy, for the hope of non. outs. The Sandinistas have scuttled economic and social progress. We join the Jenco family in their joy the most recent and hopeful round of Mr. President, I would again urge and relief over the safe return of talks in the Contadora process, con­ my colleagues to reach some agree­ Father Jenco. From current reports, it founding their sympathizers in this ment. There has been some threat or appears the reverend is in fairly good country. at least talk of a filibuster. I hope that shape-enjoying his reunion with They have invaded Honduras, happi­ is not the case. This is an issue the loved ones in Weisbaden, West Germa­ ly without achieving any of the goals Senate decided favorably earlier this ny. of that military operation. They have year. It would seem to me it is another But at the same time we rejoice in accelerated their military buildup in matter that should be taken up and Father Jenco's release, we must re­ Nicaragua, and the Soviet presence decided in the affirmative again. member the plight of the four remain­ there continues to grow and grow­ ing American hostages taken by the Soviet pilots now fly aerial reconnais­ Moslem extremist group, the Islamic sance missions around the country. RECOGNITION OF THE Jihad; William Buckley, Terry A. An­ And the Sandinistas have launched MINORITY LEADER derson; David P. Jacobsen; and yet another harsh crackdown on the Thomas M. Sutherland. In addition to internal democratic opposition: La The PRESIDING OFFICER. Under these Americans, the Islamic Jihad is Prensa, the last free voice in Nicara­ the previous order, we will now recog­ holding six Frenchmen, two Britons, gua, has been shut down, and Bishop nize the Democratic leader. an Irishman, and an Italian hostage. Vega has been exiled, for the crime of According to this morning's press re­ speaking out on behalf of liberty. ports, Father Jenco was kept in And I might say, as an aside here, THE RELEASE OF FATHER chains, in solitary confinement for 6 that the U.S. media would get a lot JENCO months. This inhumane treatment of more realistic idea of Daniel Ortega's Mr. BYRD. Mr. President, I associ­ innocent individuals, caught up in an feelings about religion and Christiani­ ate myself with the remarks of the dis­ external situation which they had no ty by talking to Bishop Vega, than by tinguished leader anent the release of role in, is reprehensible. They should following Ortega around to his care­ Father Jenco, and also I wish to share all be released immediately. There is fully constructed "photo ops" at the hope that the other hostages will no excuse, no rationale for their con- Sunday services in New York. be released soon. 17822 CONGRESSIONAL RECORD-SENATE July 28, 1986 MEDICAL AND LIFE INSURANCE education available at Groton and Secretary of State for Far Eastern Af­ BENEFITS FOR RETffiEES Yale. fairs, and as U.S. negotiator at the Mr. BYRD. Mr. President, before Following graduation from college, Vietnam Peace Conference in Paris. the distinguished majority leader Averell Harriman became a vice presi­ Certainly, Averell Harriman was a leaves the floor, I wonder if he would dent of the Union Pacific Railroad and public servant without peer, and all consider having the second reading of founded his own banking firm. He ap­ Americans owe him a irredeemable S. 2690 which is on the Calendar of peared destined to continue the course debt of gratitude for the outstanding Bills and Joint Resolutions, read the chartered by his father. By 1931, Aver­ contributions that he made through­ first time so that the objection can be ell Harriman was already a partner in out an incomparable career. made to further proceeding, and that the newly merged firm of Brown Bros., I know also that all of our colleagues measure can then go on the calendar Harriman, as well as being chairman and millions of Americans join me in without our having to wait until the of the board of the Union Pacific Rail­ extending to Mrs. Harriman and to road. For most men, such achieve­ other members of Governor Harri­ close of morning business. ments would have been unsurpassable Mr. DOLE. We can do that. career pinnacles. man's family our sincerest regrets at Mr. BYRD. Mr. President, I thank But Averell Harriman was customed the loss that they have suffered in the the distinguished majority leader. from his own pattern, and his poten­ passing of this unquestionably great The· PRESIDING OFFICER. The tial outstripped the confines of Wall American. May Governor Harriman's clerk will read the bill. Street. loved ones and friends be assured that The assistant legislative clerk read An active Democrat since 1928, Har­ he will ever be remembered in the as follows: riman served under President Franklin pages of American history and revered A bill CS. 2690), to prohibit certain compa­ Roosevelt as an administrator in the in the hearts of the American people. nies who have filed for ba,nkruptcy from dis­ National Recovery Administration and continuing medical and life insurance bene­ as a member and then Chairman of fits to retirees. the U.S. Department of Commerce's WILLIAM AVERELL HARRIMAN, Mr. DOLE. Mr. President, I object. Business Advisory Council in the 1891-1986 The PRESIDING OFFICER. Objec­ midthirties. Then in the spring of ·Mr. DOLE. Mr. President, on Satur­ tion is heard. The bill will be placed on 1941, President Roosevelt sent Mr. day one of this century's major figures the calendar. Harriman to England to expedite the in American foreign policy passed Lend-Lease Program to Britain. There, away at his home in Yorktown Averell Harriman developed a good Heights, NY. EXTENSION OF RECONCILIA­ working relationship with Prime Min­ TION DEADLINE-CORRECTION When William Averell Harriman ister Winston Churchill, and he under­ died this weekend at 94 years of age, Mr. DOLE. Mr. President, will the took important missions to Moscow we were all reminded of just how long minority leader yield just for one brief with Lord Beaverbrook in 1941 and this distinguished American had reconciliation deadline correction? with Churchill himself in 1942. served our country. During war and Mr. BYRD. Yes. In October 1943, President Roosevelt peace, he was an Ambassador, a Cabi­ Mr. DOLE. Mr. President, the CON­ appointed Mr. Harriman to be U.S. net Secretary, a Governor, a special GRESSIONAL RECORD for last Friday Ambassador to the Soviet Union, and envoy and an arms control negotiator shows the extended deadline for com­ he remained in that position into 1946. mittees to submit reconciliation lan­ to name just a few of the important As Ambassador to our wartime Soviet positions he held during his decades of guage to the Budget Committee as allies, Averell Harriman was present at Thursday, July 29, 1986. The day public service. Even at 91, duty called the important conferences at Quebec, and so Ambassador Harriman traveled should be Tuesday, July 29, 1986. I Cairo, Teheran, Yalta, San Francisco, therefore ask unanimous consent that and Potsdam. Ever the circumspect to Moscow in 1983 to meet with Soviet Senate committees have until 6 p.m. diplomat, he was nonetheless a realist, leader Yuri Andropov. Tuesday, July 29, 1986, to submit their advising Presidents Roosevelt and This unselfish devotion says much recommendations to the Senate Truman to keep a correct posture vis­ about the man who could have chosen Budget Committee pursuant to section a-vis the Soviets, while warning a far easier way to earn a living. After 2 of Senate Concurrent Resolution against overly optimistic postwar all, his family fortune made it such 120. hopes for Eastern Europe, and coun­ that he would never have to worry The PRESIDING OFFICER. With­ seling a firm and unsentimental atti­ about income. But his country's call out objection, it is so ordered. tude toward the Soviet Union at the meant more to him than the life of Mr. DOLE. I thank the minority bargaining table. ease that could have been his. leader. In March 1946, President Truman Mr. President, while Ambassador Mr. BYRD. Mr. President, I thank returned Mr. Harriman to the Court Harriman and I certainly didn't see the able majority leader. of St. James, but in October of that eye-to-eye on every issue, this Senator year called him back to Washington as would like to pay his respects to a re­ his Secretary of Commerce. In 1948, markable man who dedicated his life W. AVERELL HARRIMAN, 1891- President Truman sent him again to public service. I am certain my col­ 1986 across the Atlantic as his special repre­ leagues will join me in expressing the Mr. BYRD. Mr. President, history's sentative to coordinate the European sympathies of this body to the Harri­ spotlight is selective, and falls custom­ Recovery Program. Subsequently, man family as we remember William arily on the heads of the crowned and Averell Harriman served President Averell Harriman. anointed. But in an exclusive arena, Truman in o~her capacities until Janu­ few men in any age have played as ary 1953. prominent a role in so many historic Though twice an unsuccessful candi­ AFGHANISTAN-SOVIET dramas as did W. Averell Harriman. date for the Democratic Party's Presi­ WITHDRAWAL High-born but not to the purple, dential nomination, Averell Harriman Mr. BYRD. Mr. President, the Governor Harriman was the son of served in an elected office, winning Soviet Union has announced its inten- railroad tycoon and financier E.H. the New York Governorship in 1954. tion to withdraw some 5,000 Soviet Harriman. As the heir to one of Amer­ The Kennedy-Johnson years found troops from Afghanistan. As is often ica's great industrial entrepreneurs, Governor Harriman again in the inter­ the case with Soviet policy toward Governor Harriman was reared in national field, serving variously as an that sad country, this seems part of privilege and afforded the best formal Ambassador-at-Large, an Assistant the continuing effort to get the big- July 28, 1986 CONGRESSIONAL RECORD-SENATE 17823 gest public relations return on the fications merely informed speculation mittee members were incensed at the poten­ smallest possible gesture. or do they really reflect an existing tial security breach; they say it shows that Soviet troop rotations occur all the top secret aircraft! / so much information about Stealth already On July 11, an Air Force plane has come out that Pentagon's nontalk time, so this announcement is hardly policy no longer makes sense. newsworthy. There are between crashed in a mountainous area of Cali- "As far as the security system on this 120,000 and 150,000 Soviet soldiers in fornia, tragically killing its pilot, Maj. goes, it's like the old Gertrude Stein quote­ Afghanistan or close to the Afghan Ross E. Mulhare. The crash site was 'there's no there, there,' " Wyden said ye..;­ border. The removal of 5,000 troops is immediately cordoned off, declared a terday. "The fact is Cthe Stealth secur ty insignificant when up to 30 times that national security area and civilian system] is absurdly easy to penetrate." number are engaged in the systematic overflights were prohibited. The crash The Stealth model drives home the point, destruction of the Afghan people­ ignited a brush fire which took fire- he said. men, women, and children. fighters 16 hours to extinguish. The Since the model first hit the market at · f" ht t 11 d th the end of June, sales have been booming. If the Soviet Union is really serious f ire 1g ers were no a owe near e About 100,000 Stealth kits have been or- about getting out of Afghanistan, it immediate crash site and they were re- dered by toy stores already-three times should present a plan for prompt with­ quired to sign forms agreeing not to more than a typical new model plane. drawal at the U.N.-sponsored negotia­ discuss what they had seen at the site. "You've got a little bit of mystery about tions meetings that will resume on There has been a great deal of specu- it-and that makes it exciting," said Steve July 30, 1986. lation in the press that the plane that Kass, Testor's national field sales manager. When I led a senatorial delegation to crashed was indeed an F-19 Stealth "In terms of units sold, this will be the Moscow last September, we told Gen­ fighter. It seems tragically ironic that number one selling kit this year." eral Secretary Gorbachev when we while all this elaborate security was But Kass said the model gives away no se­ involved at the crash site, a model crets that haven't already been published in met with him that inasmuch as he has a flood of trade press stories. Stealth air­ the power to end the war in Afghani­ which may reflect the actual aircraft craft are designed to escape detection by stan, all he needs to do, Mr. President, is on sale in hobby stores across the enemy radar. But the model doesn't reveal is to remove Soviet troops. Not 5,000, country. the aircraft's insides, which, according to not 50,000-but all Soviet forces. I am Investigations into Lockheed's possi- Kass, is where the real Stealth secrets are. hopeful that we and the rest of the ble mismanagement of classified docu- Moreover, he added, none of the missing world will awaken to that story some­ ments are now being conducted by the Lockheed documents were used in designing day in the future, but I am sorry to Pentagon, the General Accounting the model. say that I am not too sanguine that we Office, and the House Energy and "We're all patriotic, loyal citizens here,'' Commerce Committee's Subcommittee Kass said. "Everything we got, you can get will be awakening to such a story. out of any library." Mr. President, how much time do I on Oversight and Investigation. I be- According to some experts, that is quite a have remaining? lieve that at the very least the Senate bit. Bill Sweetman, author of a book on The PRESIDING OFFICER. The Armed Services Committee and possi- Stealth aircraft, says the model "in size and Senator has 4 minutes remaining on bly the Senate Intelligence Committee proportion and quite possibly in overall plan hi.$ time. should look into whether there is any ... is pretty accurate." Mr. BYRD. I thank the Chair. relation between the Testo:..· Co.'s The model also contains a number of de­ source material and Lockheed Corp.'s tails about Stealth technology that the De­ missing classified documents. fense Department never has publicly dis- LOCKHEED'S POSSIBLE MISMAN­ cussed. AGEMENT OF CLASSIFIED DOC­ Mr. President, I ask unanimous con- On the side of the model's box is an "F-19 UMENTS sent that an article from the Washing- Stealth Fighter Profile." It states that real ton Post of July 26, entitled "Stealth's Stealth jets "operate from remote, top­ Mr. BYRD. Mr. President, last Fri­ Appearance in Toy Stores Is Not Kid- secret airbases," use laser technology to day's Washington Post contained a stuff, Lawmakers Say," be inserted in guide Maverick missiles, and include folding disturbing article concerning what ap­ the RECORD at this point. outer wing panels so they can be transport- pears to be gross mismanagement on There being no objection, the article ed inside Lockheed C-5 Galaxy airplanes. When asked to comment about the model the part of the Lockheed Corp. in its was ordered to be printed in the yesterday, Pentagon spokeswoman Jan Bo- handling of classified defense docu­ RECORD, as follows: danyi refused. "I have nothing to say about ments. The Lockheed Corp. is unable [From the Washington Post, July 26, 19861 this alleged Stealth fighter," she said. "I to account for at least 11 top secret STEALTH'S APPEARANCE IN TOY STORES Is NOT can't even say there is such a thing." documents which reportedly deal with Km's STUFF, LAWMAKERs SAY Mr. BYRD. Mr. President, I yield the Air Force F-19 Stealth fighter. This information comes within weeks

71-059 Q-87-46 (Pt. 12) 17824 CONGRESSIONAL RECORD-SENATE July 28, 1986 Washington newspaper has a particu­ in more than 5 years, the administra­ no agreement. The Soviets know it. larly emphatic influence on the Na­ tion has made no progress in negotiat­ But to argue as the Post has that this tion's policies in any event. Those of ing even the hint of the treaty. It is is a good month for arms control in us who are elected to serve our coun­ worse-much worse. The administra­ view of the arms control wreckage left try here in Washington derive much tion has gutted every arms control in the wake of the first 5112 years of of our news from the Washington treaty painstakingly negotiated by this administration is like hailing the media, just because it is conveniently pa.st administrations. Just look at the resurrection of the Titanic 70 years available. Those of us who serve in the score. It has renounced the solemn after it sank, as a successful rescue. Senate, of course, owe our first alle­ and explicit promise embodied in two giance to our home State. But the treaties signed by U.S. Presidents, one local Washington press covers the of which has been ratified. Both of A TRIBUTE TO A BRILLIANT news of what is going on in the town those treaties promised to negotiate a CONGRESSMAN, DAVID OBEY where we, perforce, as a matter of comprehensive test ban treaty. . OF WISCONSIN duty, spend more than half our time. So how about it? Will the adminis­ Mr. PROXMIRE. Mr. President, in So both its location and its general ex­ tration try to negotiate such a treaty? an article in the Sunday, July 27, cellence give it a strong and sometimes "No way," says the administration. Washington Post, Richard Bolling a decisive influence. Here is an administration that has pays tribute to a Wisconsin Member of I say all this, Mr. President, because made its No. 1 military priority a star the House of Representatives that this on Wednesday, July 23, the Post car­ wars system that would expressly re­ Senator cannot ignore. Richard Boll­ ried an editorial with which this Sena­ pudiate the anti-ballistic-missile arms ing served for 34 years in the House. tor must virgorously disagree. The edi­ control treaty. It has pronounced No Member of the House was more torial was headlined: "A Good Month SALT II dead and cold in its grave. So widely respected than Dick Bolling for for Arms Control." The thrust of the what significant arms control treaty is editorial is that the arms control deal left? Answer: Nothing. his intelligence and his blunt, tell-it­ "coming into view would involve deep And yet the Washington Post calls like-it-is honesty. The Post article pro­ cuts in offensive arms and agreed re­ this month a good month for arms vides Dick Bolling's advice on how not straints on the development and de­ control. Why is it good? Oh, sure, the to run for Speaker. Bolling was a lead­ ployment of defensive arms." And why President has toned down his rhetoric ing candidate for Speaker of the is such a deal possible? Because, about the evil empire. He has said the House in 1977. Here is what Bolling argued the Post President Reagan Soviets are serious about arms control. writes about DAVID OBEY. OBEY is the "unveiled his plan for a missile de­ He has had his negotiating team at Representative in the House of Sev­ fense in space." Geneva for more than a year and a enth District of Wisconsin-that is Now, come on, fellas, that "missile half. He has announced that he is for most of northern Wisconsin. Now defense in space" proposal by Presi­ arms control just as he has announced listen to Bolling: dent Reagan constitutes a direct that he is against apartheid in South The finest legislator on the Democratic side of the House, in integrity, long experi­ attack on the Anti-Ballistic Missile Africa. But on arms control, as on ence, intuition and knowledge, is Dave Obey arms control treaty. The ABM treaty South Africa, the administration has of Wisconsin. Many members say he cannot was ratified 89 to 2 by the Senate. It been free with the rhetoric and the be elected to the House leadership because had a single, simple purpose: To stop procedure. But they have struck out, of his temper or his temperament. I don't any attempt to deploy a comprehen­ and they have not budged an inch on believe this because every now and then the sive shield against offensive arms. the substance. majority of Democrats break their pattern Those of us who voted to ratify that The Post reports that Secretary and support the best legislator they have treaty considered it a vital step toward Weinberger is lamenting the possibili­ available. They did with Rayburn, I suppose nuclear peace. Why? Because a star ty the administration may trade a star to their continuing amazement. wars defense would, if successful, de­ wars delay for an offensive nuclear Mr. President, I bring this vignette stroy the credibility of the adversary's missile reduction. Maybe, just maybe a from the typewriter of Richard Boll­ deterrent. So what would be the reac­ deal may purport to stall star wars. So ing to the attention of my colleagues tion of the adversary? The adversary it will not advance beyond laboratory here in the Senate because it is true. would go all-out to build an offensive research for 5 or 7 years. What kind of This is not just provincial hype. arsenal that could overwhelm, spook, deal is that? Former Congressman Bolling came evade, underfly, deceive, or somehow Mr. President, there is every reason not from Wisconsin, but from Missou­ penetrate the star wars defense. Virtu­ to believe that with budget restraints ri. ally any technological advances that what they are and star wars showing might improve the star wars defense such feeble promise, Congress will not such as super lasers or sensors could fund star wars research at a rate that MYTH OF THE DAY: ENVIRON­ be readily used by the adversary to could possibly advance star wars MENTAL PROTECTION LAWS overcome star wars. beyond the research stage in less than HARM PRODUCTIVITY AND Star wars has only three handicaps: 7 years, with or without an agreement REDUCE EMPLOYMENT First, it will not work; second, it would with the Soviets. And what is the re­ Mr. PROXMIRE. Mr. President, one cost $1 trillion, and third, a paranoid ported proposal that is said to give Mr. of the most persistent myths about misapprehension by the adversary Weinberger such fits, and advance America's environmental laws is that that it might work would kick off an arms control so impressively? It is a 5- they act as a brake on our economy, immense buildup in offensive arms to to 7-year proposed delay in any star eliminating jobs and decreasing pro­ overcome it. wars advance beyond the research lab­ ductivity. Now comes an administration with a oratories. If the Soviets buy this pro­ Aside from their obvious benefits for perfect 100-percent record of opposing posal, it will mean they have wised up public health and the quality of life, any and all arms control treaties. It on the emptiness of the star wars environmental laws have other, less has done this at a time when Marshall threat. It will mean the Soviets are noticed side effects. Shulman, the head of Advanced Insti­ willing to reduce their offensive nucle­ According to a recent study by Man­ tute for the Study of the Soviet Union ar arsenal because they know it is ex­ agement Information Services [MISIJ, at Columbia University, says that in cessive in a world in which star wars a Washington, DC, consulting firm, the 40 years he has been studying the will fail. over the pa.st 15 years annual spending Soviet Union, he has never seen a time This is a transparent minuet. Star by the pollution abatement and con­ when the Soviets are more willing to wars will not get out of the laboratory trol industry grew from $18 billion to negotiate an end to the arms race. But in 7 years in any event, agreement or almost $70 billion. In just 1 year, 1985, July 28, 1986 CONGRESSIONAL RECORD-SENATE 17825 this industry invested $8.5 billion and ognized that-while he still allows for lings target by as much as $20 to $25 created 167,000 new jobs. the consideration of the conference billion in the next fiscal year. MISI based its study on Department report, it no longer is highlighted as a Twenty to twenty-five billion dollars. of Commerce and trade association piece of legislation which must be If we depend on a sequester order to data. According to the report, entitled passed before the August recess. fill that gap, every program, every "Economic and Employment Benefits That, I think, does more than recog­ project, every activity-except for of Investments in Environmental Pro­ nize what reality is. In my book, it rec­ specified protected programs-wo·.ild tection," "whether they realize it or ognizes what reality ought to be. The have to be slashed by around 10 i .er­ not, many workers would be umem­ plain truth is that even if we could, we cent. ployed today were it not for invest­ should not consider this conference Few people want to see that happen. ments in the pollution abatement and report until after we return from the It is not a rational or just or equitable control business." recess. or fair or reasonable way to meet the The companies created ranged from D 1240 targets we must reach. But it is what manufacturers of smokestack emission we will do-indeed it is what we should control equipment to laboratories There are two reasons to wait. The do given the massive danger the deficit which test for chemical contamina­ first is a traditional and valid concern: poses-if we do not develop a more bal­ tion. Both the Congress and the country anced program for meeting our deficit As for productivity, regulations will need some time to study the de­ goals. which forbid companies from dis­ tails of the report. Even a month and a half after the Senate bill took form, A balanced budget program must, of charging liquid and solid waste often course, include a series of targeted result in the installation of new, more we are still discovering new items in it and debating the different implica­ spending cuts. But it should also re­ productive processes. Instead of being strict the degree to which we must discharged, pollutants become valua­ tions which flow from it. We ought to take time to look at how issues like depend on cuts by increasing revenues ble resources which get recycled, as well. saving on input costs. IRA's and State sales taxes and medi­ cal expenses and retroactivity and cap­ Neither the House nor the Senate Other industries such as breweries tax reform bill makes a meaningful depend on clean water or air for their ital gains and all the rest are resolved by the conference report. And I know contribution to that goal. Neither bill processes and locate in regions where looks at tax policy as a part of the they are abundant. Tourism, too, de­ it will take some time to do an analysis of the conference report to determine budgetary process. Both deny us addi­ pends on a healthy environment for tional revenues because they accept, its survival. if it involves-as the Senate bill did­ possible tax increases for one-fourth as a premise, the notion of revenue This is one myth that deserves de­ neutrality. While revenue neutrality bunking. to one-third of all middle-income Americans. So we need some time to may make some sense in terms of tax Mr. President, I suggest the absence policy, it makes no sense at all if of a quorum. study the legislation which emerges from the conference committee. viewed from the perspective of our I withhold that, Mr. President. I over-riding economic and budget yield the floor. But we ought not rush to judgment for a second reason: this tax bill is needs. being shaped in a unique economic en­ Now, Mr. President, I am a realist. If RECOGNITION OF SENATOR vironment. Some significant fiscal a revenue neutral tax bill came before LEVIN streams-spending and revenues-are us today, it would be adopted-just as The PRESIDING OFFICER. Under flowing into a budgetary ocean right it was last month in the Senate and the previous order, the Senator from now. last year, in the House. We would Michigan, Mr. LEvm, is recognized for In terms of the deficit, we have adopt it even though we understand, a period not to exceed 5 minutes. made an irrevocable commitment in in some intellectual way, that revenue Mr. LEVIN. Mr. President, I thank Gramm-Rudman-Hollings: we will neutrality is inconsistent with fiscal the Chair and I thank my friend from reduce it. We can fulfill that commit­ responsibility. But if we consider the Wisconsin. ment by decreasing spending, by in­ tax bill at the same time that we are creasing revenues or by a combination forced to face a $25 billion sequester of the two. Clearly the choice we make order-and we probably will face such TIMETABLE ON THE TAX BILL about how to reduce the deficit an order in September-well, then the Mr. LEVIN. Mr. President, we all should, to a degree, be dependent on situation may be different. It will not know that once the conventional the size of the deficit. After all, it is just be an intellectual problem. It will wisdom is established, it resists one thing to depend on just spending be an emotional and a political prob­ change. So it is not surprising that, de­ restraint if you need to get $5 billion lem of the first order. And, as a result, spite growing signs to the contrary, to meet your deficit goals; it is quite we may take the opportunity to review some people still predict that some­ another thing to place the entire our priorities, reexamine our options, how the conference committee on the burden of meeting deficit goals on and revisit the concept of tax reform. tax bill will reach agreement and, spending alone if you need to get $25 In that environment we might do when that happens, the Congress can billion. what we should do: impose a tough pass it-all before August 15-and, as Well, we are about to find out just minimum tax, tighten up tax loop­ that prediction goes, the President will how many billions we will need to get. holes and apply most of those reve­ sign it by Labor Day. On August 15, a deficit snapshot will nues to deficit reduction rather than Now, Mr. President, that just should be taken. But it can take up to 15 days using them to fund uneven tax cuts. not happen. In pragmatic terms, the to be fully developed. It just makes no We would no longer be operating in conference committee, while working sense to take final action on the tax a vacuum of uncertainty regarding the quickly, is not about to reach a hasty bill before the deficit picture is clear. precise size of our deficit-reduction re­ decision. The bills before it are both If we do, we may find-much to our quest. The chemistry would totally profound and complex. As the events regret-that the final budgetary pic­ change. over the weekend suggest, producing a ture is badly out of focus. And that, Mr. President, is why a consistent and coherent piece of legis­ Let me give you an example. Current conference report on the tax bill­ lation will not be easy. If an agree­ rumor indicates that even under the even if it were available-should not ment is reached in August, it probably terms of the budget we adopted and be considered until we return in Sep­ will not be reached much before the even with the reconciliation bill, we tember. And that is why this Senator 15th. Senator DoLE has implicitly rec- may miss the Gramm-Rudman-Ho!- is encouraged by the fact that the tax 17826 CONGRESSIONAL RECORD-SENATE July 28, 1986 bill is no longer specifically identified MATTIE SHARPLESS: MAKING GOVERNMENT by name by the majority leader in the HER CAREER and became an international economist in list of legislation which "must" be con- (By Lorraine Stuart Merrill> the International Trade Section of the "I strongly believe that one should set FAS." Sharpless continues her education, sidered before recess. ' particularly in foreign languages, with grad­ Mr. President, I yield the floor. personal goals in life," confides Mattie Sharpless, agricultural counselor to the U.S. uate courses taken through the USDA's Embassy in Bern, Switzerland. graduate school program. High self-esteem and confidence while With her added qualifications, Sharpless ROUTINE MORNING BUSINESS working to achieve those goals, Sharpless began her serious climb of the career ladder. notes, are essential to success with this gov­ She speaks with the most excitement of her The PRESIDING OFFICER. Under post as assistant agricultural attache to the the previous order, there will now be a ernment career strategy. Sharpless has been setting goals for herself since her days as a US Mission to the European Communities period for the transaction of routine schoolgirl in rural North Carolina. in Brussels, Belgium. morning business for a period of time Sharpless had always wanted to see the In Brussels she monitored the agricultural not to extend beyond the hour of 1 world. While studying business education at trade policies of the Community, the eco­ p.m., with statements limited therein North Carolina College in Durham, NC, she nomic organziation of the then ten Western to 5 minutes each. cherished her dream of travel abroad. European nations, to watch for adverse The. Chair now recognizes the Sena­ Awarded her bachelor's degree, she had de­ impact on American agricultural trade on cided that service in the Peace Corps would the world market or with the Community tor from North Carolina. offer her the opportunity for both travel itself. Here, Sharpless says, she witnessed and service to others. and relished "the brawl of international But Sharpless would not see foreign lands trade relations between the European Com­ MATTIE SHARPLESS: A CREDIT as a Peace Corps worker; her father had munity and the United States. TO NORTH CAROLINA AND died, leaving her mother with a large family Transferred back to Washington, Sharp­ THE NATION to support and educate. Her mother per­ less was named Group Leader of the West­ suaded her that she needed to find a job ern European Group of the Western Europe Mr. HELMS. Mr. President, Harry that would provide a dependable income. and Inter-America Division of the FAS. In Golden wrote a book entitled, "Only in Taking a job as an administrative assist­ this position she and her five-member staff America," in which he cited many ex­ ant with the United States Department of were responsible for following the agricul­ amples of how hard work, dedication Agriculture's Soil Conservation Service, tural trade policies of all the Western Euro­ and high principle can take Americans Sharpless moved to Washington, DC follow­ pean nations. Then the Secretary of Agri­ ing her graduation from college. Shortly culture appointed Sharpless to her present to astonishing success. after arriving in the nation's capital, she post as Agricultural Attache to the Ameri­ Today, let me brag a bit about learned of the existence of the Foreign Ag­ can Embassy in Bern. Promoted to the rank Mattie Sharpless, a young black riculture Service, another branch of the De­ of Agricultural Counsel in the summer of woman born in Hampstead, NC-one partment of Agriculture. Seeing her chance 1985. Sharpless continues as the top FAS of 17 children who spent their early for travel, within six months of her arrival representative at the embassy in Bern. Few years in a small home in ea.stem North in Washington she had transferred to a women or blacks have achieved this rank in similar clerical position with the FAS. · the Foreign Service. Carolina. Their home had no plumb­ The FAS is an agency of the US govern­ "Oh, I still get a lot of mail addressed to ing, and their mother wa.s widowed ment which is connected with both the De­ 'Mr.' Mattie Sharpless," She adds. And, yes, before her children were grown. partment of Agriculture and the Depart­ being a female makes her work a bigger The mother, Mrs. Lecola Sharpless, ment of State. Agriculture is a vital part of challenge. "It's two or three times as tough never accepted welfare-she raised the economy, for the United States, and for for women to get European men 'especially' those children by working hard her­ all the countries of the world. to listen to them and take them seriously. self, and teaching them to work. FAS officers gather and analyze informa­ But eventually they find they can trust you tion on the farm policy, production, and to know what you're talking about... "she Now, Mr. President, about Mattie trade of foreign countries for the American says confidently. At present there is one Sharpless: I said that I wa.s going to government and public. They are also re­ woman agricultural counselor and one agri­ brag about Mattie. But wa.s it Dizzy sponsible for communicating information on cultural attache representing the United Dean who said that "braggin' ain't American agricultural policy, production, States in Europe. Sharpless wishes more braggin' if· you can prove it"? And I and trade to foreign government and agri­ young women and young blacks would can prove it, because today, Mattie cultural leaders. High-ranking FAS officers, pursue FAS careers. Sharpless is in Rome, at the U.S. Em­ titled agricultural counselors and attaches, Just returning from a skiing holiday in are stationed at American embassies and the French Alps at the time of the inter­ bassy there, following a promotion missions around the world. view, Sharpless is enjoying her post in Swit­ from her previous assignment in Swit­ They are diplomats, employees of the For­ zerland. Bern is a beautiful medieval city. zerland a.s Agricultural Counselor at eign Service as well She loves the fabled Swiss landscape, par­ our Embassy at Bern. as the FAS, appointed to represent the US ticularly the incomparably cared-for farms, Thanks to our distinguished U.S. government in its relations with other na­ and is fascinated with the multilingual soci­ Ambassador to Switzerland, Faith tions and international organizations. Due ety. She has much respect and affection for Whittlesey, I learned the details about to their diplomatic roles, agricultural coun­ the Swiss people. selors and attaches must be experts at deal­ Sharpless becomes even more animated as Mattie's career. And I have a copy of ing with people in other countries, as well as she talks about her pride in her work. "Agri­ the publication, "Equal Opportunity," experts in econoinics and agriculture. culture is an integral part of world affairs­ which reviews that career. Ambassa­ Sharpless' first foreign assignment was in food for the needy, international trade dor Whittlesey states that Miss Sharp­ with the US delegation to the Kennedy affairs, the role of agriculture in the United less supervises a staff of seven at the Round of Multilateral Trade Negotiations Nations, and more." To Sharpless, one of U.S. Embassy in Rome, adding that in Geneva, Switzerland. A year later she was the most interesting areas is "The interna­ Mattie "is a superb representative of transferred to Paris, where she worked for tional side-the multilateral trade agree­ four and one-half years in the Office of the ments." She expresses great pride in the our country, patriotic, poised, warm, Agricultural Attache at the US Mission to world agricultural data produced and ana­ friendly and highly professional in the Organization for Economic Cooperation lyzed by the FAS which, she says, is valued every respect." and Development. She had certainly around the world. I think I have proved my bragging, achieved her goal of traveling to exciting "My career in the FAS has been challeng­ Mr. President, and I a.sk unanimous places, but she found that this alone was ing and rewarding. Being in the Foreign consent that the aforementioned not enough to satisfy her need for chal­ Service provides a great opportunity to "Equal Opportunity" article about lenge. work and live abroad and to broaden one's Mattie Sharpless be printed in the "I found I was doing my bosses' work," horizons in life," says Sharpless. she comments during an interview at her She has found the challenges of adjusting RECORD. office at the American Embassy in Bern, to the different cultures and ways of life to There being no objection, the article overlooking the turquoise waters of the be valuable experience. Especially challeng­ wa.s ordered to be printed in the River Aare. "So I earned a master's degree ing is the need to become adept in the lan­ RECORD, a.s follows: in business administration and economics guages of host countries. Sharpless is fluent July 28, 1986 CONGRESSIONAL RECORD-SENATE 17827 in French, and is rapidly gaining proficiency ing to claims made by Dr. Larry Brown But some people are convinced that there is in German. Knowledge of at least one for­ of the Physician Task Force on a massive problem. So they put pressure on eign language is required for a career in the Hunger in America. us reporters in the bureaus to find facts to FAS, and the more language background a One of my concerns is the manner in confirm their theories. Often reporters are individual has, the better. just lazy-they call up the local hunger coa­ Recipient of numerous awards and certifi­ which the news media accept at face lition and they produce a hungry person to cates for outstanding performance and value absurd charges made by Dr. go on the air. career development, as well as bonus awards Brown and others with regard to the for her proficiency in French, Sharpless has status of poor Americans when any ob­ Mr. President, I ask unanimous con­ always worked to live up to her motto, "To jective analysis of Dr. Brown's charges sent that an editorial from the Detroit be the best at what you do, and strive for discloses significant weaknesses. The News, entitled "Hands Across Our the utmost in professionalism while doing General Accounting Office, after Eyes," be printed in the RECORD at this it." having examined the methodology of point. Excelling in a tough, competitive field is There being no objection, the edito­ not easy. The single most important thing the task force report, concluded that in building a career is to satisfy yourself, the "study's overall methodological rial was ordered to be printed in the she adds. When you set standards, an.d meet limitations are such as to cast general RECORD, as follows: them, the job is well done, and "monetary doubt on the study's result." These HANDS ACROSS OUR EYES rewards will ultimately follow." flaws, according to GAO, were "suffi­ Hunger, in case you haven't noticed, has The same qualities are required for scal­ ing a career ladder, according to Sharpless, cient to vitate the overall integrity and become the most sensational national whether the career is in government or pri­ credibility of the report." Such short­ "problem." Journalists, inspired by docu­ vate industry. She lists those qualities as comings, including the GAO report, dramas and Hands Across America, have "strength, perseverance, determination, and have largely been ignored by the scoured the nation to find hungry people­ m9st of all, a positive outlook on life." The media. and contradict the president's assertions setting of personal goals is important in set­ Confirmation of the media's bias has that there's enough food and federal help to ting the direction of a career path. Then, feed any hungry Americans. What you prob­ come in the form of a recent article in ably haven't heard is that most of the she advises, always believing in your ability the summer edition of Policy Review, to achieve those goals, "strive for excellence horrow stories are contrived. in whatever you set out to achieve." the quarterly publication of the Herit­ The latest issue of Policy Review maga­ "My advice to young people today." age Foundation. zine carries an extraordinary piece by man­ Sharpless counsels, "is to become educated Mr. President, the point is this: Why aging editor Dinesh D'Souza. In the course at the highest level possible. The work envi­ do so many elements of the major of his study of the "liberal culture of net­ ronment is extremely competitive, and media inevitably give instant credibil­ work news," Mr. D'Souza interviewed ABC­ today, a four-year degree is just a stepping ity to liberal viewpoints-without TV reporter Rebecca Chase who "admitted stone to the path of the career ladder." bothering to check the other side of to exasperation with the way the three net­ Good working relationships with cowork­ works covered the issue of hunger during ers, and earning that respect and building the story? "Hands Across America." Ms. Chase told working relationships. Rebecca Chase of ABC News was him that network producers "were almost in How to prepare for a potentially glamor­ interviewed in the course of the Policy competition to find hungry people. One re­ ous and challenging career was the FAS? Review article and provided a graphic porter was asked to scour the small towns of Some type of farm background is a help, example. Let me quote from the arti­ Mississippi to find hungry people; she trav­ but this does not have to mean growing up cle: eled for days, sometimes through places on a farm. College concentration should be Many reporters instinctively give credibil­ where 80 to 90 percent of people were on in economics, agricultural economics, or pos­ food stamps, but she couldn't find hungry sibly a field like agronomy, with some eco­ ity to liberal sources. Chase cites the recent people." nomics. A master's degree is preferred. Harvard Task Force report on hunger, which identified 20 million hungry Ameri­ "Basically," she continued, "the evidence Working knowlege of a language, or some shows that we have a food stamp program cans. Follo~g up on the study, Chase went type of international experience, is usually that works pretty well. But. some people are required. At any rate, be prepared to learn to one of the towns identified in the study as worst off. "It was the part of Texas convinced that there is a massive problem. at least one language. So they put pressure on us reporters in the Competition is stiff, but well-qualified where Texas A&M is located," Chase says. "Of course students list low incomes, so the bureaus to find the facts to confirm their candidates are always in demand, acl'!ording theories. Often reporters are just lazy-they to FAS officials in Washington. One officer average income is very low. But those stu­ dents aren't hungry. The real problem is call up the local hunger coalition and they recommends that an interested college stu­ produce a hungry person to go on the air," dent find a way to get some foreign agricul­ with food stamp distribution, and it is in other parts of Texas that weren't men­ Ms. Chase was particularly offended-and tural experience, such as an exchange pro­ rightly so-by the Harvard Physicians Task gram or serving in the Peace Corps. tioned in the study." Too often, reporters don't bother to do fact-checking when faced Force on Hunger and its "study" which sup­ A career in the Foreign Agricultural Serv­ posedly identified 20 million hungry Ameri­ ice begins with a three-year probationary with claims that fit their cultural predispo­ sitions, Chase said. But let the administra­ cans. period, followed by an eligibility review In following up on the study, released last which includes written and oral examina­ tion make a claim that some place iS better off than before, and there is a frenzied fall, Ms. Chase went to one of the towns tions. An employee who passes this screen­ identified as among the "hungriest" in ing receives Foreign Service classification effort to prove it factually wrong. America. She said: "It was the part of Texas with the Department of State and is eligible Mr. President, the article elaborated where Texas A&M is located. Of course stu­ for posting overseas. on contrived efforts to produce hungry dents list low incomes, so the average Agricultural Counselor Sharpless is enjoy­ people for television reports. "New ing her tour of duty in Switzerland, and income . Congress' would like a post in Africa next. Only Across America event. According to nominally nonpartisan research arm, re­ Mattie Sharpless knows where her career the article: leased a scathing methodological review of will lead. You see she sets these goals. the ~arvard hunger study last March, con­ One reporter was asked to scour the small cluding that "the study's overall methodo­ towns of Mississippi to find hungry people; logical limitations are such as to cast gener­ TV JOURNALISTS ADMIT IT: she traveled for days, sometimes through al doubt on the study's results." THEY'RE BIASED IN FAVOR OF places where 80 to 90 percent of the people The GAO found that the Harvard "study" LIBERAL CAUSES were on food stamps, but she couldn't find had used very crude statistical methods, in­ hungry people. cluding the use of a single month's partici­ Mr. HELMS. Mr. President, over the Basically, the evidence shows that we pation in the food stamp program and question­ interesting articles reinforcing my pretty well, ably updated 1970 poverty estimates to de­ June 26 comments in the Senate relat- Chase says. termine the level of hunger in 1985, finding 17828 CONGRESSIONAL RECORD-SENATE July 28, 1986 these flaws "sufficient to vitiate the overall Author Dinesh D'Souza asked about cause "South Africa calls itself a civilized integrity and credibility of the report." certain double standards in television and pluralistic society." But, I said, the This devastating critique of the work of news coverage: Soviet constitution makes similar extrava­ gant claims of freedom that are not met­ the foremost promoter of the "growing I asked John Mcwethy of ABC News why hunger problem," was never reported by the the networks frequently describe South why not assess it by that standard? "Marx­ media. Instead, Harvard's Lester Brown re­ Africa as an evil empire, but cringe when ist rhetoric makes claims of freedom. But ceived unchallenged air time throughout the same term is used to characterize the nobody believes it." What if South Africa the "Hands Across America" hype, present­ Soviet Union. Presumably a uniform zest for were to renounce the West and ally itself ing his fundamentally flawed study as "evi­ negativism or drama, or an evenly anti-au­ with the Soviet Union-would that guaran­ dence." As Ms. Chase admitted to Policy thority bias, would demand that equally tee it a better shake from the American TV Review, reporters are much too willing to stringent human rights standards be applied media? Threlkeld was taken aback. "That accept any claims that fit their own ideolog­ to both countries. Mcwethy firmly defend­ shouldn't be an incentive for South Africa ical predispositions, while making "frenzied ed the double standard. Reagan's evil to go Communist," he said, sheepishly. efforts to disprove" counterclaims by the empire comment "was a gaffe because we Sometimes, our friends must administration. are dealing with a country with a nuclear wonder. Perhaps, Mr. President, we This may explain why Hands, for all of its arsenal that can destroy us." By contrast, should evaluate television news based vast hype, raised, a tiny net of only $11 mil­ "You can call South Africa an evil empire lion after spending all of the $17 million it with no really horrendous implications." By on the ability of the networks to got from Corporate America on administra­ this logic, all the world's moral opprobrium report on the alleged oppression tive expense. That $11 million amounts to should fall on some place like Suriname or within a country. Surely the oppres­ about one hour's worth of normal federal Uganda. Is it fear, and not moral consider­ sion alleged in South Africa, Chile, the food-stamp distribution. ations, which dictates our human rights Philippines, El Salvador, South Korea, What is most troubling about all of this is criticism of other countries? John Mcwethy and every other anti-Communist coun­ that virtually every serious statistical indi­ was silent; he didn't really have an answer. try ought to be balanced with an as­ cator shows that hunger in America is de­ Shifting ground a little, I asked Mcwethy clining, not rising. Personal incomes have why coverage of turmoil in South Africa sessment of oppression in the Soviet continued since 1980 to rise twice as fast as and Ethiopia was treated so differently by Union, Cuba, North Korea, Afghani­ food prices, and Americans were able to buy the network media. While in both cases the stan, and every other country con­ more and more food, with a smaller share of governments were criticized, it seemed that trolled by the Communists. The fact their income

71--059 0-87-47 (Pt. 12) 17840 CONGRESSIONAL RECORD-SENATE July 28, 1986 ommendations back to the President that was offered by the distinguished not going to get anything done on and Congress. Senator from Nebaska, until those Gramm-Rudman-Hollings II, whatever The safety of air passengers is too roadblocks can be set-aside either by it is called, sometime tomorrow. The important to avoid, in my judgment, a unanimous consent or by action there­ delaying actions continue. close look at this agency now after on, no one can offer any other amend­ I would simply say once again, Mr. these years. ment to that measure. President, that as I understand it, I certainly do not speak with any We spent a good many hours last these legal scholars of ours are off the disrespect toward the agency or the week, some days-one or more certain­ floor somewhere in the room negotiat­ Administrator. I think that Mrs. Dole, ly-with those measures before the ing or attempting to negotiate some the Secretary of the Department of Senate. kind of language that would collect Transportation, is one of the most The principal parties who are trying enough votes in the U.S. Senate to able Secretaries that I have seen of to work out some legislative modifica­ pass this newest concoction that is any Department since I have been in tions to the Gramm-Rudman Act do known as Gramm-Rudman-Hollings II. Washington. I know that Mrs. Dole not want those amendments set-aside. As I understand it, what they are has certainly inaugurated various So, here we are, doing virtually little trying to do since they do not trust steps that are calculated to promote or nothing on the debt limit legisla­ OMB, they are trying to put some safety of air travel in this country, and tion. fencing language of some kind around I am sure that the FAA is also trying Of course, I am not saying there is to do a better job in enforcing safety the bill that is passed, something that not some progress being made by says and directs OMB that if this bill regulations and requirements. those principles who are attempting to passes, they will treat such and such But that is not to say that the develop some modifications of the leg­ and such a fashion, with regard to ar­ agency could not stand some close islation. Certainly, there must be some scrutiny, and in view of the precipi­ riving at the automatic sequestered progress, but insofar as the whole cuts if indeed that responsibility tous and tremendous increase in the Senate is concerned, we are just sort number of airlines, major and com­ would eventually fall to OMB under of spinning our wheels. their latest triggering proposals. muter, and the number of aircraft I thank the Senator for his consist­ that are flying in this country follow­ ent efforts to press ahead and, hope­ If that is the case, Mr. President, ing the deregulation of the airlines, I fully, before many days he may be and I believe that is what the delay ·is think it is a very timely and needful more successful. all about, last Thursday, a key action that is called for by the legisla­ Mr. President, I yield the floor. member of Gramm-Rudman-Hollings' tion. Mr. EXON. Mr. President, I thank latest proposal indicated to this Sena­ It is supported by the able chairman the minority leader. tor that he thought probably yet on of the Aviation Subcommittee of the Thursday night and within the next Commerce Committee in the Senate, hour and a half or so, that language Senator KASSEBAUM. Also, it is cospon­ GRAMM-RUDMAN would be agreed to. As I understood it, sored by the equally able ranking mi­ MODIFICATION and I have not been privy to what nority member of that Aviation Sub­ Mr. EXON. I wonder if anyone on their discussions are, but I understand committee, Mr. ExoN, the distin­ the Senate floor is in a position to that indeed the chairman of the guished Senator from Nebraska. advise me as to what the plans are for Budget Committee and the ranking I appeared before the subcommittee continuation of the Gramm-Rudman­ minority member thereof are involved recently and both Senator KASSEBAUM Hollings debacle that we find our­ in this process. and Senator ExoN and other Senators selves in now from a parliamentary sit­ As I undertstand it, they are trying on that subcommittee showed their uation. to come up with some kind of lan­ enthusiastic interest in the legislation, I believe, and I ask the Chair if this guage that would keep a rein on, or their great concern about the need for is true, that on tomorrow, we will be fence off, some things that OMB could an objective study such as that pro- setting aside by previous agreement and could not do with regard to the se­ posed. . . the matter before us to go to another quester order. I thank Mr. EXON for his support of matter, that is on Tuesday; is that cor­ That concerns me very much. It that legislation and cosponsorship of rect? should concern every Member of this it. He is a powerful Senator. He is in a The PRESIDING OFFICER. The body and every person in the United very strategic position anent that leg­ Senator is correct. States if they are seriously concerned islation. His expressed concerns are Mr. . EXON. Could the Chair advise about getting on with the business of certainly equal to mine. I feel better, the Senator from Nebraska, what hour reducing the Federal deficit before we having introduced the legislation, to do we go on this other matter, what is leave here again August 15 next and know that it has his support, and I the other matter that we have agreed then come back for a fairly brief ses­ know that subcommittee will carefully to take up in lieu of the Gramm­ sion sometime after Labor Day. consider it and report it, I believe, to Rudman issue, and is there a time I warn once again, Mr. President, the full committee soon, hopefully, agreement on that particular meas­ something that I think is being essen­ and I hope that the full Senate and ure? tially ignored in this body and to a the other body will shortly act favor­ The PRESIDING OFFICER. One large extent by the press. If they go ably on the legislation and then the hour after the Senate convenes and ahead and fashion some kind of a President may then proceed to ap­ there is no time limit, 12 hours of fence or a lasso that they are going to point the Com.mission. debate. throw over certain parts of the budget Again, I thank the distinguished Mr. EXON. Do I understand the that Congress would have the right to Senator from Nebraska and also com­ Chair that 1 hour after we come in on jerk back if OMB decides to sequester pliment him on his efforts to get Tuesday, we will go to this other or cut that part of the budget, then I action on the debt limit bill. matter and then there is a limit of 12 would suggest that those legal schol­ With respect to Gramm-Rudman, hours? ars take a very close look at page 7 of the amendments that are before the The PRESIDING OFFICER. The the Supreme Court decision, Bowsher Senate at this time certainly are road- Senator is correct. versus Synar, which I quote again that blocks to any other amendments. Until Mr. EXON. I thank the Chair. says, "The Constitution does not con­ such time as they can be set-aside, to­ It seems to me that makes it pretty template an active role for Congress in gether with the Gramm-Rudman clear that we are not going to get any­ the supervision of officers charged amendments to the motion to recom­ thing done on Gramm-Rudman today with the execution of the laws that mit and report back with instructions because of the blocking action. We are it"-it being Congress-"enacts." July 28, 1986 CONGRESSIONAL RECORD-SENATE 17841 Mr. President, I simply want to warn amendment, which I would remind the Mr. President, I take this opportuni­ again and again and again, many Senate once again has to do with a ty to extend my sincerest sympathy to Members with the best of intentions, sense-of-the-Senate resolution merely Representative O'Brien's family, his it seems to me, are going down that voting up or down as to why we should many friends, and his constituents slippery slope once again of allowing not go ahead with the fallback provi­ back in Illinois. this whole important deficit matter to sion and, therefore and thereby, essen­ slide once again and be held up by a tially set aside the proposition of possible action in the Supreme Court. going through the excessive fixing MESSAGES FROM THE And I am very fearful that if they do mechanism that at least this Senator PRESIDENT what they are contemplating on doing, has been debating for several hours Messages from the President of the and I guess that is one of the reasons now over the last few days. United States were communicated to that it has taken as long as it has to I do not intend to propound that re­ the Senate by Mr. Saunders, one of his try and work something out, maybe quest immediately unless I hear some secretaries. the word is getting through that they suggestion that I should because, as are fearful that they will botch up the far as I can see with my eyes, there is mechanism once again. And botching no Senator presently present that EXECUTIVE MESSAGES up the mechanism is not necessary, as would be able to object, if an objection REFERRED I have said over and over and over is in order, save possibly my distin­ As in executive session, the Presid­ again, because if the original authors guished friend, the occupant of the ing Officer laid before the Senate mes­ of Gramm-Rudman-Hollings were cor­ chair. And whether or not he cares to sages from the President of the United rect-and the Supreme Court has indi­ do that, I know not. I simply say, as a States submitting sundry nominations cated that they were correct-in matter of courtesy to my colleagues, I which were referred to the appropri­ coming forth with a backup provision will not make that request at least at ate committees. which the Court specifically referred this moment but very shortly.

District for ~he fiscal year ending Septem­ breviation for the words "Japan" and "Japa­ Communist countries; to the ~ommittee on ber 30, 1987, and for other purposes; nese"; to the Committee on Labor and Banking, Housing, and Urban Affairs. H.R. 5177. An act making appropriations Human Resources. , EC-3520. A, communication from the for Agriculture, Rural Development, and Chairman of the Board of Governors o1 the Related Agencies -for the fiscal year ending 1 Federal Reserve _System, transmitting, pur­ September 30, 1987, and for other purpbses; MEASURES·PLACED ON Tl{E~<. suant o law, the Monetary Policy Report, H.R. 5223. An act to permit the removal of · ·CALENDAR dated .Tuly 18, 1986; to the Committee on certain material from the Mount Rushmore Batiking, Housing, and Urban Affairi. • b ;:, National Memorial; and ·- The folfuwing bill was read the H.J. Res. 547. Joint re olution to designate second time, and placed on the calen­ EC-3521. 'A conutmnication from tne::Sec.­ October 1986 .as "Polish American Month." dar: retary of the Interior, transmitbing, pursu­ ant to.law, notice of a leasing systen):lfor the The message also. announced that S. 2690. A bill to prohibit certain compa­ westerp. Gulf of Mexico; to the Committee th~ H~use :has agreed to the following nies who have filed for bankruptcy from dis­ on Energy and Natural Resource .- · continuing medical and life insurance bene­ concurrent resolution, in which it re­ fits to retirees. EC-3522. A communication froi;n the quests the concurrence of the Senate: Chairman of the National Research Coun­ H. Con. Res. 290. A concurrent resolution The Committee on Armed Services cil, transmitting, pursuant to law~ a report to recognize "Jpn." as the appropriate ab­ was discharged · from the further con­ entitled "T°\(rin Trailer Trucks: Effects on breviation for the worcls-"Japan'" and "Japa- sideration of the following bill; which Highways and Highway Safety"; to the nese." · was placed on the calendar': ' Committee on Environment and Public Works. ENROLLED BILLS AND JOINT RESOLUTION SIGNED S. 1793. A bill to amend the Public Health Service Actrto establish a grant program to EC-3523. A communication from the Ad­ At 12:51 p.m.,< a message from the mil).istrator of Peneral Serv ces, transmit­ House of Representatives, delivered by develop improved systems' of caring for med­ ical teclmology dependent children in the ting, pursuant to law, an amended lease pro­ Mr. Berry.none of its reading clerks, home, and for other purposes. spectus to acquire space in Washington, DC; announced that the · Speaker has to the Committee on Environment and signed the following enrolled bills and r Public Works. . joipt resolution: EXECUTIVE AND OTHER ' ,... EC-3524. A communication from the H.R. 1406. An act to authorize appropria­ COMMUNICATIONS Deputy Chief for ':Programs, Soils Conserva­ tion Service, Department of Agriculture tions for nongame fish and wildlife conser­ The following ·communications were vation during fiscal years 1986, 1987, and transmitting, pursuant to ·law, the water: 1988; laid before the Senate, together with shed plan and environmental impact state­ H.R. 2991. ·An act forcthe relief of Betsy L. accompanying papers, reports, and ment for the North Deer Creek Watershed, Randall; and. documents, which were referred as in­ Oklahoma; to the Committee on Environ­ H.J. Res. 623. Joint resolution to author­ dicated: ment and Public Works. ize the designation of a calendar , week in EC-3513. A communication from the EC-3525. A communication from the Ad­ 1986 and 1987 as National Infection Control Deputy Secretary of Agriculture, transmit­ n:tinistrator of General Services, transmit­ Week. ting a draft of proposed legislation to tmg, pursuant to law, a report on the cost of The enrolled bills and joint resolu­ amend the Federal Crop Insurance Act· to travel to Government employees while en­ tion were subsequently signed by the the Committee on Agricu~ture, Nutritlon, gaged on official business; to the Committee and Forestry. on Governmental Affairs. Presid~nt pro tempore [Mr. THUR­ EC-3514. A communication from the Sec­ EC-3526. A communication from the Sec­ MOND]. retary of Agriculture, transmitting, pu su­ retary of the Postal Rate Commission ant to law, the annual report on agricultural transmitting, pursuant to law. notice of th~ MEASURES REFERRED trade consultations for 1985; to the Commit­ postponement of a scheduled hearing until tee on Agriculture, Nutrition, and Forestry. further notice; to the Committee on Gov­ The following bills and joint resolu­ EC-3515. A communication from the ernmental Affairs. tion were read the first and second Deputy Chief for Programs. Soil Conserva­ EC-3527. A communication from the times by unanimous consent, and re­ tion Service, Department of Agriculture, Chairman of the Federal Maritime Commis­ f erred as indicated: transmitting, pursuant to law, a watershed sion, transmitting, pursuant to law, the plan. and environmental impact statement annual report of the Commission under the H.R. 4782. An act to designate the United Government in the Sunshine Act for calen­ StJLtes Post Office Building, being construct­ for the Big Creek-Hurricane Creek Water­ shed, Missouri; to the Committee on Agri­ dar year 1985; to the Committee on Govern­ ed in La Place, LA, as the "Gillis W. Long mental Affairs. Post Office Building"; to the Committee on culture, Nutrition, and Forestry. Governmental Affairs. EC-3516. A communication from the EC-3528. A comrµuajcation from the H.R. 4852. An act to designate the United Deputy Chief for Programs. Soils Conserva­ Chairman of the Council of the District. of States Post Office -to be constructed in ,tion Service, Department of Agricultm:e. Columbia, transmitting, pursuant to law Barnwell, SC. as the "Solomon Blatt, Sr. transmitting, pursuant to law. a watei:shed copies of D.C. Act 6-188 adopted by th~ Post Office Building"; to the Committee on plan and environmental impact statement Council on July 8, 1986; to the Committee Governmental Affairs. for the .South Fork watershed, Kansas; to on Governmental Affairs. ( H.R. 5175. An act making appropriations the Committee on Agriculture. Nutrition, EC-3529. A communication from the for the government of the District of Co­ and '.Forestry. Chairman of the Council of the District of lumbia and other activities chargeable in EC-3517·. A communication from the Columbia, transmitting, pursuant to law whole or in part against the revenues of said Acting Deputy Assistant Secretary of the copies of D.C. Act 6-189 adopted by th~ District for the fiscal year ending Septem­ Air Force . Council on July 8, 1986; to the Committee ber 30, 1987, and for other purposes; to. the transmitting, _pursuant to law. a report on on Governmental Affairs. Committee on, Appropriations. t.lw conversion of the grounds maintenance EC-3530. A communication from the H.R. 5177. An act making appropriations function at Beale Air Force Base, CA, to Chairman of the Council of the District of for Agricultre, Rural Development, and Re­ performance under contract; to the Com­ Columbia, transmitting, pursuant to law lated Agencies for the fiscal year ending mittee on Armed Services. copies of D.C. Act 6-190 adopted by th~ September 30, 1987, and for other purposes; EC-3518. A communication from the Council on July 8, 1986; to the Committee to the Committee on Appropriations. Acting Deputy Assistant Secretary of the on Governmental Affairs. H.R. 5223. An act to permit the removal of Air Force and of the act of Sep­ ment services to electric utility customers in cies for costs incurred in investigations tember 11, 1957; to the Committee on the this country and abroad; to the Committee which substantially contribute to the Judiciary. on Energy and Natural Resources. recovery of Federal taxes. EC-3558. A communication from the Sec­ EC-3546. A communication from the Sec­ S.2489 retary of the National Aviation Hall of retary of Health and Human Services trans­ Fame, Inc. transmitting, pursuant to law, its mitting, pursuant to law, the annual report At the request of Mr. KENNEDY, the 1985 Audit Report: to the Committee on the on Medicare for fiscal year 1983; to the name of the Senator from Hawaii CMr. Judiciary. Committee on Finance. MATSUNAGA] was added as a cosponsor 17844 CONGRESSIONAL RECORD-SENATE July 28, 1986 of S. 2489, a bill to improve the train- tional Pearl Harbor Remembrance the Ukraine. It released massive i.ng of physicians in geriatrics. Day" on the occasion of the anniversa- amounts of radioactivity, some of s. 2496 ry of the attack on Pearl Harbor. which crossed the Soviet borders to At the request of Mr. WALLOP, the SENATE JOINT RESOLUTION 359 reach Scandinavia, Eastern Europe, names of the Senator from West Vir- At the request of Mr. NICKLES, the and other countries. Traces of radioac­ ginia £Mr. ROCKEFELLER] and the Sena- name of the Senator from Alaska [Mr. tivity ultimately reached the United tor from Alaska [Mr. STEVENS] were STEVENS] was added as a cosponsor of States. added as cosponsors of S. 2496, a bill Senate Joint Resolution 359, a joint During the first days of the accident, to authorize the President to award resolution to designate March 17, the Soviet Union provided little infor­ congressional gold medals to Ors. 1987, as "National China-Burma-India mation about its causes or the progres­ Andrei Sakharov and Yelena Bonner Veterans Association Day." sion of the resulting clouds of con­ for the great personal sacrifice they SENATE CONCURRENT RESOLUTION 130 taminants. Neighboring European have made to further the causes of At the request of Mr. HOLLINGS, the countries did not receive prompt, human rights and world peace. names of the Senator from Hawaii timely notification of the Chernobyl s. 2573 [Mr. MATSUNAGA], and the Senator tragedy. Mr. President, the world des­ At the request of Mr. HEINZ, the from Utah [Mr. HATCH] were added as perately needed regular updates about name of the Senator from California cosponsors of Senate Concurrent Res­ the course of the Chernobyl disaster CMr. WILSON] was added as a cospon- olution 130, a concurrent resolution to and the extent to which corrective sor of S. 2573, a bill to amend the Dis- recognize the visit by the descendants measures were being taken. aster Relief Act of 1974 to provide of the original settlers of Purrysburg, Unfortunately, arrangements for in­ more effective assistance to disaster SC, to Neufchatel, Switzerland, in Oc- stant communication among the na­ and emergency victims. tober of 1986 as an international ges- tions affected by the Chernobyl trage­ s. 2574 ture of goodwill. dy were rudimentary. For several days At the request of Mr. HEINZ, the SENATE RESOLUTION 385 the world was in the dark about this name of the Senator from Ohio [Mr. At the request of Mr. SASSER, the nuclear disaster. METzENBAUM] was added as a cospon- name of the Senator from Massachu­ Harvard University physics professor sor of S. 2574, a bill to amend the Dis- setts [Mr. KERRY] was added as a co­ Richard Wilson warns that "with over aster Relief Act of 1974 to provide sponsor of Senate Resolution 385, a 300 big reactors around the world, more effective assistance to disaster resolution to express the sense of the we'll average a meltdown every 30 and emergency victims. Senate that certain action be taken to years." With that kind of constant s. 2665 end hunger in the United States by threat looming over the world, we must be prepared to deal · with the At the request of Mr. SYMMS, the 1990. next Chernobyl. name of the Senator from New Hamp­ Mr. President, a communication shire CMr. HUMPHREY] was added as a SENATE RESOLUTION 455-RELA­ system must be developed that would cosponsor of S. 2665, a bill to amend TIVE TO THE CREATION OF AN immediately notify the international the national maximum speed limit EARLY NOTIFICATION SYSTEM community of a nuclear accident and law. FOR NUCLEAR ACCIDENTS the danger it poses. s. 2678 Mr. DIXON submitted the following For this reason, I am submitting a At the request of Mr. BENTSEN, the resolution; which was referred to the sense of the Senate resolution that name of the Senator from Oklahoma Committee on Foreign Relations: urges the President to endorse the de­ [Mr. BOREN] was added as a cosponsor · velopment of such an early notifica­ of S. 2678; a bill to provide a compre­ S. RES. 455 Whereas the recent nuclear accident at tion system. When the International hensive national oil security policy. the Soviet Chernobyl nuclear power station Atomic Energy Agency meets this Sep­ s. 2680 has heightened concern as to the ability of tember to consider the development of At the request of Mr. THuRMoNn, the the international community to react quick­ such an early notification system, the names of the Senator from Nebraska ly and efficiently to such situations: United States must demonstrate its [Mr. ExoN], the Senator from Arkan­ Whereas the world learned of the Cherno· full support. sas [Mr. PRYOR], the Senator from byl disaster only after contaminants had All of us, are, of course, interested in crossed international boundaries: every possible preventive measure to Wyoming CMr. WALLOP], and the Sena­ Whereas few steps were taken to notify tor from Tennessee [Mr. GoRE] were the endangered nations with only limited in­ avert nuclear accidents in the future. added as cosponsors of S. 2680, a bill formation released after great delay; Should an unforeseen accident occur, to amend the Internal Revenue Code Whereas a prompt, efficient method of however, the world must be better pre­ of 1954 to allow a charitable contribu­ international communication about nuclear pared and informed. tion deduction to farmers who donate accidents is urgently needed; and I urge your support for this resolu­ agricultural products to assist victims Whereas the International Atomic Energy tion. We must do everything humanly of natural disasters. Agency has scheduled a conference for Sep­ possible to prevent nuclear mishaps, tember 1986 to consider the development of s. 2690 . an early notification system for nuclear ac­ but we must also be prepared to meet At the request of Mr. RocKEFELLER, cidents: Now, therefore, be it the challenge of safely handling any his name was added as a cosponsor of Resolved, That it is the sense of the future nuclear accident. S. 2690, a bill to prohibit certain com­ Senate that the United States should ex­ panies who have filed for bankruptcy press its support for the creation of an early from discontinuing medical and life in­ notification system for nuclear accidents AMENDMENTS SUBMITTED and, furthermore, should express this sup­ surance benefits to retirees. port through the U.S. Ambassador to the SENATE JOINT RESOLUTION 322 International Atomic Energy Agency at the At the request of Mr. LAUTENBERG, September conference. INCREASE IN STATUTORY LIMIT the names of the Senator from Alaska SEC. 2. The Secretary of the Senate shall ON THE PUBLIC DEBT [Mr. STEVENS], the Senator from transmit a copy of this resolution to the Idaho CMr. SYMMsl, the Senator from President. Virginia CMr. TRIBLE], and the Senator NUCLEAR HOTLINE MATHIAS AMENDMENT NO. 2233 from Massachusetts CMr. KERR.vJ were Mr. DIXON. Mr. President, in late July 28, 1986 CONGRESSIONAL RECORD-SENATE 17845 increasing the statutory limit on the applying for patents and registering terable baseline, in the final analysis public debt; as follows: claims for copyrights and trade­ all the agencies agreed to include user At the end of the bill, add the following marks-are essential sources of reve­ fees. Congress alone can correct the new section: nue for the efficient administration of problem that Congress, in its haste to IN GENERAL.-Section 256 of the Bal­ our intellectual property laws. In addi­ anced Budget and Emergency Deficit Con­ craft the Gramm-Rudman-Hollings tion, user fee revenue allows these law, has inadvertently created. The trol Act of 1985 <2 U.S.C. 906> is amended by agencies to maintain and expand adding at the end the following new subsec­ Supreme Court decision striking down tion: their contributions to technological the sequestration process does not "(m) TREATMENT OF CERTAIN OFFSETTING progress and artistic expression-and to our national economy and securi­ help to solve the problem. Unless Con­ RECEIPTS.- gress acts, the same interpretation of "( 1) DETERMINATION OF CERTAIN ACCOUNT ty-without continual pressure for in­ BASEs.-Offsetting receipts shall not be creased deficit spending. Gramm-Rudman-Hollings used to cal­ treated as spending authority <2> of the Congressional law, as currently interpreted, impedes will govern the preparation, by OMB Budget Act> for purposes of determining these goals. When the fiscal year 1986 and CBO, of any deficit-cutting resolu­ under sections 251 and 252 the bases from tion presented to the temporary joint which reductions are to be taken for- sequestering order was prepared, both " Library of Congress, Copyright appropriated funds and offsetting re­ budget committee established by the Office, Salaries and Expenses <03-0102-0-1- ceipts or user fees were included in the fallback provisions of the statute. 376), and baseline against which the across-the­ Similarly, if Congress decides to revive "CB> Department of Commerce, Patent board reduction is assessed. Of course, the sequestration power by as&gning and Trademark Office, Salaries and Ex­ the reduction was actually taken only it to an executive branch agency. that penses <13-1006-0-1-376>. from appropriated funds; the user fees authority will probably follow the "(2) IDENTIFICATION OF ACCOUNTS.-For charged were not reduced. As a result, purposes of paragraph <1 > accounts are iden­ same accounting rules that were used tified by the designated budget account for both the Patent and Trademark for this fiscal year, unless Congress in­ identification code numbers set forth in the Office and the Copyright Office, tax­ structs it to do otherwise. Budget of the United States Government, payer-funded appropriations were re­ 1986-Appendix.". duced by a much larger percentage Congress has asked creators and in­ APPLICATION.-The amendment made than other nondefense accounts. novators to shoulder part of the by subsection shall apply to fiscal years Out of the total fiscal year 1986 non­ burden of running the Patent and beginning after September 30, 1986. defense sequesterable baseline of $240 Trademark Office and the Copyright e Mr. MATHIAS. Mr. President, billion, removing these user fees would Office by paying for the services they today I submit an amendment to have caused a reduction of only $125 use. But now Congress, under the pre­ House Joint Resolution 668 to change million, or about 52 thousandths of 1 vailing interpretation of Gramm.­ the treatment of Patent and Trade­ percent. However, while the overall Rudman-Hollings, penalizes creators mark Office and Copyright Office user budget impact is small, the effect of and innovators. The more they use the fees for the purposes of sequestration including user fees in the baseline on system, the more they invent and orders or resolutions under the these agencies can be devastating. create, the more will be slashed from Gramm-Rudman-Hollings statute. Sixty percent of Patent and Trade­ the taxpayer support for these agen­ Mr. President, it may appear that mark Office revenue comes from those cies. this amendment addresses a minor applying for patents and trademarks. issue of interest only to bookkeepers. Similarly, the Copyright Office re­ Both the President and Congress That appearance is deceptive. This ceives 40 percent of its funding from wanted to avoid an automatic tax in­ amendment addresses issues that are user fees. crease as a means of meeting deficit important to America's position in As a result of the fiscal year 1986 se­ targets. That's why the Gramm­ competitive world markets. questration order, the Patent and Rudman-Hollings law is limited to It is widely acknowledged in this Trademark Office's taxpayer-funded spending cuts. But the prevailing in­ Chamber that improving our industri­ appropriation was reduced, not by 4.3 terpretation of this law implicitly im­ al competitiveness is a very high prior­ percent, but by 10.5 percent, more poses a tax on creativity and innova­ ity. While there is disagreement as to than twice the across-the-board per­ tion. This not only places greater bur­ how to promote U.S. competitiveness centage of other nondefense accounts. dens on those who must pay; it also in the world, all agree that strong in­ In case of the Copyright Office the se­ jeopardizes the efficient administra­ tellectual property standards are a key questration cut 7 _percent of its tax­ tion of intellectual property laws that component. Our competitiveness is payer dollars. are so important to our economic pros­ closely tied to innovations which are The inequitable treatment of the in­ perity. promoted and protected by strong tellectual property agencies should laws on patents, copyrights and trade­ disturb all who care about American This is neither fair nor good policy. marks. innovation, creativity, and competi­ If automatic cuts are to be made, only However, the Gramm-Rudman-Hol­ tiveness. As chairman of the Subcom­ spending funded by the taxpayer lings statute threatens to undermine mittee on Patents, Copyrights and should be counted. Services that are our efforts to promote and protect in­ Trademarks, I am particularly con­ paid for by the users of the Patent and tellectual property by imposing on cerned about the prevailing interpreta­ Trademark and Copyright Offices both the Patent and Trademark Office tion of Gramm-Rudman-Hollings. In should not be included. Equity calls and the Copyright Office more than an effort to address this problem ad­ for such treatment, and American their fair share of across-the-board ministratively, I joined with Repre­ competitiveness would benefit from it. budget cuts. The ultimate effect is to sentative ROBERT KASTENMEIER, chair­ I ask unanimous consent that a impose a surcharge on the innovators man of the counterpart subcommittee letter to the Comptroller General and and creators who use the patent, copy­ in the other body, to write to the the responses from the Comptroller right and trademark systems. Comptroller General, the Congression­ Most agencies and programs receive al Budget Office and the Office of General, and the directors of the Con­ the vast bulk of their funding from Management and Budget. We asked gressional Budget Office and the the taxpayer through appropriations. them to justify their interpretation of Office of Management and Budget, be But the Patent and Trademark Office the statute, and if possible to reconsid­ printed in the RECORD. and Copyright Office also rely heavily er it. We learned that, while CBO ini­ There being no objection, the mate­ on user fees to pay for agency activi­ tially agreed that offsetting receipts rial was ordered to be printed in the ties. Both taxpayers and users-those should not be included in the seques- RECORD, as follows: 17846 CONGRESSIONAL RECORD-SENATE July 28, 1986 U.S. SENATE, As the chairman of the subcommittee of outlay reductions. § 25l<3>. The •COMMITTEE ON THE JUDICIARY, the Congress with oversight jurisdiction of only exceptions to the broad coverage of Washington, DC, June 11, 1986. the PTO and the Copyright Office, we this language are those specifically detailed Hon. CHARLES A. BOWSHER, share a special concern about the effect of in the various exemptions, exceptions, limi­ Comptroller General of the United States, deficit reduction measures on these agen­ tations. or special rules delineated in the General Accounting Office, Washington, cies. In order for us to be fully informed as Act. Consequently, in determining the re­ DC. we consider a legislative response to this quired sequester amount for each account, Dear Mr. Bowsher: We write concerning problem, we would be most appreciative if this Office considered two questions: <1 > an aspect of your responsibilities under you would explain your reasons for conclud­ which budgetary resources were covered by Public Law 99-177, the Gramm-Rudman­ ing that offsetting receipts should be includ­ the language of section 25l<3>, and Hollings law. that has particular importance ed in the baseline for sequestration, despite <2> which of those resources were protected for the federal agencies charged with ad­ the express terms of section 255 of P.L. by the various exemptions and limitations ministering our intellectual property protec­ 99-177. We would also like to know whether contained in the Act. tion statutes. We refer to the question of you believe that you have the authority to Both the Patent and Trademark Office the treatment of user fees in preparing se­ reconsider your conclusion on this question and the Copyright Office are authorized to questration orders under the statute. before proceeding with the calculations that collect certain fees in the course of conduct­ In preparing the sequestration order for P.L. 99-177 requires you to make for FY ing their operations. In the case of the Fiscal Year 1986, the General Accounting 1987. If so, we ask that you undertake this Patent and Trademark Office, those fees Office included both appropriated funds reconsideration, and advise us of the results. are credited to the appropriations account and offsetting receipts in the baseline against which the to be based on the reports you receive from the Directors of the Office of Management to be expended as provided in appropriation across-the-board reduction was assessed. Of acts. See 35 U.S.C. § 42. Those fees are thus course, the reduction was actually taken and Budget and the Congressional Budget Office. For FY 1986, these officers appar­ appropriated annually as part of the gener­ only from appropriated funds; in accordai:ice al appropriation to the office. See, e.g., De­ with section 255 of P.L. 99-177, offsetting ently agreed that offsetting receipts should be treated in the way that your report ulti­ partment of Commerce Appropriation Act, receipts were not reduced. As a result, the 1986, Pub. L. No. 99-180, title I, 99 Stat. appropriations for those agencies that re­ mately reflected. Accordingly, we are send­ ing similar letters to the OMB and CBO di­ 1136, 1139 0985>. In the case of the Copy­ ceive user fees were reduced by more than right Office, fees are credited to the appro­ the 4.3% cut applied to other nondefense rectors, seeking their reasons for this inter­ pretation of the statute, and asking them to priation account under several statutory au­ agencies. thorities 0 7 U.S.C. §§ 708. lllO ». and are also appropriated annual­ user fees was particularly severe in the case sponse to these requests. We look forward ly under the general appropriation to the of the Patent and Trademark Office office. See, e.g., Legislative Branch Appro­ and the Copyright Office of the Library of to hearing from you. Sincerely, priations Act, 1986, Pub. L. No. 99-151, 99 Congress. Both these agencies rely to an un­ ROBERT W. KASTENMEIER, Stat. 792, 803 0985). In our view, these usual extent upon user fees. About 60% of Chairman, House Subcommittee on annual appropriations of receipts fall within the PTO's revenue comes directly from the definition of budget authority. 2 patent applicants, trademark registrants, Courts, Civil Liberties, and the Admin­ istration of Justice. In each of the two accounts at issue here, and other users of the patent system. The CHARLES McC. MATHIAS, the authority to expend offsetting receipts Copyright Office relies on fees from regis­ JR. thus constitutes a type of budgetary re­ trants and other users for about 40% of its Chairman, Senate Subcommittee on Pat­ source subject to automatic reduction under revenue. Both taxpayers and users are es­ ents, Copyrights and Trademarks. Public Law 99-177 unless covered by an ex­ sential sources of the revenue base needed emption, exception, limitation, or special for the efficient administration of our intel­ COMPTROLLER GENERAL rule. Included in the list of exempt pro­ lectual property laws. User fee revenue also OF THE UNITED STATES, grams and activities of section 255 is the fol­ allows these agencies to maintain and Washington, DC, July 16, 1986. expand their contributions to technological lowing: B-221498.45. "OFFSETTING RECEIPTS AND COLLECTIONS.­ progress and artistic expression-and to our Hon. CHARLES McC. MATHIAS, Jr., national economy and security-without Offsetting receipts and collections shall not Chairman, Subcommittee on Patents, Copy­ be reduced under any order issued under continual pressure for increased deficit rights, and Trademarks, Committee on spending. this part." § 255Ce>. the Judiciary, U.S Senate. In implementing the Act, the Office of As a result of the FY 1986 sequestration DEAR MR. CHAIRMAN: This responds to order, based on the GAO's report under P.L. Management and Budget took the view that your letter of June 11, 1986, cosigned by the this exemption applied only to the actual 99-177, the PTO's appropriation was re­ Chairman of the Subcommittee on Courts, duced, not by 4.3%, but by 10.5%, more than receipts and collections received by agencies Civil Liberties, and the Administration of in the course of their operations, and not to twice the "across-the-board" percentage. In Justice, House Committee on the Judiciary, dollar terms, the PTO absorbed an $8.9 mil­ the subsequent expenditure of such funds. concerning the sequestration of budgetary The Congressional Budget Office, on the lion cut; a 4.3% reduction would have resources of the Patent and Trademark amounted to only $3.6 million. In the case other hand, initially took the view that this Office of the Department of Commerce and language exempted the expenditure of such of the Copyright Office, the $726,000 lost by the Copyright Office of the Library of Con­ sequestration constituted 7% of its appro­ receipts and collections. We acknowledged gress under the Balanced Budget and Emer­ that the question was a close one, but ulti­ priation, and $258,000 more than would gency Deficit Control Act of 1985 . You request that we explain by the Office of Management and Budget. the-board" level. our reasons for concluding that offsetting These substantial cuts, far beyond the receipts of the two offices should be includ­ One factor in support of that view was that level absorbed by other agencies of govern­ ed in the baseline for sequestration, despite the conference report discussion of the pro­ ment, have resulted directly from .the vision refers to offsetting receipts and col­ the language of section 255 of the Act lections as a type of "federal financing oper­ GAO's decision to include offsetting receipts that offsetting receipts and collections are in the baseline from which sequestration is 1 ation." See H.R. Rep. No. 433, 99th Cong. not subject to reduction. 2d Sess. 85 0985). In this light, it appeared assessed. These extra cuts have already had Under Public Law 99-177, sequestrations some deleterious impact on the operations are to be made of "new budget authority, to us that the intention of section 255(e) of these two offices, If it is necessary to new loan guarantee commitments, new was to protect the collection, rather than employ the sequestering process again in direct loan obligations, obligation limita­ the expenditure, of such funds. Thus, agen­ FY 1987 or future years, this treatment of tions, and spending authority" of each cies that finance all or a portion of their user fees may produce results that are not agency, to the extent necessary to achieve program activities through fees and collec­ only inequitable, but also devastating to the tions are required to reduce outlays for such missions of these agencies. Even if seques­ activities, but may not reduce revenue tering is not required, Congress will un­ 1 You also request our views as to whether this levels, thereby contributing to the Act's doubtedly use the sequestration calculations Office has the authority to reconsider its actions overall goal of deficit reduction. After our under Public Law 99-177, prior to proceeding with as a yardstick for deficit reduction propos­ calculations for fiscal year 1987. In light of the Su­ als. Thus, under any scenario, your interpre­ preme Court's ruling in Bowsher v. Synar, No. 85- • "Budget authority" is defined as "authority pro­ tation of P.L. 99-177 may threaten the con­ 1377 . July 28, 1986 CONGRESSIONAL RECORD-SENATE 17847 views were expressed to the Congressional proper base. setting collections. Section 203Cd><7> at agreed to include the authority to expend Because such a conceptual disagreement p. 201 of the Senate print excluded "offset­ offsetting receipts and collections within does not lend itself to averaging, and be­ ting receipts" from the definition of "con­ the sequestrable base for purposes of the cause the Comptroller General would have trollable expenditures," · while section combined OMB/CBO report. the final say on the point, we consulted that 203Cd><7> provided that "Receipts cred­ Based on the reasons described above, we official for his opinion. He agreed with the ited to an account shall not be deducted concluded that the authority of agencies to OMB view. Our January 15th report conse­ from outlays for the purpose of determining expend offsetting receipts and collections quently reflected that ruling; and so, of the amount to be sequestered." see p. 203. was, as a general rule, subject to sequester. course, did the Comptroller General's own Again, had this language surviv.ed in the Act In several instances, such budgetary re­ report of January 21 and the resulting Pres­ itself, the OMB position arguably would be sources were exempt from sequestration idential order of February 1, 1986. correct. under other exemptions or limitations con­ Given the Supreme Court's holding in But section 203Cd)C7> did not survive. tained in the Act; for example, all three Bowsher v. Synar, the Comptroller General It vanished entirely. The only remaining agencies agreed that the act exempted ex­ now is not available to be a "tie-breaker" relevant language in the Act, other than the penditures made from offsetting receipts when OMB and CBO have a conceptual dis­ exemption quoted at the beginning of this and collections derived from other federal agreement. Even so, we regard the Comp­ memorandum, is at section 256Cb)(2): sources, as falling within the exemption for troller General's fiscal year 1986 ruling as a "Notwithstanding any other provision of "intergovernmental funds." For both the governing precedent for the treatment of law, administrative expenses of" any pro­ Patent and Trademark Office and the Copy­ offsetting collections in our: future reports gram, project, activity or account which is right Office, offsetting receipts from other under the Balanced Budget Act. self~ supporting and does not receive appro­ federal sources were considered to be I am sending a similar letter to Represent­ pz:iations shall be subject to reduction under exempt from sequestration. We did not con­ ative Kastenmeier. a sequester order, unless specifically ex­ sider any other exemption to apply to the With best wishes, empted in this joint resolution." expenditure of offsetting receipts from the Sincerely, This language was entirely unnecessary two accounts. RUD0hl!H G. PENNER. unless the drafters believed that offsetting collections were otherwise exempt for se­ You state in your letter that the seques­ CMemorandumJ tration of funds form the Patent and Trade­ questration by virtue of section 255Ce). mark Office amounted to 10.5 percent of U.S. CONGRESS, Under general rules of statutory construc­ the amount of appropriations provided to CONGRESSLONAL BUDGET OFF.ICE, tion, all parts' of a law are presumed to have that office for fiscal year 1986. In actuality, Washington, DC, December 23, 1985. meaning, and the discard or rejection of a however, the amount of the appropriation To: Jim Blum. provision during the rite of passage is to be provided to the Patent and Trademark From: Alfred B. Fitt, General Counsel. given significance. The OMB position di­ Office for fiscal year 1986 was $84,700,000 Subject: Offsetting Collections and Seques- vests section 255Ce> of all meaning and ig­ "and, in addition, such fees as shall be col­ tration. nores the fact that the Senate's explicit at­ lected pursuant to 15 U.S.C. 1113' and 35 The Balanced Budget and Emergency Def­ tempt to subject offsetting collections to a icit Control Act of 1985 provides that "Outsetting receipts $119,486,000 from non-federal sources>. See the House, which prevailed on this issue Department of Commerce Appropriation and collections shall not be reduced under when the bill became law. Act, 1986, Pub. L. No. 99-180, tit. I, 99 Stat. any order issued under this part." Despite this language, OMB is of the view that the EXECUTIVE OFFICE OF THE u , 1136, 1139 <1985). Consequently, the seque~­ sequesterable base in an account financed in • PRESIDENT, ter of $8,780,000 was 4.3 percent of the whole or in part by offsetting collections OFFICE OF MANAGEMENT AND BUDGET, $204,186,000 appropriated to the account for from nonfederal sources consists-of. that ac­ fiscal year 1986. The same is true of the Washington, DC, January 4, 1986. count's outlays plus the MEMORANDUM FOR JIM MILLER. r Copyright Office': the amount designated to spending financed by the offsetting. collec­ From: John H. Carley, General Counsel. be sequestered was 4.3 percent of the total tions. Subject: Offsetting Collections and Re- budgetary resources provided to the agency OMB counsel has been unable to articu­ ceipts. - to carry out its activities for fiscal year 1986. late to me the chain of reasoning by which ' This memorandum sets forth my prelimi­ We hope that the foregoing, is of assist­ that agency reaches its conclusion, which I nary views on the question whether pay­ ance to you. disagree. ments from offsetting collections . the conclusion that offsetting collections payment from such collections and receipts are not to be counted in an account's se­ are subject to sequestration and therefore U.S. CONGRESS, questerable base~ except to the extent used should be added to the base in performing CONGRESSIONAL BuDGET OFFICE, to finance administrative expenses. the calculations required by the Act. ' Washington, DC, July 11, 1986. The original version of the Act passed by The provision in question is Section 255 Hon. CHARLES McC. MATHIAS, Jr., the Senate on October 10, 1985 has a defini­ of the Act, which provides as follows: Chairman, Subcommittee on Patents, Copy­ tion of "controllable expenditures" as "total "OFFSETTING RECEIPTS AND COL­ rights and Trademarks, Committee on budget outlays for an account' and included LECTIONS.-Offsetting receipts and collec­ the Jt!-diciary, U.S. Senate, Washingt9n, in "other budgetary resources" and CH), pp. Jin construing this provision, I am mindful your letter, sent jointly with Representative 42 and 43 of the printed bill. If this has that the sequestration order, and thus any Robert M. Kastenmeier. questioning the been the final version, the OMB position conclusion we reach on this point, will be correctness of including patent and copy­ would clearly be correct. subject to judicial review by a three-judge right f.ee receipts in the ,base for sequestra­ On November 1, 1985 the House passed a pahel . The issue you raise extends far Its definition of "controllable expenditures" determine how a court of law will rule on beyond the Patent and Trademark Office was ·subject to exceptions "provided in sec­ this question, as opposed to what some par­ and the Copyright Office. It affects about tions 253 and 254," and did not apply to ex­ ticipants in the drafting process may believe 100 different federal accounts with approxi­ ceptions "provided in sections 253 and 254," was intended. · mately $2 billion in receipts from the public and did not apply to "total outlays," see sec­ My analysis begins with Section 211 of the and from other nonfederal sources. tion 255<7> at p. 104 of the November 6, 1985 Act, amending Section 401Cc)(2) of the As we approached the task of preparing Senate print. Section 253Cd> provided that Budget and Impoundment Control Act of the January 15, 1986 joint OMB/CBO "The following budget accounts and activi­ 1974, which defines the term-"spending au­ report to the Comptroller General, CBO ties shall be exempt from reduction under thority" for purposes of that Act. In par­ was of the view that an agency's spending any order issued under this part: ... <8> ticular, subsection 40l<2> of that Act is base for sequestration purposes was a net Other-offsetting receipts and collections .. amended to provide that the term ''spend­ figure, that is, gross spending less collec­ .;" see p. 91. ing authority" shall include authority: "to tions. from nonfederal sources. OMB dis­ The Senate again passed the bill on No­ mak:e payments by the United States other than those covered floor debates. The report states plainly that CBO's reading of subsection 256(b)(2) is by subparagraphs . , , or . the Section 40l<2>. as amended, was intended meaningless. budget authority for which is not provided to cover all backdoor spending; it is abso­ 3. In the final analysis, the CBO argument in advance by appropriation Acts." lutely silent on the point where CBO would reduces to the assertion that, notwithstand­ This subsection covers, inter alia, pay­ supply language to alter the literal meaning ing the clear language, the words "payments ments from offsetting collections and re­ of Section 255Ce). The statement of a Com­ from" receipts and collections should be ceipts. The parenthetical expression ("in­ mittee staff member as to what he believed read into Section 255 solely because of cluding loans, grants, and payments from one of the two Houses of Congress meant to the placement of this provision in a part of revolving funds") is clearly illustrative, and accomplish by adding this Section is not the Act that otherwise deals with exemp­ not an exclusive listing. Rather, the subsec­ competent evidence of legislative intent. tions from sequestration. This argument is tion extends generally to authority to make International Union, UAW v. Donovan, 746 totally unconvincing. Although the place­ payments by the United States "the budget F.2d 855 : Hirs­ ment of this provision is difficult (if not im­ authority for which is not provided in ad­ chev v. FERC, No. 82-2170 CD.C. Cir. Nov. possible> to reconstruct from the limited vance by appropriation Acts." 15, 1985> . legislative history and the nature of the Section 40l<2>. as amended, is refer­ In defense of its position, CBO counsel ad­ Conference that produced the final version, enced by the operational sections of G-R-H vances three arguments allegedly derived this is a slender reed indeed upon which to that define what funds are subject to se­ from the legislative history. Each argument base such a fundamental reconstruction of quester. As explained in the accompanying is fatally flawed. the language Congress actually passed. Conference report, this provision covers "all 1. CBO points out that earlier Senate ver­ Nothing in the Conference report or the types of backdoor spending authority-that sions of the bill contained a provision that floor debates supports CBO's reading. Espe­ is, spending not subject to the annual con­ would explicitly have foreclosed CBO's ar­ cially in light of the Supreme Court's re­ trol of the appropriations process" . gument, but that this section did not appear peated admonitions that resort should not Thus, on its face, the Act plainly provides in the final version. CBO cannot cite any be had to such low-order interpretative de­ that payments from receipts and collections part of the Conference report or the floor vices unless the language of the statute is are subject to sequester. debates to explain why this provision was ambiguous the mere unexplained inclusion Against this background, my interpreta­ deleted or whether anything turned on its of this provision in Section 255 cannot justi­ tion of Section 255 is that it means pre­ absence. . Thus. it is com­ subject to sequestration. fee or other form of payment charged is not pletely inappropriate to speculate, as CBO to be deemed to be reduced simply because does, that the non-inclusion of this provi­ OFFICE OF THE PRESIDENT, the level of program activity supported by sion is probative of an alleged Congressional OFFICE OF MANAGEMENT AND BUDGET, those payments is reduced by the sequestra­ intent to exempt such payments from se­ Washington, DC, July 7, 1986. tion order. Nothing in Section 255 sug­ questration. Rather, the other outcome is Hon. CHARLES Mee. MATHIAS, Jr.. gests that the budgetary resources derived more likely-that Congress did not include Chairman, Subcommittee on Patents, Copy­ from such receipts and collections are not this provision because the specific reference rights and Trademarks, Committee on .subject to sequestration. to the definitions in Section 40l<2> of the the Judiciary, U.S. Senate, Washington, The Congressional Budget Office has 1974 Act. as amended by G-R-H. made its DC. argued that Section 225Ce> 1 was intended to inclusion unnecessary and redundant. In DEAR MR. CHAIRMAN: In your letter of reduce the base to which the sequestration any event, CBO's effort to engage in such June 11, 1986, you asked us to explain our order applies, by exempting payments from speculation about the intention of Congress reasoning for concluding that offsetting re­ receipts and collections from reduction in the unexplained deletion of an obsolete ceipts should be included in the baseline for . . . the tion is that resort to legislative history is this argument is erroneous, because this budget authority for which is not provided not appropriate if the language of the stat­ subsection serves the very real purpose of in advance by appropriation Acts." ute is unambiguous. See, e.g., United States extending the principle of subsection Other sections of the Act reinforce the v. Mwousi Pacific R.R., 278 U.S. 269, 278 245Cb> to an additional set of programs. opinion that all spending that was not spe­ <1929>; National Small Shipments v. CAB, Furthermore, CBO's argument is eternally cifically exempted was meant to be included 618 F.2d 819, 828 above. the statute appears to be clear, com­ meaningless. states that administrative expenses in all ac­ prehensible on its face, and completely op­ As noted above, CBO's position is quali­ counts will be subject to reduction regard­ erative under the literal COMB> interpreta­ fied by an exception for administrative ex­ less of exemptions or special rules related to tion. in that it expressly dispels any notion penses . This subsection makes other parts of the account. In addition, this that user fees or other forms of payment certain administrative expenses of self-sup­ section says that administrative expenses of were to be deemed automatically reduced by porting programs subject to reduction, accounts that are self-supporting will be a G-R-H sequestration order. unless otherwise exempted. But Section subject to reduction unless they are specifi­ Even assuming that the statute was am­ 255Ce>. in CBO's view, exempts payments cally exempted. biguous and that resort to legislative history from offsetting collections. Thus, under As GAO has concluded, Section 255 was appropriate, CBO has not cited us to CBO's own analysis, subsection 256<2> simply means that the amount of a user fee any legitimate "legislative history", as that has no effect, because the exception swal­ is not deemed to be reduced by the seques­ term is used by the courts. The only rele­ lows the "rule." Such a contradiction is tration order, even though the amount of vant legislative history for the final version fatal to CBO's analysis. Federal activity supported by the fee is of the Act is the Conference report and As a practical matter, collections and re­ being reduced. Nothing in this section sug­ ceipts are not earmarked for administrative gests that the budgetary resources derived • We are not entirely certain of CBO's position, expenses or program uses, so that they from such receipts and collections are not because its interpretation of Section 255 is quali­ cannot thereafter be traced to identify a subject to sequestration. fied by an exception for "receipts used to finance pool of money allegedly subject to sequester Thus, both the Patent and Trademark administrative expenses.'' and a separate pool allegedly exempt. Thus, Office and the Copyright Office were re- July 28, 1986 CONGRESSIONAL RECORD-SENATE 17849 duced by 4.3 percent of their total 1986 pro­ Recordings made pursuant to this para­ Credit Corporation, at a cost not to exceed gram activity-whether financed by user graph shall be retained for thirty days after 40 percentum of the current market price of fees or by appropriation. OMB does not the day any Senate proceedings took place like commodities in the producer's county of have the power to change this procedure for before such recordings are made available to business, for the purpose of feeding such purposes of the calculations required for FY the public. animals or to feed replacement animals; 1987. The Administration does not support a Provided that: sequester for 1987. We believe the Congress (1) no owner of such animals shall be eligi­ can and should make the necessary spend­ INCREASE IN STATUTORY LIMIT ble to receive such commodities unless his ing cuts to avoid another sequester. ON THE PUBLIC DEBT herd or flock has or will suffer such a loss of Sincerely yours, 15 percentum or more due to mortality, or JAMES. C. MILLER III, premature sale or premature slaughter Director.• MATTINGLY AMENDMENT NO. forced by drought conditions or shortage of 2235 feed; and CONTINUED TELEVISION COVER­ <2> owners of such animals shall continue to be eligible to receive such commodities AGE OF SENATE PROCEEDINGS Mr. MATTINGLY submitted an for a period of 30 days following a finding amendment intended to be proposed by the Secretary that adequate supplies of by him to the joint resolution At the end of the bill, add the following (3) in carrying out this subsection, the Mr. MATHIAS submitted an amend­ new section: Secretary shall, when it is determined that ment intended to be proposed by him "SEc. . Notwithstanding any other forage or hay is needed rather than feed­ to the resolution Subsection of section 4 of S. in cash or generic, transferable commodity ble owners of such livestock at a cost equiva­ Res. 28, ·as amended, agreed to February 27, certificates redeemable for commodities lent to 40 percentum of the county price of 1986, is amended by striking out beginning owned by the Commodity Credit Corpora­ the commodity exchanged for such hay. with "(2) make audio" through the end tion> in such amounts as he determines nec­ Insofar as practicable, for the crop thereof and insert the following: "(2) make essary to alleviate the economic loss of each year 1986, the Secretary shall make disaster audio and video tape recordings, and copies producer of such crops due to drought-relat­ payments to producers of non-program thereof of Senate proceeding as provided in ed crop loss or reduced yield; Provided that: crops, fruits, nuts and vegetables in counties subsection Cd), (3) retain for thirty days <1 > the aggregate amount expended for declared to have suffered a drought disaster after the day any Senate proceedings took such purpose, including any payments made under the regular price support programs, during crop year 1986, whenever the Secre­ place, such recording thereof, and transmit tary determines that the producer has suf­ the Secretary of the Senate copies of such shall not exceed the total which the Secre­ tary would otherwise be obligated to expend fered substantial losses of production due to recordings, and <4> make copies of such re­ drought conditions and that such losses cordings available to members of the Senate for price support activities for all program crops in the affected counties for the 1986 have created an economic emergency for Radio and Television Correspondents Gal­ the producers to the extent that additional lery, and such other news gathering, educa­ crop year if such crops had produced an av­ erage yield; and assistance must be made available to allevi­ tional, or information distributing entities ate such economic emergency. as may be authorized by the Committee on <2> the Secretary shall, insofar as possible, ensure that no individual producer of any The authorities contained in this sec­ Rules and Administration to receive such tion shall be in addition to all other existing broadcasts: Provided, That the Sergeant at corp shall receive any amount in excess of authorities of the Secretary of Agriculture Arms and Doorkeeper of the Senate, in car­ the amounts to which he would otherwise rying out the duties specified in this subsec­ be eligible to receive from price support ac­ to provide emergency or disaster assistance tion, shall comply with appropriate Senate tivities had there been an average yield for to producers, and shall not be construed to procurement and other regulations.". the year on his program crops; and limit in any manner whatsoever such exist­ Section 4 of S. Res. 28 is amended by (3) in determining the amount of assist­ ing authority or to supplant any other relief adding at the end thereof the following: ance to be made available to each producer, to which a producer may be eligible under (d)(l) The Secretary of the Senate shall the Secretary shall, insofar as possible and existing law.". provide for the transfer of audio and video in accordance with paragraph <1 > of this Mr. MATTINGLY. Mr. President, tape recordings to the Librarian of Congress subsection, provide at least 75 percentum of today I am offering an amendment and the Archivist of the United States after the amount which the producer would have which I hope will be adopted when the the thirty-day retention period provided in received on an average crop yield from price Senate returns to consideration of the subsection <3>. support activities; and debt ceiling bill, House Joint Resolu­ <2> Audio and video tape recordings trans­ <4> notwithstanding paragraph <1> of this ferred pursuant to paragraph <1) shall- subsection, in the case of soybeans, the Sec­ tion 668. This amendment wjll require remain the property of the Senate; retary shall make disaster payments as pro­ the Secretary of Agriculture to pro­ and vided in this subsection in an amount equal vide significant relief to the hard­ be made available to the public for to 60 percentum of the 1986 price support pressed farm producers throughout viewing during the normal business hours of loan established for soybeans, based on the the drought-stricken Southeastern the Library of Congress and the National average yield of soybeans for the farm, less and Eastern sections of the country, Archives. the amount of any sound beans which are but it will cost little or nothing in (3) The Librarian of Congress and the Ar­ actually harvested for crop year 1986 on the excess of the presently budgeted ex­ chivist of the United States shall make farm, such payment not to exceed a value of copies of the audio and video recordings $50,000 per producer: and pense of the normal price-support pro­ transferred pursuant to paragraph <1> avail­ <5> in determining a producer's average grams. able to the public subject to the charging of yield, the Secretary shall use the average of My amendment requires the Secre­ a fee for such copies to recover the cost of the past five years production on the farm, tary to make disaster payments to copying. Any person obtaining a recording excluding the high and low years, or the av­ farmers in counties which are declared pursuant to this paragraph shall sign a erage of all years if production history for eligible for disaster assistance. He is waiver of compliance with Senate political the farm is less than five years. authorized to make these payments by and commercial use prohibitions as provided Notwithstanding any other provision utilizing surplus commodities owned by the Committee on Rules and Administra­ of law, for the calendar year 1986 the Secre­ by the Commodity Credit Corporation tion. tary shall make available to owners of co­ <4> Notwithstanding any other provision mercial herds or flocks of livestock, poultry in lieu of cash. CCC already owns of this subsection, the Librarian of Congress or swine in counties declared to have suf­ more than $9.0 billion in surplus com­ may make live recordings of Senate proceed­ fered a drought disaster for the years, sur­ modities and the tax payer pays hun­ ings from the congressional cable system. plus commodities owned by the Commodity dred of millions of dollars more just to 17850 CONGRESSIONAL RECORD-SENATE July 28, 1986 store them. By using these · commod­ amendment when we can it up here on CBO WEEKLY SCOREKEEPING REPORT FOR THE U.S. SENATE, ities- instead of cash, we can afford the floor'. , • c 99TH CONGRESS, 20 SESSl_QN, AS PF JULY 25, 1986,, some modest relief to farmers·who ate Mr. President, before ;I relinquish [Fiscal year 1986::-in !>i!J!9ns of dollars] being·wiped out by the drought disi.c?­ the' floor, I want to take 'just a ter. moment to express my deep apprecia­ Reve- •.., Debt 1 rt may be difficult for many of my tion rtO the hundreds Of farmers rom nues sub,:~ to c·olleagues to imagine just how dread­ across the country who. ave rallied to 1 fUny serious the current situa_t!~m ls assist their stricken brethren in the Current level ...... 1,053.0 980.0 778.S 2,071.8 on the farms in these drought areas. I Southeast with much-needed ship­ B~~~: R::~: :· 3~.~ ~-~- - ~.'.~ . l,069.7 967.6 795.J' '" 2 2,078.7 was in Georgia with Secretary Lyng ments -of hay to feed our livestock. Current level is: · Just last Friday: and we had an oppor­ This demonstration of sympathy and ~rr=~~n\·:::: : :::::::::::: .. ··-~ ···· T6 T ...... ~~ : ~ .. ·······ffr ·············s:9 tunity to talk to producers and see the human kindness.. underscores, I t,tiink, • he current level represents the estimated revenue and direct spending mounting damages. I want you to ~Qe of the Illap.y r~asOJ,lS t}lat we keep effec\s (budget authority and outlays} of all legislation that .Coqgress has know tliat this is a disaster of JJhonu­ on trying to preserve the family farm enacted in t~ 1 s or previous sessions or sent to the President for his approval. In addition, estimates are included of the direct spending effects for all mental profortions, and it is ;.,-getting tradition in America. It is symbolic of entitlement or other programs requiring annual appropriations under current law worse with each- p~ing day. _Farme s even though ttie appropriations Jlave not bee~ made. The current M excludes the many valu-es that the·family farm the, revenue and direct spending effects of legislation that is in eartier stages in the Southeast were already having contributes, to our society, and demon­ of completion, such as reported from a Senate ~m i ttee or passed by the serious fina.ilcial problems, just as Senate. The curr'enf level of debt1 subject to limit reflects the latest U.S. strates the generosity of those who Treasury information on public debt transactions. r farmers across the, nation have been 2 have made these selfless contributions The current statutOfY debt limit is $2,0?!.7 billion. r economically stressed. But, .. this disas­ in order to help out in time of tragedy. FISCAL YEAR 1986, SUPPORTING DETAIL FOR CBO WEEKLY ter, on top of the. problems. they al­ I also want to thank the many elected SCOREKEEPING REPO~T. U.S. SENATE, 99TH CONGRESS, ready had, has many farm producers officials • • • Governor& of States, on the brink of utt-er dispair. 21>'SESSION, AS OF JULY 25; 1986 many 1 of my colleagues here in Con­ N JO c I had written Secretary Lyng on last gress who have organized assistance, [In millions of dollars] Tuesday, July 22, outlining the nature and the nundreds of other individuals of the crisis and offering several sug­ who have been trying to help in .the Revenue$ gested options he could exercise in past few days: I want to say to them, i. Enacted in previous ses­ order · to provide · some immediate "God. bless you. Your help· is deeply sions: relief. (I would ask that a copy of that and genuinely appreciated." ~:~:ni ···3·pjifiijji ia: ·······7iJ,4ff······· .. ·529;7ff ··· 777,794 letter be included in the REcoRI> as if . " lions and trust read in full.) The amendment which I funds. Other appropriations ,... 525,778 r 544,947 have asked to have printed today . in­ Offsetting receipts ...... - 188,561 - 188,56t corporates a portion of the actions Total enacted in 1,060,679 ., gs6.159 777,794 which I had earlier asked the Secre­ ADDITIONAL STATEMENTS preVious ses· tary to implement. Specifically, it re­ sions. quires disaster payments which can be ' :) made in cash, but also allows those BUOGET SCOREKEEPING payments to be made with commQd­ REPORT. ities or certificates. The Secretary e Mr. .DOMENIC!. Mr. . President, I would be required to pay a producer ,at hereby suomit to the Senate the least 75 percent of what that producer budget seorekeeping report for this would have realized in income from week, prepared by the Congressional the Price Support Program if there had npt been a drought loss. In this Budget Office in response to section manner, he can make assistance avail­ 308Cb> of the Congressional Budget able to strugglirig farmers . without Act of 1974, as amended. This rep_ort busting the budget, since he wili be also serves as the scorekeeping report using commodities witp a value of not for the purposes of section 311 of the 1.sri Budget Act.' more than the amount of money , a which is 8.lready authorized to be The report follows: J] CONGRESSIONAi: BUDGET OFFICE, spent on price support activities. In U.S. CONGRESS, :ti b fact, it is entirely possible that this Washington, DC, July 28, 198'6. amendment will allow the Govern: Hon. PETE V. DoMENICI, ment to actually save money and lower Chainnan, Committee on the Budget, ,.. cash outlays. More ,gign!fi'captJy, it will U.S. Senate, Washington, DC. allow many farm_ers to stay in b.!ISiness QEAR M1r. CH(-IRMAN: The attached report and pay their debts and pre~i:.ve their shows the effects of congressional action on way of life. There is also a provision the budget for~ fiscal year 1986. The estimat­ 0 1 which will make hay available for live­ ed totals of budget authorit'y, outlays, and stock by exchanging ccc·surplus for revenues are .compared to· the appropriate or recommended levels contained in the the hay when the producer c~ot use most recent budget resolution, Senate Con­ grain for his animals. current Resolution 32. Thfs report meets I hope· my- colleagues will take a few the requirements for Senate scorekeeping of moments to give this suggestion some section 5 of Senate Concurrent Resolution serious consideration. It is so easy to 32 and is current t}}.rough July 25, 1986. The gather here in this Chamber and-to report is submitted under section 308Cb) and debate issues and diScuss lofty "ideals. in section 311 of the Congressional Budget But, 'this is one opportunity we must Act; as amended. , ~ : No changes have occurred since my last not miss if we are going to provide report. some modest assistance to those who With best wishes, feed and clothe our Nation. I sincerely Sincerely;' Hf. COntinuing resolution urge you to support and cosponsor this RUDOLPH G. PENNER. -tflority, 1 r: July 28, 1986 CONGRESSIONAL RECORD-SENATE 17851

FISCAL YEAR 1986,~UPPORTING DETAIL FOR CBO 'WEEKLY centiv& to ·use tax shelters to reduce Mr. Bell, then a otal unknown, upset vet­ - SCOREKEEPING REPORT, U.S. SENATE, 99TH CONGRESS, the amount of -income subjectr to tax eran Sen. Clifford Case in the GOP pri­ ~, mary, and gave Mr. Bradley a surprisingly 20 StSSION, AS OF JULY 25, ~ 1986-Continued also decreases. ''"' · · · For instance, in Minnesota a 50-pe_r: good fight. He did so by la.ying out the ~[In millions of dollars] simple premise that high marginal tax rates cent , F.ederal rate and a 14-percent were merely an ideological "fig leaf" to State _ate create a combined top tax Budget Outlays Revenues cover up huge t_ax loopholes. These loop­ • authority rate for . individuals of 57 percent, holes, which reduced the actual tax rates which ·provides a ~ strong incentive to paid by the rich, were granted by members IV. Conference a~reemenfs 18 16 shelter income with ~ ihvestnients de­ of Congress in return for ·political contribu- -ratified by bot Houses: 1 Panama Canal Commis· signed- for tax purposes. Assuming a tions. ' - v si<>n Authorizing Act 38-percent top rate as proposed in ,the The. main purpose and effect of those (H.R. 4409 ). high m~rginal rat~s -was not. to hurt the V. Entitlement authority and House ,tax bill, the cqmpined State anq other mandatory items rich, but to get more revepues ~mt of big~er requiring further appro- Federal rate in Minnesota would be 46 rates on the middle- and lower-income it prialion action: percent, _still.a strong, incentive to sl}el­ groqpS, who enjoyed fewer loopholes . ... , Compact of free as- ter. With a maximum Federal rate. of Thus, those high marginal rates were a ~, · sociation. Special benefits T4 14 27 percent, the combined Federal and merchandising "illusJon/: muqh like ~e (federal employ- "free traqing stamps" prevale11t in the 1950s ees) . State tax would be reduced to 37 per­ Family social services .. 100 75 cent, diminishing significantly-al­ and 1960s. With the stamp prqgralllS, mer­ Payment to civil (37) (37) though certainly notr altpgether-the chants would raise, prices lor everyof!e, to service retire- 1 pay for, &tamps and · m~rchanqi§e th~ were men!•. incentive to shelter. · J not received by everyone. Merchants- made Total entitlements ... 118 93 It is important to realize lhat under money on the "breakage"-the purchases by El the House tax bill, which ha.S a top in­ non-stamp-savers. - .t Total current level 1.053,024 980,0I? . 778,469 as of July 25, dividual rate of 38 percent, ~ more of <, Americans were eventually 'disabused ,of 1986. the tax cut for individuals went to that free-stamp illusion where discount food 1986 budget resolution (S. 1.069.700 967,600 , 795.700 stores Cf).me in wjth lower prices for every­ Con. Res. 32) . those with incomes over $75,000- roughly 27 .5 percent-then under the qne and stamps for no one. Amount remaining: The whole premise of tax reform. is to get j Over budget ... Senate tax bill-approximately. 26.5 resolution. percent. Higher rates do not ensure rid .of this free-stamp illusion by taking Under 16,676 17,231 away all or most of those trading~stamp larger tax collections from the preferences in return for lower rates .and a ~~~lion . wealthy. The Senate bill will collect m,uch broader tax base, with less ipcome in­ more taxes from the wealthy by apply­ 1 lnterfund transactions do not add to budget totals. efficiently sheltered from taxation. Note.-Numbers may not add due to rounding.e ing lower' rates to greater amounts of Conversely. if you raise those rates, you taxable income than will be cotlected immediately have to restore the trading using the higher, 38-percent ~ rate in stamps, i.e., the burden on capital to pre­ 1 1 the House bill. '- - venf economic damage. WARREN BROOKES' ARTICLE ON FOr example, if you irppose a 35-38 per­ So I strongly urge the conf~rees tp T~REFORM cent top rate on the rich, as the House not go beyond the top individual tax wants to, you will ha. e to restore t.qe "I;>ref­ e Mr. BOSCHWITZ. ~r. President, rate set in the Senate bill-27 ,i>~rcent. ererlce" for capital gains, something liberals the July 14, i986 edition of ~he Wash­ Mr. President, I ask that the July 14, have tried to' get rid of for years. The bill ington Times carried "an article by 1986, article by Warren Brookes be ·n­ proposed by Republican Sen. Robert Pack­ Warren Brookes titled "Tax Reform cluded in the ·RECORD. I note that this wood of Oregon passed liberal muster be­ Ambush." In his article, Mr. Brookes is only one of many excellent articles cause it wiped ou this preference; it passed argues that the Senate's top individual which Mr. Brookes has written on tax conservative muster because it brought. the tax rate of 27 percent should be main­ reform, several of which I have now top rate down to 27 ' p~rcent, only· seven tained in the final tax bill which points higher than the present 20 percent introduced in the RECORD. top rate on capital gains ~with ' ·the prefer­ emerges. from the House-Senate con­ The article f o tows: ence>. ference on tax reform. I agree. CFrom the Wa.Shingt.on Times, July 14, Raise that top rate any-more and the pref­ Some of the House conferees have 1986) erence will have to come back. because we suggested that a third, higher tax ratE1 already have one oJ the highest capital­ should be aaded. I think that would be Tax Reform Ambush gains taxes in the world . When that 27 percent, many of tbe provV;ions This week, the Senate-House1 conference happens, the who1e tax-reform house of which were eliminated or' modified in on tax reform will begin crucial ·delibera­ cards caves in, and traCfing stamps will flood tions. And one of the key issues facing it is back onto the scene. ~ ~ , the Senate bill to make the Tax Code the demand t)y the more liberal House con­ The important thing to remember is that simpler and fairer would undoubtedly ferees for a third, and higher, tax rate on raising the ~op rate actuaJly d~es nothing to be reintroduced, ·and we would,.,' once the rich. ge the rich to pay~ore taxes. In fact, all again have a Tax Cqde with so many While this will be presepted as "helping evidence shows the opptisite. bells and whiStles as to create work for the middle class'1 the public should under­ If you doubt this, consider the experience accountants and lawyers yet unborn! stand-as did most Senate liberals-that of 1981-84, when we lowered the top tax Perhaps the purpose in calling for a this is an ideological smoke screen designed rate from 70 percent to 50. The effect on third, higher tax rate is to try and in­ to derail real tax reform. the tax payments of those earning $200,000 Indeed, the key defender of the 2'7 percent and I more _ was electrifying, because it crease collections from "the wealthy." top rates was liberal Democratic Sen. Bip brought massive amou..nts of income out of But as I have pointed out on several Bradley of New Jersey, whose rational argu­ sl)elters' back into the tax system . that the way to ·collect more from the George Mitchell of Maine to install an addi­ '•- f I wealthy is to cuf their tax rates. The tional 35 percent rate. Mr. Mitchell's INCOME TAXES ON $200,000 AND OVER - i tax cuts of 1921-25, 1963-66, and 1981, amendment was defeated by an overwhelm­ j DoUar amounts in billions] all resulted in revenue collections from ing 71-29 tally. I ~- .- the wealthiest taxpayers actually in­ ·Mr. Bradley, in~ support of the lower top rate, repeat_ed}Y laid out the same;. evidef\ce Top rate Adjusted Ettective Percent creasing. Those calling for -a third, . (per- ~ gross Taxes ~ate share of he had first heard from ·an obscure supply­ paid (per- total higher rate must understand that the sider-Jeff Bell, his" 1978, Republican oppo­ cent) income cent) taxes amount of tax collected is not only a nent. Mr. Bell, who had ':instructed him" function of the tax-rates, but also a during that senatorial election, has been a 70 $21.7 40.r 7.6 so ~~~} $26.6 36.7 9.6 function of the amount of income sub­ tireless lobbist for true tax reform on behalf 50 $87.7 $31.7 36'.2 11.6 ject to tax. As rates decrease, the in- of Citizens for America. so $112.2 $4U 36.9 ~ 13.7 17852 CONGRESSIONAL RECORD-SENATE July 28, 1986 INCOME TAXES ON $200,000 AND OVER-Continued <2> Rudman Amendment No. 2224 1 tax rate share of of the Budget Act. c:li i~ paid (per- total <3> Exon Amendment No. 2225, to express cent) taxes the sense of the Senate that the Congress utilize the existing "fallback"; provisions of FISCAL YEAR 302(A) ALLOCATIONS FOR CREDIT Percent change ...... _..... - 28.6 + 107 +90.8 - 8.0 + 80.3 the emergency Deficit Control Act, to re­ quire a congressional vote on specific meas­ [Dollars in millions] Sourte: IRS analysis, 1981-84 returns. ures to reduce the Federal budget deficit. loan From 1981-84, the adjusted gross income <4> Modified committee amendments, to Direct guaran­ of this bracket rose 107 percent-more than provide a committee substitute on invest­ klans tees double. So even with a 29 percent cut in ment and restoration of Social Security rates, the tax revenues from this bracket funds during debt limit crises. Apprtipriations ...... ••...... 20,325 67,933 C5) Rudman modified Amendment No. Agriculture, Nutrition, and Forestry ······-·· ...... 12,022 5,500 jumped about 90 percent . 2226, to modify procedures under the Bal­ Banking, Housing, and Urban Affairs ...... :::::::·······················sff·········j50 The result: cutting the top rate 20 points anced Budget and Emergency Deficit Con­ Commerce, Science, and Transportalion ...... 420 70 only cut the effective rate three points trol Act of 1985. ~:, ~~~esw:s ::::::: : ::::: :::::::: ::::::::::::::::::::: : ::····· · ···· 2as ··:::::::::::::::: . vastly increased the <6> Exon motion to commit the joint reso­ Finance ...... 3 ...... tax base, and nearly doubled the share of lution to the Committee on Governmental Foreign Relations ...... •...... Affairs, with instructions. Governmental Affairs ·······································································-······················ the tax burden borne by this top bracket, Judiciary ...... from 7.6 to 13.7 percent. UNANIMOUS-CONSENT REQUEST TO SET ASIDE This experience completely justified FIRST- AND SECOND-DEGREE AMENDMENTS TO ~',: !~ :O,'"rn~s1~!:~~.:::::: : :::: :::: ::: :: ::: ::: : : :::: :: ::::::::::::::::::::::: :::::::~ ..... ~~:~~ Veterans Affairs ...... 962 16 312 former Democratic Rep. Bill Brodhead of HOUSE JOINT RESOLUTION 668 Small Business ...... '...... Michigan, a liberal member of the Ways and Mr. EXON addressed the Chair. Select Indian Affairs ...... Means Committee. In 1981 he proposed the ----- The PRESIDING OFFICER. The Grand total, conference agreement ...... 34,550 100,750 immediate reduction of the top rate from 70-50, instead of phasing it down as Presi­ Senator from Nebraska. dent Reagan had proposed. Mr. Brodhead Mr. EXON. Mr. President, I ask The PRESIDING OFFICER. Is argued that "it won't cost anything, unanimous consent, notwithstanding there objection? anyway." Ironically this was offered by the current parliamentary procedure Mr. BYRD. Mr. President, there is Democrats as a compromise in return for under which there is an amendment in no objection on this side. eliminating the third phase of the Reagan the first degree, an amendment in the middle-class tax-rate cut, which they knew The PRESIDING OFFICER. With­ second degree, and an amendment of out objection, it is so ordered. would cost money.e the Senator from Nebraska to refer the debt-ceiling bill back with the UNANIMOUS-CONSENT REQUEST Gramm-Rudman amendment, that the ORDER FOR RECESS UNTIL 9:30 TO SET MORNING BUSINESS first- and second-degree amendments A.M. ASIDE be set aside so that we might consider Mr. MATTINGLY. Mr. President, I Mr. EXON. Mr. President. the par­ the amendment offered by the Sena­ ask unanimous consent that when the liamentary situation, as the Senator tor from Nebraska. Senate completes its business today it understands, is that we are in morning The PRESIDING OFFICER. Is stand in recess until 9:30 a.m., on business. there objection? Tuesday, July 29, 1986. The PRESIDING OFFICER of the out objection, it is so ordered. of the joint resolution. Budget Act for fiscal year 1987 credit RECESS BETWEEN THE HOURS OF 12 NOON AND 2 Pending: authority were incorrect. The items re­ P . M. Gramm-Hollings Amendment No. 2223, lating to the Committees on Veterans' Mr. MATTINGLY. Mr. President, I to add a new title for balanced budget and Affairs and Small Business were trans­ ask unanimous consent that the emergency deficit control reaffirmation. posed. Senate stand in recess between the July 28, 1986 CONGRESSIONAL RECORD-SENATE 17853 hours of 12 noon and 2 p.m. in order hours during the conference, if con- Brig. Gen. Robert L. Wick, Jr., xxx-xx-xxxx for the weekly party caucuses to meet. sent c an be g otten, w ould c ount xxx-... . Following the recess, the Senate will against the 12 hours, which would be To be brigadier general resume debate on the question with fine on this side of the aisle, I will say Col. Gary A. Stemley, xxx-xx-xxxx . respect to TV in the Senate. There- at this point. I may not be here at that Col. Richard G. Quick, xxx-xx-xxxx . fore, votes will occur during Tuesday's moment, but so far as I am concerned, Col. Thomas P. O'Brien, Jr., xxx-xx-xxxx . session of the Senate. that would be agreeable, that the 2 Col. James A. Brooke, xxx-xx-xxxx . The PRES IDING OF F ICER. Is hours during the recess w ould be Col. Howard A. Pope, xxx-xx-xxxx . there objection to the request? charged against the 12 hours. Col. Francis T. Mataranglo, xxx-xx-xxxx . Mr. BYRD. Mr. President, reserving Mr. MATTINGLY. Does the distin- IN THE AIR FORCE the right to object, it is not the plan of guished Senator have any other busi- The following Air National Guard of the the minority to have its weekly party ness? United States officers for promotion in the conference on tomorrow. The minority M r. B Y RD. I thank the distin- Reserve of the Air Force under the provi- has decided to have that weekly con- guished Senator. I have nothing fur- sions of sections 593 and 8379, title 10 of the ference on Wednesday of this week be- ther. United States Code. Promotions made under cause of the funeral services that will section 8379 and confirmed by the Senate under section 593 shall bear an effective be conducted for the late departed RECESS UNTIL TOMORROW AT date established in accordance with section Averell Harriman in New York. And 9:30 A.M. 8374, title 10 of the United States Code (ef- there will be a number of Senators on fective dates in parentheses): this side of the aisle who will be at- Mr. DOLE. Mr. President, I move LINE OF THE AIR FORCE tending that funeral. There may be that the Senate now stand in recess some from the other side as well. pursuant to the previous order. To be lieutenant colonel The PRESIDING OFFICER. With- Thereupon, the Senate, at 4:11 p.m., Maj. Charles E. Amos, xxx-xx-xxxx , (4/3/ out objection, it is so ordered. recessed until Tuesday, July 29, 1986, 86). at 9:30 a.m. Maj. Ronald R. Anderson, xxx-xx-xxxx , (4/12/86). PROGRAM Maj. Michael J. Barrett, xxx-xx-xxxx , (4/ NOMINATIONS 3/86). Mr. MATTINGLY. Mr. President, Executive nominations received by Maj. David 0. Clark, xxx-xx-xxxx , (3/26/ following morning business, at 10 a.m., the Senate July 28, 1986: 86). under the provisions of Senate Resolu- Maj. Kenneth G. Doane, xxx-xx-xxxx , DEPARTMENT OF STATE (4/ tion 28, the Senate will begin debate 8/86). on the question of television coverage Dennis Kux, of New Y ork, a career Maj. Ronald D. Durkes, xxx-xx-xxxx , (4/ member of the Senior Foreign Service, class 30/86). of the Senate and shall continue with of Minister-Counselor, to be Ambassador the proposed rules changes. Maj. Edward L. Fleming, xxx-xx-xxxx , (3/ Extraordinary and Plenipotentiary of the 26/86). There are 12 hours of debate time United States of America to the Republic of Maj. Donald E. Goley II, xxx-xx-xxxx , (4/ provided under the resolution, and it is Ivory Coast. 6/86). the hope of the majority leader that THE JUDICIARY Maj. David D. Hull, xxx-xx-xxxx , (2/24/ some of that debate time can be yield- Richard B. McQuade, Jr., of Ohio, to be 86). ed back. U.S. district judge for the northern district Maj. Marvin S. Mayes, xxx-xx-xxxx , (3/31/ Mr. President, it is the hope of the of Ohio vice Nicholas J. Walinski, retired. 86). majority leader, if the debate tomor- DEPARTMENT OF JUSTICE Maj. Billy N. Privette, xxx-xx-xxxx , (3/20/ row can be concluded at an early hour, 86). George Landon Phillips, of Mississippi, to Maj. Stephen L. Schwab, xxx-xx-xxxx , (3/ on Tuesday, with reference to TV in be U.S. attorney for the southern district of 9/86). the S enate, that the S enate then Mississippi for the term of 4 years, reap- Maj. Donald L. Sicner, xxx-xx-xxxx , (3/17/ would resume consideration of the un- pointment. 86). finished business of House Joint Reso- James L. Fyke, of Illinois, to be U.S. Mar- Maj. Daniel J. Slovak, xxx-xx-xxxx , (3/31/ lution 668, the debt limit. Consequent- shal for the central district of Illinois for 86). ly , the S enate c ould be ask ed to the term of 4 years, reappointment. Maj. Robert J. Spermo, xxx-xx-xxxx , (3/ Thomas A. O'Hara, Jr., of Nebraska, to be 16/86). rem ain in session late tom orrow U.S. Marshal for the district of Nebraska evening in order to make progress on Maj. Richard E. Spooner, xxx-xx-xxxx , (3/ for the term of 4 years, reappointment. 16/86). the debt limit bill. Arthur David Borinsky, of New Jersey, to I would like to reiterate to the mi- be U .S. M arshal for the district of New LEGAL nority leader that the majority leader, Jersey for the term of 4 years vice Eugene To be lieutenant colonel G. Liss, term expired. when he comes in tomorrow morning, Maj. Robert I. Gruber, xxx-xx-xxxx , (4/3/ will make a comment as to whether DEPARTMENT OF COMMERCE 86). the policy luncheon on this side will Louis F. Laun, of New York, to be an As- be held. I am sure at that time the mi- sistant Secretary of Commerce, vice Joseph CHAPLAIN nority leader, too, will be able to help F. Dennin, resigned. To be lieutenant colonel resolve that for us. IN THE ARMY Maj. Henry Edelenbos, xxx-xx-xxxx , (3/ The U.S. Army Reserve officers named 15/86). q 1610 herein for appointment as Reserve Commis- IN THE NAVY Mr. BYRD. Mr. President, I thank sioned Officers of the Army, under the pro- the distinguished Senator. One of my visions of title 10, United States Code, sec- The following-named Naval Reserve offi- tions 593(a), 3371 and 3384: cers to be appointed permanent ensign in concerns is that if the Senate is in a 2- the line or Staff Corps of the U.S. Navy, To be major general hour recess on tomorrow to accommo- pursuant to title 10, United States Code, date the two party caucuses, those 2 Brig. Gen. Marvin G. Back, xxx-xx-xxxx . section 531: Brig. Gen. George E. Barker, xxx-xx-xxxx . hours would not count against the 12 John B. Anderson Brig. Gen. Murray E. Cantrall, xxx-xx-xxxx William R. Coogan hours tim e allow ed for debate on John N. Antonelli Jeffrey S. Coran xxx-... . Gerald B. Barnes Senate Resolution 28. That resolution Brig. Gen. Joseph G. Gray, xxx-xx-xxxx . David B. Cortinas James E. Buffington, Jeffrey P. Donnelly provides for 12 hours of debate on tel- Brig. Gen. Roger W. Sandler, xxx-xx-xxxx . Jr. Timothy R. Egan evision coverage. I think it might be Brig. Gen. George J. Vukasin, xxx-xx-xxxx Craig P. Burow w orthy of consideration that the 2 xxx-... . 17854 CONGRESSIONAL RECORD—SENATE July 28, 1986 Lisa M. Faraci Stephen J. Glaser Robert E. Leete Claire P. Meurer Edwin J. Ruff, Jr. David J. Stremler Andrew P. Finn, Jr. Matthew W. Grandy Matthew B . Long Zan E. Miller Duane J. Schatz William E. Swayze Paul E. Flood Kevin P. Grimley B rian J. Mages Scott W. D onald A. Semones Jeffrey A. Tall Richard N. Fox Wesley J. Hines Nathan J. Martin Montgomery Mark A. Sheraden Mark A. Thurmon Thomas A. Gawlik Sean T. Kelly r'-') D arvin G. Mattila, Jr. Ray K. H. O en David D. Spaugh John D. Ward Joseph M. Giaquinto Roger G. Lawson B rian McLaughlin Philip D. Parsons Claudia A. Stevens Robert A. Yale , G

xxx-xx-xxxx