SENATE-Tuesday, March 17, 1992

5808 CONGRESSIONAL RECORD-SENATE March 17, 1992 SENATE-Tuesday, March 17, 1992

(Legislative day of Thursday, January 30, 1992)

The Senate met at 2 p.m., on the ex speak therein; with the Senator from President. In 1990, he signed the Clean piration of the recess, and was called to Minnesota [Mr. DURENBERGER] to be Air Act into law, which he is touting as order by the President pro tempore recognized to speak for up to 15 min the most significant environmental [Mr. BYRD]. utes; the Senator from Alabama [Mr. achievement of his administration. The PRESIDENT pro tempore. The HEFLIN] will be recognized to speak for But now in 1992, the White House is prayer will be led by the Senate Chap up to 10 minutes; and the Senator from stalling on the enforcement of the new lain, the Reverend Richard C. Halver Wyoming [Mr. SIMPSON] or his des Clean Air Act regulations, and actually son. ignee, will be recognized to speak for helping industry avoid reducing emis Reverend Halverson, please. up to 5 minutes. sions of air pollutants. Several Senators addressed the Mr. President, this may be a stand PRAYER Chair. ard political flip-flop. But as far as the The Chaplain, the Reverend Richard Mr. CRANSTON. May I make a unan environment is concerned, it is just a C. Halverson, D.D., offered the follow imous-consent request? plain flop. ing prayer: The PRESIDENT pro tempore. Under Only 4 days before the Michigan pri Let us pray: the order, the Senator from Minnesota mary, the President announced two is listed first, to be recognized to speak proposals that were avidly sought by Come now, and let us reason together, Detroit auto executives. Both these saith the Lord: though your sins be as for up to 15 minutes. Mr. DURENBERGER addressed the regulations are of questionable air scarlet, they shall be as white as snow; quality benefit. Neither is required by though they be red like crimson, they Chair. Mr. CRANSTON. Mr. President, will the Clean Air Act, and in fact, one of shall be as wool.-Isaiah 1:18. the Senator yield for a unanimous-con them actually violates the act. If we say that we have no sin, we de sent request? These proposals were approved by the ceive ourselves, and the truth is not in Mr. DURENBERGER. I am pleased to administration only 2 days after the us.-I John 1:8. yield to the Senator from California. Environmental Protection Agency had Eternal God, in the light of Your rea Mr. CRANSTON. I ask unanimous sent them to the White House for re sonable, gracious, invitation given consent that I be added to the list and view. through Isaiah, forgive us for the be granted 10 minutes. Meanwhile, 10 other critical Clean stubborness and pride with which we The PRESIDENT pro tempore. With Air Act regulations have been lan deceive ourselves as we struggle to sus out objection, the Senator from Cali guishing for months at the White tain the image of power and strength. fornia [Mr. CRANSTON] will be added to House. These include important steps Refusing to admit our weakness, our the list and will be recognized for 10 that will help to create a cleaner and failure, our sin, we deprive ourselves of minutes. safer environment for all Americans. Your forgiving love and allow the cor Mr. DURENBERGER is recognized. But they are going nowhere at the mo rosive action of guilt to enervate and ORDER OF PROCEDURE ment. debilitate. Daring not to admit our vul Mr. DURENBERGER. Mr. President, For example, the Bush administra nerability, we make ourselves more at this time I would like to yield 5 min tion is delaying setting emissions vulnerable. utes from my time to my colleague standards for toxic air pollutants that Help us, Lord, to be honest with our from Montana for purposes of his cause cancer, birth defects, and other selves and with You. Help us to come speech as though in morning business. problems. This is a serious breach of to You in our need and find in You the The PRESIDENT pro tempore. The George Bush's promise to the American patient and compassionate love that Senator from Montana [Mr. BAUCUS] is people. The delay could have serious ef heals and receives the sinner. Thank recognized for 5 minutes. fects on the public's health, the envi You for the promise, "If we confess our Mr. BAUCUS. Mr. President, I very ronment, and even jobs. sins, He is faithful and just to forgive much thank the Senator from Min Let me explain. In the 22 years since us our sins, and to cleanse us from all nesota for yielding his time. the Clean Air Act was first passed, unrighteousness." EPA has regulated only seven toxic Receive us, Lord, in the sacrificial chemicals. To correct that situation, love and righteousness of Jesus, in CLEAN AIR ACT-BUSH the Clean Air Act specified 189 other whose name we pray. Amen. ADMINISTRATION DELAYS toxic chemicals the agency should set The PRESIDENT pro tempore. The Mr. BAUCUS. Mr. President, I want standards for. Senate will be in order. to bring my colleague's attention to EPA finished its regulation covering what has become of the most signifi most of them 21/2 months ago. They cant environmental legislation to pass sent it to the White House and nothing RESERVATION OF LEADER TIME this body in some time. has been heard of it since. The PRESIDENT pro tempore. Under There is a lot of talk these days These organic chemical regulations the standing order, the majority leader about logjams in Washington, that would control over 1 billion pounds per is to be recognized, and the Republican very little actually gets done here, and year of toxic air emissions, or about leader is to be recognized. a great deal of the criticism is coming one-third of the total amount expected Without objection, the time of the from the White House. The President is to be controlled by the Clean Air Act. two leaders will be reserved. campaigning on this issue, blaming This means fewer cases of cancer, fewer Congress for being a barrier to health problems for those living near progress. chemical plants, and lower health care MORNING BUSINESS I would like to ask the President, Mr. costs for those affected Americans. The PRESIDENT pro tempore. Under President, what happened to the Clean And in addition to the health bene the previous order, there will now be a Air Act? fits, these emission control regula period for the transaction of morning In 1988, then Vice President Bush tions, if they were ever promulgated, business with Senators permitted to promised to be the environmental would have economic benefits as well.

• This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. March 17, 1992 CONGRESSIONAL RECORD-SENATE 5809 According to a draft study prepared Countries facing public health and is the way the process works. You for EPA, full implementation of the air environmental problems will contact reach for a compromise and, if you can toxics provisions of the Clean Air Act firms in Germany, not the United not get it, you have the battle and con would generate between 1.1 and 1.4 bil States. We can retain our leadership clude it, and you do not expect that a lion dollars' worth of revenue annually only by pressing ahead at home. year later someone, somewhere, in the for pollution control companies be By turning our back on the future, middle of a political campaign is going tween 1992 and 1995. And even more we are repeating the mistakes of the to undo years and years of work that it thereafter. past. took to put that whole process to So while the industry would be I could go on, Mr. President. But I gether. What an example this is to the spending money to comply with the wanted to thank my colleague from country, to have them do this. I hope law's public health requirements, it Minnesota for generously yielding his the President was listening Friday also would be creating new, good pay time. I have a lot more to say about · night and, if he was not, I hope he is ing jobs for those who design and build this subject. The long and short of it is listening today. pollution control equipment. we have an opportunity to implement Mr. BAUCUS. If the Senator will Another example of White House the act; we have an opportunity to de yield-I do not wish to take the Sen backtracking involves the requirement velop the pollution control tech ator's time, but I want to thank the for cleaner fuel, known as reformulated nologies for ourselves and to ship over Senator for joining in making this gasoline to be sold in our Nation's seas. Otherwise, developing countries point very strongly, because if more of most polluted cities. are going to buy them from Japan; us address ourselves to it, it is more The reformulated gasoline regula they will buy them from Germany. likely we are going to get some results. tions were prepared as part of a new That very, very much hurts America. process called regulatory negotiation, In summation, Mr. President, I just in which representatives from the af ask the President to live up to his OMB DIRECTIVE ON WORKPLACE fected industries, States, and environ promise to be the environmental Presi SAFETY mental groups all participated. dent and set the White House regu Mr. DURENBERGER. Mr. President, Even though all these participants latory review in motion so these regu I want to express my strong concern signed an agreement on the production lations are put in place. about a story that appeared in the of cleaner gasoline, the administration The Clean Air Act is now being dis Washington Post this morning regard still has not released the regulations. sected and diluted by a President who ing workplace safety regulations that They have been sitting at the White the Office of Management and Budget House now for over 3 months. is breaking his promise to the Amer Other regulations affecting the auto ican people. The result is that the pub [OMB] allegedly has blocked. industry also have been delayed for lic suffers while the President plays to Mr. President, there is a well-estab months, including new operating per short-term, nearsighted industry ex:.. lished procedure for finalizing adminis mit rules, which are the key to effec ecutives. tration regulations. The designated ex tively enforcing the Clean Air Act. If the President is really serious ecutive ·agency solicits information Similarly, EPA's guidance to States about his promise of cleaner air for all from the public on proposed regula on how to meet air quality standards Americans, he should get his adminis tions. Through the rulemaking proce on time has also been stalled by the tration to work on those parts of the dures contained in the Administrative White House for months. Without this Clean Air Act that really matter. Procedures Act, the executive branch guidance, many States and cities will But if he wants to play Presidential conducts a notice and comment process be left in the dark when it comes to primary politics instead, then the and publishes the proposed regulations writing their State implementation American people will have the right to in the Federal Register. plans. hold President Bush accountable for Before finalizing the regulations, Also, industries in those States will promising one thing and delivering an however, OMB reviews the regulations now know what is expected of them other. to determine whether they are consist and may not have sufficient leadtime I yield the floor. ent with the President's program. within the deadlines provided in the Mr. DURENBERGER addressed the According to the Washington Post act. Chair. story, OMB has blocked new OSHA Mr. President, there is a clear pat The PRESIDENT pro tempore. The health standards that set permi&ble tern to me. Rules that implement the Senator from Montana yields back 7 exposure limits [PEL's] for more than pollution control requirements in the seconds. 1,000 substances in the construction, act are being stalled, weakened, and Mr. DURENBERGER. Mr. President, maritime and agriculture industries. quashed, while rules that provide ex I thank my colleague from Montana for These standards are supposed to pro emptions, waivers, or bailouts move his statement. I will say, before he tect workers from excessive exposure quickly. leaves the floor, two things. First, I to dangerous workplace substances, These actions are reminiscent of the compliment him for the leadership on and such standards were approved for Reagan-Bush administration's repeated the Clean Air Act. There would not other industries 4 years ago. efforts to deregulate America. have been one without him. Second, I Mr. President, the Post story sug The effect is that millions of families made a very similar speech from this gests a new approach to Federal regu across America will face a greater risk side of the aisle Friday night, and I lation. The OMB theory is that because of disease and higher heal th care costs asked the President the same question. employers cannot pass the cost of addi because industry will not control its I have not heard from him yet. I must tional Federal regulations on to con emissions of toxic chemicals and other say that I do not know that I will. I sumers, employers' must either lower pollutants. characterize what the President an wages or lower the number of workers And the businesses of the future nounced as "betrayal." He came out on they employ. Because higher paid those that control pollution- could June 21, 1989, and asked us to pass the workers take better care of themselves, languish. Their jobs will not be cre Clean Air Act; helped us to bring both lower wages, or increased unemploy ated. America will lose its economic sides of this aisle together in the room ment, will lead to decreased health lev edge in pollution control technology. right over here. els for American workers. What an in Already, Japan and Germany are ag With the leadership of the Senator credible fantasy. gressively pursuing pollution control from Montana and the majority lead The Post article quotes OMB's acting opportunities. If they succeed while we er- and a lot of others-we did all our director of information and regulatory lag behind, developing nations in East compromising. I remember that the affairs as stating: ern Europe, Africa, and beyond will President pro tempore was a major par The positive effect of wealth on health has buy Japanese, not American products. ticipant and won a major battle. This been established both theoretically and em- 5810 CONGRESSIONAL RECORD-SENATE March 17, 1992 pirically. Richer workers on average buy trying to actually improve their Job se 2360 are located in today's RECORD more leisure time, more nutritious food, curity. under "Statements on Introduced Bills more preventive health care and smoke and We cannot sacrifice our workers' and Joint Resolutions.") drink less than poorer workers. Government health and safety. Without standards The PRESIDENT pro tempore. The regulations often have significant impact on for exposure to hazardous substances, Senator from Alabama [Mr. HEFLIN] is the income and wealth of workers. * * * recognized under the order for up to 10 OSHA should estimate whether the possible we are asking our workers to assume effect of compliance costs on workers' health the risk of danger in exchange for good minutes. will outweigh the health improvements that money. Should adults be allowed to Mr. HEFLIN. I thank the Chair. may result from decreased exposure to the consent to inhale asbestos in shipyards (The remarks of Mr. HEFLIN pertain regulated substances. because it would be cheaper to pay ing to the introduction of S. 2359 are OMB suggests that these OSHA regu high wages than buy safety inhalation located in today's RECORD under lations would cost employers $163 mil masks? I hope we have become a suffi "Statements on Introduced Bills and lion, but every $7.5 million in regu ciently civilized country that we would Joint Resolutions.") latory expenditures results in an addi not place our workers in the position of tional death from decreased employee having to be destroyed in their jobs in CARL ELLIOTT BOOK REVIEW income. OMB concluded that although order to save themselves. That would Mr. HEFLIN. Mr. President, the Bir the new permissible exposure limi ta be the Vietnam of the workplace. mingham News recently ran a book re tion regulations might save 8 to 13 Mr. President, I am deeply concerned view of "The Cost of Courage: The lives per year, the workers' lower that the alleged OMB policy is short Journey of an American Congress standard of living might cause 22 term thinking at its worst. Investment man," written by Carl Elliott, Sr. and deaths, the result being a net increase in safety pays big dividends to employ Michael D'Orso. Many of my colleagues of 8 to 14 deaths each year. ers: through increased long-term pro in both Houses remember former Ala Well, I have not been around here as ductivity, decreased workers com bama Congressman Carl Elliott, who long as many, but this is a whole new pensation costs, and lower health care served in the House of Representatives approach to implementing public pol premiums. Unfortunately, many busi with distinction from 1949 until 1965. icy. As I understand, the thrust of this nesses in this country has been slow to While in Congress, Elliott served as new policy is that OMB has now di recognize the importance of this long chairman of the House Select Commit rected the Occupational Safety and term investment in its work force. tee on Government Research and as a Health Administration and the Depart Their short-term focus, the quarterly member of its powerful Rules Commit ment of Labor to "compare the health profit statement, is often not in their tee. He later was a candidate for Gov effect of these income changes to the best interest nor in the interest of the ernor of Alabama, was active in the health benefits that OSHA attributes country. And the U.S. Government has U.S. Department of Commerce, and to reduced exposures." a responsibility to assure that cor practiced law until his retirement in Mr. President, I remain deeply con porate America does not simply focus 1986. cerned with the allegations contained on profit-loss ratios, because the long Carl Elliott served during the early in this Washington Post story. My of term costs to our country can be enor social upheaval of the civil rights fice has contacted OMB and the De mous. Early prevention should be our movement, a period when principled partment of Labor to verify the infor touchstone. southern politicians faced internal cri mation in that article, and until I can In conclusion, Mr. President, I must ses of conscience over doing that which confirm that the administration has state my concern with this new OMB they knew to be right and just or doing adopted this approach, I hesitate to policy, and, if true, urge the adminis what was then politically expedient. criticize the new policy. tration to reverse itself. Elliott was one of those who ulti Nevertheless, Mr. President, I feel Mr. President, how much time is mately did what was right and paid a compelled at this time to state un available? heavy political price as a result. His equivocally for the record that I oppose Mr. METZENBAUM. Will the Senator autobiography describes the moral di this unusual approach to government from Minnesota yield? lemmas he faced as a southern Con regulation. When I was chief of staff for The PRESIDENT pro tempore. The gressman in the 1950's and 1960's and Minnesota Governor Levander in the response to the Senator's request is the consequences of his decisions in re late 1960's, I helped to establish one of that he has 3 minutes 55 seconds. solving those dilemmas. It is not nec the first statewide OSHA programs. In Mr. DURENBERGER. I have a lim essarily an optimistic portrait, but it Minnesota, we recognize the impor ited amount of time available to me. If is one that contains lessons for all na tance of workplace safety even before the Senator will abbreviate his ques tional leaders, particularly lawmakers Congress passed the Occupational Safe tion or comment. who represent unique constituencies. I ty and Heal th Act in 1970. Mr. METZENBAUM. I rise to com highly recommend it to my colleagues. Since my involvement in the Gov- mend the Senator from Minnesota for I ask unanimous consent that the . ernor's office with State based worker his astuteness in speaking out on this Birmingham News book review of safety programs, I have consistently issue. We addressed the subject in the former Congressman Carl Elliott's new supported legislation that protects our Labor Subcommittee this morning, and autobiography be printed in the workers from workplace hazards. The we will be sending a letter to the Presi RECORD. alleged OMB position turns back the dent, a number of the Members of this There being no objection, the review clock on workplace safety, and that is body. I hope the Senator from Min was ordered to be printed in the simply unacceptable to this Senator. nesota will join us. I commend him for RECORD, as follows: The OMB approach, if true, would being alert and on the ball on this [From the Birmingham News, Mar. 8, 1992] constitute flawed public policy. First, issue. I will speak more extensively to FORMER U.S. REPRESENTATIVE ELLIOTT PAYS we owe it to our workers to guarantee the subject later in the afternoon. BIG PRICE FOR COURAGE them a safe environment to earn their Mr. DURENBERGER. Mr. President, ("The Cost of Courage: The Journey of an living. Employees should not be asked I am grateful to my colleagues. American Congressman," by Carl Elliott, to trade continued employment or cur Mr. President, I would like to speak Sr., and Michael D'Orso.) rent wages for workplace safety. The on another subject. It might have taken more courage than two are not exchangeable; to suggest The PRESIDENT pro tempore. The even Carl Elliott realized for him to write this autobiography. the two are fungible is absurd. Govern Senator from Minnesota is recognized. The U.S. congressman from Jasper between ment must mandate minimum accept Mr. DURENBERGER. I thank the 1948 and 1964 has reached political hero sta able standards for workplace safety, Chair. tus on a reputation of having stood up for and it is unconscionable that we would (The remarks of Mr. DURENBERGER what he believes, even when it would get him sell out our workers in the name of pertaining to the introduction of S. knocked down. March 17, 1992 CONGRESSIONAL RECORD-SENATE 5811 Most notably, he tried futilely to keep the crossing over to join Wallace. There's even ecutive director· of the organization political debate in Alabama in 1966 off racial the time Elliott accidentally doused Lady last year. hatred and on economic advancement at a Bird Johnson with a pitcher of water when During his years at the press associa time when George Wallace built political in he was a waiter in college. tion, Mike was always kind to my vincibility out of promoting hatred. Woven into his own story, Elliott draws a But in pushing this point, the book also re compelling and appropriately highly disturb staff, particularly when they partici veals that Elliott in fact didn't always stand ing picture of this state's tortured, feudalis pated in the summer and winter con up for his convictions. An underside slips tic history. ventions. They always informed me into view: moments of sheer political timid It contains more hatred (by others, not by that he had made them feel welcome, ity, others of calculatingly backing down Elliott, who claims he refused even to hate encouraging them to take an active purely to further his quest to keep his job. his nemesis Wallace), bigotry, violence and role in the APA. Elliott recounts a day in May 1964 when he ignorance than the world ought ever to Mike Ryland will be missed by so tried to kiss up to Wallace. Elliott lent Wal know. many people who knew and worked lace his credibility by appearing with him on It portrays more political ineptness, skul his failing presidential campaign trail. duggery, betrayal of the people and down with him over the years. He was the "That was one of the lowest points of my right lawlessness and corruption by elected kind of professional that the journal life," Elliott writes. "Simply sitting on that leaders than even the most cynical manipu istic community was proud to call its stage, lending any kind of validity at all to lator could imagine. own. I extend my sincerest. condolences George Wallace, made me realize how des And, most disturbing of all, it provides lit and best wishes to his wife Julie and perate I had become. It physically hurt." tle if any message of hope. Despite all the their entire family. Also, Elliott enjoys a reputation as a civil painful upheaval of the 1950s through now, it rights champion, and insists he always be repeats again and again its theme that little lieved in equal rights for all people. Yet, he has been resolved. TRIBUTE TO JOHN LEMLEY "LEM" recounts how he voted against the landmark Good guys seem to finish last in this book, MORRISON, SR. 1964 Civil Rights Act-and every other civil from the slaying of his heroes John and Rob rights bill to come along-to help ensure his ert Kennedy and Martin Luther King Jr. to Mr. HEFLIN. Mr. President, the re-election to Congress. the woeful, endless bankruptcy of the main young people of Alabama lost an old He made that part of his "deal" with the hero himself, Elliott. and dear friend on March 7 when John Kennedy administration during its effort to The bankruptcy is a lasting wound from Lemley Morrison, founder of Greens "pack" the House Rules Committee in 1960. Elliott's failed 1966 gubernatorial campaign boro's Dairyfresh Corp., died. Known Elliott would get to sit on the powerful com against Lurleen Wallace, who surrogated for simply as "Lem" throughout the mittee, and Kennedy would get a needed her husband. Elliott cashed in his congres State, Morrison was a long-time advo Southern supporter on it who would vote for sional pension during that fight and still cate of youth development in Alabama, all of Kennedy's reforms-except for any ended up $500,000 in debt. civil rights reforms. In almost deadpan fashion, he points out especially in Mobile. "It was understood . . . that this would be how bankruptcy completes his life's cycle Lem Morrison was born in Greens the one area where I would have to vote the back to the poverty into which he was born. boro, AL, and was a life-long resident standard Southern position. And I did .... The upper-middle class Jasper home he there, but Mobile was his second home. Mine was the key vote that killed a bill to owned at the height of his career, and now: He had been an influential figure in the create an urban affairs department" headed rents after its foreclosure, decays around Port City, serving as president of the by a black man. him, slowly gaining some similarity to the Allied Arts Council of Metropolitan He even signed the "Southern Manifesto," log cabin he grew up in. Mobile ~nd vice president of the Mobile a 1956 position statement by Southern politi But that, too, took a certain courage to cians defending segregation as a cherished tell, didn't it? Area Chamber of Commerce in the way of life for whites in response to Brown v. Maybe optimism hinges on a postscript. 1970's. Dairyfresh, which now covers six Board of Education. Elliott, 77, frail and confined to a wheel Southeastern States, was begun during "There were a select few southerners who chair, has been broke for so long that surely the postwar 1940's when Morrison pur refused to sign the thing . . . all had more most of his creditors have given up. But 26 chased Dixie Dairies in Prichard, a sub political power and a stronger base than years later, he still refuses to end the pain urb of Mobile. The renamed facility me-strong enough to stand against some by filing for bankruptcy. . there is still considered the company's thing like this and survive. I knew there was If enough copies of this book sold, Elliott mother plant. He remained Dairy no way I would survive, and I hadn't might at least have the pleasure of paying achieved what I came to Congress to do." off the debts, if not going his last few steps fresh's chairman of the board until his Now he has second thoughts. "I'm proud of in comfort. death at the age of 87. most of the things I did that hurt me politi He certainly earned that much.-JOE As successful as Lem was in business, cally-and I'm sorriest about some of the NABBEFELD. he devoted just as much of his energy things that were supposed to help." to aiding the development of young That said, more often than not, Elliott- children and young adults. For years, known best for creating the 1958 law that TRIBUTE TO MIKE RYLAND he would shun advertising for his com launched cheap government loans and other Mr. HEFLIN. Mr. President, it is pany, using the funds instead of var federal efforts to open college to poorer peo ple-displayed the conviction and courage with a deep sense of regret that I rise ious youth organizations. He was in found only in the best of people. No getting today to pay tribute to Mike Ryland, strumental in establishing the Pixie around that, even with the underside ex the executive director of the Alabama Players in Mobile and had served on posed. Press Association [APA], who died on the Mobile Advisory Council for the Following his gritty, hustling, people-lov March 5, 1992, at the young age of 34. Boy Scouts. Probably his greatest in ing trail is a pleasure, from the backwoods of Although I had just met him last terest, however, was in Alabama's 4-H Franklin County as a child in the Great De month at the Alabama Press Associa Clubs. pression to squatting in an abandoned build tion meeting in Tuscaloosa, he im Known affectionately as "Mr. 4-H," ing while scraping through the University of pressed me as a friendly person who Alabama to the pinnacle moment when he Lem was chairman of the Alabama 4-H received the first-ever John F. Kennedy Pro genuinely cared about the organization Foundation from 1964 until his death. file in Courage A ward in 1990. for which he worked. This same dedica He was the one person primarily re This book is loaded with humorous twists tion and loyalty carried over to the in sponsible for the construction of the 4- and chewy description-and enough behind dividual newspapers and journalists H facility on Lay Lake, near Clanton the-scenes gossip on several generations of that he represented throughout the in the central part of the State. A close some of Alabama's most prominent leaders- State. friend remarked that Lem Morrison to earn Elliott another courage award, per Mike once worked at the Atmore Ad was a philanthropist in the very best haps from Ki tty Kelly. sense of the word. Indeed, he touched There are drunken escapades starring vance for Bob Morrissette, the paper's former Gov. "Kissin' Big Jim" Folsom, former publisher and past president of many young lives in a highly positive hookers and bootleggers hired to campaign the APA, who now runs my Mobile of way. (or Elliott by his opponent, and Rep. Tom fice. I know that Bob was extremely Lem served in the National Guard Bevill 's proverbial stab in Elliott's back by proud of Mike when he was named ex- during World War II, advancing to the 5812 CONGRESSIONAL RECORD-SENATE March 17, 1992 rank of lieutenant colonel. After the would protect workers from toxic gases accidents and perhaps as many as 50,000 war, he took $40, according to friends, when working in confined areas-such have died of occupational illnesses. and started his dairy business. A short as storage tanks-without adequate Where is the compassion, Mr. Presi time ago, Lem was named to the ventilation. OMB has studied the dent, where is that kindness that you Cattlemen's Hall of Fame. He has al standard a number of times, including spoke about when you talked about the ways been held in high esteem at Au one review that lasted 21/2 years, from thousand points of light? burn University, which awarded him an December 1986 to April 1989. Since the And now, after the failure to do any honorary doctor of science degree in time OSHA began formal consider thing for so many months-so many 1983. "Lem Morrison Drive" at Auburn ation, by its own estimates, 884 work years, in some instances-OMB has re is a living memorial to his work in the ers have died and another 59,000 have jected health protections for 6 million field of dairy agriculture. been injured in accidents that could construction, maritime, and agri Mr. President, our children and have been prevented if the proposed culture workers, telling the Labor De young people today face societal dif standard were in place. And 17 years partment that it has to consider ficulties of a magnitude that Lem Mor later-yes, I said 17 years-it still has whether adopting these regulations rison could never have imagined when not been adopted. What is worse, more will result in more workers dying be he began working on their behalf sev than half of the health standards OSHA cause of the added regulatory cost. eral decades ago. He truly made a dif has issued during the Reagan and Bush OMB's theory, as I understand it, is ference in their lives, and leaves behind administrations have been compelled that added regulatory costs result in a legacy we can look to when searching by Congress or by a court because that lower wages and fewer jobs, which for answers to these problems. There is was the only way to get the adminis might have a negative impact on work no doubt that Lem was one of the tration to do its job. ers' health. So OMB's bottom line is, as points of light that President Bush has As if the administration's embarrass the Washington Post put it, "less pro so often referred to in the last few ing record was not bad enough, in Jan tection saves lives." years. uary the President called for a 90-day This latest directive is an insult to I join all those who admired his work moratorium on all proposed regula the American people. It is an insult to on behalf of Alabama's youth and dairy tions. He allowed an exemption for im every working man and woman in this industry in commending his life, ca minent safety and health risks without country. Just this morning, at a hear reer, and many accomplishments. I ex indicating whether that would cover ing on the OSHA reform bill, one of my tend my sincere condolences to Lem's any of the pending OSHA regulations. constituents told the Labor Sub wife Beatrice, son John, and daughter In fact by the Department of Labor's committee how her father, Linus Lemuel, and wish them well. own estimates, suspending the regu Kriener, an employee of the city of Ma The PRESIDENT pro tempore. The latory agendas of OSHA and MSHA for deira, OH, died in a trenching accident Senator from Ohio [Mr. METZENBAUM]. 90 days would cost 293 lives and 1.3 mil less than 2 weeks ago. Although OSHA Mr. METZENBAUM. I thank the lion workplace injuries and illnesses. has trenching regulations that clearly Chair. I am pleased that the Senator from would have prevented this tragedy, Montana saw it appropriate to speak to they do not apply to 8 million public the fact that the President, on his own, HEALTH STANDARDS sector workers like Mr. Kriener. As a did a political job, made a political result, no safety precautions were Mr. METZENBAUM. Mr. President, I · move, a move intended to gain votes, taken, the 10-foot-high walls of the rise to address a most serious problem by going up to Detroit yesterday and trench collapsed, and Mr. Kriener was that was described this morning in the indicating he was suspending the buried alive. Washington Post. According to that standards with respect to automobile President Bush, do you really want newspaper, last week the Office of emissions. to tell Mr. Kriener's family that less Management and Budget blocked the Come on, now, Mr. President. You protection saves lives? Is that truly adoption of health standards for 6 mil talk about a thousand points of light, your message, Mr. President? Are you lion construction, maritime, and agri but you are showing us only a thousand really saying, when you delay pollution cultural workers, and sent the pro points of darkness day in and day out. controls up in Detroit, that that is posed regulations back to the Labor The Secretary of Labor says she will good for the American people? Or are · Department. OMB says it rejected the not do anything to endanger the health you playing some kind of a political proposed rules because adopting health and safety of American workers. You game with the American people? regulations might result in more work can buy that if you want, but I do not. I intend to send a letter to the Presi ers dying. How absurd can you get? But she told her staff the moratorium dent today requesting that he take The headline in the Washington Post review would involve "considerable whatever action is necessary to ensure says it all: "OMB's Logic: Less Protec staff time" and that her staff should the release and publication of these tion Saves Lives." What a ridiculous, conduct a review "even if other efforts proposed regulations as soon as pos and cynical, explanation. have to be slowed." sible. This is just the latest in a long line Oh, we have to slow down these regu I say to all of my colleagues, the let of affronts to the American people by lations, we have to slow down the pro ter has plenty of space on it for your the administration. Let us review the tective measures for the workers of signature to be added. I extend to you President's record in protecting the this country because the President an invitation to join me in signing that safety and health of American workers. does not want the 90-day delay. letter. Even without this latest delay, OMB's Whether it is formalized or not, these Mr. President, I yield the floor. role in OSHA's standard-setting proc efforts of the President and the Sec The PRESIDING OFFICER (Mr. ess has been a long nightmare of ob retary of Labor will inevitably eat up ADAMS). The Senator yields the floor. struction. As a consequence, many precious resources and slow the regu The Senator from California [Mr. OSHA standards have taken 10 years or latory process, and that means, plain CRANSTON] is recognized for 10 minutes. more to be issued. During this time, by and simple, that more American work OSHA's own estimates, thousands of ers will die waiting for their Govern workers have died or been injured or ment to help them. ROE VERSUS WADE: PROTECTING been crippled by occupational disease More than 7 months ago, we intro FREEDOM OF CHOICE because the Federal Government had duced OSHA reform legislation, but the Mr. CRANSTON. Mr. President, on done nothing to protect them. administration still has not completed January 21, 1992, the Supreme Court For example, OSHA has been for its review of the bill or taken a posi announced that it would hear argu mally considering a confined spaces tion. In these 7 months, an estimated ments in a Pennsylvania case in which standard since 1975. This standard 6,000 workers have died on the job in the United States Court of Appeals for March 17, 1992 CONGRESSIONAL RECORD-SENATE 5813 the Third Circuit held that Roe versus moved by total strangers from place to place tinue to base press rights on the rock Wade was no longer the law of the land. before they were brought to a secret place of the Constitution rather than on a On March 6, I and nearly 150 Members where the abortion was performed and then left on a street corner to find their way piece of legislation that could be al of Congress joined in an amicus curiae home. tered on a political whim. brief filed before the Supreme Court I voted for the Senate resolution on urging the Court reaffirm, rather than Mr. President, in the years before Roe, virtually every major municipal the Hill-Thomas leaks because it also reject, Roe versus Wade. The oral argu called for an investigation of certain ments in this case have been scheduled hospital in this country had a septic abortion ward-a ward filled with leaks-most of them very, very, inac for April 22, very soon. A decision may curate-from the Ethics Committee. be handed down by early July. Al women recovering from infections and aftermath of illegal abortions. A Texas These leaks clearly were motivated not though I certainly hope that the Court by any real concern for the public good will not use this opportunity to under physician, Dr. Robert Prince, who re cently spoke at public forum in Dallas but only by political and personal pur mine further Roe versus Wade, I am poses and, perhaps, malice. not sanguine about the prospects. Both on the Freedom of Choice Act, de scribed how early in his medical career I was the main target of those leaks. President Reagan and President Bush It was only natural that I wanted to campaigned for the White House on a he would see at least one case a night of a woman suffering from a botched il see publicly exposed whoever it might platform aimed at placing on the Su be who was willing to violate commit preme Court, and throughout the Fed legal abortion. If Roe is overturned, some States will tee rules, and the rules of common de eral court system, judges who could be outlaw abortion. Others will not. Some cency and fair play. counted on to overturn Roe versus women will find ways to travel across It was he or she I was after, not some Wade. By every indication, they have State lines to communities where reporter who was simply doing his or succeeded. women still retain the right to have a her job. I had not counted on Paul Mr. President, if the Court does carry safe and legal abortion. But many Rodriguez of the Washington Times out the Reagan-Bush agenda of strip women will lack the resources or the being subpoenaed and grilled. ping away from American women ability to make these journeys. They I sent word to Paul to stick to his whether all at once or bit-by-bit-the will become the prey of the unlicensed, guns, that he should stand by his con right to freedom of choice, the respon untrained, and unsavory opportunists stitutional rights and refuse to disclose sibility to protect and secure this right or they will resort to self-induced abor his source even under threat of a con will shift to the legislative branch. The tions. The coathangers and knitting tempt citation. He did so on his own, Congress of the United States will be needles which had become ancient his without needing my advice. called upon to enact legislation which tory will return, with tragic con I was similarly disturbed when Nina will restrict individual States from sequences. Totenberg of National Public Radio interfering with the freedom of a Access to safe and legal abortion, and Timothy Phelps of Newsday were woman to choose to terminate a preg like other basic civil rights, is a right subpoenaed in connection with leaks nancy. which must be available to all women, from the Judiciary Committee in con I have introduced legislation, S. 25, regardless of the State in which they nection with the Anita Hill affair. I the Freedom of Choice Act, to accom happen to live. With the demise of the commend them for their courage in plish this purpose. In the weeks ahead, constitutional protections provided standing up to Mr. Fleming's attempts I intend to speak on the Senate floor under the Roe decision, Congress must at intimidation. about the vital urgency of enacting the establish Federal, statutory protec But now Mr. Fleming has gone even Freedom of Choice Act if Roe continues tions for all women who must face beyond that outrage. He has taken to be eroded or overturned. these very difficult, personal decisions. steps to subpoena the home telephone This debate should begin with a very Enactment of the Freedom of Choice records of Ms. Totenberg and Mr. thorough understanding of what will Act will provide those protections. Phelps, as well as information on calls happen in this country if the protec made from their news organizations. tions provided under Roe versus Wade The investigation has degenerated are eliminated. LEAKS into an unjustified criminal probe. No In those States where abortion is Mr. CRANSTON. Mr. President, the crime has been committeed, but Mr. outlawed or restricted, women will still Senate investigation of the leaks in the Fleming is doing violence to the Con have abortions. What they will not Hill-Thomas sexual harassment matter stitution. have is access to safe and legal abor is getting out of hand. Special Counsel As CBS anchorman Dan Rather said tions. To see what is at stake, we need Peter E. Fleming should be reined in. at the National Press Club yesterday, only look back to the era which pre I voted for the Senate resolution au "A process has been set in motion that ceded Roe. thorizing the investigation-despite leads from one first amendment viola When abortion was illegal, illegal deep misgivings. tion to another, like falling dominos." abortions were an epidemic. Thousands I myself am a former newsman. I There is something about being a of women died at the hands of back strongly support the right of reporters Senate special counsel that seems to go alley butchers or from self-induced and editors to protect the confidential to a lawyer's head. abortions. Some of the most powerful ity of their sources lest these sources Mr. Fleming should be told to cool it. testimony in support of the Freedom of dry up and the public is deprived of in If he does not, I urge the Senate Choice Act has come from physicians formation it should have. Rules Committee to do so by rejecting who know firsthand what will happen if This is not merely a matter of press his requests for subpoenas for the tele abortion is made illegal. privilege. It goes to the very heart of phone records of reporters and their Dr. William Peterson, the director of the first amendment and the people's news organizations. obstetrics and gynecology of the Wash right to know what is going on in their ington Hospital Center described at a Government. As a matter of fact, during the Nixon REARRANGING THE TAX TABLES March 4 hearing on the Freedom of ON THE TITANIC Choice Act his own experiences in the administration I attempted to draft a years before Roe. Dr. Peterson testi so-called shield law that would have Mr. CRAIG. Mr. President, reason fied: prohibited the Government from sub able persons can disagree on policy, I've been a physician for over 45 years * * * poenaing members of the press and priorities, and legislative approaches. I have seen firsthand the horrors of illegal badgering them into violating their Sometimes, however, reasonable per abortions that were performed without prop pledge of confidentiality. sons of generally differing viewpoints er medical precautions or care. I know of I abandoned that effort when I was can find themselves in agreement on women who were blindfolded and alone, persuaded that it would be best to con- significant matters. That is true of the 5814 CONGRESSIONAL RECORD-SENATE March 17, 1992 editorial position of the Washington purses of the American taxpayer, the A constant dollar analysis of Federal Post and the 47 Senators who voted Federal Government takes about 18 spending trends allows us to compare last week against the tax shuffle bill, percent more of the money away from apples with apples and ask quite sim H.R. 4210. the private sector. ply: Is the Federal Government doing I would like to commend to the Sen In other words, 18 percent more out twice as much good for the American ate's attention to yesterday's Post edi of the pocketbook of the taxpayer. people as it did in 1970? Are the people torial on the tax bill, and ask unani Today in real terms, the Federal spend getting three times as much service, mous consent that the text of the edi ing machine is about twice as big as it compassion, and good stewardship out torial be printed in the RECORD. was in 1970-at the climax of the guns of their Government as they did 30 The PRESIDING OFFICER. Without and butter era of the sixties-and col years ago? objection, it is so ordered. lects 50 percent more in taxes. Except Taking the long-term perspective, we (See exhibit 1.) for fiscal 1969, the year of the Vietnam can see readily that the burgeoning Mr. CRAIG. The Post called the tax surtax, the last year our budget was growth of Federal spending and indebt bill, a bad play to an empty theater. balanced was in 1960. Today, in infla edness is not a partisan problem, not in That characterization was too kind; tion adjusted dollars in real terms, the the short run and certainly not in the passage of this bill was more like rear Federal Government spends three long run. It is simply a problem of col ranging the tax tables o'n the Titanic. times as much and takes in about lectively being able to stop our spend Last week's tax bill was an exercise in twice as much. ing appetite. moving tax dollars around from one Before any one of my colleagues Last week, however, we did have the pocket to another, to another, and comes running to the floor to decry opportunity to take one small step in back again, in hopes of diverting the those figures as masking over the huge that direction and because of the pent taxpayers' attention from the fact that defense buildup of the 1980's versus the up partisanship on this floor and col they and the economy are getting a slash and burn attack on domestic pro lectively in the Congress itself, we kick in the pants. gram, let me anticipate it and respond opted not to do it. Instead, we took the That assault on the health of the to those arguments in a similar fash option·of shuffling the tax, playing the economy is not coming from undertax ion. In real terms, in real dollars that fiddle while the economy burned and ation, spending restraint, or too little everybody can agree on, domestic dis we did that because of partisan poli Government. While it does come from cretionary spending has remained vir tics. We did not reverse any trend. many sources, the principal, and grow tually unchanged since the last Carter That is an opportunity we had and that ing, source of our current economic budget in fiscal 1981. my colleagues were offered with the malaise is a spiraling public debt. And After all the hue and cry about the Kasten amendment to the tax bill. the fiscal history of the Federal Gov budget meat ax of the eighties, we only We could have paid for the tax cuts ernment demonstrates clearly the really froze the purchasing power of in H.R. 4210 with some spending re source of that debt is the growth in discretionary domestic spending. How straints and done so for the good of ev spending within the Government itself. ever, then and now, the Federal Gov-. eryone and especially for the working We often rhetorically luxuriate in ernment spent and is spending about 50 men and women who are now not work Federal budget numbers. We love to percent more on these programs than ing because of an economy that has in 1970 and 21h times as much as 1962. play the numbers game because I think In entitlements, again in terms of placed them out of work. However, as most people in Washington recognize constant dollars, real dollars today, we the Post editorial notes and the Post few can understand it when we do it. It are spending about a third more than points out that my friends on the other sounds something like this, Mr. Presi 11 years ago. Again, so much for the ef side of the aisle fully realize this, Mr. dent. You know, the marquee on fectiveness of those entitlement cuts President, as well, we will have an McDonald's hamburger stand that which we have all agonized over. It did other opportunity, I hope, down the says: "billions and billions." Well, let not happen, Mr. President. We only say road to take a bite out of the apples us say billions and billions collected in it did. We are now spending 2% as much that we are trying tq compare at this taxes, billions and billions more spent, as we did in 1970, and we are spending moment. ; into trillions of debt. more than four real entitlement dollars Let us take that opportunity in the Did anybody really understand what for every one we spent in 1962. Those coming weeks to examine our fiscal I said? It is a cliche, and true, to say are the facts and they cannot be dis past and our future in a long-term per that the meaning of those figures is puted. spective that recognizes that debt over lost simply in their magnitude. We do The worst news, of course, comes hang on this economy will do nothing not know what we are talking about with regard to the interest payments but strangle it. While the rest of the anymore and the American people can we are now having to make on that world's economies emerge as growing not even begin to track us or under great public debt. Because of those and dynamic, we will find ours stagger stand it. But it is possible to make spending increases I have just cited, be ing, not producing the kind of job cre sense out of these figures if we work at cause of the crushing debt that we have ation that we so vitally need to put our putting them into clear perspective. discussed for the last good number of people back to work. In constant dollars, adjusted for in weeks, real spending to serve the debt That kind of job creation will only flation, this year, the Federal Govern has doubled in 11 years-almost quad come when we recognize tax policy ment will spend about 40 percent more rupled since 1970 and increased more that reduces the burden on the average than in fiscal year 1981. Let us pause than 51h times in 30 years, and that is taxpayer in this country, recognizes for a second and reconsider that figure: a tragic, tragic number. the value of investment, untaxed in After more than a decade, we are told Commonly, we have made these argu vestment that will generally create by many on the other side of the aisle ments by comparing the growth of jobs and return us to a productive and in the press, of the slashing of pro Government with the growth of the economy. I ask that we recognize that grams and bone crunching belt tighten economy. The same general trends will in the coming months, if not for the ing efforts of the Federal Government. show up in that analysis. After all, the sake of ourselves, for the sake of our Yet it is 40 percent bigger, spends 40 Government has been growing faster young people's future and the future of percent more on goods, services, and than the economy, but I believe we fo this Nation and the economy. transfer payments. cused too little on that type of con ExHIBIT 1 And on the revenue side? After that stant dollar analysis of the budget [From the Washington Post, Mar. 16, 1992) same decade of supposedly slashing trends. After all, there is nothing that * * * AND THE IMPOSSIBLE taxes and enacting revenue giveaways, gives the Federal Government an enti The tax blll is a bad play to an empty thea in constant dollars, in purchasing tlement to grow at the same rate as ter. If you wonder why the president and power drained from the pockets and the economy as a whole. both parties in Congress enjoy so little pub- March 17, 1992 CONGRESSIONAL RECORD-SENATE 5815 lie esteem, here is part of the explanation. ity leader that in the engrossment of be offering new customers and consum The bill that the Senate held its nose long H.R. 4210, amendment No. 1733 be cor enough to pass last week 50 to 47 is one that ers a 15.4-percent APR. In addition, hardly any senator believes in. It's a politi rected by inserting page 6, which was there continue to be a number of small cal gesture; almost everything about it is inadvertently omitted which I now er banks, Mr. President, that offer bet fake or wrong-and that's true of the rival send to the desk. ter deals for creditworthy customers. proposals as well. The PRESIDING OFFICER. Without In this regard, I was pleased to note In the short run the Senate measure objection, it is so ordered. that People's Bank of Bridgeport, CT, wouldn't stimulate the weak economy be Mr. DODD. Mr. President, may I in offers one of the lowest APR's in the cause it can't without breaking the budget quire what is the business before the rules and adding to a crippling deficit al country. As of March 1, its rate will be ready much too large. In the long run, how Senate? 11.5 percent, with a $25 annual fee and ever, it would break the rules, or their spirit. The PRESIDING OFFICER. The Sen a 25-day grace period. It contains a huge backloaded gift to the bet ate is in morning business. Compare that, Mr. President, with ter-off in the form of a new stream of tax-ex the 19.8 percent of 6 of the 10 largest empt investment income whose affordable ef credit card issuers in the country. Con fects have been carefully put beyond the SEMIANNUAL REPORT OF THE FEDERAL RESERVE ON CREDIT sumers have a choice here, and part of five-year estimating period to which the the rationale for this report that comes budget strictures apply. CARD INTEREST RATES That's contradiction No. 1; No. 2 is that out twice a year is to let people know this new kind of IRA, or Individual Retire Mr. DODD. Mr. President, yesterday that they can shop; that they do not ment Account, would also eventually vitiate the Federal Reserve issued its semi have to do business with those credit the other supposed virtue of the bill, its pro annual report on bank credit card card companies that offer the highest gressive distributional effect in raising taxes plans, and I want to take a couple of rates. on the rich to pay for a credit for the middle minutes, if I can, to discuss that re There is nothing that prohibits a class. The measure would carelessly undo port. It contains both good and bad consumer from the State of West Vir some aspects of tax reform as well. news for American consumers. The bill now goes to conference with the ginia-I see my colleague here, the dis House, whose Democrats, with equal lack of First of all, some bad news for con tinguished President pro tempore, and enthusiasm or conviction, passed similarly sumers is contained in that report. the distinguished Presiding Officer-or self-contradictory legislation last month. Once again we find, Mr. President, that from the State of Minnesota from com The only serious difference is that, instead of the largest issuers of MasterCards and ing to Connecticut to do business, and the new IRA, the backloaded House giveaway Visa cards continue to offer new card we would like them to do that. They is a capital gains tax cut that would be holders unduly high annual percentage ought to shop around the country and about as regressively generous and useless as rates with 6 of the top 10 issuers of the one for which the Democrats have indig find out what the best rates are for nantly castigated the president for the last these credit cards offering rates of 19.8 them. At any rate, this particular bank three years. Who's on which side? percent or higher and only 2 of those 10 in my State is one of many that is The third act in the set piece will be for offering a rate below 16 percent. dropping the rates. the president to veto whatever the Demo Moreover, Mr. President, · according The question might be asked, Mr. crats send him. That's the right result, but to the Nilson Report, 73 percent of all President, how much of a difference it, too, will be perversely reached; he'll do it bank cardholders are still paying more will a lower APR mean to consumers. for the wrong reasons. The tax increases to than 17 .99 percent on their balances. Obviously, the answer to that question which he so objects on the rich are arguably Mr. President, I understand that the two bills' most defensible features, on depends upon the size of the balance fiscal and distributional grounds alike. The credit card loans, and I think we all do, one rolls over from month to month. government needs the money (though for are not like other loans. They have However, it is instructive to look at other things more than a tax cut for the higher acquisition and processing the average bank credit card balance middle class), and the increase standing costs, as well as higher losses than that is rolled over in a month, which is alone would help restore the tax system's other loans. So they figure to be more roughly $3,000. That is a figure that is lost progressive edge. costly than mortgage or installment derived from dividing the total credit The problem for both parties is the same. loans. I think we all appreciate that. They have no money; they spent it all in the card balances outstanding by the num '90s. The deficit is now S400 billion a year, But, Mr. President, with five drops in ber of accounts that do not pay off bal the debt has quadrupled to $4 trillion in the the Fed discount rate during 1991, cred ances monthly. That number, we are 12 short years of Reagan-Bush, and interest it card rates simply should not be this told, nationwide, is roughly $3,000. on the debt is a seventh of the budget, leav much more expensive than other loans. If that is the average, the cost of car ing that much less for everything else. These Some have suggested that banks are rying over a $3,000 balance for 1 year at inheritors have no maneuvering room, simply making up on credit card loans 19.8 percent, which is what those six whether it be to stimulate the economy, or what they are losing in other areas of largest banks are offering, is $594. At come to the aid of U.S. states and cities or lending, and I think those accusations do the same for the former Soviet republics. 11.5 percent, which is, as I pointed out, They have mortgaged the ability to govern. are true. While there is nothing wrong the rate at the People's Bank in Tax cuts even if financed make little sense with banks making profits, obviously Bridgeport, CT, that drops to $345, or in such a setting, much less cuts financed as they need to, a basic tenet of our free an annual savings of $249. these and the president's both would be in market system is that a competitive Now, that may not sound like a lot, part by technicolor accounting. The faster marketplace does not permit busi but recently, during the tax debate Congress removes itself and the president nesses to make higher profits in one around here, we were told that in the from temptation and adjourns in this elec area to offset losses in another. House bill middle-income taxpayers tion year, the greater the favor it will be At the same time, Mr. President, doing the country. The risk of bad legisla were going to save $200 if they were tion from this session is much greater than there is good news contained in this re single filers. the likelihood of any good. Go home. port, and I would like to get to that, if Here, by just shopping, by just look The PRESIDING OFFICER. Who I could. This good news is that more ing round the country, you do not have seeks recognition? ·banks are offering lower rates, few in to wait for a tax bill. If you are a credit Mr. DODD addressed the Chair. the top 10, but when you get below the card holder who is a good risk and you The PRESIDING OFFICER. The Sen top 10, you find that banks are respond have a $3,000 annual balance, which is ator from Connecticut. ing with some lower rates with many the national average, by just shopping offering variable rates tied to the you can save yourself and your family prime rate plus a margin, and I com $250 a year, just on the interest being CORRECTING ENGROSSMENT OF mend those banks for taking those charged. H.R. 4210 steps. Moreover, Mr. President, the bank in Mr. DODD. Mr. President, I ask unan Thus, as of April 1, AT&T Universal, Connecticut, People's Bank, is not imous consent on behalf of the major- the third largest bank card issuer, will alone, as I said, on this list. There are 5816 CONGRESSIONAL RECORD-SENATE March 17, 1992 many other banks that have low vide such information on an ongoing reduce the Federal budget deficit. How APR's. The lowest happens to be the basis, consumers do not need to accept ever, the amendment was directed sole Simmons First National Bank of Pine costly credit cards. They can choose in ly at appropriations bills-"regular or Bluff, AR, offering a variable rate of 8.5 stead to say they will not pay those supplemental appropriations act[s] or a percent, 8.5 percent at the Simmons high prices and they can switch to joint resolution making continuing ap First National Bank of Arkansas. cheaper cards. propriations." Again, compare that with 19.8 per Such consumer action would be the I deplore the budget deficits, but I cent, those two choices that you can simplest and most direct way to bring submit that the amendment was aimed make. down credit card rates. If card issuers at the wrong target. Appropriation Of course, the consumer has to exam will not compete on the basis of price, bills have not created the deficits. ine more than a card's APR to get a then consumers can exercise their The huge triple-digit, billion-dollar good deal. For people who pay off their right and switch and make them bring deficits first appeared during the early full balances each month, which ac down those prices. years of the first Reagan administra cording to the American Bankers Asso Mr. President, I commend the report tion. They were brought on by the 1981 ciation is roughly 30 percent of those to all of the consumers across this tax cut, the rapid military buildup, and who use credit cards-they do not country who would like to pay less in the explosive growth in entitlement allow any interest to accumulate, un terest than are presently, and I hope and mandatory programs; that is, less, of course, some banks charge in that the media across the country will backdoor spending. terest from the moment of purchase do their readers a favor and publish in These deficits, beginning with the forward-but for those users, low or no very prominent, and clear, available first Ford years, are shown on the annual fee and a reasonable grace pe space the information contained in this chart to my left. This chart indicates riod are more important than a low Fed report. It would be an invaluable the beginning of the plague of triple APR. So if you are shopping, do not service to consumers everywhere. digi t, billion-dollar deficits in 1981 and just look at the annual percentage Mr. President, I yield the floor. their continuance to the present day rates; see whether or not that credit The PRESIDING OFFICER. The Sen and beyond. During the 192 years prior card issuer charges you interest from ator from West Virginia is recognized. to Mr. Reagan's assumption of the the minute you buy the product or the The PRESIDING OFFICER (Mr. Presidency in 1981, there had never service. If they do, and you pay off WELLSTONE). The Senator from West been a triple-digit, billion-dollar defi your monthly balance every month, Virginia is recognized. cit. then you may want to look to those Mr. BYRD. Mr. President, I suggest So, on the chart to my left, begin credit card issuers that provide a grace the absence of a quorum. ning with the first Ford years-and I period, as many do, that allow a 25- or The PRESIDING OFFICER. The am speaking of a fiscal year in this · 30-day period before any interest is clerk will call the roll. sense-the deficit was $70 billion in fis charged. The legislative clerk proceeded to cal year 1976; two digits, but not three What I am suggesting here, Mr. call the roll. digits. President, is that people need to be Mr. BYRD. Mr. President, I ask unan The next year, fiscal year 1977; the good shoppers, smart shoppers. You imous consent that the order for the deficit was $50 billion. In fiscal year need not be doing business with a cred quorum call be rescinded. 1978, the first of the Carter years, the it card company that charges exces The PRESIDING OFFICER. Without deficit was $55 billion. And the next sively high rates. There are choices for objection, it is so ordered. year, it was $38 billion. The next year, people out there. the deficit was $73 billion; the next What this Fed report does, of course, year, the last fiscal year under presi is give consumers a fighting chance, in A LINE-ITEM VETO IN THE CON dent Carter, it was $74 billion. Thus, I my view, to get a lower credit card STITUTION? "IT IS NOT THERE" have shown thus far on the chart, the 2 cost. It does not guarantee that con Mr. BYRD. Mr. President, on Feb Ford years and the 4 Carter years. sumers will get a low-cost card. Obvi ruary 27, the Senate, by a vote of 44 Observers will note that up to and ously, the issuers of such cards are yeas to 54 nays, defeated a motion to through the final fiscal year for which looking for highly creditworthy cus waive a budget act point of order made Mr. Carter was respon.sible, none of the tomers. But it does assure the cus by the able senior Senator from Ten deficits were triple-digit, billion-dollar tomer who is willing to do his or her nessee [Mr. SASSER] against an amend deficits. They were double-digit defi homework the ability to identify the ment cosponsored by Senators MCCAIN cits. But beginning with fiscal year best available credit card plans, simply and COATS, of Arizona and Indiana, re 1982, the first fiscal year for which Mr. and cheaply. spectively. The amendment sought to Reagan was responsible, we saw for the There is more good news for credit "grant legislative line-item veto re first time in the history of this country card customers. According to the scission authority to the President of triple-digit, billion-dollar deficits. Be Nilson Report, the weighted average the United States to reduce the · Fed ginning with fiscal year 1982, the defi APR for consumers had declined from eral budget deficit." cit amounted to $120 billion. It was no 19.04 percent in 1987 to 18.43 percent in I spoke at some length against the longer a double-digit deficit. It was a November 1991. Moreover, profits have granting of item veto and enhanced re triple-digit deficit. declined in recent years from 3.08 per scissions authority to the President, In fiscal year 1983, the deficit was cent of year end outstandings in 1989 to but I anticipate that line-item veto · $208 billion; in fiscal year 1984, the defi 2.59 percent in 1990. proposals, in one form or another, will cit was $186 billion; in fiscal year 1985, Nevertheless, as I indicated earlier, be introduced in the Congress in one the deficit was $222 billion; in fiscal 73 percent of bank credit card holders House or the other from time to time year 1986, the deficit was $238 billion; in are still paying more than 17.99 percent in the future as they have for over a fiscal year 1987, the deficit was $169 bil on balances and, frankly, that is far hundred years in the past. I, therefore, lion; in fiscal year 1988, the deficit was too high. You need not be doing that wish to make some additional com $194 billion; in fiscal year 1989-the last any longer if you just shop wisely. ments on the subject, even though the fiscal year for which Mr. Reagan was Mr. President, my point is a simple Senate has disposed of the matter at responsible-the deficit was $206 bil one. Thanks to this Fed information, least temporarily and for the time lion. which was mandated under the Fair being. I have just particularized the triple Credit and Charge Card Disclosure Act The McCain-Coats amendment's pur digit deficits during the 8 years of the of 1988, which I had the honor of au ported objective-"to reduce the Fed Reagan administration. thoring in this body, and the availabil eral budget deficit"-is a laudable one. In fiscal year 1990, Mr. Bush-that ity of private sector services that pro- I quote that from the amendment to was his first year of direct responsibil- March 17, 1992 CONGRESSIONAL RECORD-SENATE 5829 tions rider, and [then] veto selected "resolu after signing. It does not empower the Presi to discuss for a few moments today the tions" within a bill at his discretion. If Con dent to employ a so-called "line item veto" premise that I first raised on the tax gress plays the game of 'form and name' to and excise or sever provisions of a bill with bill that we passed here last week. I subvert the President, then the President which he disagrees. The only constitu must likewise defend himself. This is the tionally prescribed means for the President don't believe that the tax bill is an eco point of Clause 3." to effectuate his objections to a bill is to nomic growth bill or a jobs bill. Stockslager has nothing to do with the line veto it and to state those objections upon re I raised the proposition that we item veto. The only relevant part of the turning the bill to Congress. The "line item weren't really taxing the wealthy, but court's opinion is that a joint resolution is veto" does not exist in the federal Constitu rather that we were increasing the identical to a bill; each measure must pass tion, and the executive branch cannot bring taxes on those who produce jobs. So my both Houses of Congress and be presented to a de facto "line item veto" into existence by the President for his signature or veto. If he third point will be a discussion of eco promulgating orders to suspend parts of stat nomic growth, meaning more jobs, not signs it, or if his veto is overridden, the joint utes which the President has signed into resolution or bill becomes public law. If the law.4 more taxes. President decides to exercise the veto power, Glazier also insists that the line-item veto But first, before I do that, let me he must veto the entire joint resolution or is justified because Congress as resorted to share some good news since we in the the entire bill. Nothing in the Court's deci passing omnibus bills that erode the Presi Senate and the American people have sion suggests that the President is at liberty dent's regular veto power by "bunching up" been hearing so much bad news about to rummage around inside a joint resolution disparate provisions. In self-defense, Glazier the economy. Here are the details of or bill and strike out offending sections and argues, the President "can unbunch such provisions. Certainly it is a giant step for the most recent assessments of the bills by vetoing line items and riders." Under American economy for the month of Glazier to argue, "by extension," that a recent practice, Congress has dispensed with President can determine that a bill contains the passage of thirteen separate appropria February: "implicit" joint resolutions for each line tions bills. Instead, it rolls them all into a One, housing starts rose at 9.6-per item or appropriations rider, and then veto single continuing resolution. Glazier con cent in February, following a good 6.4- selected joint resolutions within the bill. cludes: "Obviously, today's line item is yes percent rise the previous month. Hous That argument totally garbles the terday's bill, and the President can veto ei ing usually has led America out of re Stockslager decision. ther." Implicit in Glazier's argument is the cessions. I see no reason why they will More indicative of how the courts would belief that the early Congresses passed sepa rule if a President exercised the line-item not this time. And those 2 months, veto are two decisions, one in 1972 and the rate bills for discreet subjects, thereby maxi back to back, are a very good start in other in 1988. With regard to the first, when mizing the President's veto power. A review moving America in the direction of President Nixon signed a military authoriza of the early Congresses, however, shows this belief is incorrect. more jobs, more employment, less un tion bill in 1971 he said that one of the sec employment, and more economic tions (the "Mansfield Amendment" dealing Mr. BYRD. Madam President, I yield growth, rather than less. with Southeast Asia) did not represent the the floor. I thank Senator DOMENIC! Second, the industrial production policy of his administration. He regarded the and others who have been patiently section as "without binding force or effect," index, which measures production, the waiting to speak. activity in our factories-about one thereby exercising item-veto power. A fed Mr. DOMENIC! addressed the Chair. eral court in 1972 rejected his position: "No The PRESIDING OFFICER. The Sen f ourth of the economy-rose at six executive statement denying efficacy to the tenths of 1 percent in February, turn legislation could have either validity or ef ator from New Mexico. Mr. DOMENIC!. Madam President, ing around the downward trend of re fect." Nixon's statement, said the court, was cent months. That does not seem like a "very unfortunate." 2 let me first say to the distinguished The more recent case involved a bill that chairman of the Appropriations Com lot, but just preceding it was a nega President Reagan signed into law on July 18, mittee that whether one agrees with tive 0.9, and now we have a positive 0.6. 1984. In his signing statement, he objected to It will be adjusted later. I assume, from certain provisions as unconstitutional and his arguments or not-obviously, I have not studied this one-I must con what we have been experiencing in the instructed the Attorney General to inform last couple of months, when we get the executive agencies how they should comply gratulate him on the depth of the re with the provisions. The Justice Department search, the eloquence of his thoughts, final statistics, they will be adjusted issued a memorandum declaring that the dis and the reasonableness of what he has up rather than down. pute provision were unconstitutional and laid before the Senate. It is always a The industrial production index nor should not be enforced by the agencies. At privilege to follow Senator BYRD on the mally is the forebearer of industrial torney General William French Smith noti growth and, generally, Madam Presi fied Congress that the Justice Department floor of the Senate. Mr. BYRD. Madam President, I dent, does not go up and down like had instructed agencies not to execute the some of the other indicators. It is a provisions. A month later, an OMB Bulletin thank my distinguished friend, who instructed all agencies to carry out the law possesses one of the brightest minds rather stubborn index, and when it fi as though the challenged provisions were not that I have ever known in my 34 years nally kicks its stubbornness, it usually contained in the statute. in the Senate. He is a fair man and is is sustained good news. When Edwin Meese ill became Attorney Inflation remains low in February General, he announced that the executive a thorough man who studies a matter. We do not always agree, but many three-tenths of 1 percent-for a modest branch would not comply with a district 3112 percent annual, and then add to it court order upholding the provisions, nor times I think he may be right when we even possibly a court of appeals decision. disagree. I thank him again for his last week's news, which was on the side The provisions singled out by President comment. of the consumer, and indicated that re Reagan were upheld by the Third Circuit and tail sales rose 1.3 percent in February the Ninth Circuit. When the Ninth Circuit and 2.1 in January. Those 2 months, decided the case in 1988, the court agreed to THE ECONOMY IS IMPROVING back to back, are the strongest 2 award attorneys' fees to the party challeng Mr. DOMENIC!. Madam President, I months since 1985. That is a pretty ing the administration's action. It did this good indication that we are moving in because it found that the administration had would like to talk with the Senate acted in "bad faith" by intentionally refus today about three things: First, good the right direction. ing to abide by the provisions. a The court ar economic news. Second, what seems to During that same period of time, as gued that President Reagan's choice when this Senator to be a logical course of one might expect from these numbers, receiving the bill in 1984 was to sign it or action based upon the good economic including the industrial production veto it. He had no power to sign the bill into news that we have. Third, I would like index rise, new jobs rose at 164,000 in law and then fail to carry out certain con February. This is about as good an in tested provisions: crease as we have seen since before the Article I, Section 7 does not empower the •Id. at 1124. For the actions in the Third Circuit, President to revise a bill, either before or see Ameron, Inc. v. Anny Corps of Engineers, 6076 F. recession began in 1990. Even though Supp. 962 (D.C.N.J . 1985); Ameron, Inc. v. U.S. Army the unemployment rate went up slight Corps of Engineers, 610F. Supp. 750 (D.C.N.J. 1985); ly, even with the new industrial jobs, 2DeCosta v. Nixon, 55 F.R.D. 145, 146 (E.D.N.Y. 1972). Ameron, Inc. v. U.S. Army Corps of Engineers, 787 F. 2d 3£ear Siegler, Inc .. Energy Products Div. v. Lehman, 875 (3d Cir.); Ameron, Inc. v. U.S. Army Corps of Engi that, historically, is rather appropriate 842 F.2d 1102, 1117- 18 (9th Cir. 1988). neers, 809 F. 2d979 (3d Cir. 1986). and does not negate the positives, but

59-059 0-96 Vol. 138 (Pt. 4) 43 5830 CONGRESSIONAL RECORD-SENATE March 17, 1992 rather is there because the new indus The President could sign it and we thinks the 36-percent tax rate is a bad trial jobs are kicking in slowly, but would add some additional momentum. idea. He knows it will slow down his they are, very assuredly. So I rise to There is no way, Madam President, company's expansion. say things are getting better. that anyone would say we would be Last year, he opened three new I will now address the issue which I harming the economy by passing that. stores, one in the city of Gallup, NM, a am being asked about by my constitu Those who said it will be good if Con part of my State with high employ ents and others: Why is the economy gress does nothing because they are ment. Gallup is near a Navajo Reserva recovering when you have done nothing worried that what we do will be bad for tion with an Indian unemployment in Congress? Well, let me suggest that the economy, none of those .voices will rate of 35 percent. My constituent, the we have regularly, in the past, kidded lend themselves to that accusation if businessman, provided 15 new jobs in ourselves into thinking that we fix the we will just pass those five measures. that new store. Ten of those jobs went economy in the Congress. In fact, we Now they are easy to pay for in terms to Indians, and he is doing this without have a lot of Members thinking that we of neutrality. They require no new any Federal tax incentives. do that. Suffice it to say that we have taxes, and we could tell the American He also opened a store in Colorado not done anything wrong, because we people not only did we not do any Springs, producing 20 new jobs. And have not done anything at all to help harm, we did some good. one in Tucson, AZ, with 20 more jobs. the economy. There are a number of Having said that, I would like now to He has a vision as an entrepreneur. He good thinkers who said even 4, 5, 6 move and talk a bit about my third has. a younger but experienced partner months ago, if Congress does not enact point for the day. who, like himself, is committed to the a tax bill, the people of America win. I want to tell the Senate about one of business. He has a 3-year, a 5-year, and So, thus far, that is the result. my constituents who will be paying the a 10-year plan. He now has 17 stores. From what I have just said, about the new 36-percent tax rate contained in The 10-year plan has a goal of 100 economy- industrial growth starting the Senate Finance Committee bill. stores and 2,000 jobs. In the near future up, housing starts not only starting up This new rate is advocated by almost he is planning to open another store is but increasing at 9.6 percent following all Democrats on that side of the aisle Las Cruces, NM, three in California by a 6-percent-plus growth the month be and their leadership. This friend of the end of the year, absent a retro fore-it seems to this Senator that we mine in New Mexico has a small busi active 16-percent new income tax rate ought to stop politicking. The Demo ness that is expanding. If this bill be imposed on him and his business, 16- cratic tax increase is not going to be comes law the expansion will be slowed percent increase in the taxes if that come law. That bill does not mean down. Instead of expanding at the cur bill becomes law for this entrepreneur more jobs, it means more taxes. Since rent rate, he and his partner will be and businessman and his partner. Each that is the case, and since it is not paying higher taxes and delaying their store is at least 20 new jobs. My con going to become law, we should start investment and job creation. stituent just opened a new head over and pass the incentives that are My idea of economic growth is more quarters office building and warehouse right in line with what the economy is jobs. The other party's idea. of eco in my home city of Albuquerque, and 25 already doing. nomic growth is more taxes. I stated it people were hired to run that new Why do we not pass the $5,000 tax before on the floor; other Republican headquarters and warehouse. credit for first-time home buyers? You Senators stated it. We exchanged infor Mr. President, all of these jobs we are · see, we need to keep that housing mo mation. The Treasury Department talking about are private sector jobs mentum going. with their economic models produced brought to the marketplace by the vi The industrial growth is going up a the statistics. Eighty-nine percent of tality and risk-taking of two business bit. We talked about that. Why not the 36-percent rate increase that was men. This expansion included the pur pass the 15-percent investment tax al supposed to be a rate increase for the chase of high-tech equipment that sup lowance? That is a very stimulative in very wealthy will be paid by people ported some more jobs; several con vestment incentive, suggested by the with small business income. These are struction crews worked on renovating President to go into effect right now to the entrepreneurs who have created 80 the building, an empty food chain encourage businesses to invest in new percent of the new jobs in the last 10 store, more jobs. It was a community equipment of all types. This would years, and they will do it again or we eyesore. It cleaned up the community. push th~t industrial growth up again. will not have sustained economic The carpet company, sign firm, office Madam President, the other side growth. furniture merchants, all benefited from came to the floor with their tax bill The tax increase will be paid out of this expansion, adding a few more jobs and said over and over that they want the wor king capital and retained earn and more economic growth. The ren ed the same thing as the President, ex ings of small job-creating businesses ovation will be the headquarters for a cept-of course, the excepts were very like t he one I am going t o t alk about. healthy business t hat we can be proud big. Leave the "excepts" out, leave the The real bottom line of t he 36-percent of in my State. tax increases out, leave the tax cuts tax rate for small business is t hat Con This constituent projects there will out, and leave the capital gains out. gress thinks the Federal Government be 150 good jobs at the headquarters in Leave the special interest provisions can spend their money better than the the next 3 years. Let me quote: "We out. Pass what I have just discussed, small business person can invest it. I will provide another 150 jobs if the Gov plus the penalty-free withdrawal from honestly doubt it. ernment will just let us. That 36-per IRA's, which encourages home build Now, I will tell you about this pro cent tax rate will make it a lot harder. ing. Pass the passive loss provisions, posed rate increase and how it will af It will slow us down.'' which help the real estate professionals fect this small business in my State. I say to my friend from Oregon, that to keep real estate off the rolls of And if I am able each day until we fi is what we have been saying about new bankruptcies and out of the RTC's nally have a veto and sustain that taxes on small business. They are say portfolio. Passive loss reform would veto, I will tell you about how a rate ing to us: "That 36-percent rate will help stop the flooding of the real estate increase is the wrong thing to do. Each make it a lot harder. It will make us market. It would strengthen the banks. day, I will bring the Senate an example slow down rather than grow." It would make more credit available. of a small businessman or woman in My constituent continued: "You take We should also enact a provision to New Mexico who is going to be ad away the incentive to invest and grow allow pension funds to invest in real es versely affected by the new taxes im if you raise the tax rate. It is tempting tate. This is a long-term way of letting posed. to say stand back and sock the money real estate get more funding. Today I want to talk about this con away instead. Why take the risk?" This is the outline of a five-part tax stituent, who is 73 years old and per He is not the Donald Trump of Albu bill which we could pass here quickly. fectly willing to pay his fair share. He querque. He came there with nothing. March 17, 1992 CONGRESSIONAL RECORD-SENATE 5831 He has never participated in a tax shel JAPAN-BASHING allowed to cloak itself in the name of ter. He has worked for over 30 years in Mr. HATFIELD, Madam President, in saving jobs, no matter how com the western wear business. If you want this election year, there is a distinct plicated our relationship with Japan shirts, boots, pants, belts, scarves, he is unwillingness to enter into thoughtful becomes. the best. If you want your hat blocked discussions on foreign affairs. Witness Do not get me wrong: I am well or steamed, it is the place to go. It is our reluctance to pass a foreign aid au aware of the anti-Americanism of some good quality, great price, fair price. thorization or appropriations bill. And Japanese, as well. I, too, was discour Over the years his philosophy has been specifically, witness the difficulties we aged to hear the remarks of the speak as it is with his new partner, invest and face in gaining approval for two ex er of the Japanese Diet. His remarks reinvest the profits back into the com tremely important causes: The relief were uncalled for, unfair, and most im pany and make it grow. Let the com effort to aid the Commonwealth of portantly, inaccurate. All I have to do munity share by creating jobs. Independent States and the United is look around me to know that Amer That has been the secret, growth and States support for U.N. peacekeeping ican workers are the best in the world. expansion had led to the success of this initiatives worldwide. In Oregon, they have proven this to constituent of mine. It is not what he I feel the American public wants sta be true at, of all places, Fujitsu Amer takes home that puts him in the 36-per bility in the post-cold-war era, but we ica, where after only 2 years of produc cent bracket, it is the share of retained in Congress have done precious little to tion the American subsidiary of that earning in the business that puts him explain how our foreign relationships Japanese company was outproducing in that category. can improve that stability. I fear that its parent-using identical production Three hundred families depend on in a climate of isolationism we will facilities in Portland, OR. this man and his partner for their pay lose the chance of a generation to But the honor of the American work checks every month. But he is worried break the cycle of arms peddling and er aside, it is a fact that our country that if the 36-percent tax rate goes into war. cannot benefit from the current cli effect on his business that he might be One disturbing outgrowth · of this mate of suspicion and anger toward the cash devastated because they are in the turn inward is the tolerance of Japan Japanese. There is much to lose. If middle of this big expansion. bashing. Our Nation of immigrants, the election-year politics and the frustra melting pot of the world, is dan tion and pain caused by the economic He said they will still expand but at recession force us into isolation, then a slower rate. Think about that state gerously close to providing a license to hate. The rhetoric which has been ris we will have missed out on enormous ment. Think about that result. The 36- opportunities for cooperation in the percent bracket will slow the small ing over the past few months is harm ing the Japanese-American community global economy. business down. I call for an end to the indiscriminate The objective of an economic growth within our Nation and threatening our country's economic stability. hostility not simply because I happen bill should be to speed up economic Listen to the Chairman of the U.S. to represent a State which enjoys a growth. The slowing down instead of Civil Rights Commission who recently good trading relationship with Japan. speeding up is one reason the Finance warned us that: It is much deeper than that. I stand Committee tax bill is misdirected and Japan-bashing is on the rise across the Na there today as someone who has seen should not become law. tion, and there are signs that racial animos the American relationship with Japan My constituent and his partner are ities toward Japanese Americans and other turn from bitter enemies to allies and really entrepreneurs. I wish I had a United States residents who trace their ori business partners. I fought against the thousand of them in my little State be gin to many different Asian lands are in Japanese in World War II. I was in the cause his hard work and spirit creates creasing as well. Navy, the branch of our Armed Forces good jobs. If people like him are around The Chairman is warning us that which took the brunt of Japanese ag they make our economy strong. We continued Japan-bashing may result in gression in Pearl Harbor and all over should listen to them, and they say the hate crimes against United States citi the Pacific. I fought at Iwo Jima and 36-percent tax rate is a bad idea. It zens. It already has hurt some Girl Okinawa. And I was at Hiroshima only slows down growth instead of causing Scouts in Los Angeles-through the 1 month after the bomb was dropped. I growth. Growth means jobs. Slower cruel remark of the man who said he know what it is to hate an enemy. growth means less jobs. I will tell you would only buy cookies from American But time should heal the wounds of about another similar constituent to girls. This uncalled for swipe at these war. After that terrible conflict, Japan morrow. young Americans of Japanese descent was given the opportunity to rejoin the I yield the floor. ignored the fact that the troop mem world community. Democracy was es The PRESIDING OFFICER. The Sen bers are no less United States citizens tablished at America's insistence and ator from Oregon. than he. it has taken hold. Our military rela No matter how concerned the people tionship with Japan is firmly in place. Mr. HATFIELD. Madam President, of the United States may be about the And our economies have become inex first I commend my colleague from trade balance with Japan, about the re tricably intertwined. New Mexico, Senator DOMENIC!. He has cession today in our country, or how Certainly the trade and cultural rela givc;m us a very clear and concise anal unfamiliar they may be about Asian tionship with Japan varies State to ysis of the economics of the moment, customs, I refuse to believe that this State, but I want everyone here to the impact of the proposed legislation Nation, the birthplace of freedom, is know about the special relationship be on those economic trends. willing to sacrifice the dignity and tween Oregon and Japan because I Madam President, I have been in the pride of young Girl Scouts or any other think it will help my colleagues under Senate for a number of years in which Japanese-American. Yet today we find stand my perspective on this issue. I have listened to economic analysis oursel ves--we, the keepers of the Bill The first sister city relationship be time after time. But there is no one, in of Rights-on a slippery slope toward tween an American city and a Japanese my opinion, who has a greater skill to racism. city was established between Portland bring to a layman's understanding Whatever role other Senators decide and Sapporo. Tokyo International Uni complex economic forces, trends, and to play in the trade debate with Japan, versity operates a campus adjacent to statistics. I am hopeful that they each will reject my alma mater, Willamette Univer I commend him for his clarity in the current tone. I fear that if we in sity, only two blocks from our State enunciating such subject matter and the Senate and within Government do capitol. Oregon is home to the North for giving us additional hope and ex not set the standard, those who are Pacific Studies Center, to a renowned pectation that we are building toward truly racist will insert their own agen Japanese garden in Portland, and to a an economic recovery. da into the debate. Bigotry cannot be memorial on the waterfront to the Jap- 5832 CONGRESSIONAL RECORD-SENATE March 17, 1992 anese-Americans who were imprisoned gument. Many of my Senate colleagues to show muscle in the boardrooms. Ne by our Government during World War have made that argument. I agree with gotiation of free and fair trade is the II. Now we are building Japanese them. Japan has barriers to United work of Government officials and busi American cultural center in Ontario, States products and those barriers ness leaders, not bigots. Let us refrain OR. This year Portland will host a must be removed. The President's trip from using rhetoric which confuses the week-long observance highlighting the to Japan-which was blindly labeled a two. Our economic health and our loyal trade and cultural ties between our two failure before anyone had a chance to Japanese-Americans are depending on great nations. read the resulting agreements-high us to cool the scorching remarks before Japan is a good customer of Oregon's. lighted some of the problems the Unit it is too late. It is Oregon's largest trading partner, ed States is experiencing with its ex Madam President, I yield the floor. exporting almost 3 billion dollars'. ports to Japan. The PRESIDING OFFICER. The Sen worth of goods to Japan last year. In But our relationship with Japan is ator from Missouri. cluded in that total are the thousands not all bad news. Even though the of Hondas built in the United States by United States trade deficit with Japan SENATOR HATFIELD IS RIGHT American workers, for the Japanese has leveled off at $40 billion dollars, STOP JAPAN BASHING market. International trade represents United States exports to Japan are on nearly one-fifth of my State's GNP. the rise. Progress has been made on Mr. BOND. Madam President, we Those who promote protectionism will several fronts. Negotiations on foreign have just heard a very important and a be in for a surprise when they find that construction led to Japan allowing very thought-provoking message from many of us will not follow their lead. American firms to be eligible for gov our distinguished colleague from Or Oregon, for one, simply cannot afford ernment-financed projects. And the egon. Sometimes when we speak in to do so, and neither can this Nation. continuation of the structural impedi morning business, people tend not to The contribution of Japanese-Ameri ments initiative may lead to changes listen. I hope that all 97 of our col cans in my State is very strong. One which affect the very core of Japanese leagues who are not here, will either family the Naitos, has almost single trading practices, inc1uding the tradi have watched this or see this or read it, handedly revitalized a section of Port tion of keiretsu which encourages ex when they have a chance. I hope it will land, making it into a thriving part of clusive business practices. be carried in the media. I hope it will that city. The largest travel agency is Let us be honest: America's economic be reported as the views of leaders of run by Americans of Japanese descent. hardship was not created by Japan and the U.S. Senate. Many of them are Oregon's best farm it will not be solved by bashing Japan. I believe that Senator HATFIELD has ers. They have names like Teramura, Our trade with that country ought to very appropriately identified a very Ohtani, and Kino. And they have some be barrier-free. But even open markets dangerous practice in the United of the largest and most productive will not guarantee prosperity. Look at States, and that is abusing, downgrad farms· in potato and onion country. I the auto industry. The Big Three's ing, denigrating American citizens be am proud to say they are Oregonians. problems are bigger than trade barriers cause of their national origin. They are Americans. They are success alone. United States auto makers are I had wanted to say something, and I ful and they are loyal. And according challenged by an intensely competitive was going to say something later on. I to the United States Civil Rights Com marketplace and by high overhead. It am here on another matter. But I want mission, they or their relatives may is in our interest to take a look at the to associate myself with the remarks soon find themselves facing the fallout way our Federal laws, guidelines, and that the Senator from Oregon has of the effort to turn Japan into our requirements help or harm American made because I think they are very im enemy for the 1990's. business. Who is responsible for our portant. We do have trade disputes. We One hundred and twenty-three thou competitiveness? Not the Japanese. have to fight hard to make sure we end sand Japanese-Americans became the Not the Germans. We are. unfair trade practices. But we cannot victims of overzealous patriotism and The world of trade is complicated. It do that and we cannot be competitive suspicion during World War II. They requires resolve and deft maneuvering. by discriminating against Japanese were driven from their homes and It requires hard-bargained agreements. American Girl Scouts. That is not forced into internment camps. They And sometimes it takes the threat of what this country is about. left my classroom as fellow students retaliation to get the point across. But Mr. HATFIELD. Thank you. that I had grownup with, the name-calling and finger-pointing are The PRESIDING OFFICER (Mr. Takayamas, the Watanabes, and the hardly the tools of world-class traders. ROCKEFELLER). The Senator from Mis souri is recognized. Tanakas, and I could go naming many Carrying on about the Japan problem Mr. BOND. I thank the Chair. others. Are we prepared to allow a cli ignores our own problems. It is replac (The remarks of Mr . BOND pertaining mate of suspicion t o aga in be created ing leadership with scapegoating. t o the introduction of S. 2361 are lo against our own citizens? I think not, I Leadership is looking beyond country cated in today's RECORD under "Sta te pray not. of origin and recognizing that Japanese ments on Introduced Bills and Joint When I was a young man, the mark ownership of the Seattle Mariners Resolutions.'') ings "made in Japan" meant, more means that the team would finally Mr. BOND. Mr. President, I yield the often than not, that you were looking have an owner who holds a Washington floor and suggest the absence of a at a product in the local five and dime State's driver's license. Leadership is quorum. store. And for those of this generation, studying he successes of the Ford The PRESIDING OFFICER. The there was such a time when we had five Motor Co.-Mazda partnership, the clerk will call the roll. and dime stores. "Made in Japan" was Chrysler-Mitsubishi agreement, or the The legislative clerk proceeded to stamped on inexpensive and simple Textronix-Sony relationship in my own call the roll. items. Not anymore. The symbol State, and finding out how they make Mr. GORTON. Mr. President, I ask "Made in Japan" now stands for superb it work. Leadership is recognizing that unanimous consent that the order for workmanship and technological exper the United States benefits from a the quorum call be rescinded. tise. strong relationship with her trading The PRESIDING OFFICER. Without Japan has reason to be proud of their partners, including Japan. objection, it is so ordered. industrial output. It is the result of The days when America's interests single-minded pursuit of quality and could be furthered by hostile threat are success. over. There is no Commodore Perry to PRACTICAL PROTECTION OF That single-mindedness has resulted send sailing into Tokyo Harbor to open SPECIES in practices which some argue are un up Japan's markets all over again. In Mr. GORTON. Mr. President, last fair. President Bush has made that ar- stead of verbal sabre-rattling we need week the State of Washington took a March 17, 1992 CONGRESSIONAL RECORD-SENATE 5833 drastic measure that will have far the Snake and Columbia Rivers. Any begin here in Congress. This is the time reaching adverse impacts on families, water right that has been issued since to change the law. I will work to jobs, and rural and urban communities the establishment of those minimum amend the act to put the interests of in eastern Washington. Absent any sort flows is junior to the minimum flows people first, coupled with realistic and of deliberative process and without no on the rivers. As a condition of every practical protection of species so that tice, the Washington State Department new water contract, water rights can decisions like this one, that does not of Ecology announced last Friday that be reduced or curtailed if they violate consider people, will not be made in the all water rights applications in the Co in any way either of the rivers' mini future. lumbia River basin filed after Decem mum flow requirements. A moratorium ber 20, 1991, will be suspended indefi on water rights, therefore, is not nec nitely. December 20, 1991, is the day the essary. THE DEATH OF MENACHEM BEGIN: Snake River sockeye salmon was listed Finally, Mr. President, this action A LIFE OF EXAMPLES FOR US as endangered. This action will delay may not have been required by the ALL decisions on new water rights for irri ESA, but it was no doubt taken by the Mr. PRESSLER. Mr. President, gation, public water supply, domestic State in fear of the ESA. It is strik today I rise to mourn the passing of a use, industry and other uses. ingly similar to direct effects of the man of honor and courage. A Nobel I have several quarrels with this deci ESA. It is another example of a law, or Laureate in Peace, some said he was sion. in this case a Government decision, "combative," others "brilliant." No Since petitions to list salmon stocks that fails to balance the interests of matter if inclined to agree with his in the Northwest as endangered or people in a decision to protect views or not, few disagree Menachem threatened were filed in the spring of nonhuman species. This moratorium Begin was a talented and courageous 1990, regional organizations have made implies that the potential effect this leader of a very courageous nation. concerted efforts to develop programs action may have for fish is more impor It was my privilege to meet Mr. which will lead to increasing the tant than the impact it will have on Begin several times over his years of stocks at risk. I support these efforts people. public service, both here in Washington and I firmly believe that regional orga Water turned much of eastern Wash and in Israel. I found him to be a man nizations are most capable and best ington from desert to productive land. dedicated to a cause from which he suited to develop a comprehensive, bio With the passage of the Water Rec ·never wavered. He believed his survival logically sound, and economically real lamation Act in 1902, the Government was a metaphor for the survival of the istic salmon recovery plan. If regional made a promise to provide surface Jewish people. He never deviated from efforts are continued, I expect ·there is water to settlers in the West. Yet this his quest to protect the people of Is a reasonable possibility that a viable, decision by the State implies that the rael, no matter what twists and turns sensible solution may be developed. west, and eastern Washington in par history handed him. But.the State's actions are wholly in ticular, has received enough water, and His last wish was not to be eulogized consistent with this process. The deci that for now economic development at his death, and I will not. I only wish sion to take this action was made any must take a back seat to species pro to use this man's life and accomplish where but in an open, deliberative envi tection. Now, the State says, it is time ments as an example of strength, cour ronment in which consensus prevails. to protect a narrow strain of a geo age, and unflinching dedication to prin Until the decision was announced, graphically distinct stock of fish-at ciple for us all. few ·even knew that the State intended the expense of and to the exclusion of "I survived 10 wars, two World Wars, to take this action. In fact, most State people, jobs, families, and commu Soviet concentration camp, 5 years in legislators, who had just completed nities. It is difficult to estimate the impact the underground as a hunted man, and their work during the legislative ses of this decision. On its face, though, it 26 years in the opposition in the par sion and were still in the State capital, will bring new development in the re liament," Begin once said of himself. were unaware of this decision. Cer gion to a halt. For farmers who hope to He truly was a survivor. His life en tainly, the people this action will im modify their water rights, or for the compassed the birth and maturation of pact most directly had no opportunity company that wants to expand into or the nation of Israel. As a leader of the to comment until after the decision relocate to eastern Washington, the movement for an Israeli homeland, had been made. Department of Ecology's decision man Begin was branded as a terrorist. As a This action does not set a good prece dates an indefinite wait. But how long, result, years after escaping the Nazis, dent for subsequent decisions involving even the State does not know. he found himself imprisoned by the So the State, especially those decisions It is difficult to understand this deci viet Union for his anti-Communist ac t hat the State cah t ake unilaterally. I sion,· especially coming on the heels of tivities. hope that communication with those t he Draonian measures regarding tim Begin was a leader in the fight for affected by decisions of this magnitude ber har vesting t ha t have been imposed the independence of Israel. After win will be better in the fut ure. throughout the Northwest and have ning the fight for Israeli independence, Second, I do not believe that this ac driven many timber communities into he served many years as a virt ual po tion needed to be taken at all. Mr. a 1930's-like depression. The State did litical dissident, on the right wing of President, the Endangered Species Act not need to take this action; it simply Israeli politics. Yet, despite the perceP requires that fairly Draconian meas chose fish over people. tions of his opponents, no one deserves ures be taken to protect species under Everyone I listen to around the State more credit for making progress to its ambit. The resulting impositions supports reasonable efforts to save spe ward peace in the Middle East than are often up.reasonable. We do not need cies from extinction. And in fact, I Begin. Sometimes unpopular at home, State governments unilaterally adding have supported the regional process, Begin worked to cement the peace be to those burdens by taking unneces which, if successful, is likely to result tween his nation and Egypt, changing sary steps to protect species. in somewhat higher power costs, and forever the course of affairs in the Mid No law or Federal action required the some reduction in water for irrigation dle East. State to place a moratorium on water and transportation. But what I oppose But aside from his many accomplish rights. The National Marine Fisheries and what many other people oppose is ments, Begin is best remembered for Service did not ask for this action. In unreasonable and unnecessary steps to the personal qualities he exhibited, fact, I believe, NMFS has been reluc save species at all costs to the exclu qualities which make him a fine exam tantly drawn into this debate as a re sion of any concern for jobs, families, ple to us all. sult of the State's action. and communities. No matter what his opponents said of Mr. President, minimum flows al This year, the ESA expires and de him, none could claim Begin ever com ready have been established on both bate on reauthorizing the law will promised his principles. In all the years 5834 CONGRESSIONAL RECORD-SENATE March 17, 1992 on the edges of Israeli politics, Begin dian American business community Agriculture provides the United never altered the tenets of his politics. and its American and Indian counter States with 16.6 percent of its jobs, 17 Not even during the difficult 1977 elec parts, expanding business opportunities percent of its GNP, and provides Amer tion campaign did Begin steer the mid and creating ties between the private icans and the world with the highest dle road by pandering to the opposition and public sectors. The NIACC will also quality and most reasonable priced to garner votes. This unwavering dedi serve as an advocate for the Indian food and fiber. This great country of cation to party and ideals represents a American business community in pub ours sprouted from the roots of agri challenge for political leaders today. lic arenas. culture and has continued to grow from Many would be well served to follow The NIA CC has planned an ambitious a solid agricultural base. Simply put, Mr. Begin's example. agenda of initiatives to achieve its ob the future of agriculture is the future A humorous man, Begin had the rare jectives. The group intends to imple of America. ability to use his wit to amuse, and to ment national programs to assist in The world economy, including agri help foster an atmosphere conducive to economic development. It will also culture, has become much more inter dialog. His reputation as a hard-nosed work to promote the development of dependent over the last several dec negotiator ensured that the people of Indian American businesses and entre ades. The United States is the world's Israel carried through with their prom preneurs by providing them with tech largest exporter of agricultural prod ise to withdraw from the Sinai penin nical assistance. Another initiative ucts, with 1 out of every 3 acres farmed sula and abided by the Camp David ac aimed at promoting the growth of In for export products. Feed grains ac cords. dian American businesses is a program count for about 33 percent of exports. Some will never agree with the end recognizing the achievements of Indian U.S. exports of high-value agricultural or even the means to which Menachem American businesses and professionals. products, such as red meat and proc Begin dedicated his life. However, no Mr. President, the NIACC will hold essed foods, have grown from 39 percent one can dispute the fact that Begin its first annual convention here in the of U.S. farm trade in 1926-30 to about 51 lived his public life in the manner in Nation's Capital on May 1 and 2, 1992. percent in 1986-88. scribed on the facade of Union Station The organization's talented and hard USDA's analysts estimate that each here on Capitol Hill: "Let all ends thou working president, K.V. Kumar, is put dollar earned from agricultural exports aimst be thy country's, thy God's and ting together an excellent program stimulates another $1.52 of output in Truth's." which will include United States and the U.S. economy. Thus, the $40 billion Indian Government officials, corporate of export sales in 1989 roughly meant executives, and business leaders. I urge an additional $61 billion in support ac NATIONAL INDIAN AMERICAN all my colleagues to participate in the tivities required to produce and trans CHAMBER OF COMMERCE convention and to support the NIACC port products for export. Approxi Mr. PRESSLER. Mr. President, I rise and its various activities. mately 85 percent of this additional today to make my colleagues aware of I commend the leaders of the NIACC economic activity is earned by the non an important new organization of busi for their vision of increased coopera farm sector. In terms of employment, ness leaders, the National Indian tion between the business communities U.S. agricultural exports generated 1.06 American Chamber of Commerce of the United States and India. I wish million full time civilian jobs in 1989. [NIACC]. I am proud to serve as honor them great success in seeing this vision Of these, around 426,000 farm workers--- ary chair of the NIACC. This may be become a reality. 13 percent of the farm labor force the first time you have heard of the were producing for export. NIACC, but I assure you, it will not be Mr. President, this is the week we re NATIONAL AGRICULTURE WEEK, flect and pay homage to those Ameri the last. THE FARMER'S STORY NEEDS TO Almost 100,000 businesses in the Unit cans involved in this country's agricul BE TOLD · tural industry. American farmers and ed States today are owned and/or oper Mr. 'PRESSLER. The wonders of ranchers power today's world, and our ated by Americans of Asian Indian her American agriculture represent a story food and fiber system is the most effi itage. Add to these the thousands of In not told often enough. America's pre cient and productive in the world. dian American entrepreneurs, profes eminence in agriculture is unique and America's strength and backbone can sionals, and executives and you have a unequaled in the world. In no other be found in its agricultural abundance. powerful force in American business. American workplace is there greater Agriculture is this Nation's largest The NIACC was crated to provide a net productivity, cooperation, neighborly industry and employer. Farm assets work linking these individuals, a net concern, creative use of applied total $853 billion, with equity totaling work which, among other things, will science, hard work, and independence $714 billion. Nearly 20 million people promote international trade between than on the farm and ranch. The abil are involved in the process, from grow the United States and India. ity of American farmers to provide ing food and fiber to selling it at the Mr. President, I know firsthand the abundant and high quality food and supermarket. All in all, our food and importance of such a linkage in today's fiber for all our citizens and millions fiber system accounts for 17 percent of world. During a recent visit to India, I throughout the world is a source of this Nation's gross national product. met with numerous business leaders. I great pride. This is why I love to tell One story that puts a human perspec am pleased to report that my meetings the story of the American farmer and tive on all these numbers is that of were marked by a great new enthu rancher-truly a wonder of the modern Burton Ode of Brandon, SD. Burton siasm for better relations with the world. serves on my Agriculture Advisory United States. Orion Samuelson, farm service direc Committee, and has provided me with India's business leaders are anxious tor for WGN Radio and Television, who invaluable advice and counsel through to improve relations between the Unit is heard daily on his syndicated Na out my years in the House and Senate. ed States and India. The increased tional Farm Report, recently was the Burton's farm, purchased by his trade and exchange of ideas that could keynote speaker at my State's first grandfather for $11 an acre in 1887, en result represent exciting new develop Livestock Congress in Brookings, SD. tered its fourth generation when his ments, developments that could great In his address, he stated, "When the son took over management in 1987. The ly benefit both countries. The NIACC final book is written, the true soldiers farm is called Plowville, U.S.A., and it will play a vital role in this process. of peace are not the ones who fire the has a unique place in the history of As I mentioned, the primary mission rockets or guns or drive the tanks. American agriculture. Recently, Farm of the NIACC is to provide a network They are the ones who put food in hun Journal ran an article on the Ode farm, for Indian American businesses and as gry stomachs around the world." He and I ask unanimous consent, Mr. sociations. Its goals in this regard in went further to say that farmers must President, that the article be printed clude promoting trade between the In- work to tell their story. in the RECORD following my remarks. March 17, 1992 CONGRESSIONAL RECORD-SENATE 5835 The PRESIDING OFFICER. Without sadors for the benefit of all of agriculture. hogs and chickens, just because they would objection, it is so ordered. They are asked repeatedly to be hosts to hate to live on a farm and buy eggs. Until re (See exhibit 1.) schoolchildren, foreign guests, politicians cently, they produced beef cattle as well. Mr. PRESSLER. The Ode family and whomever gets a whim to visit a farm or They grow corn, soybeans, oats and hay in from my home county of Minnehaha ranch. And invariably, local radio, television rotation. Ode hasn't participated in the fed has earned its living over the past cen and newspaper reporters call on them to eral farm program since the late 1940s or react to agricultural news. early 1950s. He has sold his crops through his tury from the land and I am sure the Among this fraternity of ambassadors, livestock and grazed his cattle on his own family will continue its successful ag Burton Ode, a retired South Dakota farmer, pasture. ricultural operation throughout the takes the cake. Ode and his wife Dorcas, Three years ago, Ode retired and his son next century. The article indicates Mr. their son and two daughters have been hosts Thomas took over management of the farm. Ode has not participated in the Federal to three future presidents-one of whom even There's still enough work to keep everybody Farm Program since the late 1940's or got stuck in the mud. They have welcomed busy. People with less to do are "unhappier early 1950's. He has made his living in senators, governors, a virtual United Nations because they sit around all winter thinking the marketplace and has endured both of foreign guests and literally thousands the government isn't doing this for me or the more. Ode is a public-spirited conservation- government isn't doing that for me," says the good and the hard times. The Odes ist and community leader, but that's not the Dorcas Ode, who was a social worker before have told me many times they have only reason his farm has been such a mag- she married Burton. many things for which to be thankful. net. His explanation: "We live on a real nice Once when the Odes heard that singer Mr. President, I think America should oil road close to Sioux Falls and 10 minutes Willie Nelson was giving Farm Aid money to be thankful for farm and ranch families from an airport." farmers with not enough to eat, the Odes like Burton and Dorcas . Ode of Bran In 1960, 160,000 people came to their 560_ · looked at their dinner table and noted that don, SD. acre farm for a three-day National Plowing all the food on the table had been produced Mr. President, I recently received a Contest. Both John Kennedy and Richard on their own farm-except the cauliflower. letter from a farm family in Bruce, SD, Nixon, presidential contenders that year, de EXHIBIT 2 that tells yet another story seldom livered their major farm addresses to those thousands of people stopping around on the BRUCE, SD, February 14, 1992. heard here in Washington, DC. Henry Ode farm, named Plowville, U.S.A., for those Senator LARRY PRESSLER, and Barbara Brands began farming in three days. Kennedy had no small talk for Hart Senate Office Building, Washington, DC. Brookings County in eastern South Da his hosts. " I felt Kennedy was out of place DEAR SENATOR PRESSLER: We began farm kota in 1975. The Brands were raised on out here in nowhere," recalls Ode. But Nixon ing in Brookings County in March 1975. Since the farm and they knew what time and and his wife Pat were more friendly. "They we had both grown up on a farm, we knew monetary commitments it would take just came sauntering in." that farming was what we wanted to do. But Lyndon Johnson, who was running for vice we knew we had to have help getting started to begin their operation. The problem and FmHA gave us the help we needed. was they needed financial assistance to president to Kennedy in 1960, preceded Ken In December 1975, we started financing begin farming. nedy and Nixon at the plowing contest. A 3" through FmHA. We just recently "grad As the letter indicates, the Brands rainfall that morning was so heavy that a uated" from FmHA this past December 1991 giant tent where Johnson spoke nearly col and are now with a local bank. went to the Brookings County Farm lapsed after the speech. Two hundred cars ers' Home Administration Office and We have really enjoyed working with the got stuck in the fields, including the one car Brookings County FmHA office these past 16 applied for a loan. That FmHA loan got rying Johnson and his wife Lady Bird. But years. We have had excellent supervisors to the Brands started and they have the sun came out at noon and the plowing work with, and the secretaries in the office worked closely with their local county contest proceeded. were also very helpful, efficient and inform office over the years. The Brands have Johnson was president by the time the ative. graduated from the FmHA program Odes were hosts to the National Cornpicking When we first started with FmHA, they and now finance their operation Contest in 1964. LBJ didn't return, but his helped us set up a budget and showed us how through their local bank. Mr. Presi vice presidential running mate, Hubert Hum to project our income and plan our expenses. phrey, delivered a major farm speech at the We have saved a lot of money in interest dent, I ask unanimous consent that a Ode farm. So did Barry Goldwater, the GOP over the past years during the time when in copy of the letter presenting the suc presidential candidate that year. Both of terest was so high because we were with cess story of Henry and Barbara Brands them were talkative, showing interest and FmHA. also be printed in the RECORD following knowledge about farm issues. We just wanted to let you know that we my remarks. In 1976, Sen. Robert Dole (R., Kan.), who have nothing but praise for the Brookings The PRESIDING OFFICER. Without was the GOP vice presidential running mate County FmHA office as well as FmHA as a objection, it is so ordered. for President Ford, delivered a farm speech whole, and it has been a pleasure working (See exhibit 2.) on Ode's farm. Other visitors have included with them these past 16 years. We hope Mr. PRESSLER. It is the Brands' at least four South Dakota governors and FmHA can continue to help young farmers hope, and mine, that FmHA can con three U.S. senators from South Dakota, in get started in farming as they have helped tinue to help young farmers get started cluding George McGovern, the Democratic us. presidential candidate in 1972. Sincerely, in farming. This st ory shows there is a But the Odes' favorite guest was Charles HENRY G. and BARBARA J. BRANDS. role for t he Governm ent in pr oviding Kuralt of CBS, who spent t he 1986 election assistance to farmers and ranchers Mr. P RESSLER. Mr . President, I night around their kitchen table. The pur not e the absence of a quorum. t hat enables them t o make a living off pose was to beam farm reaction to the rest of The PRESIDING OFFICER. The the land. the nation about the election in which Sen. clerk will call the roll. As I stated before, the wonders of Tom Daschle (D., S.D.) defeated former GOP The legislative clerk proceeded t o American agriculture represent a story Sen. James Abdnor. "We enjoyed Charles Kuralt the most of anyone," says Ode. "He's call the r oll. that is not told often enough. It is a Mr. McCAIN. Mr. President, I ask story of proud Americans doing their just an old shoe." In addition to U.S. network television, the unanimous consent that the order for part in the world's most proficient in Odes are visited frequently by local Sioux the quorum call be rescinded dustry. There are more stories that Falls television stations. They also have rrhe PRESIDING OFFICER. Without need to be told, and I will address some played host to Danish, French and German objection, it is so ordered. of them throughout this week in honor television. They've had young workers on ex Mr. McCAIN. Mr. President, I thank of the American men and women who change programs from the Netherlands, Swe the Chair. I thank him for his patience contribute to the greatest story ever den, Switzerland and Japan. And other late this afternoon. told, American agriculture. guests have come from Syria, South Korea, EXHIBIT 1 Malaysia, Jordan, Kuwait and Venezuela. That doesn't count their own relatives from [From the Farm Journal, December 1991) NEW THREATS FOR OLD: THE OON Sweden and Norway. STANT PROBLEM OF PROLIFERA FARM HOSTS TO THE FAMOUS In this day of specialization, all these (By Sonja Hillgren) guests have seen an atypical farm, which TION Farmers and ranchers who live near cities Ode's grandfather bought in 1887 for $11 an Mr. McCAIN. Mr. President, there are and large airports become unpaid ambas- acre. They have a dairy herd and produce many of my distinguished colleagues 5836 CONGRESSIONAL RECORD-SENATE March 17, 1992 who look at President Bush's defense Iran the ability to strike at every that the threat of proliferation is only program and ask "Where is the major population center in Iraq, at a nuclear threat in view of such ac threat?" There are others who ask why Eastern Turkey, at cities in the CIS tions. the United States should not celebrate like Baku, and at every major target in Syria's efforts to develop weapons of the end of the cold war by cutting its the southern gulf. They give it the mass destruction also cannot be di forces overseas and retreating back to ability to strike at every target in Ku vorced from its conventional threat to its borders. wait, in Bahrain, in Qatar, in the UAE, Israel. Jane's Defense Weekly has just There are a great many reasons why in Saudi Arabia's oil rich Eastern reported that the Czech Government we cannot give up our military Province, and at the populated areas of lied when it said it was halting T-72 de strength or abandon the world, but one upper Oman. liveries to Syria. Germany has just of the key reasons is proliferation. We These missiles, and their chemical or turned back a ship carrying additional are, in many ways, trading new threats biological warheads, will be able to Czech T-72's being sent from Poland to for old. As the Confederation of Inde threaten the populated areas that con Syria. pendent States and the other former trol over 50 percent of all the world's Syria is using money it desperately members of the Soviet Union turn to proven oil reserves. They will be in the needs for economic development to ward peace, democracy, and economic hands of a nation that not only did as double its present inventory of T-72's. development, other nations are turning much to prolong the Iran-Iraq war as It is doing so in a way that it will give toward biological, chemical, and nu Saddam Hussein, but which showed its first-line combat units near the clear weapons. that threats to strike at southern gulf Golan late model T-72's that are far THE FUTURE THREAT FROM IRAQ states are not theoretical. more effective in attacking Israeli As Secretary Cheney has warned the It was Iran, after all, that tried to at forces. In fact, the only scenario where world today, the threat posed by Iraq is tack tankers throughout the gulf dur these T-72's would be useful would be not over. We must not confuse the ing the Iran-Iraq war, that bombed Ku in a surprise attack on Israel, or one in United Nations very real progress in wait, that bombed targets in the UAE, which Israel could not successfully mo reducing Iraq's capabilities, or our and that forced Saudi Arabia to shoot bilize. progress in arms control, with an end down its attacking fighters. Syria lacks the conventional air to the problem of proliferation. THE FUTURE THREAT FROM SYRIA power to make a surprise attack suc Robert Gates, the Director of Central ceed in the face of Israeli airpower, and Intelligence, has been warning us since The same missiles that have just been delivered to Iran have already now must fear Israel's mobilization January that once the United Nations system. The only way in which this leaves, Iraq could start work on bio been delivered to Syria. There are logical weapons in a matter of weeks, similar reports that North Korea is equation can change is if Syria takes will probably be able to renew the pro providing the equipment to manufac the risk of tying such a surprise attack duction of chemical weapons in a mat ture these missiles and their launchers. to the threat of using its missiles or to ter of months, and will be able to re Syria already has regular Scud mis their actual use on Israeli air bases and build much of its nuclear technology in siles with chemical warheads targeted mobilization assembly areas. a matter of a few years. on Israel. It has chemical bombs that We cannot confuse the fact that can be delivered by its Su-25's and Mig- Syria talks of peace with the fact it THEFUTURETHREATFROMIRAN arms for war. We face a similar threat from Iran. 23's, and probably has chemical artil Last week, we saw a North Korean ship lery shells and rockets. THE FUTURE THREAT FROM LIBYA deliver North Korean missiles to Iran, The new North Korean missiles, how I do not want to glorify Colonel Qa and possibly the equipment to manu ever, will give Syria a missile with far dhafi. I think we often distract the facture or assemble such missiles in greater range-payload characteristics. world's attention from the fact that Iran. They will allow it to cover more of Is the chief result of his massive military These missiles are a major redesign rael, they will allow Syria to disperse buildup has been to steadily lower the of the Scud missile. They have a range its launchers over a much wider area living standards of his own people, and of over 500 kilometers, a payload of at and make them less vulnerable, and that his actions have killed far more least 500 kilograms, and greatly im they will allow it to deliver more Arabs and Moslems than Westerners or proved reliability and accuracy in com chemical agents. Israelis.· parison with Iraq's relatively crude These missile deliveries also raise The colonel is, however, still produc conversions of the Scud B missile. new questions about Syria's biological ing chemical weapons. He has at least Their performance capabilities, how weapons efforts. Israeli experts believe 100 tons stockpiled and a new chemical ever, are only part of the story. that Syria has at least two biological warfare plant in construction. He has While the world's attention has been weapons research and production fa Su-24 strike aircraft that are roughly focused on Iraq, Iran has also pursued cilities and is capable of producing at equivalent to our F-lll's, and he can the path of mass destruction. It has least one active biological agent and refuel them. continued to expand its production of one toxin. The details of this effort are He has spent his entire time in power chemical weapons and integrate them far from clear, as is Syria's success in being a threat to his own people and into its armed forces with only passing tailoring highly lethal agents, develop the Arab world, and no one can dismiss notice. It has almost certainly devel ing effective missile warheads and the fact that he remains a potential oped biological weapons to the same bombs, and developing the complex threat to Tunisia, Egypt, Israel, and level of technical sophistication as targeting and metrological systems the West. Iraq. It has actively pursued the nu necessary to use biological weapons THE FUTURE THREAT FROM ALGERIA clear weapons development effort with maximum lethality. Like Libya, the Algerian Govern begun under the Shah, and there have It should be noted, however, that bio ment has so far been much more of a been many unconfirmed reports that toxins can theoretically be up to 100 threat to its own people than to other Iran is seeking nuclear materials or times more lethal than the most lethal nations. Algeria's socialist military weapons from the U.S.S.R. form of nerve gas, and that relatively junta has spent vast amounts of money The missiles Iran has. bought from limited amounts of biological agents on a conventional military buildup North Korea have no value as conven can achieve many of the same killing that has not been justified by any real tional weapons, except as terror weap effects as small nuclear weapons. world military threats and at a time ons against large cities. They have no It may be a decade before Syria when it has mismanaged every other purpose other than the delivery of reaches this level of effectiveness, but aspect of the Algerian economy. weapons of mass destruction. it will almost certainly reach it if it It is not certain that this same junta Like Iran's purchases of Su- 24's from continues down the path it is now pur has initiated a major nuclear weapons the Soviet Union, the new missiles give suing. No one should have the illusion effort, but the argument that a gas and March 17, 1992 CONGRESSIONAL RECORD-SENATE 5837 oil rich-and cash-starved-Algeria Good intentions, however, require a eluding tons of plutonium from spent Soviet needs nuclear powerplants is absurd. It partner to become effective. The world reactor fuel and perhaps even uranium-proc is far more likely that the PRC-sup is only safe when good intentions are essing technology from Central Asian repub plied nuclear reactor at Ain Oussera is lics, reach the black market. The West's at- supported by strength, and there is no . tempt to prevent the spread of nuclear weap the first step in a nuclear weapons pro reliable source of strength other than ons, based on the premise that a combina gram. the United States. There is also no tion of secrecy, export controls and inspec THE FUTURE THREAT FROM OTHER NATIONS practical prospect that our allies will tions of civilian nuclear reactors could Mr. President, I have focused on the contribute more than limited forces thwart the world's nuclear wannabes, has Middle East because I do not have time and money for at least a decade to failed, and a new and much more dangerous today to focus on all the threats posed come. era of nuclear proliferation has begun. by proliferation. Nor, on the other very While Britain and France have been LOST OPPORTUNITY real threats to peace and the United our allies in many critical peacekeep U.S. officials privately concede that the States. I do, however, want to remind ing and peacemaking efforts, they are system has failed-and that America blew an my colleagues that other threats exist: already doing as much as they are like important opportunity to strengthen it after We face the day-to-day reality that ly to do, and their power projection the gulf war. "We should have pointed to the turmoil in the former Soviet repub forces may shrink. Germany and Japan Iraq as proof positive that the system lics may lead to the transfer of weap are paralyzed in the effort to contrib doesn't work and that something much more ons systems, equipment, or technology aggressive must be in place-an assertive ute even token forces. nonproliferation policy instead of the pas for biological, nuclear, and chemical This is why, Mr. President, I urge my sive one we have now," admits a senior U.S. weapons to the developing world. We colleagues to think long and hard official. face an equal threat of the transfer of about the threats I have outlined · Now America and its allies may be facing more long-range delivery systems-in today. I also urge them to remember a painful choice: Either use military force to fact, Su-24's are now being transferred that if some of these threats are uncer prevent North Korea and others from going to Iran. We also face the reality that tain, or may take 5 to 10 years to be nuclear, or learn to live in a world in which this turmoil is not likely to have a sta come realities, it also takes that long nearly every nation that wants nuclear ble and predictable outcome for at weapons has them. U.S. officials fear that a to shape effective U.S. power projec North Korean bomb could destabilize all of least the next decade. tion forces. Northeast Asia, triggering a nuclear arms There are two recent articles in the Further, we have only begun to fund race that could bring South Korea, Japan Economist and United States News and the kind of defense capabilities our and Taiwan into the nuclear club as well. A World Report that outline this threat power projection forces will need to de white paper issued by the South Korean De in depth Mr. President, and I ask unan fend against even today's threats from fense Ministry last autumn ominously imous consent that they are included biological and chemical weapons, and warned that North Korea's bomb program in the RECORD after my statement. "must be stopped at any cost." long range missiles. But it would be much harder to muster al The PRESIDING OFFICER. Without I believe that President Bush's base objection, it is so ordered. lies for an attack on North Korea than it was (See exhibit 1.) force concept is a sound foundation for to round up support for driving Saddam Hus Mr. McCAIN. India and Pakistan are the power projection strategy we need sein out of Kuwait. A commando raid, a nuclear powers. Senior U.S. intel for the future, as we trade new threats cruise missile attack or a Stealth bomber ligence officers have said they have for old. ·I believe that President Bush raid on the North's nuclear installations chemical weapons, they probably have has already cut the fiscal year 1993 could trigger another Korean war. In addi budget as much as it should be cut. tion to its million-man Army, North Korea biological weapons, and they are ac has thousands of artillery pieces and hun tively developing their own missiles I also believe that if we rush down dreds of Scud missile launchers lined up just and seeking missile technology from the slope to weakness, we will make ef across the demilitarized zone-well within other states. fective arms control impossible. Worse, range of Seoul, just 35 miles away. Japan For all of its willingness to discuss we will pay the price that democracies would be likely to oppose the use of bases on nuclear safeguards, North Korea's nu have always paid for expediency and its soil for such a mission; using them any clear weapons facility at Yongbyon has moral and ethical weakness. We will way could jeopardize the U.S.-Japan Secu not been dismantled or subject to any pay in blood tomorrow for the money rity Treaty and magnify the growing ten we save today. sions between Washington and Tokyo. "We'd inspection. North Korea almost cer like to see a political solution to this," says tainly has a massive capability to man EXHIBIT 1 U.S. Under Secretary of Defense Paul ufacture and deliver chemical and bio- · [From U.S. News & World Report, Mar. 16, Wolfowitz. "It's not the time to start dis logical weapons. 1992) cussing military options. But we haven't The People's Republic of China is a THE NUCLEAR EPIDEMIC ruled anything out." threat to world peace. In its search for (By Carla Anne Robbins) THE WRONG DOOR hard currency, it has helped Iran in its Don't blame it on penurious Russian physi North Korea's approach to building the nuclear weapons effort, has helped Al cists selling their souls for 5,000 rubles and a bomb is a case study of how a determined geria in its nuclear weapons effort, and Big Mac, or on accommodating German trad country can evade international controls- has marketed missile technology ing companies that are only too happy to and without much outside help, either. The throughout the developing world. ship sensitive electronic triggers under the primary aim of the nuclear safeguards re ARMS CONTROL AND POWER PROJECTION: label "automobile parts." gime, first developed in the 1950s, was to let PARTNERS IN AN ERA OF NEW THREATS The North Koreans, who CIA Director Rob developing countries have commercial nu Mr. President, I do not wish to sug ert Gates recently warned may be only a few clear-power plants without allowing their gest for a moment that the only way to months away from building an atomic bomb, byproducts to be funneled into bombs. did it all by themselves. Saddam Hussein's As a result, almost all of the International deal with these threats is to maintain Iraq got much closer to the bomb than any Atomic Energy Agency's inspection and and forward deploy U.S. military one realized. And if the North Koreans and monitoring efforts are devoted to keeping forces. I believe that arms control 'will the Iraqis can do it, anyone can do it. tabs on the uranium fuel that's fed into nu play a critical role in helping to limit "Things that were very difficult for the clear-power plants and on the plutonium such threats. smartest people in 1943 are easy for ordinary containing waste that comes out of them. In I believe in international action like people now," says Richard Garwin, a physi spectors attach seals to the reactor vessel of that of the U.N. Coalition and Inter cist at IBM's Thomas J. Watson Research a power plant after fuel is loaded or install national Atomic Energy Agency. I be Center and a former nuclear-weapons de cameras to monitor the cooling pools where lieve we must strengthen the missile signer. spent fuel rods are kept after being removed At the same time, the collapse of the Rus from a reactor~ The safeguards regime did technology control regime, the Nuclear sian economy is unleashing a flood of ura not anticipate that instead of trying to di Nonproliferation Treaty and Biological nium ore and other nuclear materials onto vert nuclear raw materials from power Weapons Convention, and ratify the world markets: it may be only a matter of plants bought from abroad, even techno Chemical Weapons Convention. time before more dangerous products, in- logically primitive countries such as North 5838 CONGRESSIONAL RECORD-SENATE March 17, 1992 Korea might simply build their own, com begin a fraction of a second too soon-mak ed to enrich uranium or reprocess pluto plete nuclear infrastructures-in effect, re ing a whimper instead of a bang. To over nium, as well as to weapons-grade materials producing the Manhattan Project. come this problem, a bomb has to be de themselves. Once a nation has the ab111ty to In fact, every country that has built a signed so the conventional explosives that manufacture its own highly enriched ura bomb or even come close has done it the squeeze the plutonium together to create a nium or plutonium, no inspection regime is same way-not by hijacking the operations critical mass do their job much more quick worth very much. It takes only a few weeks of a civ111an reactor but by building a dedi ly, an extremely difficult technical chal to make plutonium from a sealed and mon cated bomb-making complex. That means lenge. "But if your whole thing is oriented to itored storage depot into a nuclear bomb. Ar the IAEA safeguards are largely focused in production of the bomb, you avoid some of gentina, Brazil, Pakistan, India, Israel and the wrong direction. the headaches," says Leonard Spector, an ex South Africa all have declared or undeclared The hardest part of building a bomb is ob pert on nuclear proliferation at the Carnegie reprocessing or enrichment plants in oper taining· plutonium or highly enriched ura Endowment for International Peace. ation. "Good intentions in peaceful times nium to fuel the explosive chain reaction. The obstacles that secrecy and technical last for years: plutonium lasts forever once Neither substance exists in nature. Pluto backwardness once presented to the world's it's separated into weapons-usable form," nium is formed when uranium fuel is would-be bomb makers have largely van says Paul Leventhal of the private Nuclear bombarded by neutrons inside a nuclear re ished, too. Perfectly legal assistance has pro Control Institute. actor; it must be extracted from the spent vided countries such as North Korea with a China continues to provide legal nuclear fuel, a step called reprocessing. Highly en cadre of skilled technicians. Technicians assistance to Iran, Algeria and Pakistan, in riched uranium made in an industrial proc from the former Soviet Union are working in sisting that the technology will be used only ess that selectively concentrates the isotope Libya and Algeria. North Korea even re for "peaceful" purposes; it rejected as "to uranium-235 from 1 percent or less-its abun ceived technical aid from the IAEA in ura tally groundless" charges that a 15-mega- . dance in natural uranium ore-to the 20 per nium mining and assaying, and had reactor watt research reactor it provided Algeria cent, or ideally 90 percent, that is required operators trained by the Soviet Union as could be used to make nuclear fuel for weap for a nuclear explosive. part of an IAEA-sanctioned deal during the ons. But the reactor, which Algeria agreed North Korea picked the plutonium route, 1960s in which the Soviets provided a small, only last week to place under IAEA safe which meant it needed a nuclear reactor safeguarded research reactor at Yongbyon, guards, is in theory capable of producing 12 IAEA rules control the sale of reactors, as the site of North Korea's burgeoning nuclear pounds of plutonium a year, almost enough well as the hard-to-come-by materials need complex. for one bomb. "At the center of the hub, ed to fuel and operate most power-producing Even designing a nuclear weapon, once the again and again we see China," says one top reactors; low-enriched uranium fuel, which is most closely guarded of secrets, is now not a U.S. official. "This is the kind of network needed for the water-cooled reactors typical terribly difficult task for a physicist any which we really have no control of." U.S. of in the United States and Europe, and heavy where. "What's classified today is how to ficials fear that Algeria and Iran, following water (a combination of deuterium-a heavy build a good weapon," says Golay, "not how North Korea's lead, could use such legal help isotope of hydrogen-and oxygen), which is to build a weapon." Mathematical problems to build up indigenous nuclear weapons pro needed for reactors fueled by more easily ob that challenged some of the best minds in grams. tainable natural, unenriched uranium. the world during the Manhattan Project can In the case of North Korea, U.S. officials The North Koreans sidestepped these ob now be solved on a personal computer. are especially worried that Pyongyang may stacles entirely. The design they chose went What's more, not all the best minds in the continue its foot dragging on allowing IAEA back to the dawn of the nuclear age. It uses world are in the West anymore. Citizens of inspections just long enough to reprocess a natural uranium fuel and, in place of heavy Taiwan, South Korea and India, for example, couple of bombs' worth of plutonium, which water, graphite-which North Korea has in account for more than 2,600 of the science it could then hide-or sell to the highest bid abundance." The first reactor, which we and engineering Ph.D. 's awarded annually by der. built at the University of Chicago football American universities. But if the North Koreans try to peddle plu field, was a graphite reactor, notes Michael The United States has been pressing its al tonium, they could face stiff competition. Golay, a professor of nuclear engineering at lies and the IAEA to tighten up export con Russia has recovered at least 20 tons of plu MIT. "It was built by stacking blocks [of trols and inspection procedures to eliminate tonium from power reactors, in addition to graphite]" on a wooden scaffold. North the kind of loopholes that North Korea ex military stockpiles of 115 tons of plutonium Korea, like just about every country in the ploited. All the major nuclear nations-with and 500 tons of highly enriched uranium, all world, also has its own source of uranium the notable exception of China-have now of which the government is eager to sell as ore. agreed that they will not sell any nuclear reactor fuel. The North Korean reactor, completed in technology to a nation that refuses to open PEACEFUL USES? 1987, is tiny by commercial standards, with a all its facilities to IAEA inspection-so "It could conceivably be sold to companies power output of 30 megawatts compared with called full-scope safeguards. Under the non and consumers, as can any other valuable 1,000 megawatts for a typical electric power proliferation treaty, the only obligation of a commodity. Hopefully it will be useful in a plant. Yet it can produce at least 20 pounds supplier nation is. that the particular plant beneficial method," says Boris Nikipelov, of plutonium a year-more than enough to or material it sells be placed under safe first deputy minister of Russia's Ministry of build one nuclear weapon. guards. That loophole allowed Pakistan. Atomic Power and Industry. "We see no "If you're in a weapons program, you don't India. Algeria and Israel, non of which have technical or political restrictions against want to tie in to your electric power system; signed the treaty, to receive nuclear help utilizing the materials." The fact that they you want a reactor that's especially for that from abroad while pursuing nuclear-weapons have a market value of close to Sl billion is purpose," says A. David Rossin, a nuclear en programs at uninspected sites. no doubt a factor, too. The Soviet Union sold gineer and a former U.S. assistant secretary Germany, embarrassed by the prominent 12 million pounds of uranium in the United of energy. Trying to divert plutonium from a role played by German companies in the States last year, worth SllO million, nearly power reactor presents a host of technical legal, quasi-legal and blatantly illegal sales 30 percent of the entire U.S. consumption; hurdles. Fuel in a power reactor is left in the of nuclear technology to Pakistan, Iraq and Russian shipments reached as much as 5 mil core for a long time to maximize energy pro other proliferators, has recently tightened lion pounds in the first month of 1992 alone. duction; that makes it highly radioactive its export controls. An a new IAEA policy American uranium producers have filed an and hard to handle. Then it has to be reproc announced late last month has affirmed the antidumping suit against the Russian sales. essed by remote control behind heavy shield- agency's right to conduct inspections at The plutonium trade, meanwhile, is get ing. · undeclared facilities in countries that have ting a boost from Japan, which is reprocess Moreover, long irradiation leads to unde signed the treaty or otherwise accepted full ing reactor fuel in France and Britain, and sirable nuclear reactions that complicate the safeguards. Such inspections might have de plans this year to ship a ton of plutonium bomb maker's task. When the neutrons pro tected Iraq's clandestine nuclear program, aboard a freighter escorted by a single Japa duced in a nuclear reactor strike uranium- for example, and may be invoked soon in an nese patrol boat armed with a light cannon 238--the abundant and otherwise IAEA demand to see North Korea's and machine guns. Japan plans to reprocess uninteresting isotope of natural uranium-it undeclared production reactor and reprocess a total of 100 tons of plutonium over the next is converted to plutonium-239, the stuff that ing plant. 20 years. bombs are made of. But in subsequent reac But with the equivalent of only 40 full "You have an impossible task of account tions the Pu-239 can in turn capture more time inspectors to cover 1,000 declared nu ing for it all," says Leventhal, "and ensuring neutrons itself, forming Pu-240 and -241. clear installations, the IAEA has its hands that the 15 pounds you need to blow up a city These isotopes not only are highly radio full already. And what especially concerns doesn't fall into the wrong hands" through active, but because they tend to undergo nu many nuclear experts is the increasing ease theft, terrorism, or black-market sales. clear fission spontaneously, they can cause with which a determined nation can gain di Leventhal argues that a global ban on the the nuclear chain reaction of a bomb to rect access to the critical technologies need- production of weapons-grade material would March 17, 1992 CONGRESSIONAL RECORD-SENATE 5839 shut this door. "We haven't produced any The breakup of the world's other super friendly governments are involved. And in plutonium for two or three years because our power~ poses the biggest proliferation threat Russia, especially, the United States may production reactors are all unsafe or bro facing the world today. "We're not just talk quickly find its nonproliferation goals collid ken," adds physicist Richard Garwin, "and ing about Pakistan putting [a bomb] to ing with its desire for good relations with we haven't produced any highly enriched gether," says a senior official. "The scale Yeltsin. Washington has pointedly looked uranium since 1964," The only remaining use here is just tremendous." the other way while China, Germany, France the United States has for HEU is as fuel for In recent months, U.S. analysts have been and others have sold nuclear technology reactors in ships and submarines, a demand deluged with reports of shopping expeditions around the globe. Garwin says could easily be met from the to Russia, Kazakhstan and other former re The United States is also offering legal and U.S. stockpile of 500 tons. Russia says it no publics by delegations from Iraq, Libya and technical advice to help republic leaders set longer makes HEU and will stop plutonium Iran and other nuclear wannabes. Cash up workable export controls as well as the production by 2000. starved republican governments, and perhaps computer hardware and software to keep But it is unclear whether France and Brit even some military officers, are already try track of their uranium and plutonium. And ain, eyeing lucrative Japanese reprocessing ing to sell off conventional weapons. The while the White House was less than enthu contracts, would go along. And even some arms-control office at the Russian Foreign siastic last November when Congress reallo U.S. officials, while acknowledging that the Ministry, for instance, is reorganizing itself cated $400 million in defense funds to help nation no longer needs to produce weapons to begin selling arms for hard currency. So is dismantle Soviet nuclear weapons, it has grade material, are apathetic about a ban on the Russian military's general staff, says one since embraced the plan. So far, however, it the production of weapons-grade nuclear U.S. arms-control expert. Other parts of the has pledged only a fraction of the funds al fuel. "I don't believe that I see any downside Russian government are considering selling lotted, and spent none of them. "We haven't to it," says Everet Beckner, an official at nuclear and chemical materials for peaceful got one dollar," complains Russia's new min the U.S. Department of Energy who works on ·purposes, such as servicing electric power ister of atomic energy, Viktor Mikhailov, a defense programs, "but there are more im plants or making fertilizer. Chetek supporter. portant problems to consider." BULLETPROOF BLANKETS In any event, nuclear experts are virtually JOBS, JOBS, JOBS unanimous in believing that no "technical So far, the U.S. intelligence community In February, the United States pledged $25 fix" alone can do the job. "It's effectively has not confirmed any leakage of sensitive million to help finance an international impossible to keep the lid on," says MIT's nuclear, chemical or biological weapons-or science and technology center that will em Golay. "The only way you're going to con the know-how or materiel needed to make ploy several thousand top nuclear scientists trol these things is to make them them. "But absence of evidence doesn't nec and engineers who are the No. 1 targets for a uninteresting." Unfortunately, some of the essarily mean evidence of absence," warns brain drain. The United States also has most unsavory regimes in the world are just the top official, who admits that American promised 25 terrorist-proof railroad cars, bul now discovering that their motives and their monitoring of the chaos in the former Soviet letproof blankets and specialized containers opportunities for going nuclear are converg Union is extraordinarily difficult. to protect nuclear weapons and transport ing. The Bush administration is confident that them to dismantling sites. Russian President Boris Yeltsin, who re Is this enough, and will it arrive in time? [From U.S. News & World Report, Mar. 16, cently authorized special pay and privileges Government and private experts give the ad . 1992) for nuclear scientists, is committed to con ministration high marks for the scientific center-if it gets started quickly. Evgeny N. THE X FACTOR IN THE PROLIFERATION GAME trolling proliferation. But how much of his country's vast military-industrial complex Avrorin, chief scientist at Chelyabinsk-70 (By Carla Anne Robbins) (Russia's Los Alamos), says his scientists For the right price almost anything is does Yeltsin control? And how long will that control last if the economic situation con will stay where they are-so long as their available in the former Soviet Union these families aren't starving. "Would I sell my days, including your own underground nu tinues to deteriorate? U.S. officials are not sure they can answer those questions. services to a Third World country?" he says. clear explosion. Or so claims the Inter American officials remain confident that "Ask again in six months." U.S., Japanese national Chetek Corp., a shadowy private Russia can corral and control the former So and European officials will meet this week company with strong ties to the Russian nu viet Union's nuclear weapons (see box), but to work out the details of the center. clear establishment and foreign representa they are fearful that thousands of once Critics worry that the administration is tives in Hamburg and Montreal. moving too slowly on nearly every front. The In several slickly written brochures, cosseted and now desperately underpaid nu clear scientists and engineers can be wooed railroad cars may not be delivered before Chetek-the name is an acronym from the early summer, when all the tactical nuclear Russian words for man, technology, and cap with cash. U.S. officials also say that the re publics have almost no accounting system weapons are supposed to be back in Russia. ital-is promoting the explosions as a "guar Far more important, the administration has anteed and ecologically pure" way to dispose for their weapons-grade materials-tons of highly enriched uranium and plutonium that not reached an agreement on how to help fi of toxic wastes, chemical weapons and nu rtance and accelerate the dismantling of nu clear warheads. Last May, Chetek was grant are the explosive components of a nuclear bomb-which could be siphoned off without clear and chemical weapons and the storage ed exclusive commercial rights to market of weapons-grade material. the nuclear services of the then Soviet Min anyone knowing. "They don't appear to know what they have," says a senior official. Much of the fault lies with the Russians, istry of Atomic Power and Industry. In De who have been slow to respond to American cember, the plan was publicly endorsed by Andrei Kokoshin, the leading contender for the new position of Russian defense minister, requests for meetings and chary of American Viktor Mikhailov, now the head of the new offers of collaboration in the dismantling Russian Ministry of Atomic Energy. told U.S. News last week that control over Russian's huge stock of weapons-grade mate process. Russia's military chiefs would clear Mikhailov, four other top nuclear officials ly like the money, but they are balking at and Maj. Gen. Alexei Leonov, the first Soviet rial "disappeared for several months" while power was transferred from the defunct So giving U.S. experts free run of their disman cosmonaut to walk in space, appeared the tling sites or the blueprints for their weap same month at a Chetek dinner in Moscow viet government to Russia. Even under the best of circumstances, ons. So far, the Americans are not pressing for U.S. environmentalists from the Natural them. Resources Defense Council. some leakage will be unavoidable, officials in both Russia and the United States concede. A blunt nuclear chief Mikhailov told U.S. It is not clear who is really behind Chetek. News that he won't accept congressional de Its president describes his backers, improb "We're not going to be able to have a commissar present in every unit," says a top mands that American technical experts "su ably, as "Russian millionaires" while others pervise" the dismantling process or that lim believe Chetek is a front for either American official. The goal instead, officials say, is to prevent wholesale hemorrhaging. its be placed on future Russian military in Mikhailov's atomic energy ministry or its vestments. "When I met Yeltsin recently, I senior staff. No one knows whether Chetek The Bush administration has mounted an aggressive diplomatic effort, linking Amer told him 'If [these conditions] really exist, can deliver what it promises. But American not only on paper, we cannot accept them,'" officials found the company's sales pitch ican recognition and aid to the former repub troubling enough to pursue the matter with lics to acceptable antiproliferation behavior. says Mikhailov. "I was told the conditions the Yeltsin government. "The Russians say: "We may be willing to look the other way on are more important for Bush's election ... 'This is a private company. To do what they some issues, say a less-than-rigid definition and they have nothing to do with us." In intend to do, they need one of our nukes and of democracy or a free market," says one fact, Congress has asked oniy for American we're not inclined to give them one.'" says a aide close to the negotiations. "But on nu verification of weapons destruction, not su senior official who finds the Chetek affair clear thing the message never wavers." pervision, and for limiting military mod "worrisome." Adds another top aide: Keeping up the pressure may not be easy. ernization to defensive requirements. "There's a certain Wild West capitalism out however. Judging from recent experiences NEW BUSINESSES there. We're just not certain what's for sale with Pakistan and China, monitoring com But Washington must also shoulder part of or who's selling it." pliance is at best problematic-even when the blame for the slow start toward heading 5840 CONGRESSIONAL RECORD-SENATE March 17, 1992 off a proliferation nightmare. Critics say the Elaborate schemes are being concocted with DIMONA ET AL. State Department, which has been running western cash to provide new work, and thus Proliferation has suited Israel. Its the program, has been relying on traditional to preserve scientists from temptation by se undeclared nuclear arsenal, put by outsiders arms-control negotiators who are only com cret bomb-builders, such as Libya and Iran. anywhere between 60 and 300 warheads, is fortable dealing with the highest levels of an Then there is the problem of what to do thought to have dissuaded the Iraqis from extremely disorganized Russian government. with the 100-150 tonnes of weapons-grade plu using chemical weapons in last year's Scud A U.S. technical team is now in the former tonium, and the 500-700 tonnes of highly en bombardment of Israeli cities. But Israel's Soviet Union, and State Department offi riched uranium (some of it now in weapons), nuclear monopoly is threatened from oppo cials expect to reach a series of agreements thought to have been produced by the Soviet site directions: from potential enemies who before Russian President Boris Yeltsin visits nuclear-weapons industry over the past 40 want to go nuclear too, and from George Washington in mid-June. years. Both are valuable commodities. A Bush, who has made eliminating such weap Perhaps the most disturbing develop small amount of uranium (probably ex-So ons one of his chief aims for the post-war ment-and one that the United States hasn't viet, and unsuitable for a weapon) was dis Middle East. publicly acknowledged-is the sudden ap covered recently in the boot of a car in Ger Although the United Nations suspects that pearance of a host of new commercial enter many. Iraq may still be hiding an underground re prises, such as Chetek, with friends in high In the past the Soviet Union accounted for actor and some enriched uranium, much of places and ambitious moneymaking about half the world's uranium reserves the Iraqi programme has clearly been de schemes. Chetek may now be negotiating a (chiefly in Russia, Kazakhstan and stroyed. Attention is now switching to Iran deal with South Korean officials to store Uzbekistan) and 20-35 percent of its enrich and Algeria. spent nuclear fuel, for a reported price of $1 ment and reprocessing capacity. Nuclear In 1984 China helped Iran build a nuclear million per ton. "If one of these entre weapons-making was concentrated at a few research centre at Isfahan. A Chinese re preneurial centers can come to the govern sites, mostly in the Russian republic. Close search reactor may follow. China has also ment and say: 'We can get $100 million,' they down and clean-up operations present hor sent Iran on calutron, a tiny version of the may give them the go-ahead," warns Thomas rendous problems. machines the Iraqis secretly put to work en L. Neff, a physicist and Chetek watcher at Among the most difficult sites are: the riching uranium. There are persistent re the Massachusetts Institute of Technology. huge reactor complex at Chelyabinsk-40, in ports of Chinese and Pakistani experts set The U.S. Department of Energy's decision the southern Urals just east of Kyshtym, ting up uranium-enriching centrifuges at to hire Russian scientists in Moscow to re where plutonium for the first Soviet atomic Moallem Kalayeh, north of Tehran, although search peaceful uses of nuclear fusion may bomb was produced; the Siberian atomic inspectors from the International Atomic give hope to thousands of others that help is power station, north-west of the city of Energy Agency found nothing there in Feb on the way. But the one-year contract will Tomsk, which also produced plutonium; and ruary. Iran has signed the Nuclear Non-Pro pay a total of $90,000 to employ more than Dodonovo, a conglomeration of reactors and liferation Treaty (NPT): it hopes to buy 100 scientists. And even if the West had bil chemical plants on the Yenisey river in west from India, China or both-"a few" legiti lions to spend, it could not bail out all the ern Siberia. Of the 14 reactors at these three mate civil reactors soon. former Soviet Union's thousands of weapons sites in 1987, producing plutonium and trit For Algeria, the Chinese are building a factories and laboratories. But before they ium for weapons-making, seven have been large research reactor at Ain Oussera. This go under, warns Russian Parliament member closed. Others will follow. looks fishy. The Algerians kept it secret Col. Alexei Tsarjov, many defense contrac LETHAL POLLUTION until it was spotted by satellites. They then tors-once the jewels in the Soviet industrial said it had a capacity of only 15 megawatts crown-may try to follow the capitalist road, In addition, there are thought to be two (powerful enough to produce the plutonium seeking protection from influential politi- main nuclear-weapons design laboratories for one bomb a year). The satellite photo . clans and selling their wares to the highest (similar to America's Lawrence Livermore graphs made it look at least twice as big. bidder. "The defense industry will try to and Los Alamos National Laboratories), one The Algerians, who have not signed the NPT, take the road of least resistance," he warns. at Sarova, 160 kilometres (100 miles) south agreed to ad hoc inspections by the IAEA, That is a frightening prospect. west of Nizhny Novgorod (formerly Gorky) whose people prowled around the reactor and the other at Chelyabinsk-70, east of the twice in January and found nothing to con [From the Economist, Mar. 14, 1992) Urals, just north of Kasli. Warheads were tradict the Algerian claims. A full inspection A NICE RED AFTERGLOW built at Nizhnaya Tura, north of Sverdlovsk, has yet to come, Rumours that the Algerians The end of Soviet communism was ap and possibly also at Chelyabinsk and plan a reprocessing plant near the site plauded almost everywhere except in China, Novosibirsk. Until both sites were closed as would, if confirmed, set off a new panic. Vietnam and Cuba. The replacement of the a result of protests by environmental groups, The Iranians and Algerians naturally deny Soviet Union by the Commonwealth of Inde Soviet nuclear tests were carried out at trying to build a bomb. After the Iraqi expe pendent States has scared the world. A dis· Novaya Zemlya in the Arctic, and at rience they are naturally disbelieved. But integrating nuclear-armed superpower is a Semipalatinski in Kazakhstan. even if either is lying, both are considered at nightmare. The accident at the Chernobyl civilian nu least five and maybe ten years away from Concern has focused on · the ex-Soviet clear-power plant in Ukraine alerted the building their own bombs. Unless a Middle Union's nuclear weapons-about 27,000 of world to the poor standards of Soviet civil Eastern country buys a nuclear weapon off them, from artillery shells to warheads on ian reactors. Its weapons industry is scarcely the shelf, Israel's monopoly is probably se missiles. Military officials claim that tac better. Radioactive waste has been system cure for the time being. tical nuclear weapons have been withdrawn atically pumped into rivers and lakes. Ac The other threat to Israel's monopoly from all former Soviet republics, except cording to a survey in the Bulletin of the Mr. Bush's arms-control plan for the Middle Ukraine and Belorussia. The remainder Atomic Scientist (May 1991), Karachay Lake, East-also looks remote. Last May the presi should be back in Russia by July. Disman near Chelyabinsk-40, has accumulated 120m dent called for a ban on the production and tling them will cost several billions of dol curies of caesium-137 and strontium-90. acquisition of bomb-grade fuel, to be fol lars; America has offered $400m. In 1989 Professor Alexei Yablokov, a Soviet lowed later by the creation of a nuclear Strategic weapons are another matter. biologist, claimed that 20 percent of the So weapons-free zone in the region. Under this Russia, Ukraine, Kazakhstan and Belorussia viet population lived in what he called "eco plan Israel would close its Dimona reactor, have such weapons on their territory. All say logical disaster zones", and another 3&-40 keeping the weapons it has. In return for the they will give them up. Getting rid of nu percent in badly polluted areas. In December capping of Israel's arsenal the Arabs would clear weapons is a condition for getting out 1991 Russia's new environment minister con give up their right to produce nuclear fuel. of the Commonwealth, and Ukraine is des firmed that much of the damage had been Israel would eventually disarm altogether. perate to leave. Kazakhstan might be tempt done by the weapons industry. This idea got short shrift. The Arabs said ed to keep some, but its SS-18 missiles are Earlier this year officials in Murmansk, it would preserve the Israeli advantage. The under Russian control and their liquid fuel home of the ex-Soviet Northern Fleet, sus Israelis said they might welcome a nuclear makes them difficult to maintain. pended all unloading of nuclear fuel from de free zone, but only as part of a wider agree Like the United States, the Soviet Union commissioned ships, after flagrant violations ment. Israel self-servingly defines weapons built a vast industry to support its nuclear of safety regulations by the navy. For 20 of mass destruction as "all weapons capable arsenal, including stockpiles of fissile mate years nuclear waste, including the damaged of killing many people indiscriminately". It rial, laboratories, test sites, components fac reactor core from a nuclear-powered ice says it will talk about nuclear, chemical and tories, assembly plants, transport and stor breaker, has been dumped in the Barents and conventional weapons simultaneously, but age facilities. Some 700,000 people work in Kara Seas, off Russia's northern coast. Rus not solely about the nuclear bombs that it the once-closed cities of the nuclear-weapons sia has no programme for coping with the alone possesses. The debate is now tangled in industry, although perhaps only 2,000--3,000 damage, or for storing nuclear waste more the Arab-Israeli peace talks, which could have access to the most sensitive secrets. safely in future. ramble on for years. March 17, 1992 CONGRESSIONAL RECORD-SENATE 5841 ASIA'S POWERFUL UPSTARTS aid to Pakistan because President Bush felt schemes, inviting each other to visit their Asia's one acknowledged nuclear power, himself unable to assure Congress, as he hitherto secret installations. Their succes China, has been in the club for so long that must if aid is to be given, that Pakistan sors, Carlos Menem (Argentina, 1989) and no one challenges its credentials. Not so "does not possess" a bomb. Fernando Collor (Brazil, 1990), stopped the North Korea, India and Pakistan, the three There is no American law making aid to secret projects but kept up the visits. By in Asian upstarts at the door. India dependent on the president's assurance viting each other's specialists to drop in as China exploded its first atomic bomb in that it does not have a bomb. Even so, Amer often as they wanted, they in effect opened 1964, a year before the turmoil of the cul ica and Britain are pressing both India and their nuclear industries to what less friendly tural revolution. Its first hydrogen bomb, in Pakistan not to pursue nuclear ambitions. rulers might call a challenge-inspection re 1967, came during the cultural revolution's The neighbours are being urged to sign the gime. Both presidents have recently prom full chaos. Yet despite China's instability, NPT, and asked to attend a five-power con ised to obey the IAEA and Tlatelolco rules. its bomb alarmed few Asians. It was intended ference (with Russia, America and China) to Latin America is nuclear-free less because mainly to counter the Soviet Union rather declare the subcontinent a nuclear-free zone. of treaties and inspection techniques than than India, with which China had fought a India says it will not sign the NPT until because its democratic rulers no longer want border war in 1962. It never seemed likely Pakistan does, adding that anyway the trea to nuke their neighbours. that hot-heads would get their fingers on ty is discriminatory. Pakistan refuses to China's nuclear trigger. sign, but says it is ready to talk about a nu North Korea is a scarier proposition. Rus clear-free zone. India, having briefly seemed IRRESPONSIBLE CONGRESS? HERE sia, China, Japan and the United States all to soften, was insisting in January that bet IS TODAY'S BOXSCORE have interests in the Korean peninsula. The ter relations in general with Pakistan had to Mr. HELMS. Mr. President, the Fed balance between them is now roughly stable. precede any talks about a nuclear-free sub eral debt run up by Congress stood at If North Korea got the bomb, it would continent. threaten Japan as much as the South. The Both India and Pakistan would be worried $3,854,493,181,967.94, as of the close of Japanese are, for nuclear-energy purposes, if (as now seems less likely) nearby business on Friday, March 13, 1992. now amassing the world's largest stockpile Kazakhstan were to inherit a nuclear arsenal As anybody familiar with the U.S. of plutonium. If threatened, they could well from the Soviet Union. Some suspect that Constitution knows, no President can use it for weapons. A nuclear Japan would India is biding its time until the mid-1990s, spend a dime that has not first been make all Asia jumpy. when it will have missile technology to de authorized and appropriated by the North Korea is the world's most secretive liver nuclear weapons against China as well Congress of the United States. and rigid regime. If may be beginning to as against Pakistan. The Pakistanis, inter During the past fiscal year, it cost starve, and is certainly facing an internal ested in alliances with Islamic neighbours power struggle. Kim II Sung, the North's 79- like Iran, would find nuclear expertise useful the American taxpayers $286,022,000,000 year-old communist dictator, wants his son, for making friends as well as for keeping up just to pay the interest on spending ap Kim Jong II, to succeed him. Kim the young with the Singhs. proved by Congress-over and above er is said to be loathed in the party and Along the Pakistan-India front line itself, what the Federal Government col army. A bomb in his hands, or being tossed the bomb should not be too disturbing. If the lected in taxes and other income. Aver around while he and his rivals fought for conditions of Soviet-American nuclear sta aged out, this amounts to $5.5 billion power, would scare everybody witless. bility can anywhere be duplicated in minia every week, or about $600 million every Since last autumn America has sought to ture, this is where: two antagonistic powers day. enlist Japan and China to press the North to with a close understanding of each other and comply with the NPT, sign a safeguards a deep interest in seeing that nothing goes What would America be like today if agreement with the IAEA, and open its fa wrong. Others in the neighbourhood may not there had been a Congress that had the cilities for inspection. The most troubling see it that way. · courage and the integrity to operate on site is at Yongbyon, 100 kilometers (60 miles) a balanced budget? north of the capital, Pyongyang. The Ameri THE LATIN SAFETY NETWORK cans think the North produces weapons Democracy has saved Latin America a lot grade plutonium in a research reactor there. of trouble and expense with nuclear weapons. FRIENDS OF IRELAND ST. Seeking to cajole the North into conces In 1967, when going nuclear was a far more PATRICK'S DAY STATEMENT-1992 sions, the Americans withdrew all their own expensive and remote option than it now is, Mr. KENNEDY. Mr. President, since nuclear weapons from South Korea late in a treaty made at Tlatelolco in Mexico de 1981, the Friends of Ireland in Congress 1991. North and South Korea did reach an clared the Americas a nuclear-free zone from agreement committing them to a nuclear have joined together in an annual St. the Rio Grande southwards, including the Patrick's Day statement which focuses free Korea. The North signed an IAEA safe Caribbean. All nuclear plants there would be guards agreement in January, and says its open to inspection both by the International on the problems that plague Northern parliament will rubber-stamp this in April. Atomic Energy Agency, and by the treaty's Ireland. But it has stalled on international inspec own agents, on any reasonable request. The Friends of Ireland is a bipartisan tions, and this week again rejected the Two nations of the Americas took no part group of Senators and Representatives South's demand for mutual inspections. in the Tlatelolco treaty-making-Cuba and committed to fostering the ties that A dispute broke into the papers this week Russia's then sympathiser, tiny Guyana. bind the United States to Ireland. We between America's CIA, which counts the When the Russians pulled out of Cuba last time to a Northern bomb in months, and the are unequivocally opposed to violence year, they took Latin America's only nu and terrorism, and we advocate a State Department, which counts in years. clear weapons capability with them. Whatever the timing, America and South The Tlatelolco deal was struck largely be peaceful, negotiated solution to the Korea will have to consider a military strike cause the signatories wanted help from the conflict that has claimed the lives of against the North's nuclear capacity, if ne United States in developing peaceful nuclear almost 3,000 people over the past two gotiations have not taken it out first. programmes-which, in the event, came to decades. SUBCONTINENTAL, NEAR-NUCLEAR less than they had hoped for. Two of the I believe that all our colleagues will Both India and Pakistan have long dabbled treaty's 21 signatories stuck out. In Argen find this statement of interest, and I in nuclear matters. The Indians exploded a tina and Brazil, anti-American military ask unanimous consent that it may be "device" (peaceful, they insisted) in 1974; rules wanted to feel "strong", and to buy printed in the RECORD. having made their point, they apparently themselves status by making nuclear deals There· being no objection, the state put their nuclear programme into abeyance. with other third-world regimes. More ration ment was ordered to be printed in the ,Pakistan, having lost three wars with its ally, they argued that military and civil nu neighbour since independence, has doggedly clear technology should go together, and RECORD, as follows: pursued its nuclear projects. Shahryar Khan, that their scientists might to better if un ST. PATRICK'S DAY STATEMENT-FRIENDS OF the country's foreign secretary, admitted in constrained by international anti-prolifera IRELAND, U.S. SENATE AND HOUSE OF REP Washington in February that "the capability tion rules. The generals also found nuclear RESENTATIVES, MARCH 17, 1992 is there: elements which, if put together, programmes a useful way of handing con On this St. Patrick's Day, the Friends of would become a device." tracts to their friends. Ireland in the United States Congress join In January Larry Pressler, an American Elected governments in both countries friends of Ireland everywhere in urging all senator, claimed that the American govern stopped the nonsense. President Raul Alfon parties to the crisis in Northern Ireland to ment believed Pakistan already had a bomb. sin (elected in Argentina in 1983) and Presi make a greater effort to reverse the ominous The Bush administration does not confirm dent Jose Sarney (Brazil, 1985) began by increase in violence and achieve a peaceful this, yet has since 1990 suspended American talking about· joint nuclear-weapons resolution of the conflict. 5842 CONGRESSIONAL RECORD-SENATE March 17, 1992 We are deeply concerned about the worsen kill policy of the security forces, and collu era, the benefits of peace, cooperation and ing violence and bloodshed in Northern Ire sion between those forces and Protestant reconciliation will come to all the people of land. In recent months, we have witnessed paramilitaries. We call on the British Gov Ireland, North and South. new depths of terrorism and inhumanity in a ernment to more fully address these issues, further spiral of violence and atrocities and to demonstrate that human rights are which threaten the lives and well-being of not only respected in Northern Ireland, but THE "SECOND ANNUAL everyone in Northern Ireland. The mur are seen to be respected. CHILDREN'S WATER FESTIVAL" derous activity of paramilitaries on both Our concern continues over job discrimina sides serves no purpose other than spreading tion in Northern Ireland. We welcome the Mr. BROWN. Mr. President, today I fear, mistrust, division, hostility, and de British Government's action in closing the would like to bring to the attention of struction. We unequivocally condemn all significant loophole in fair employment leg the Senate a creative children's edu acts of violence and reiterate our strong con islation that had prohibited employers from cational program designed for fourth viction that true and lasting progress can disclosing the religious affiliation of an em and fifth graders in Greeley, CO. only come about through a political process ployee, thus preventing victims of religious On March 24, the Central Colorado of negotiation and mutual trust. discrimination from pursuing their case. We Water Conservancy District will spon The tragedies suffered daily in Northern hope now that the backlog of discrimination Ireland underscore the need to reinvigorate cases will be dealt with expeditiously by the sor its Second Children's Water Fes the political process on all levels. The Fair Employment Tribunal. We will continue tival to educate young people about Friends of Ireland strongly support the to monitor this process to ensure that the the importance of water as a natural Anglo-Irish Agreement and believe it must promise of the 1989 Fair Employment Act is resource. Last year, the festival was continue to be vigorously implemented until fulfilled. the first of its kind in Colorado. It was it can be superseded by more effective and We also remain strongly committed to the so successful that several other cities mutually agreed arrangements. We commend International Fund for Ireland. In 1991, a in Colorado and in other States plan to the wisdom of the Irish and British Govern record 600 projects were approved by the hold similar festivals this year. ments for approaching the issue of political Fund. These real advances are enhanced by talks on the broadest possible terms, em the impressive psychological impact of the What makes this program so enter bracing the three linked aspects of the cri Fund on communities where levels of unem taining and informative for youngsters sis-relations between the Catholic and ployment are high and violence is common is its hands-on approach to learning Protestant communities within Northern place. The role of the Fund in promoting eco about water. Throughout the day, the Ireland, relations between Northern Ireland nomic and social progress is disadvantaged children will learn about the many or and the Republic of Ireland, and relations be areas and in fostering contact, dialogue and ganisms that live in water, how hy tween Britain and Ireland. The talks last reconciliation between Catholic and Protes drologists measure and allocate water, June marked an important advance toward tant workers and communities brings hope and how we all can help to conserve this goal. Their resumption last week is and encouragement to many who have suf heartening for the cautious hope it engen fered most from the tragedy of Northern Ire this important resource. ders that the parties to the talks see the land. In addition, the program encourages talks as the only path to peace and reconcili In the past year, we have witnessed both students to participate in "The Water ation. The Friends applaud the direct in change and continuity in Ireland. It has been Court" in order to learn about Colo volvement of the British Prime Minister in a privilege to work with Prime Minister rado's effective water rights adjudica assigning this process increased priority by Charles Haughey, who deserves great credit tion system. This unique and vital sys gathering together representatives of the for his leadership, especially in the search tem has ensured that Colorado's water constitutional parties in the North to urge for peace and reconciliation in Northern Ire needs have been met while our streams resumption of the talks. land. We congratulate his successor, Albert While progress toward a negotiated settle Reynolds, on his recent election as Prime and rivers have been protected. ment must remain the top priority, it should Minister and we look forward to working Innovative educational programs not detract from the need to make process closely with him and continuing the close re such as the Children's Water Festival on other issues in Northern Ireland. The re lationship between the United States and provide important interaction between cently published 1990 British Social Atti Ireland. students and local organizations. Cre tudes Survey for Northern Ireland vividly We also recognize the tireless efforts of the ative activities stimulate a real desire demonstrates the extent to which significant Secretary of State for Northern Ireland, to learn about issues, such as water, numbers of the Catholic community con Peter Brooke, for initiating and nurturing which are of great importance to Colo tinue to lack confidence in the security the latest round of talks in Northern Ireland forces of the British Government, including and for bringing this most sensitive of ef rado. I commend the Central Colorado the police, the administration of justice and forts farther along than nearly anyone could Water Conservancy District for its ef the court system. We urge the British. Gov have predicted at the outset. We also greatly forts in cooperation with Aims Com ernment to take urgent and ongoing steps to appreciate the consistent efforts of the Brit munity College for providing this out end this alienation. ish and Irish Governments to keep the standing program. In particular, we are concerned about the Friends informed of the progress of the peace number of killings by British security forces process and we pledge our efforts to support in controversial circumstances. The case of that process in the coming year. SADDAM HUSSEIN, THE KURDS, Fergal Caraher illustrates the often unsatis In 1991 as well, we were also honored to AND GENOCIDE factory, slow and inadequate response by the welcome President Mary Robinson of Ireland British Government to the improper use of to the United States. President Robinson has Mr. DOLE. Mr. President, this week force by its security forces. Dissatisfied with long been an outstanding champion of social marks the fourth anniversary of one of the official inquiry into their son's death in justice and equal opportunity for women. We the most heinous acts of the 20th cen December 1990, when British soldiers fired on admire her achievements, and we are im tury. On March 17-18, 1988, the military his car at a checkpoint in Cullyhanna, pressed by the inspiration that her election forces of Saddam Hussein exterminated Northern Ireland, Mr. Caraher's parents ini as President has given to Ireland, to Amer thousands of innocent women, chil tiated their own independent investigation. ica, and to peoples throughout the world. dren, and old men in a mountain vil Last month, largely because of international Lastly, this past year has seen the initi outrage about the incident, the work of the ation of an immigrant visa program for Irish lage in Iraq called Halabja. This mas independent· inquiry, and the efforts of the citizens proposed by the Congress and sacre was accomplished with chemical Director of Public Prosecutions, two soldiers strongly supported by the Friends of Ireland weapons, the same kinds of chemical were charged with the murder of Mr. which promises to both enrich and enliven weapons that the United Nations is Caraher. We welcome this development and the cultural diversity of this nation. We wel seeking to find and destroy in Iraq we urge the British Government to institute come these new arrivals to our shores and today. more effective restraints on its security look forward to further Irish immigration in Since that awful moment in 1988, forces. 1992. Saddam Hussein and his Republican Our concerns about the British Govern The end of the Cold War marks the begin ment's record to human rights in Northern ning of a new era for Ireland and all of Eu Guard military units have struck re Ireland were heightened by the Amnesty rope. We join the · large numbers who peatedly at the Kurdish people in International report in June 1991, which de marched for peace in Northern Ireland this northern Iraq with chemical weapons, scribed examples of the abuse of detainees, past weekend, and we express our hope on St. with mass executions, with almost inadequate inquests, the alleged shoot-to- Patrick's Day 1992 that as part of this new every form of torture imaginable. · March 17, 1992 CONGRESSIONAL RECORD-SENATE 5843 These atrocities were shown to much Nobel Peace Prize, while never sacrific him to forge for his young and proud of the world on television but somehow ing the fortune and safety of his people country their first peace. these matters are quickly forgotten. for personal glory. Mr. DECONCINI. Mr. President, I sug Just this month the television program Prime Minister Begin, a man of great gest the absence of a quorum. "60 Minutes" covered the latest atroc courage, was not afraid to make a per The PRESIDING OFFICER. The ities which Saddam Hussein's military sonal sacrifice. In 1939, while evading clerk will call the roll. has visited upon the Kurdish people. It the advancing army of Adolf Hitler, The legislative clerk proceeded to seems the Iraqi troops had video cam Begin came into the possession of a call the roll. eras to record the slaughter so that visa that would have allowed him to go Mr. MITCHELL. Mr. President, I ask they could be rewarded for their suc to Palestine. However, he gave his unanimous consent that the order for cesses. The video footage has been cap . passport to a friend whom he thought the quorum call be rescinded. tured along with thousands of pages of would have even greater trouble than The PRESIDING OFFICER. Without documentation. The graphic detail was himself escaping the oncoming Russian objection, it is so ordered. horrifying-revolting. An estimated 60 and German forces. This selfless act of million Americans watched "60 Min friendship and benevolence cost Begin 2 YEAR OF RECONCILIATION BE utes" and yet there is hardly a men years in a Siberian prison. TWEEN AMERICAN INDIANS AND tion in Washington of what can only be On March 26, 1979, the Prime Minister called genocide in progress. made another great sacrifice that NON-INDIANS; NATIONAL PUBLIC Even now the focus of the United might have resulted in miseries for the SAFETY TELECOMMUNICATIONS States and the Western powers is on Jewish people as a whole had not his WEEK the technologies and the factories that bold gamble borne fruit. I am, of Mr. MITCHELL. Mr. President, I ask produce weapons of mass destruction course, referring to the Camp David unanimous consent that the Judiciary rather than the people who have been peace accords under which Israel and Committee be discharged, en bloc, from and may soon again become the vic Egypt, led by Prime Minister Begin further consideration of the following tims of Saddam Hussein's weapons. and President Anwar Sadat, boldly joint resolutions: In the past week, news accounts have moved forward with vision and courage Senate Joint Resolution 222, des covered the arrogant and defiant that cast a ray of hope in the vast ignating 1992 as "Year of Reconcili stance of Saddam Hussein's Deputy darkness that had been the Arab-Is ation between American Indians and Prime Minister as he tells the United raeli conflict. Non-Indians" and House Joint Resolu Nations what Saddam will and will not As a tested and compelling orator he tion 284 designating "National Public allow with respect to the United Na delivered his first public speech when Safety Telecommunicators Week"; and tions' search for weapons. he was 10 years old. Prime Minister that the Senate proceed, en bloc, to There is pressure building in both Begin delivered a passionate speech in their immediate consideration, that great Britain and the United States for support of the peace accord declaring, the resolutions be deemed read a third some kind of military action. However, "Why is this peace treaty so impor time and passed and the motion to re the hostile reaction to Saddam seems tant? This is the first peace treaty Is consider laid upon the table, and the more motivated by an embarrassment rael has ever signed, the first peace preambles agreed to; further that any that Saddam is thumbing his nose at treaty after five wars in which we lost statements relating to these resolu the West than by a genuine outrage at 12,000 of our people. Our aim, our tions be placed in the RECORD at an ap the murderous, ongoing genocide yearning, and our dream is to smash propriate place. against the Kurdish people in northern this helix of hatred. We must sign this The PRESIDING OFFICER. Without Iraq. treaty because it is a human act of the objection, it is so ordered. Where is the outrage? Have we not highest degree." So, the joint resolution (S.J. Res. 222) learned from Hitler's Holocaust, from Becoming Prime Minister of Israel was deemed read a third time and the killing fields of Cambodia? Contin was a dream that he envisioned early passed. ued indifference to the determined and in his life. Traveling widely with his fa The preamble was agreed to. systematic genocide of the Kurdish ther as a young child, he was intro The joint resolution with its pre people should not be permitted. duced to many Jews who spoke amble, is as follows: yearningly of a future Jewish nation. S.J. RES. 222 At the age of 15, he joined Betar, the Whereas 1992 will be recognized as the A TRIBUTE TO MENACHEM BEGIN Zionist revisionists' youth movement quincentennial anniversary of the ari'ival of Mr. DECONCINI. Mr. President, that prepared and recruited Jews for Christopher Columbus to this continent; Menachem Wolfovitch Begin was a man the purpose of creating their own Whereas this 500th anniversary offers an forged by the fires of two world wars homeland. Working with many of his opportunity for the United States to honor and five Arab-Israeli wars. He was a the Indigenous peoples of this continent; soon-to-be countrymen, he opposed the Whereas strife between American Indian man who first fought for the freedom of British mandate of control of Palestine and non-Indian cultures is of grave concern his people in Poland during World War and eventually forced the world to ap to the people of the United States; II, and who went on to become a leader prove the realization of their collective Whereas in the past, improvement in cul in the war to create a Jewish national dreams-the creation of the independ tural understanding has been achieved by in homeland. Prime Minister Begin was a ent and sovereign state of Israel in dividuals who have striven to understand the fighter almost all his life. For 30 years 1948. differences between cultures and to educate he was the leader of the Likud Party, In 1982, in the midst of one of. the others; then the opposition party in the Israeli Whereas a national effort to develop trust most difficult periods in his leadership and respect between American Indians and Parliament. Though his battles were of Israel, Menachem Begin lost Aliza, non-Indians must Include participation from many, he always moved forward- never his wife of 43 years. Together they had the private and public sectors, churches and losing sight of his purpose-the greater endured the wars and his imprisonment church associations, the Federal Govern good of the people of Israel. In the end, in Siberia. This tragedy broke his pow ment, Tribal governments and State govern he won many victories, including the erful spirit. He resigned shortly after ments, Individuals, communities, and com first ever Likud victory over the Labor her death, and lived in seclusion there munity organizations; Party. That victory enabled Likud to after. Thus, it was only fitting that on Whereas mutual trust and respect provides a sound basis for constructive change, given control the Knesset, and propelled him March 9, 1992, Mr. Begin was laid to a shared commitment to achieving the goals into the position of Prime Minister of rest next to his beloved wife. of equal opportunity, soclal justice and eco Israel. Prime Minister Menachem Begin was nomic prosperity; and During his historic tenure, this a man of courage and conviction, and it Whereas the celebration of our cultural dif former guerrilla fighter received the was these very qualities that enabled ferences can lead to a new respect for Amer- 5844 CONGRESSIONAL RECORD-SENATE March 17, 1992 lean Indians and their culture among non-In damentally international character of State and the Secretary of Energy, dians: Now, therefore, be it science and technology, and strength which includes a summary of the provi Resolved by the Senate and House of Rep ening math and science education. sions of the agreement and various resentatives of the United States of America in The various chapters illuminate se other attachments, including agency Congress assembled, That 1992 is designated as the "Year of Reconciliation Between Amer lected areas essential for meeting na views, is also enclosed. ican Indians and non-Indians". The Presi tional needs. There is a focus on inter The proposed agreement with the Re dent is authorized and requested to issue a national competitive advantage, na public of Poland has been negotiated in proclamation calling upon the people of the tional security, global environmental accordance with the Atomic Energy United States, both Indian and non-Indian, needs, foreign policy, biotechnology, Act of 1954, as amended by the Nuclear to lay aside fears and mistrust of one an and information technology. Each Non-Proliferation Act of 1978 and as other, to build friendships, to join together chapter describes the area's key fea otherwise amended. In my judgment, and take part in shared cultural activities, tures, its policy relevance, and major the proposed agreement meets all stat and to strive towards mutual respect and un derstanding. components for which detailed strate utory requirements and will advance gies, policies, programs, and budgets the non-proliferation and other foreign So, the joint resolution (H.J. Res. have been or are being designed and policy interests of the United States. It 284) was deemed read a third time and implemented. provides a comprehensive framework passed. Science, as Vannevar Bush pointed for peaceful nuclear cooperation be The preamble was agreed to. out nearly half a century ago, is an tween the United States and Poland endless frontier. Exploiting the oppor.: under appropriate conditions and con tunities of that frontier has helped to trols reflecting our strong common MESSAGES FROM THE PRESIDENT strengthen this Nation and the entire commitment to nuclear non-prolifera Messages from the President of the world in the past and can continue to tion goals. United States were communicated to in the future. This Administration be Poland has consistently supported the Senate by Mr. Mccathran, one of lieves that seizing these opportunities international efforts to prevent the his secretaries. in science and technology and securing spread of nuclear weapons. It was an their benefits to the United States re original signatory of the Non-Pro quire policies that are forward-looking liferation Treaty (NPT) and has strong EXECUTIVE MESSAGES REFERRED and reflect a rapidly evolving world. ly supported the Treaty. It is commit As in executive session the Presiding This Administration also believes that ted to implementing a responsible nu Officer laid before the Senate messages these objectives require vigorous ini clear export policy, and declared in from the President of the United tiatives in the private sector, contin January 1978 that it intended to apply States submitting sundry nominations ued excellence in academic research, a full-scope safeguards nuclear export which were referred to the appropriate and sustained progress in education. requirement. Poland supports the work committees. In many ways, investment in science of the NPT Exporters ("Zangger") (The nominations received today are and technology reflects a deep-seated Committee and adheres to the Nuclear printed at the end of the Senate pro American belief in the possibility of a Supplier Guidelines. It is a member of ceedings.) better future. With concerted action, the International Atomic Energy Agen that future-that endless frontier-lies cy (IAEA) and has played a positive within our reach. role in the Agency's safeguards and SCIENCE AND TECHNOLOGY RE GEORGE BUSH. technical cooperation activities. It has PORT AND OUTLOOK-MESSAGE THE WHrrE HOUSE, March 17, 1992. also cooperated with the United States FROM THE PRESIDENT-PM 117 and other likeminded members in The PRESIDING OFFICER laid be- TEXT OF PROPOSED AGREEMENT working to prevent the politicization fore the Senate the following message FOR COOPERATION BETWEEN of the Agency. Poland is a party to the from the President of the United THE UNITED STATES OF AMER Convention on the Physical Protection States, together with an accompanying ICA AND THE REPUBLIC OF PO of Nuclear Material. report; which was referred to the Com LAND-MESSAGE FROM THE I believe that peaceful nuclear co mittee on Commerce, Science, and PRESIDENT-PM 118 operation with Poland under the pro Transportation: posed agreement will be fully consist The PRESIDING OFFICER laid be ent with, and supportive of, our policy To the Congress of the United States: fore the Senate the following message of responding positively and construc I am very pleased to submit the from the President of the United tively to the process of democratiza Science and Technology Report and Out States, together with accompanying tion and economic reform in Eastern look: 1989-1990 as required by the Na papers; which was referred to the Com Europe. Cooperation under the agree tional Science and Technology Policy, mittee on Foreign Relations: ment will also provide opportunities Organization, and Priorities Act of 1976 To the Congress of the United States: for U.S. business on terms that fully (42 u.s.c. 6615). I am pleased to transmit to the Con protect vital U.S. national security in The report reinforces and highlights gress, pursuant to sections 123 b. and terests. that strong and vigorous support for 123 d. of the Atomic Energy Act of 1954, I have considered the views and rec our Nation's science and technology as amended (42 U.S.C. 2153(b), (d)), the ommendations of the interested agen has been one of the central policies of text of a proposed Agreement for Co cies in reviewing the proposed agree this Administration. In addition to operation Between the United States of ment and have determined that its per providing a general record of accom America and the Republic of Poland formance will promote, and will not plishments, the report also suggests · a Concerning Peaceful Uses of Nuclear constitute an unreasonable risk to, the number of possibilities in the form of Energy with accompanying annex and common defense and security. Accord an outlook for the future in key areas agreed minute. I am also pleased to ingly, I have approved the agreement of science and technology. transmit my written approval, author and authorized its execution and urge The Federal Government's science ization, and determination concerning that the Congress give it favorable con and technology-related activities sup the agreement, and the memorandum sideration. port our Nation's quest to ensure a of the Director of the United States Because this agreement meets all ap high quality of life for current citizens Arms Control and Disarmament Agen plicable requirements of the Atomic and future generations by meeting na cy with the Nuclear Proliferation As Energy Act, as amended, for agree tional needs, investing for the future, sessment Statement concerning the ments for peaceful nuclear coopera exploring intellectual, social, and agreement. The joint memorandum tion, I am transmitting it to the Con physical frontiers, building on the fun- submitted to me by the Secretary of gress without exempting it from any March 17, 1992 CONGRESSIONAL RECORD-SENATE 5845 requirement contained in section 123a. the use and release of toxic chemicals; to the Asian Development Fund, a special fund of of that Act. This transmission shall Committee on Environment and Public the Bank, except that any commitment to constitute a submittal for purposes of Works. make such contributions shall be subject to By Mr. BOND (for himself, Mr. the availability of appropriations. both sections 123b. and 123d. of the DASCHLE, Mr. GRASSLEY, Mr. HEFLIN, "(b) In order to pay for the United States Atomic Energy Act. The Administra Mr. MCCONNELL, Mr. DANFORTH, Mr. contribution provided for in subsection (a), tion is prepared to begin immediately HARKIN, Mr. KASTEN, and Mr. DIXON): there are authorized to be appropriated, the consultations with the Senate For S. 2361. A bill to enhance the competitive without fiscal year limitation, $680,000,000 eign Relations and House Foreign Af ness of United States processed and high for payment by the Secretary of the Treas fairs Committees as provided in section value agricultural products in export mar ury.". 123b. Upon completion of the 30-day kets and expand domestic employment op continuous session period provided for portunities; to the Committee on Agri DEPARTMENT OF THE TREASURY, culture, Nutrition, and Forestry. Washington, DC, March 5, 1992. in section 123b., the 60-day continuous By Mr. McCAIN (for himself, Mr. Hon. DAN QUAYLE, session period provided for in section WIRTH, Mr. GRASSLEY, Mr. NICKLES, President of the Senate, Washington, DC. 123d. shall commence. Mr. STEVENS, and Mr. BROWN): DEAR MR. PRESIDENT: I am pleased to GEORGE BUSH. s. 2362. A bill to amend title xvm of the transmit herewith a draft bill, "To amend THE WHITE HOUSE, March 17, 1992. Social Security Act to repeal the reduced the Asian Development Bank Act to author medicare payment provision for new physi ize consent to and authorize appropriations cians; to the Committee on Finance. for the United States contribution to the ENROLLED BILL AND JOINT By Mr. KERRY: fifth replenishment of the resources of the RESOLUTIONS PRESENTED s. 2363. A bill to develop, assist, and sta Asian Development Fund, and for other pur bilize recycling markets; to the Committee poses." The Secretary of the Senate reported on Environment and Public Works. The Asian Development Bank (Bank) is an that on March 16, 1992, he had pre extremely cost-effective vehicle for forward sented to the President of the United ing U.S. international economic priorities in States the following enrolled bill and STATEMENTS ON INTRODUCED the Asian region. The Asian Development BILLS AND JOINT RESOLUTIONS Fund (Fund) is the soft loan window of the joint resolutions: Bank, providing concessional resources to S. 2324. An Act to amend the Food Stamp By Mr. PELL (by request): the poorest countries in Asia. Donors Act of 1977 to make a technical correction S. 2358. A bill to amend the Asian De reached agreement on December 10, 1991 to relating to exclusions from income under the velopment Bank Act to authorize con replenish the resources of the Fund by $4.2 food stamp program, and for other purposes; billion over four years, 1992-1995. The U.S. S.J. Res. 176. Joint resolution to designate sent to, and authorize appropriations for, the United States contribution to contribution to the replenishment is $680 March 19, 1992, as "National Women in Agri million, or $170 million annually. culture Day"; and the fifth replenishment of the Asian In the context of this replenishment, the S.J. Res. 240. Joint resolution designating Development Fund, and for other pur United States was able to obtain important March 25, 1992 as "Greek Independence Day: poses; to the Committee on Foreign policy reforms that will improve the effi A National Day of Celebration of Greek and Relations. ciency and quality of the Bank's lending op American Democracy." REPLENISHMENT OF THE ASIAN DEVELOPMENT erations, and promote U.S. economic policy FUND objectives in the region. Specifically, the Mr. PELL. Mr. President, by request, U.S. was successful in obtaining agreement EXECUTIVE AND OTHER to strengthen the Bank's environmental ac COMMUNICATIONS I introduce for appropriate reference a tivities, increase Bank operations to stimu bill to amend the Asian Development The following communications were late private sector activities, allocate Fund Bank Act to authorize consent to, and resources based on the economic perform laid before the Senate, together with authorize appropriations for, the Unit ance of the borrower, strengthen the Bank's accompanying papers, reports, and doc ed States contribution to the fifth re efforts in the area of poverty reduction, en uments, which were referred as indi plenishment of the Asian Development hance the role of women in development, and cated: Fund, and for other purposes. strengthen the Bank's efforts to promote EC-2811. A communication from the Presi This proposed legislation has been re economic growth-oriented policies. Donors dent of the United States, transmitting, pur quested by the Department of the also reached agreement that India and China suant to law, a report on the status of efforts will not have access to the resources of this to obtain compliance by Iraq with the reso Treasury, and I am introducing it in replenishment. lutions adopted by the U.N. Security Coun order that there may be a specific bill The draft bill would add a new section to cil; to the Committee on Foreign Relations. to which Members of the Senate and the Asian development Bank Act. Proposed the public may direct their attention section 30 would authorize the United States and comments. Governor of the Asian Development Bank to INTRODUCTION OF BILLS AND I reserve my right to support or op contribute $680,000,000 to the Asian Develop JOINT RESOLUTIONS ment Fund, subject to obtaining the nec pose this bill, as well as any suggested essary appropriations. The following bills and joint resolu amendments to it, when the matter is This legislation is important to U.S. for tions were introduced, read the first considered by the Committee on For eign economic policy. It would be appre and second time · by unanimous con eign Relations. ciated if you would lay the draft bill before sent, and referred as indicated: I ask unanimous consent that the bill the Senate. An identical proposal has been be printed in the RECORD, together transmitted to the Speaker of the House of By Mr. PELL (by request): Representatives. S. 2358. A bill to amend the Asian Develop with the letter from the general coun The Office of Management and Budget ad ment Bank Act to authorize consent to, and sel of the Department of the Treasury vises that there is no objection to the sub authorize appropriations for, the United to the President of the Senate, which mission of the draft bill to Congress and that States contribution to the fifth replenish was received on March 9, 1992. its enactment would be in accord with the ment of the Asian Development Fund, and There being no objection, the mate President's program. for other purposes; to the Committee on For rial was ordered to be printed in the Sincerely, eign Relations. RECORD, as follows: JEANNE S. ARCHIBALD, By Mr. HEFLIN: General Counsel. S. 2359. A bill to amend chapter 153 of title s. 2358 10, United States Code, to permit the Sec Be it enacted by the Senate and House of Rep By Mr. HEFLIN: retary of Defense to provide certain property resentatives of the United States of America in S. 2359. A bill to amend chapter 153 of and services of the Department of Defense to Congress assembled, That the Asian Develop title 10, United States Code to permit certain educational entities; to the Commit ment Bank Act (Pub. L .. 89-369, 80 Stat. 71), tee on Armed Services. as amended, is further amended by adding at the Secretary of Defense to provide By Mr. DURENBERGER: the end thereof the following new section: certain property and services of the De S. 2360. A bill to amend the Solid Waste "SEC. 30. (a) The United States Governor of partment of Defense to certain edu Disposal Act to encourage pollution preven the Bank is authorized to contribute, on be cational entities; to the Committee on tion and to require additional reporting on half of the United States, $680,000,000 to the Armed Services. 5846 CONGRESSIONAL RECORD-SENATE March 17, 1992 UNITED STATES SPACE CAMP To maintain educational integrity to report on their pollution. Reports Mr. HEFLIN. Mr. President, in this and hands-on enthusiasm, Camp, Acad are filed annually. Each facility re era of global competition, cheap labor emy, and Aviation Challenge education ports the amount of toxic chemicals and government subsidies will not staff continually work to update and that it discharges to surface waters, make us victors. Instead, we can only enhance offerings and create new, more emits into the air or disposes on land. win through our leadership in the high sophisticated agendas for advanced These reports are required for each of technology industries. But to ensure level students. In this manner, pro more than 300 toxic chemicals listed this victory, we must invest now in our gram coordinators ensure that these under the law. The facility reports are children. curricula complement accelerated pub compiled by EPA and published as a Preparation for high-technology ca lic education. national inventory of toxic pollution. reers often begins as early as the sev Mr. President, the U.S. Space Camp, The first reports under section 313 enth or eighth grade, with courses like Space Academy, and Aviation Chal were required for calendar year 1987 algebra, biology, and chemistry. With lenge have gained widespread recogni and were filed in July 1988. When EPA out a strong foundation in math and tion for a job well done. For this rea published the first national inventory science, many high school students son, I am introducing legislation today in June 1989, the public was quite sur find that they don't have the option of that gives congressional endorsement prised by the very large numbers that pursuing engineering and science de of the programs, as well as grants their were reported. Emissions of toxic sub grees in college. With numerous studies developers access to, at the Secretary stances to the air exceeded 2. 7 billion by independent educational and com of Defenses's discretion, certain prop pounds. Discharges to surface waters mercial organizations revealing that erties and services of the Department were 9.6 billion pounds in 1987, and literacy in math and science among of Defense. This access could include total releases to all environmental U.S. students rank far behind that of the temporary use of military housing, media exceeded 22.5 billion pounds. many other industrialized nations, the loan of military personnel as guests in Even the chemical industry expressed alarm goes off, warning us to act now structors, donated surplus equipment, surprise at the magnitude of the re to preserve America's leadership role and temporary use of training facilities leases. in high technology. for the enhancement of current pro The shock caused by the first toxics President Bush, through his America grams and creation of anticipated ad release inventory prompted action. 2000 education strategy, has stated that vanced courses of study. Many facility owners tried to get ahead the well-being of America's education The key here is hands-on involve of the public relations problem and system will determine the future well ment. Field trips to Air Force and promised substantial reductions in being of U.S. industry and Govern Navy installations will allow students their emissions to be implemented over ment. Among the strategy's goals is to observe the actual training of mili the next few years. The voluntary pol the aim to have our students ranking tary aviators and talk with them in lution prevention plans that have been first in the world in math and science person about their experiences. To developed in response to the national literacy. Achievement of this goal de meet these men and women, to touch toxics release inventory have the po pends on the combined efforts of both their aircraft, will do more to inspire tential to substantially reduce risks to the public and private sectors. To public health and to the environment, these young kids than a stack of books. if they are implemented. gether, this team can create programs They'll learn that the Air Force and that stimulate students' interests, pro The section 313 reports have also Navy choose only the best to be avi prompted Government action. I believe mote their awareness, and provide ators, reinforcing the lesson to these these future scientists with hands-on that the air toxics title of the 1990 young students that the courses they Clean Air Act amendments passed in access to high-technology vehicles and choose and the grades they make will machines that will fire their imagina part because the Congress and the Bush determine their future. administration were convinced of the tions. Our goal in Congress must be to Mr. President, the success of this leg support these programs and to tear need as the result of the toxics release islation will mean a victory for both inventory. The Congress also passed down any barriers that would prevent industry and government, because it the Pollution Prevention Act of 1990 Government agencies from working in will help prepare our youth to face the which is directly based on section 313 conjunction with private enterprise future: With our eyes on this goal, I en and has been augmented by several dedicated to teaching our youth. courage my colleagues to support the State pollution prevention laws. Three private programs with this ·quick passage of this bill. The bill I am introducing today is de mission are the U.S. Space Camp, U.S. signed to build on the success of the Space Academy, and Aviation Chal By Mr. DURENBERGER: Community Right-to-Know Program lenge. These programs use the wonder S. 2360. A bill to amend the Solid under section 313. It is not the only bill of NASA and military aviation to mo Waste Disposal Act to encourage pollu pending in the Congress on this sub tivate students, grades 4-12, to prepare tion prevention and to require addi ject. Last November I joined with Sen academically for high-technology ca tional reporting on the use and release ator LAUTENBERG to introduce a bill reers. Camp, Academy, and Aviation of toxic chemicals; to the Committee that has similar provisions, and on the Challenge creators and promoters have on Environment and Public Works. House side Congressman SIKORSKI from proven that hands-on education is a · TOXICS RELEASE AND POLLUTION PREVENTION Minnesota has introduced H.R. 2880 vital key to unlocking young potential ACT with similar objectives. and guiding students to the high-tech Mr. DURENBERGER. Mr. President, There are three basic ways to expand nology track. Consequently, trainees in today I am introducing the Toxics Re the toxics release inventory to provide these three programs not only spend lease and Pollution Prevention Act. If a right to know more. We can add more time in lectures and classroom envi enacted, this bill will amend section chemicals to the list. We can require ronments, they also spend a great deal 313 of the Emergency Planning and more facilities to report. And we can of time in simulations training. As Community Right-to-Know Act to ex require additional information on the they become acclimated to a function pand the toxics release inventory. It use or release of each chemical from ing, high-technology environment, stu will also require each facility for which each facility. dents soon realize the importance of a reports are filed under section 313 to Before discussing the specifics of the solid foundation in math and science. prepare a pollution prevention plan legislation, let me outline four consid Additionally, teachers who attend the every 3 years. erations that ought to be weighed in academy programs for professional The toxics release inventory was first the balance as we think about ways to educators learn techniques to take the established under section 313 in 1986. It expand the toxics release inventory. excitement of mission simulations requires industrial facilities in the The first consideration is the burden back to their classrooms. manufacturing sector of our economy on EPA and the States and the size of March 17, 1992 CONGRESSIONAL RECORD-SENATE 5847 the data base we are creating. TRI can 95 percent, or even 99 percent of the Based on those studies this bill lists be looked at as collection of discrete risk by requiring 40,000 facilities to re the SIC codes for mining, oil, and gas pieces of information that must be port on 500 substances. To require production, transportation services, carefully and reliably managed and 225,000 facilities to report on 1,000 drum reconditioning, petroleum han manipulated to produce any useful pub- chemicals, as other pending bills would dling, paint supply, wholesaling, laun lie understanding. The size of that data do, likely provides very little addi dries, exterminating services, base is dependent on the number of tional public health benefit. photofinishing, solvent recovery, hos chemicals listed, the number of facili- So, let me get to the specifics of the pitals, research facilities, and all the ties reporting and the information that bill. facilities owned by the Federal Govern must be reported on each chemical. The first way to expand the toxics re- ment. Under current reporting require- lease inventory is to add chemicals. In addition to listing specific SIC ments, EPA is managing about 5 mil- This bill requires EPA to prepare a list codes now, this bill also requires EPA lion data elements. The reporting of the 250 toxic chemicals not already to do a thorough screening of the re amendments that were made by the listed that present the greatest threat maining four digit codes and to submit Congress as part of the Pollution Pre- to human health and the environment. a report and to take action to list vention Act of 1990 will increase the EPA will prepare the list based on an those industries with a preponderance data base to 8 or 9 million data points expert screening of health effects infor of facilities that have high use or emis in 1993. That is 9 million. By way of mation that is now available. The 250 sions. comparison, EPA has estimated that chemicals are grouped into high prior The third way to expand the toxics other -bills now pending on this subject ity substances that will be added im release inventory is to require more in would bring in well over 100 million mediately and other substances to be formation from each facility. Since pieces of information each year. added later when the data base can re- 1987, we have collected data on annual There is a limit to how fast and how liably be expanded to include them. releases. Beginning in 1991, we will be far the data base can be expanded. We The bill requires that EPA propose getting new information on pollution don't want a toxics release inventory this list of 250 additions before Septem prevention. so big that EPA and States take years ber 1, this year. It is unlikely that the In 1986, when the community right to to produce summary reports. We don't bill would even be enacted by that know law was enacted, one of the most want to delay the publication of the in- date. By selecting September 1, I am hotly contested issues was the so formation or its reliability in a quest sending the message that Congress called mass-balance reporting require to get every last scrap of information should have an opportunity to review ment. Industry resisted the community on toxiC releases. There is a point of di- the list before the legislation is sent to right to know law because it feared minishing returns. the President. EPA promised us a list that divulging mass-balance informa A second consideration is the burden like this last summer and it has not tion might compromise trade secrets. on facilities that must report. That is yet appeared. Rather than require industry to report not a serious problem under current re- Now, let's move to facilities. There mass-balance data, the Congress asked quirements. There have not been seri- are various factors that determine for a report from the National Acad ous complaints from industry to the whether a facility is required to report emy of Sciences on the mass-balance Congress about the TRI paperwork bur- under current law. It has to report if it issue. den. But it could become an issue in is in a standard industrial classifica The report entitled "Tracking Toxic the future. We don't want to weaken tion code between 20 and 39, the manu Chemicals at Industrial Facilities" is public support for this program by re- facturing sector of the economy, if it very helpful. It makes a distinction be quiring facilities to collect and report has more than 10 employees, and if it tween mass-balance calculations from data that are not essential. manufactures or imports more than a chemical engineering perspective and A third issue is the burden on those 25,000 pounds or uses more than 10,000 what the NAS chose to call materials facilities that are covered by TRI be- pounds of a listed chemical each year. accounting or throughput data. The re cause they are in a listed industrial Based on these thresholds, 22,569 facili port indicates that there is some util category, but which do not have to re- ties filed reports for 1989. The General ity in looking at throughput data for port because they do not make or use Accounting Office has determined that facilities handling large volumes of the chemical in more than the thresh- perhaps 29,000 should have reported. toxic substances. old amounts. Even if they do not ulti- Other bills that are pending on right The report also suggests that the mately file a report, managers at these to know more expand the toxics release trade secret problem can be mitigated, facilities may nevertheless be required inventory to cover all facilities in if the data are reported on a per prod to invest considerable effort to deter- every industrial and commercial cat uct basis. The most sensitive trade se mine that right to know does not apply - egory. Every law firm, grade school, cret information is market position to them. We should only cover indus- grocery store, beauty parlor, mortuary, which might be revealed by reporting trial categories that may present a real and government agency in the country the total quantities of a chemical that risk to public health or the environ- will be covered. If it has 10 employees, flows through a plant. But stating the ment. it must look for chemical uses. ratio of inputs and outputs per unit of A final consideration is on the bene- EPA estimates that some 225,000 fa- product hides market position, while fit, not the burden, side. The world cilities might be covered by TRI under still allowing some understanding of seems to have a 90-10, or maybe it is an these other right to know more bills. efficiencies at the facility and the ef 80-20, rule for toxic risks; 90 percent of But thousands more would experience fectiveness of its pollution prevention the problem is at 10 percent of the fa- the burden of the nonreporter-being efforts. cilities. You can get to most of the covered and having to search the in Using materials accounting on a per human health and environmental prob- coming shipments for TRI chemicals, product basis solves some of the prob lems by working with a small percent- even if they aren't there in threshold lems raised in the old mass-balance de age of the potentially regulated uni- amounts. bate. But I also think industry will be verse. Again, I am recommending a much more willing to accept this require The costs you pay to get at the last more targeted approach. The bill I am ment today for another reason. At the 10 percent of the risk can be staggering introducing today selects specific 2-, 3- same time that this bill expands the and are often not justified by the incre- and 4-digi t SIC codes where use, re toxic release inventory, it also estab men tal gain in public benefits that is leases, and risks are likely to be high. lishes new pollution prevention respon realized. I firmly believe that this rule My selections are based on studies done sibilities for each facility. applies to the toxics release inventory. by several States to identify high risk There are a variety of pollution pre We can probably capture 90 percent, or industries. vention options before the Congress. 5848 CONGRESSIONAL RECORD-SENATE March 17, 1992 We could require each facility to pre Act. Avoid producing a waste at the threat to human health and the environment pare pollution prevention plans. We source, if you can. Recycle wastes that posed by the release of toxic chemicals in could require each facility to submit to are produced, nevertheless. Treat the their communities. The chemical-specific an outside pollution prevention audit and multi-media characteristics of the re wastes that cannot be recycled to re ports required from each facility and re and implement the findings. We could duce volume and toxicity. Safely dis flected in the aggregated data are a signifi set industrywide pollution prevention pose of the residue. What part of that cant strength of the Inventory. Because the goals or standards. We could phaseout hierarchy qualifies as true pollution total quantity of releases reported has been particular chemicals or uses like we prevention? much larger than expected, the Inventory have with CFC's. We could tax chemi The Pollution Prevention Act passed has prompted commitments by facility own cal production, uses or releases-a step by the Congress in 1990 puts the empha ers and operators and actions by the States also applied to CFC's with stunning sis on source reduction, measures like and by the Federal Government to reduce re pollution prevention results. good housekeeping, process changes leases and the associated threats in the near term. Of all those options, industry prefers and product reformulations that avoid (2) Notwithstanding such benefits, the full the voluntary, facility-by-facility plan the production of wastes altogether. potential of the Toxics Release Inventory ning process for obvious reasons. The In recent months, a new tier for the has not been realized. Many toxic chemicals bill I am introducing today has a sec hierarchy has caught the public's posing substantial health and environmental ond title that requires pollution pre imagination. It is toxic use reduction. threats as the result of releases are not on vention planning by each facility sub Not only should our industrial facili the list for which reporting is required. ject to section 313. The goals of the ties avoid making a waste, they should Many facilities outside the manufacturing plan will be voluntarily set by the fa also avoid using toxic substances when sector of the economy have substantial re ever possible. In addition to the pollu leases of listed and other toxic chemicals but cility, but must be publicly announced. are not required to report. Many facilities Specific methods, measures and time tion prevention advantages, toxics use releasing toxic chemicals and now covered tables will be reported to the States. reduction can also reduce risks to by the reporting requirements do not comply Annual updates on progress will also be workers, consumers, and communities with the law. Although the Administrator of required. that can be affected by catastrophic the Environmental Protection Agency has The pollution prevention planning re spills of chemicals in commerce. To me authority to expand the Toxics Release In quirement in my bill might be called there is a great deal of appeal in a ventory by listing other toxic chemicals and pledge and review. Each facility will management hierarchy that starts requiring additional facilities to report, this authority has not been adequately exercised. make a voluntary pollution prevention with toxics use reduction as the first Congress should now strengthen and improve pledge to its home community. And priority. the Toxics Release Inventory by listing addi over a 3-year period the facility will But it is not quite so appealing to a tional chemicals, by requiring reports from have to update the community on its company whose products are industrial facilities in additional industrial categories progress. chemicals listed under section 313. and by enhancing the enforcement authori If this kind of pledge and review ap They don't look at a plan that reduces ties of the Federal Government and the proach to pollution prevention is going their marketable outputs as an unmiti States. to work, the community needs to have gated public benefit. (3) The Congress, Federal agencies and the a fair chance to determine whether the In fact, many in industry see recy State have long recognized a hierarchy for the management of production byproducts voluntary goal set by the facility is cling and even treatment as equally ap that become hazardous and solid wastes. reasonable. That determination can propriate pollution prevention endeav Wherever feasible, the generation of such by only be made, if materials accounting, ors in some circumstances. So, we will products should be reduced or eliminated at input and output information on the have a debate on that-the definition the source. Byproducts that are nevertheless toxic chemicals used at the facility, is of pollution prevention. generated should be recycled consistent with available. In the bill I am introducing, pollu the protection of human health and the envi If industry says no to materials ac tion prevention has a new and mixed ronment. Waste that cannot be recycled counting reports in 1992, as it did to definition. Pollution prevention is de should be treated to reduce volume and tox fined to include toxic use reduction, icity. Waste that is disposed should be man mass-balance reports in 1986, then aged to prevent any threat to human health Congress cannot rely on voluntary source reduction, and in-process recy and the environment now and in the future. plans as the foundation for . pollution cling. Pollution prevention plans may This hierarchy should now be augmented to prevention. We would have to look at include elements of all three, but the recognize toxic use reduction as the first pri industrywide standards or taxes or au bill encourages each facility to look for ority. In addition to reducing the threat to dits instead. ways to move up the hierarchy to re human health and the environment resulting Public availability of materials· ac duce risks to workers, consumers, com from r13leases of byproducts as hazardous and counting data is a necessary founda munities, and the environment. solid waste, toxic use reduction also protects tion for a pledge and review approach Mr. President, I would ask that the workers, consumers and the communities in which production facilities are located from to pollution prevention. They go hand text of the bill be printed in the the risks associated with toxic chemicals in in hand. That's the bottom line. RECORD. commerce. The pollution prevention goals for There being no objection, the bill was (4) Pollution prevention includes toxic use each plan will be up to the facility. I ordered to be printed in the RECORD, as reduction, source reduction and in-process recognize that facilities have already follows: recycling that is integral to a production made varying levels of effort and na s. 2360 process or activity. Opportunities to reduce tionwide goals would not be fair to Be it enacted by the Senate and House of Rep the toxic chemical threat to human health those who made an early start. resentatives of the United States of America in and the environment through pollution pre I also understand that we will not get Congress assembled, vention are substantial, but often unrecog SHORT TITLE nized or unrealized by facility owners and good, aggressive plans if we apply pen operators. In addition to reducing such alties to those who fail to meet their SECTION 1. This Act may be cited as the threats, pollution prevention is typically as own goals. Everybody would shoot low, "Toxics Release and Pollution Prevention sociated with improved production effi if a penalty was attached to failure in Act of 1992". ciencies that save money and enhance com a pledge and review system. FINDINGS petitiveness. The Federal Government and Mr. President, I would address one SEC. 2. The Congress finds that: the States should i>lay an active role in fa final item with respect to this bill, and (1) The Toxics Release Inventory estab cilitating pollution prevention. In many lished by section 313 of the Emergency Plan cases pollution prevention will prove more that is the issue of toxics use reduc ning and Community Right-to-Know Act of effective and efficient than traditional pollu tion. For many years, the Congress has 1986 (42 U.S.C. 11023) provides substantial tion control measures directed toward the supported the vision reflected in the public benefit. Broad dissemination of infor same goals. waste management hierarchy of the mation from the Inventory has increased cit (5) At the present time there is great varia Resource Conservational and Recovery izen awareness and understanding of the bility in the capacity of individual facility March 17, 1992 CONGRESSIONAL RECORD-SENATE 5849 owners and operators to achieve reductions ing fugitive emissions, process residues, or "(3) LISTING OF ADDITIONAL FACILITIES. in the use, generation and release of toxic other nonproduct outputs that result from Not later than 24 months after the date of chemicals through pollution prevention. any manufacturing, extraction, servicing or enactment of the Community Right-to-Know Federal agencies and the States are not now other processing, including pollution con More Act of 1992, the Administrator shall in a position to mandate the use of particu trol, or use of materials) that enters a waste propose additions to the list of facilities sub lar pollution prevention measures or to pre stream or is otherwise released to the envi ject to this section including on such list fa scribe the attainment of pollution preven ronment from a production unit prior to re cilities in each Standard Industrial Classi tion performance standards for particular in cycling, treatment, disposal, handling or re fication Code which present a threat of ad dustries. For the near term, pollution pre lease. verse effects to human health or the environ vention initiatives conducted by government "(v) The term 'source reduction• means ment as the result of the use or release of agencies must be based on pollution preven any practice which- toxic chemicals from facilities grouped tion plans prepared by the owners and opera "(!) reduces the amount of any hazardous under that Code comparable to the threats tors of industrial facilities and reflecting substance, pollutant, or contaminant enter presented by facilities grouped under Codes this variability. Pollution prevention plans ing any waste stream or otherwise released listed in paragraphs (1) and (2). The Adminis should contain voluntary pledges for pollu into the environment (including fugitive trator shall promulgate such additions not tion prevention for each significant produc emissions) prior to recycling, treatment or later than the date 36 months after the date tion unit or activity at a facility reflecting disposal; and of enactment of the Community Right-to the hierarchy of toxic use reduction, source "(II) reduces the threat to public health and the environment associated with the re Know More Act of 1992 and the owner or op reduction and in-process recycling. The goals lease of such substances, pollutants- or con erator of each facility covered by the addi and measures pledged in such plans should be taminants. tions shall begin reporting under this section available for public review and comment. for the calendar year 1997.". (6) To assure that the public is able to ef The term includes equipment or technology (e) Section 313(b)(4) of the Emergency fectively review and comment on the goals modifications, process or procedure modi Planning and Community Right-to-Know and measures pledged in pollution preven fications, reformulation or redesign of prod Act of 1986 (42 U.S.C. 11023(b)(4)), as redesig tion plans, the Toxics Rele.ase Inventory ucts, substitution of raw materials, and im nated by subsection (d), is amended by in should be expanded to include materials ac provements in housekeeping, maintenance, serting "or releases" after "that manufac counting data for covered facilities and in training, or inventory control. The term turers, processes, or otherwise uses". formation on toxic chemical use and byprod does not include any practice which alters (f) Section 313(b) of the Emergency Plan uct generation for significant production the physical, chemical, or biological charac ning and Community Right-to-Know Act of units within such facilities. This information teristics or the volume of a hazardous sub 1986 (42 U.S.C. 11023(b)) is amended by adding can be shared with the public through the stance, pollutant, or contaminant through a at the end thereof the following new para Toxics Release Inventory and in plan sum process or activity which itself is not inte graph: maries and progress reports that do not com gral to and necessary for the production of a "(5) PRESIDENT EXEMPTION.-The President product or the providing of a service.". promise trade secrets entitled to protection (d) Section 313(b) of the Emergency Plan may exempt any facility of any department, under Federal law. ning and Community Right-to-Know Act of agency or instrumentality in the executive TITLE I-COMMUNITY RIGHT-TO-KNOW 1986 (42 U.S.C. 11023(b)) is amended: (1) by branch from compliance with the require MORE striking "that are in" in paragraph (l)(A) ments of this section, if the President deter and inserting in lieu thereof "that conduct mines it to be in the paramount interest of SHORT TITLE the United States to do so. Any exemption SEC. 101. This title may be cited as the any portion of their business in"; and (2) by redesignating paragraph (2) as paragraph (4) shall be for a period not to exceed one year, "Community Right-to-Know More Act of but additional exemptions may be granted if 1992". and by adding the following new paragraphs after paragraph (1): the President makes a new determination. TOXICS RELEASE INVENTORY "(2) Beginning with reports filed for cal The President shall report each January to SEC. 102. (a) Section 313(a) of the Emer endar year 1993, the requirements of this sec the Congress all exemptions from the re gency Planning and Community Right-to tion shall also apply to owners and operators quirements of this section granted during Know Act of 1986 (42 U.S.C. 11023(a)) is of facilities that have 10 or more full-time the preceding year, together with the Presi amended by: (1) inserting "or released" after employees and- dent's reason for granting each such exemp "was manufactured, processed or otherwise "(A) that conduct any portion of their tion.". used"; (2) striking "quantity" and inserting business in Standard Industrial Classifica (g) Section 313(c) of the Emergency Plan in lieu thereof "quantities"; and (3) striking tion Codes 0782 (lawn fertilizing services). 10 ning and Community Right-to-Know Act of "releases" and inserting in lieu thereof through 14 (mining, mineral and oil and gas 1986 (42 U.S.C. 11023(c)) is amended to read as "toxic chemical uses, releases and other in extraction), 172 (painting and paper hang follows: formation". ing), 40 (railroad transportation), 42 (motor "(c) TOXIC CHEMICALS COVERED.- (b) Section 313(b)(l)(A) of the Emergency freight transportation and warehousing), 44 "(l) IN GENERAL.-The toxic chemicals sub Planning and Community Right-to-Know (water transportation), 45 (air transpor ject to the requirements of this section are: Act of 1986 (42 U.S.C. 11023(b)(l)(A) is amend tation), 46 (pipelines), 49 (electric, gas and "(A) those chemicals on the list in Com ed by: (1) inserting "or released" after "that sanitary services), 505 (metals and minerals mittee Print Number 99-169 of the Senate manufactured, processed, or otherwise used"; (except petroleum) wholesaling), 507 (plumb Committee on Environment and Public and (2) by striking "quantity" and inserting ing and heating equipment and supplies Works, title "Toxic Chemicals Subject to in lieu thereof "quantities". wholesaling), 508 (machinery, equipment and Section 313 of the Emergency Planning and (c) Section 313(b)(l)(C) of the Emergency supplies wholesaling), 516 (chemicals and al Community Right-to-Know Act of 1986" (in Planning and Community Right-to-Know lied products wholesaling), 517 (petroleum cluding any revised version of the list as Act of 1986 (42 U.S.C. 11023(b)(l)(B)) is amend and petroleum products wholesaling), 5191 may be made pursuant to subsection (d) or ed by: (farm s"Q.pplies wholesaling), 5198 (paints, var (e)); (1) adding at the end of clause (ii) the fol nishes and supplies wholesaling), 721 (laun "(B) all class I and class II substances list lowing: dry, cleaning and garment services), 7342 (ex ed pursuant to title VI of the Clean Air Act "The term 'process' shall also include the terminating services), 7384 (photo finishing), (42 U.S.C. 7671 et seq.); use of any toxic chemical as a fuel to recover 7389 (solvent recovery), 7532 (auto body and "(C) for calendar years beginning with 1993, heat or energy or to combust a toxic chemi paint shops), 7623 (air conditioning and re those chemicals listed by the Administrator cal for the purposes of treatment or disposal frigeration repair), 806 (hospitals), 807 (medi pursuant to paragraph (2)(A); and or for any other purpose."; and cal and dental laboratories), 822 (colleges, "(D) for calendar years beginning with (2) adding at the end thereof the following universities, professional schools, and junior 1995, those chemicals listed by the Adminis new clauses: colleges), 824 (vocational schools), 8734 (test trator pursuant to paragraph (2)(B). "(iii) The term 'production unit' means a ing laboratories), and 9223 (correctional fa "(2) ADDITIONAL LISTING.-Not later than production line, method, activity, or tech cilities); September 1, 1992 the Administrator shall nique, or combination or series thereof, "(B) that have combustion units (other propose a revision of the list established pur which is integral to and necessary for the than units operated principally to heat suant to paragraph (1) (A) and (B) which production of a product including storage of buildings at the facility and fueled with nat would add 250 toxic chemicals to such list. raw materials, maintenance, and finished ural gas or petroleum products) with a heat The toxic chemicals proposed for addition goods handling, and does not include any input capacity exceeding 25 million Btu per under this paragraph shall be the 250 chemi waste management activities or out-of-proc hour for any unit or group of units located at cals which, considering the factors outlined ess recycling. the facility; and in subsection (d), present the greatest threat "(iv) The term 'byproduct' means any "(C) that are facilities owned or operated to human health and the environment as the toxic chemical other than a product (includ- by the Federal Government. result of use at or release from facilities sub- 5850 CONGRESSIONAL RECORD-SENATE March 17, 1992 ject to the requirements of this section. (i) Section 313(d)(3) of the Emergency Plan lowing categories, unless the Administrator Such list shall be divided into- ning and Community Right-to-Know Act of finds other categories more appropriate "(A) the 100 toxic chemicals in the group of 1986 (42 U.S.C. 11023(d)(3)) is amended by "(!)equipment, technology, process or pro- 250 presenting the greatest threat to human striking "not sufficient evidence to establish cedure modifications; health or the environment as the result of any of the criteria described in paragraph "(ii) reformulation or redesign of products; release or use; and (2)" and inserting in lieu thereof "sufficient "(iii) substitution of raw materials; "(B) the remaining 150 toxic chemicals in evidence that the effects described by the "(iv) improvement in management, train cluded on the list. criteria in paragraph (2) are not estab ing, inventory control, materials handling, The Administrator shall promulgate addi lished." or other general operational phases of indus tions to the list established under paragraph (j) Section 313(f)(l) of the Emergency Plan trial facilities. (1) meeting the requirements of this para ning and Community Right-to-Know Act of "(D) The amount expected to be reported graph not later than 270 days after the date 1986 (42 U.S.C. 11023(f)(l)) is amended by add under subparagraphs (A) and (B) for the two of enactment of the Community Right-to ing at the end thereof the following new sub calendar years immediately following the Know More Act of 1992. paragraph: calendar year for which the report is filed. "(3) If the Administrator fails to propose (C) The Administrator is authorized to es Such amount shall be expressed as a percent the additions required by paragraph (2) prior tablish additional thresholds for reporting age change from the amount reported under to September 1, 1992, then the list estab under this section based on the amount of subparagraphs (A) and (B). lished by paragraph (1) (A) and (B) shall be any toxic chemical or chemicals released to "(E) A ratio of production in the reporting modified by operation of law to include each the environment or transferred offsite from year to production in the previous year. The of the following substances- any facility. Thresholds established under ratio should be calculated to most closely re "(A) priority pollutants listed under regu this subparagraph shall reflect the relative flect all activities involving the toxic chemi lations relating to steam electric power risk of adverse health or environmental ef cal. In specific industrial classifications sub point source pollutants under the Federal fects which may be associated with the re ject to this section, where a feedstock or Water Pollution Control Act (33 U.S.C. 1311 lease of the toxic chemical or chemicals for some variable other than production is the et seq.) (as listed in Appendix A of section which a threshold is established and shall be primary influence on waste characteristics 423 of title 40, Code of Federal Regulations, consistent with the goals and requirements or volumes, the report may provide an index subject to any subsequent modifications of of this Act. The Administrator shall, not based on that primary variable for each toxic the list); later than 18 months after the date of enact chemical. The Administrator is encouraged "(B) hazardous waste identified and listed ment of this subparagraph, report to the to develop production indexes to accommo under regulations promulgated under the Congress with respect to the Administrator's date individual industries for use on a vol Solid Waste Disposal Act (42 U.S.C. 6901 et implementation of the authority established untary basis. seq.) (as listed in Appendix A of sections by this subparagraph including in such re "(F) The techniques which were used to 261.33(e), 261.33(0, and Appendix VIII of part port release and transfer thresholds which identify source reduction opportunities. 261 of title 40, Code of Federal Regulations, the Administrator intends to propose for Techniques listed should include, but are not subject to any subsequent modifications of various toxic chemicals.". limited to, employee recommendations, ex such lists); (k) Section 313(0(2) of the Emergency ternal and internal audits, participative "(C) any chemical or chemical category Planning and Community Right-to-Know team management, and material balance au listed under section 112(b)(l). 112(r)(3), 602(a) Act of 1986 (42 U.S.C. 11023(f)(2)) is amended dits. Each type of source reduction listed or 602(b) of the Clean Air Act (42 U.S.C. by: (1) inserting "uses or" before "releases"; under subparagraph (C) should be associated 7412(b)(l), 7412(r)(3), 767l(a), and 767l(b)); and (2) adding at the end thereof the follow with the techniques or multiples of tech "(D) any pesticide (as defined in section ing new sentences: niques used to identify the source reduction 2(u) of the Federal Insecticide, Fungicide, "Any release threshold established under technique. and Rodenticide Act (7 U.S.C. 136u))- authority of this subsection shall not super "(G) The amount of any toxic chemical re "(i) with respect to which the registration sede the thresholds established by para leased into the environment which resulted has been denied, canceled (including vol graphs (l)(A) or (l)(B). Any authorized State from a catastrophic event, remedial action, untary cancellation following the special re may establish threshold amounts lower than or other one-time event, and is not associ view process, as described in part 154 of title the amounts in paragraph (1) for facilities in ated with production processes during the re 40, Code of Federal Regulations) or is under its jurisdiction.". porting year. suspension; (1) Section 313(g) of the Emergency Plan "(H) The amount of each toxic chemical "(ii) that is undergoing special review (as ning and Community Right-to-Know Act of from the facility which is treated (at the fa described in clause (i)) or is undergoing other 1986 (42 U.S.C. 11023(g)) is amended by redes cility or elsewhere) during such calendar administrative review (including for can ignating paragraph (2) as paragraph (4) and year and the percentage change from -the cellation of use pursuant to section 6 of the by inserting the following new paragraphs previous year. Federal Insecticide, Fungicide, and after. paragraph (1): For the first year of reporting under this Rodenticide Act (7 U.S.C. 136d)); or (2) SOURCE REDUCTION.-The Administrator paragraph, comparison with the previous "(iii) that is classified as a restricted use shall modify the toxic chemical release form year is required only to the extent such in pesticide under section 3(d)(l) of such Act (7 for facilities covered by this section to re formation is available. U.S.C. 136a(d)(l)). quire that the following information (in ad "(3) MATERIALS ACCOUNTING INFORMATION. "(E) contaminants identified in section dition to information required by paragraph "(A) Not later than 270 days after the date 1412(b)(l) of the Safe Drinking Water Act (42 (1)) be reported for each toxic chemical listed of enactment of the Community Right-to U.S.C. 300g-1) and for which maximum con pursuant to subsection (c) beginning for cal Know More Act of 1992, the Administrator taminant levels have been proposed or pro endar year 1992- shall modify the uniform toxic chemical re mulgated; "(A) The quantity of the toxic chemical lease form for facilities covered be this sec "(F) chemicals identified by the Carcino entering any waste stream (or otherwise re tion to require that the following informa gen Assessment Group of the Environmental leased to the environment) prior to recy tion (in addition to the information required Protection Agency, the International Agen cling, treatment or disposal during the cal by paragraphs (1) and (2)) be reported begin cy for Research on Cancer, or the National endar year for which the report is filed and ning with calendar year 1994 for each toxic Toxicology Program as known or probable the percentage change from the previous chemical listed pursuant to subsection (c) human carcinogens; year. The quantity reported shall not include and for each facility subject to the require "(G) extremely hazardous substances listed any amount reported under subparagraph ments of this section- pursuant to section 302(a)(2) of this Act (42 (G). When actual measurements of the quan "(i) a compilation of annual input, accu U.S.C. 11002(a)(2)); and tity of a toxic chemical entering the waste mulation, and output quantities of each "(H) chemicals listed in 90 California Regu streams are not readily available, reasonable toxic chemical at the facility, including the latory Notice Register 990 (July 1990) as re estimates should be made on the best engi quantities produced, used, generated as by productive toxins.". neering judgment. product, consumed, recycled onsite but out (h) Section 313(d)(2) of the Emergency "(B) The amount of the chemical from the of-process, or transferred as a product or as Planning and Community Right-to-Know facility which is recycled (at the facility or a constituent in products (hereinafter re Act of 1986 (42 U.S.C. 11023(d)(2)) is amended elsewhere) during such calendar year, the ferred to as "materials accounting"); by striking "The number of chemicals in percentage change from the previous year, "(ii) for each of the production units at the cluded on the list described in subsection (c) and the process of recycling used. facility which in the aggregate account for on the basis of the preceding sentence may "(C) The source reduction practices used not less than 90 percent of the toxic chemi constitute in the aggregate no more than 25 with respect to each toxic chemical during cals used at the facility- percent of the total number of chemicals on such year at the facility. Such practices ' '(I) the amount of each toxic chemical the list.". shall be reported in accordance with the fol- used per unit of product; March 17, 1992 CONGRESSIONAL RECORD-SENATE 5851 "(Il) the amount of each toxic chemical representative all such documents or U.S.C. 11001 et seq.) is amended by striking generated as byproduct per unit of product; records, at the option and expense of such section 327 (42 U.S.C. 11047) and inserting in "(ID) the amount of each toxic chemical person. lieu thereof the following: present in the product per unit of product; "(3) ENTRY.-Any officer, employee, or rep "SEC. 327. GRANT PROGRAM. "(IV) a description of the production unit, resentative described in paragraph (1) is au "(a) IN GENERAL.- including the production process, product, thorized to enter at reasonable times- "(l) ESTABLISHMENT.-(A) The Adminis and unit of product; and "(A) any facility subject to the require trator shall establish a grant program to as "(V) the amount of product manufactured ments of this Act; or sist States, local governments, local emer (or otherwise created) and used, expressed as "(B) any other facility, establishment, or gency planning committees and State emer a range. other place or property owned or operated by gency response commissions (as described in "(iii) the three-year goals for pollution a person owning or operating a facility sub section 301) in carrying out the provisions of prevention at the production unit (as estab ject to the requirements of this Act where subtitles A, Band C of this Act. lished in the most recent pollution preven entry is needed to determine compliance "(B) The Administrator shall implement tion plan prepared pursuant to subtitle E of with and enforce this Act. the grant program under this section in a "(4) INSPECTION AND SAMPLES.- manner fostering coordination among the the solid Waste Disposal Act) including- "(A) Any officer, employee, or representa "(!) goals for the reduction in each amount various offices of the Environmental Protec reported under clauses (ii)(I), (ii)(Il) and tive described in paragraph (1) is authorized tion Agency having responsibility for carry (ii)(III); and to inspect and obtain samples from any facil ing out the provisions of this Act (including "(II) goals for the reduction in the amount ity subject to the requirements of this Act or the Office of Pesticides and Toxic Substances of each toxic chemical manufactured, proc other location described in paragraph (3). and the Office for Solid Waste and Emer Any such officer, employee or representative gency Response) and the Administrator shall essed, or otherwise used and generated as by is authorized to inspect and obtain samples product at the facility. assure that the grant program established "(B) For any calendar year prior to the of any containers of toxic chemicals or other under this section shall be implemented in calendar year 1997, the Administrator may materials maintained at such facility. Each coordination with State emergency response such inspection shall be completed with rea commissions. by rule limit the applicability of paragraphs sonable promptness. "(2) APPLICATIONS.-(A) Not later than six (A)(ii) and (A)(iii) to- "(B) SAMPLES.-If the officer, employee or months after the date of enactment of this "(1) the 20 toxic chemicals with the largest representative obtains samples, before leav section, the Administrator shall accept ap reported releases (aggregated for all media) ing the premises such officer, emptoyee or plications for grants under this section. for calendar year 1991; representative shall give to the owner or op "(B) The Administrator shall make a de "(ii) facilities in Standard Industrial Clas erator of such facility a receipt describing termination on a grant application not later sification Codes 20 through 39; or the sample obtained and, if requested, a por than 45 days after the Administrator re "(iii) facilities owned or operated by enti tion of each sample. A copy of the results of ceives the application. ties other than entities which are small busi any analysis made of such samples shall be "(b) GRANT REQUffiEMENTS.- ness concerns as defined in the Small Busi furnished promptly to the owner or operator "(l) DISTRIBUTION.-The Administrator ness Act.''. of the facility. ·shall ensure that States shall make available (1) Section 313(h) of the Emergency Plan "(5) COMPLIANCE ORDERS.- to local governments or local emergency ning and Community Right-to-Know Act of "(A) ISSUANCE.-If consent is not granted planning committees (as described in sub 1986 (42 U.S.C. 11023(h)) is amended by insert regarding any request made by an officer, section (a)) an amount equal to 75 percent of ing "the uses of toxic chemicals at covered employee or representative under paragraph the amount of the grant to the State under facilities and" before "release of toxic (2), (3) or (4), the Administrator may issue an this section for the purposes of assisting chemicals to the environment". order directing compliance with the request. local governments and local emergency plan (m) Subsections (k) and (1) of section 313 of The order may be issued after such notice ning committees in carrying out the provi the Emergency Planning and Community and opportunity for consultation as is rea sions of subtitles A, Band C. Right-to-Know Act of 1986 (42 U.S.C. 11023(k) "(2) MATCHING.-(A) The amount of any sonably appropriate under the cir grant awarded under this section shall not and 11023(1)) are repealed. cumstances. INFORMATION GATHERING AND ACCESS "(B) COMPLIANCE.-The Administrator may exceed an amount equal to 80 percent of the ask the Attorney General to commence a cost of carrying out the activities authorized SEC. 103. Section 325 of the Emergency under the grant program. The Administrator Planning and Community Right-to-Know civil action to compel compliance with a re quest or order referred to subparagraph shall not require any State to match any Act of 1986 (42 U.S.C. 11045) is amended by in grant awarded under this section in an adding at the end thereof the following new (A). Where there is a reasonable basis to be amount that exceeds 50 percent of the cost of subsection: lieve there may be a violation of this Act, carrying out the activities authorized under "(g) INFORMATION GATHERING AND AC the court shall take the following actions: the grant program. CESS.- "(i) In the case of interference with entry "(B) The remaining percentage of such "(1) ACTION AUTHORIZED.-Any officer, em or inspection, the court shall enjoin such in costs shall be funded from non-Federal ployee or representative of the Adminis terference or direct compliance with orders sources. Such sources may include amounts trator is authorized to take action under to prohibit interference with entry or inspec appropriated by the State for State activi paragraph (2), (3) or (4) (or any combination tion unless under the circumstances of the ties or to finance activities of local govern thereof) at any facility subject to the re case the demand for entry or inspection is ments or local emergency planning commit quirements of this Act or other location de arbitrary and capricious, an abuse of discre tees carrying out subtitles A, Band C. scribed in paragraph (3) or (4). Any duly des tion, or otherwise not in accordance with "(3) CRITERIA.-The Administrator shall ignated officer, employee or representative law. · award grants under this section in propor of a State carrying out the provisions of this "(ii) In the case of information or docu tion to State and local needs, as measured by Act is also authorized to take such action. ment requests or orders, the court shall en such factors as the extent to which chemical "(2) ACCESS TO INFORMATION.-Any officer, join interference with such information or substances and mixtures are manufactured, employee, or representative of the Adminis document requests or orders or direct com processed, used, and disposed of in a State, trator or a State described in paragraph (1) pliance with the requests or orders to pro the extent of potential exposure in a State of may require any person who has or may have vide such information or documents unless human beings and the environment to chem information relevant to the identification, under the circumstances of the case the de ical substances and mixtures, and the popu- nature and quantity of materials including mand for information or documents is arbi . lation of the State. The Administrator shall hazardous substances, extremely hazardous trary and capricious, an abuse of discretion, assure that State awards to localities or substances, toxic chemicals or other mate or otherwise not in accordance with law. local emergency planning committees are in rials covered by this Act which may have The court may assess a civil penalty not to proportion to local needs as measured by fac been used, generated, treated, stored, dis exceed $10,000 for each day of noncompliance tors similar to those described in the preced posed at or released or transferred from a fa against any person who unreasonably fails to ing sentence, including such factors as pres cility subject to the requirements of this Act comply with the provisions of paragraph (2), ence of substances, extent of potential expo to furnish, upon reasonable request, informa (3) or (4) or an order issued pursuant to sub sure and population. tion or documents pertaining to such mat paragraph (A) of this paragraph. "(d) AUTHORIZATION.-There are authorized ter. In addition, upon reasonable notice, such "(6) OTHER AUTHORITY.-Nothing in this to be appropriated to the Administrator for person either (A) shall grant any such offi subsection shall preclude the Administrator the purpose of carrying out this section $12 cer, employee or representative access at all or a State from securing access or obtaining million for each of the fiscal years 1992 reasonable times to such facility or location information in any other lawiul manner.". through 1996.". to inspect and copy all documents and GRANT PROGRAM DEFINITION OF PERSON records relating to such matters or (B) shaU SEC. 104. The Emergency Planning · and SEC. 105. Section 329 of the Emergency cppy and furnish to the officer, employee or Community Right-to-Know Act of 1986 (42 Planning and Community .Right-to-Know 5852 CONGRESSIONAL RECORD-SENATE March 17, 1992 Act of 1986 (42 U.S.C. 11049) is amended by in "(b) NATIONAL POLICY.-The Congress es formulation or redesign of products, substi serting "Federal agency," after "associa tablishes the following hierarchy for the tution of raw materials, and improvements tion,". management of hazardous and solid wastes in housekeeping, maintenance, training or REPORTING METHODS and other materials generated as byproducts inventory control. of industrial and commercial processes. The "(B) The term "toxics use reduction" does SEC. 106. (a) The Administrator shall con hierarchy shall be implemented under this not include (i) waste management activities duct a study of methods for encouraging the Act in a manner consistent with the protec or any other practice which alters the phys reporting of information under section 313 of tion of human health and the environment. ical, chemical, or biological characteristics, the Emergency Planning and Community Pollution prevention is the highest priority or the volume, of a toxic chemical through a Right-to-Know Act of 1986 (42 U.S.C. 11023) and includes toxic use reduction, source re process or activity which itself is not inte through the use of computer telecommuni duction and in-process recycling. Wherever gral to and necessary for the production of a cation and other means. Such study shall feasible, wastes should be eliminated product or the providing of a service, or (ii) identify methods to- through changes in raw materials, produc the use of byproduct as product. (1) increase the rate at which such infor tion technologies and methods, products, or "(8) The term "in-process recycling" mation is made available to the public; services to reduce the volume and toxicity of means a process whereby materials are- (2) improve the accuracy of such informa such wastes at the source. Wastes that are "(A) returned to the original process or tion; generated should be recycled consistent with processes from which they were generated; (3) improve public accessibilty to such in the production of human health and the en and formation; and (4) enhance the overall efficiency of the in vironment. Wastes that cannot be recycled "(B) reused in the production process in formation reporting and collection process. should be treated to reduce volume and tox the following manner- (b) Not later than 12 months after the date icity. Wastes that are disposed should be "(i) the process, through completion of rec of enactment of this Act, the Administrator managed to prevent any threat to human lamation, is enclosed by being entirely con shall submit a report of the findings of the health or the environment now and in the fu nected with pipes or other comparable en study described in subsection (a) and plans ture.". closed means of conveyance; and for implementing methods to improve re POLLUTION 'PREVENTION "(ii) the materials are stored in tanks and porting to the appropriate committees of the SEC. 203. (a) The title of subtitle E of the containers and are used or reused within Congress. Solid Waste Disposal Act is amended to read: twelve months. "(9) The term "recycling" or "recycle" TECHNOLOGY FOR PROVIDING INFORMATION "Subtitle E-Pollution Prevention". means any use, reuse, or reclamation of solid SEC. 107. (a) Not later than 12 months after (b) Sections 5001 through 5006 of the Solid waste or other material for any purpose but the date of enactment of this Act, the Direc Waste Disposal Act are redesignated as sec does not include: tor of the Office of Technology Assessment tions 6010 through 6015 in part B of subtitle "(A) placement of any material that would (hereinafter in this section referred to as the F. otherwise be a hazardous waste on the land; "Director") shall, in consultation with the (c) Subtitle E of the Solid Waste Disposal "(B) incineration for energy recovery; Administrator, conduct and complete a Act is amended by adding the following new "(C) speculative accumulation of material study of all matters relating to the provision section: that would otherwise be a hazardous waste; to the public of toxic release inventory infor ''SHORT TITLE "(D) the treatment of hazardous waste mation described in section 313 of the Emer "SEC. 5001. This subtitle may be cited as prior to use, reuse or reclamation; or gency Planning and Community Right-to the "Pollution Prevention Act".". "(E) the use, reuse or reclamation of mate Know Act of 1986 (42 U.S.C. 11023) (herein (d)(l) Subtitle E of the Solid Waste Dis rials in a manner constituting disposal. after in this section referred to as "toxics re posal Act is amended by redesignating sec "(10) The term "byproduct" means any lease information"). tion 6002 of the Pollution Prevention Act of toxic chemical (including fugitive emissions, (b) The study conducted by the Director 1990 (Public Law 101-508) as new section 5002. process residues, or other nonproduct out shall include the following: (2) Section 5002 of the Solid Waste Disposal puts that result from any manufacturing, ex (1) A rev.iew of the methods by which Act, as redesignated by paragraph (1), is traction, servicing or other processing, in toxics release information is made available amended by: cluding pollution control, or use of mate to the public, with a concentrated emphasis (A) striking "source reduction" wherever rials) other than a product that enters a on the computer data base described in sec it occurs and inserting "pollution preven waste stream or otherwise is released to the tion 313(j) of the Emergency Planning and tion" in lieu thereof; and environment from a production unit prior to Community Right-to-Know Act of 1986 (42 (B) striking subsection (a)(5). recycling, treatment, disposal, handling, or u.s.c. 11023(j)). (e)(l) Subtitle E of the Solid Waste Dis release. (2) A review of the efficacy and cost-effec posal Act is amended by redesignating sec "(11) The term "facility" means all build tiveness of each method described in para tion 6003 of the Pollution Prevention Act of ings, equipment, structures, and other items graph (1). 1990 (Public Law 101-508) as new section 5003. which are located on a single site or contig (3) The development of recommendations (2) Section 5003 of the Solid Waste Disposal uous or adjacent sites and which are owned for more effective means to disseminate Act, as redesignated by paragraph (1), is or operated by the same person or by a per toxics release information, and to promote amended by: son which controls, is controlled by, or is ease of public access to such information. (A) striking subsections (1) and (2); under common control with such person. (4) The development of recommendations (B) redesignating subsections (3) through "(12) The term "production unit" means a for alternatives to basing the publicly acces (7) as subsections (1) through (5), respec- production line, method, activity, or tech sible data base in the T.0.X.N.E.T. system of tively; and · nique, or combination or series thereof, the National Library of Medicine. (C) by adding the following new sub which is integral to and necessary for the (c) Upon completion of the study described sections: production of a product including storage of in subsection (a), the Director shall submit "(6) The term "pollution prevention" raw materials, maintenance, and finished to the Administrator and to the appropriate means-- goods handling, and does not include any committees of the Congress a report contain "(!) toxic use reduction; waste management activities or out-of-proc ing a detailed statement of the findings and "(ii) source reduction; or ess recycling. conclusions of the study, together with such "(iii) in-process recycling. "(13) The term "materials accounting" recommendations for such regulations and "(7)(A) The term "toxic use reduction" means a compilation of the annual input, ac administrative actions as the Director, in means any change in a practice, process, or cumulation, and output quantities of each consultation with the Administrator of the activity involved in a facility or a produc toxic chemical at a facility or production Environmental Protection Agency, considers tion unit at a facility that reduces or elimi unit, including quantities produced, used, appropriate to make improvements in the nates the use of any toxic chemical, or the generated as byproduct, consumed, recycled provision of toxics release information to amount of any toxic chemical entering any onsite but out-of-process, transferred as the public. waste stream, or otherwise released to the product, or transferred as constituents in 'l'ITLE II-POLLUTION PREVENTION environment (including fugitive emissions products.''. SHORT TITLE and hazardous secondary materials), prior to (f)(l) Subtitle E of the Solid Waste Dis recycling, treatment, disposal, handling, or posal Act is amended by redesignating sec SEC. 201. This title may be cited as the tion 6004 of the Pollution Prevention Act of "Pollution Prevention Act of 1992". release, without creating or increasing the threat of adverse health effects for the pub 1990 (Public Law 101-508) as a new section GOALS AND OBJECTIVES lic, workers, consumers or the threat of ad 5004. SEC. 202. Section 1003(b) of the Solid Waste verse effects to the environment. The term (2) Section 5004 of the Solid Waste Disposal Disposal Act (42 U.S.C. 6902(b)) is amended to includes equipment or technology modifica Act, as redesignated by paragraph (1), is read as follows: tions, changes in processes or procedures, re- amended by adding the following new sub- March 17, 1992 CONGRESSIONAL RECORD-SENATE 5853 section prior· to subsection (a) and by redes tion 6008 of the Pollution Prevention Act of tion unit covered by paragraph (2), includ ignating subsections (a) and (b) as sub 1990 as a new section 5007. ing- sections (b) and (c), respectively: (2) Section 5007 of the Solid Waste Disposal "(A) materials accounting; and "(a) IN GENERAL.-The Administrator, in Act, as redesignated by paragraph (1), is "(B) an assessment of the costs (including promulgating or issuing regulations, guid amended by: liabilities) associated with each toxic chemi ance or guidelines concerning any standard, (A) striking "section 4(b)" and inserting in cal used at or released or transferred from policy or other requirement, or in taking lieu thereof "section 5004(d)"; the facility and such production units; any other action under this Act; the Com (B) striking paragraphs (10 and (2) of sub "(4) an evaluation of options for reducing prehensive Environmental Response, Com section (b) and redesignating paragraphs (3) the use and byproduct generation of toxic pensation and Liability Act (42 U.S.C. 9601 et through (9) as paragraphs (1) through (7), re chemicals for each production unit covered seq.); the Toxic Substances Control Act (15 spectively; by paragraph (2), including- U.S.C. 2601 et seq.); the Clean Air Act (42 (C) striking "source reduction" wherever it "(A) a comprehensive search for pollution U.S.C. 7401 et seq.); the Federal Water Pollu occurs and inserting lieu thereof "pollution prevention options, including substitution of tion Control Act (33 U.S.C. 1251 et seq.); the prevention"; and raw materials, reformulation or redesign of Federal Insecticide, Fungicide and (D) striking "subtitle" in the first sen products, production unit modifications, im Rodenticide Act (7 U.S.C. 136 et seq.); the tence of subsection (a) and inserting in lieu provements in operation and maintenance, Safe Drinking Water Act (42 U.S.C. 300f et thereof "the Pollution Prevention Act of and in-process recycling, but not including seq.); the Emergency Planning and Commu 1990". waste management activities; nity Right-to-Know Act (42 U.S.C. 11001 et (k) Subtitle E of the Solid Waste Disposal "(B} a materials accounting and economic seq.); and the Marine Protection, Research Act is amended by redesignating section 6009 impact analysis of selected technically fea and Sanctuaries Act (33 U.S.C. 1401 et seq.), of the Pollution Prevention Act of 1990 (Pub sible options for the purposes of comparison whether to be implemented by the Adminis lic Law 101-508) as a new section 5008. with the results of paragraph (3); trator, any other Federal department, agen POLLUTION PREVENTION PLANS "(C) any feasibility study required by the Administrator pursuant to section 5011; cy or instrumentality, any State or munici SEC. 204. Subtitle E of the Solid Waste Dis pality, or any other person and each State "(5) a description and implementation (and political subdivision, thereof) with re posal Act is amended by adding the following schedule for the pollution prevention meas sponsibility for management of solid wastes new section at the end thereof: ures and activities that have been selected; under this Act, shall implement such au "POLLUTION PREVENTION PLANS "(6) an analysis of the extent to which the thorities giving pollution prevention consid "SEC. 5009. (a) IN GENERAL.-The owner or plan will reduce risk of adverse effects on erations the highest priority, consistent operator of each facility for which a toxic workers, consumers, the general public and with the purposes of this Act to protect chemical release form is required to be sub the environment and affect production effi human health and the environment and mitted pursuant to section 313 of the Emer ciencies including energy use; other requirements of Federal law. Nothing gency Planning and Community Right-to "(7) the results of any p9llution prevention in this section shall alter in any manner any Know Act of 1986 (42 U.S.C. 11023) shall peri audits that have been conducted for the fa otherwise legally applicable deadline or re odically prepare pollution prevention plans, cility or unit; and quirement established by law.". pollution prevention plan summaries, and "(8) for plans other than the first plan pre (3) Section 5004 of the Solid Waste Disposal pollution prevention plan progress reports pared under this section, a report on success Act, as redesignated by paragraph (1), is meeting the requirements of this section. at achieving past goals. amended by striking "source reduction" "(b) SCHEDULE.- "(d) CONTENTS OF SUMMARY.-Each plans wherever it occurs and inserting in lieu "(l) A pollution prevention plan shall be summary shall include for the facility as a thereof "pollution prevention". prepared for each such facility not less often whole and for each production unit for which (4) Section 5004(c) of the Solid Waste Dis than every three years beginning for the a plan is required: posal Act, as redesignated by paragraphs (1) third full calendar year after the date of en "(1) a description of the facility or unit; and (2), is amended by: actment of this section or the third full cal "(2) the three-year pollution prevention (A) redesignating paragraphs (8) through endar year after a facility is first subject to goals for the facility of the unit; (13) as paragraphs (7) through (12), respec the requirements of section 313 of the Emer "(3) a description of the techniques and tively; and gency Planning and Community Right-to measures that will be implemented to reach (B) adding ", Federal departments and Know Act of 1986 (42 U.S.C. 11023), whichever the goal; agencies, State departments and agencies, is later. The Administrator may phase in the "(4) such other information as the adminis local governments and non-profit institu planning requirement, provided that the ini trator shall require. tions" after "businesses" each time it ap tial pollution prevention plans for all facili "(e) CONTENTS OF PROGRESS REPORTS. pears. ties subject to the requirements of this sec Each plan progress report shall include for (g)(l) Subtitle E of the Solid Waste Dis tion be completed for the year not later than the facility as a whole and for each produc posal Act is amended by redesignating sec the seventh full calendar year after the date tion unit for which a plan is required the in tion 6005 of the Pollution Prevention Act of of enactment of this section. formation described in section 313(g)(3) of 1990 (Public Law 101-508) as a new section "(2) A pollution prevention plan summary the Emergency Planning and Community 5005. for each such facility shall be prepared ac Rig·ht-to-Know Act (42 U.S.C. 11023(g)). (2) Section 5005 of the Solid Waste Disposal cording to the same schedule for pollution "(f) GUIDELINES.-Not later than 24 months Act, as redesignated by subsection paragraph prevention plans set forth in paragraph (1). after the date of enactment of this section (1), is amended by: "(3) A pollution prevention plan progress and after notice and opportunity for public (A) striking "source reduction" wherever report for each such facility shall be pre comment, the Administrator shall publish it occurs and inserting in lieu thereof "pollu pared annually according to the schedule for guidelines for the preparation of pollution tion prevention"; and the submission of toxic release forms under prevention plans, pollution prevention plan (B) by inserting ", State departments and section 313 of the Emergency Planning and summaries and pollution prevention plan agencies, local governments, and non-profit Community Right-to-Know Act of 1986 (42 progress reports. institutions" after "businesses" each time it U.S.C. 11023), beginning for the first full cal "(g) AVAILABILITY OF PLANS, SUMMARIES appears. endar year after a pollution prevention plan AND REPORTS.- (h)(l) Subtitle E of the Solid Waste Dis has been prepared pursuant to paragraph (1). "(l) The pollution prevention plan for each posal Act is amended by redesignating sec "(c) CONTENTS OF PLAN.-Each plan shall facility shall be retained at the facility and tion 6006 of the Pollution Prevention Act of include- shall be available to the Administrator, the 1990 (Public Law 101- 508) as a new section "(1) a statement of management policy for State in which the facility is located and any 5006. pollution prevention; local government agency given authority by (2) Section 5006 of the Solid Waste Disposal " (2) pollution prevention goals for the sub the State to inspect the plans. Act, as redesignated by. paragraph (1), is sequent three-year period, including, as ap "(2) The pollution prevention plan sum amended by: propriate, toxic use reduction goals, source maries for each facility shall be submitted to (A) striking "source reduction" each time reduction goals and in-process recycling the Administrator, to the State in which the it appears and inserting "pollution preven goals for specific toxic chemicals used or facility is located and be made available to tion" in lieu thereof; and generated as byproducts at the facility for the public at the facility during normal busi (B) striking "6605" and inserting in lieu the facility as a whole and for each of those ness hours. thereof "5005". production units which in the aggregate ac " (3) The pollution prevention plan progress (i) Section 6007 of the Pollution Prevention count for not less than 90 percent of the reports for each facility shall be submitted Act of 1990 is repealed. toxic chemicals used at the facility; to the Administrator and to the State along (j)(l) Subtitle E of the Solid Waste Dis "(3) a current and projected analysis (over with the toxic release forms required under posal Act is amended by redesignating sec- the same three-year period) for each produc- section 313 of the Emergency Planning and 5854 CONGRESSIONAL RECORD-SENATE March 17, 1992 Community Right-to-Know Act of 1986 (42 "FEASIBILITY STUDIES trator or a State described in subsection (a) U.S.C. 11023) and shall be made available to SEC. 5011. (a) IN GENERAL.-The Adminis may require any person who has or may have the public at the facility during· normal busi trator may require the owner or operator of information relevant to the identification, ness hours. each facility in a particular industrial cat nature and quantity of materials including "(h) REVIEW AND MODIFICATION.- The Ad eg·ory or subcategory required to file a pollu toxic chemicals or other materials covered ministrator or a State may require the modi tion prevention plan under section 5009 to by this subtitle which may have been used, fication of pollution prevention plans and conduct a feasibility study with respect to- generated, treated, stored, disposed at or re pollution prevention plan summaries to cor "(1) the attainment of a specific pollution leased or transferred from a facility subject rect plan deficiencies. Any modification re prevention performance standard for the fa to the requirements of this subtitle to fur quired by the Administrator or a State shall cility or a production unit at the facility nish, upon reasonable request, information be completed by the owner or operator of the (which may be expressed as use or byproduct or documents pertaining to such matter. In facility not later than 90 days after the Ad generation of a toxic chemical per unit of addition, upon reasonable notice, such per ministrator or the State provides written no production); son either (1) shall grant any such officer, tice that such modification is necessary. "(2) the implementation of a particular employee or representative access at all rea "(i) TRAINING.-The Administrator may re pollution prevention measure at the facility sonable times to such facility or location to quire that persons preparing plans for each or at a production unit within the facility; inspect and copy all documents and records facility or for facilities in particular indus or relating to such matters or (2) shall copy and trial categories or subcategories receive "(3) the use of out-of-process recycling as a furnish to the officer, employee or represent training or attend seminars and workshops compliment to pollution prevention for fa ative all such documents or records, at the on the proper preparation of toxic release in cilities in such industrial category or sub option and expense of such person. ventories and pollution prevention plans and category. "(c) ENTRY.-Any officer, employee or rep on the pollution prevention measures that Any feasibility study required by the Admin resentative described in subsection (a) is au are available. The Administrator may con istrator under this subsection shall be con thorized to enter at reasonable times- tract with State or local government agen ducted according to a schedule established "(1) any facility subject to the require cies, with colleges and universities, or with by the Administrator and the results of such ments of this subtitle; other institutions for higher education and study shall be included in the subsequent "(2) any other facility, establishment, or research to provide training, seminars, and pollution prevention plan for the facility. other place or property owned or operated by workshops in the preparation of toxic release Nothing is this section shall be interpreted, any person owning or operating any facility inventories and pollution prevention plans construed or applied to authorize the Admin subject to this subtitle where entry is needed and on available pollution preveD:tion meas istrator to require that particular pollution to determine compliance with and enforce ures.''. prevention measures be implemented or that this subtitle. REPORTS pollution prevention performance standards "(d) INSPECTION AND SAMPLES.- SEC. 205. Subtitle E of the Solid Waste Dis be achieved at such facilities or units.". "(l) Any officer, employee or representa posal Act is amended by adding the following RESEARCH tive described in subsection (a) is authorized to inspect and obtain samples from any facil new section at the end thereof: SEC. 207. Subtitle E of the Solid Waste Dis "REPORTS ity subject to the requirements of this sub posal Act is amended by adding at the end title or other location described in sub "SEC. 5010. (a) POLLUTION PREVENTION RE thereof the following· new section: section (c). Any such officer, employee or PORTS.-The Administrator shall report to "POLLUTION PREVENTION RESEARCH representative is authorized to inspect and the President and to the Congress not less "SEC. 5012. The Administrator shall estab obtain samples of any containers of toxic often than every three years describing the lish a research program to assist the Agen chemicals or other materials maintained at pollution prevention plans that have been cy's Office of Pollution Prevention in per such facility. Each such inspection shall be prepared pursuant to section 5009. The report forming its functions. The program shall in completed with reasonable promptness. shall contain statistical information on pro clude- "(2) SAMPLES-If the officer, employee or duction efficiencies and pollution prevention "(a) basic research ~nto technological bar representative obtains samples, before leav plans for each industrial category or sub riers to reductions in the use of toxic chemi ing the premises such officer, employee or category containing facilities subject to the cals and byproducts and the development of representative shall give to the owner or op requirements of section 5009. strategies for overcoming these barriers; erator of such facility a receipt describing "(b) INDUSTRIAL SECTOR REPORTS.-The Ad "(b) basic research into social, economic the sample obtained and, if requested, a por ministrator shall, after consultation with ahd institutional barriers to reducing the re tion of each ~ample. A copy of the results of State and local officials and persons from in liance of society· on toxic chemicals and the any analysis made of such samples shall be dustry, academia and public interest organi development of strategies for overcoming furnished promptly to the owner or operator zations, periodically prepare reports with re these barriers; of the faclli ty. spect to specific industrial categories or sub "(c) developing, evaluating, and dem "(e) COMPLIANCE 0RDERS.- categories of facilities and production units onstrating methods to assess reductions re "(l) ISSUANCE.-If consent is not granted at facilities for which a pollution prevention sulting from toxic use of other source reduc regarding nay request made by an officer, plan is required under section 5009. Such re tion methods; and employee or representative under sub ports shall include a description of the pollu "(d) research or pilot projects to develop sections (a), (b), or (c), the Administrator tion prevention plans and activities for fa and demonstrate innovative technologies for may issue an order directing compliance cilities or units in the category or sub source reduction and toxic use reduction with the request. The order may be issued category, including a description of the pol methods. The research program established after such notice and opportunity for con lution prevention goals and objectives adopt by this section shall be conducted in close sultation as is reasonably appropriate under ed in plans, a description of the pollution cooperation with the States and shall rely the circumstances. prevention measures and schedules that have principally on grants and contracts with col "(2) COMPLIANCE.-The Administrator may been selected to meet such goals, a percent leges and universities.". ask the Attorney General to commence a ile ranking by name for each facility or pro INJ:t'ORMATION GATHERING civil action to compel compliance with a re duction unit in the category or subcategory quest or order referred to in paragraph (1). according to the efficiency of current pro SEC. 208. Subtitle E of the Solid Waste Dis Where there is a reasonable basis to believe duction practices (measured as use and by posal Act is amended by adding at the end there may be a violation of this subtitle, the product generation of toxic chemicals per thereof the following new section: court shall take the following actions: unit of production). The report shall also in "INFORMATION GATHERING AND ACCESS "(A) In the case of interference with entry clude a description of the pollution preven "SEC. 5013. (a) ACTION AUTHORIZED.-Any or inspection, the court shall enjoin such in tion measures that are available to facilities officer, employee or representative of the terference or direct compliance with orders and units in the category or subcategory in . Administrator is authorized to take action to prohibit interference with entry or inspec cluding detailed technical and economic data under subsections (b), (c) or (d) (or any com tion unless undeF the circumstances of the and specifications for such measures. Begin bination thereof) at any facility subject to case the demand for entry or inspection is ning four years after the date of enactment the requirements of this subtitle or other lo arbitrary and capricious, an abuse of discre of this section, the Administrator shall pub cation described in subsections (c) or (d). tion, or otherwise not in accordance with lish reports for not less than 15 industrial Any duly designated officer, employee or law. categories and subcategories each year.". representative of a State carrying out the "(B) In the case of information or docu FEASIBILITY STUDIES provisions of this subtitle is also authorized ment requests or orders, the court shall en SEC. 206. Subtitle E of the Solid Waste Dis to take such action. join interference with such information or posal Act is amended by .adding at the end "(b) ACCESS TO lNFORMATION.-Any officer, document requests or orders or direct com thereof the following new section: employee, or representative of the Adminis- pliance with the requests or orders to pro- March 17, 1992 CONGRESSIONAL RECORD-SENATE 5855 vide such information or documents unless ment shall be doubled with respect to both EXPANSION OF PROCESSED AND HIGH-VALUE AG under the circumstances of the case the de the fine and imprisonment. RICULTURAL EXPORTS AND EMPLOYMENT OP mand for information or documents is arbi "(c) CIVIL PENALTIES.-Any person who PORTUNITIES ACT trary and capricious, an abuse of discretion, violates any requirement of or regulation Mr. BOND. Mr. President, today I, or otherwise not is accordance with law. under this subtitle shall be liable to the along with Senators DASCHLE, GRASS The court may assess a civil penalty not to United States for a civil penalty in an LEY, MCCONNELL, HEFLIN, KASTEN, exceed $25,000 for each day of noncompliance amount not to exceed $25,000 for each such violation. Each day of such violation shall, HARKIN, DANFORTH, and DIXON intro against any person who unreasonably fails to duce the Expansion of Processed and comply with the provisions of subsections for purposes of this section, constitute a sep (a), (b) or (c) or an order issued pursuant to arate violation. High-Value Agricultural Exports and paragraph (1). AUTHORIZATIONS Employment Opportunities Act of 1992. "(f) OTHER AUTHORITY.-Nothing in this SEC. 210. (a) Subtitle E of the Solid Waste This legislation sets a goal for the section shall preclude the Administrator or a Disposal Act is amended by redesignating United States to gain 15 percent of the State from securing access or obtaining in section 6010 of the Pollution Prevention Act world market of processed and high formation in any other lawful manner. of 1900 (Public Law 101-508) as a new section value agricultural products. ENFORCEMENT 5015. Mr. President, I would like to stand SEC. 209. Subtitle E of the Solid Waste Dis (b) Section 5015 of the Solid Waste Disposal here today and tell you that every posal Act is amended by adding the following Act, as redesignated by subsection (a), is thing is just fine with our role in inter new section at the end thereof: amended by adding the following new sen national agricultural trade, but frank ''ENFORCEMENT tence: ly, it is not. Plain and simple: The Eu SEC. 5014. (a) COMPLIANCE 0RDERS.- "There is authorized to be appropriated to the Administrator $25,000,000 for each of the ropeans continue to drag their feet on "(l) Whenever on the basis of any informa reform while dumping huge subsidies tion the Administrator determines that any fiscal years 1994 through 1997 for the func tions carried out under this subtitle (other into their exports. person has violated, or is in violation of, any It requirement or prohibition in effect under than State grants), and $10,000,000 for each of is time the administration recog this subtitle (including any requirement or the fiscal years 1994 through 1997 for grants nizes that the United States is losing prohibition in effect under regulations under to the States made pursuant to section out when it comes to value-added ex this subtitle), the Administrator may issue 5005.''. ports. Worldwide processed and value an order (A) assessing a civil penalty for any TECHNICAL AMENDMENTS added products increased by more than past or current violation, (B) requiring com SEC. 211. (a) The Table of Contents for sub 50 percent in the last decade and we pliance immediately or within a specified title E of the Solid Waste Disposal Act is can expect this demand to continue to time period, or (C) both, or the Adminis amended to read as follows: grow. While our competitors have near trator may commence a civil action in the "Subtitle E-Pollution Prevention United States district court in the district in ly doubled their value-added trade, which the violation occurred for appropriate "5001. Short title. U.S. trade in high-value agriculture relief, including a temporary or permanent "5002. Findings and Policy. products actually declined. injunction. Any order issued pursuant to this "5003. Definitions. In fiscal years 1981-87. the United paragraph shall state with reasonable speci "5004. EPA activities. States had 19 percent of the world ficity the nature of the violation. "5005. Grants to States for technical assist- share for value-added products, but in "(2) Any penalty assessed in an order under ance programs. fiscal year 1990 it was only 8 percent of this section shall not exceed $25,000 per day "5006. Pollution prevention clearinghouse. the world share. However, during this of noncompliance for each violation of a re "5007. EPA report. quirement or prohibition in effect under this "5008. Savings provision. same time period the EC's share was 38 subtitle. In assessing such a penalty, the Ad "5009. Pollution prevention plans. and 40 percent. ministrator shall take into account the seri "5010. Reports. For some who may not be familiar ousness of the violation and any good faith "5011. Feasibility studies. with what we mean by value-added efforts to comply with applicable require "5012. Research. products, I say along with sending raw ments. "5013. Information gathering. products, corn, wheat or soybeans or "(3) Any order issued under this subsection "5014. Enforcement. brood stock for animal production, we shall become final unless, not later than 30 "5015. Authorizations.". also send hamburgers, ready-to-cook days after the issuance of the order, the per (b) The Table of Contents for subtitle F of poultry, pork chops, soybean meal, sons named therein request a public hearing. the Solid Waste Disposal Act is amended: Upon such request, the Administrator shall soybean oil. The reason it is so impor (1) by Inserting after the title the follow tant is because the processing, adding promptly conduct a public hearing. In con ing: nection with any proceeding under this para value, creates jobs in the United graph, the Administrator may issue subpoe "PART 1-GENERAL PROVISIONS"; and States. We need those jobs. We need nas for the production of relevant papers, (2) by inserting the following at the end those jobs to remain competitive in the books, and documents, and may promulgate thereof: world market. rules for discovery procedures. "PART 2-DUTIES OF THE SECRETARY OF To reach our goal of 15 percent of the "(4) In the case of an order under this sub COMMERCE section requiring compliance with any re share of world trade in processed agri quirement of or regulation under this sub "6010. Functions. cultural products we must become title, If a violator fails to take corrective ac "6011. Development of specification for sec more focused. We would do this by fo tion within the time specified in an order, ondary materials. cusing our export assistance programs the Administrator may assess a civil penalty "6012. Development of market for recovered toward value-added products. These of not more than $25,000 for each day of con materials. "6013. Technology promotion. programs, which have concentrated on tinued noncompliance with the order. raw commodities, have been good for "(b) CRIMINAL PENALTIES.-Any person "6014. Nondiscrimination requirement. who- "6015. Authorization of appropriations.". both farmers and our trade balance. "(1) knowingly violates the requirements However, now is the time to look at of or regulations under this subtitle; or By Mr. BOND (for himself, Mr. the opportunities to create jobs for "(2) knowingly.omits material information DASCHLE, Mr. GRASSLEY, Mr. American workers. We need to provide or makes any false material statement or HEFLIN, Mr. MCCONNELL, Mr. American farmers the opportunity to representation in any record, report, or DANFORTH, Mr. HARKIN, Mr. sell value-added processing operations other document filed, maintained, or used KASTEN' and Mr. DIXON): here in the United States, and also to for purposes of compliance with this subtitle or regulations thereunder S. 2361. A bill to enhance the com improve our international trade posi petitiveness of United States processed tion. shall, upon conviction, be subject to a fine of not more than $50,000 for each day of viola and high-value agricultural products in Under the Export Credit Gu~rantee tion, or imprisonment not to exceed 2 years. export markets and expand domestic Program, the GSM-102 and 103, this bill If the conviction is for a violation commit employment opportunities; to the Com requires that the Commodity Credit ted after a first conviction of such person mittee on Agriculture, Nutrition, and Corporation, to the extent practicable, under this subsection, the maximum punish- Forestry. use 35 percent of the total funds to pro- 5856 CONGRESSIONAL RECORD-SENATE March 17, 1992 mote exports of processed and high SEC. 2. SET-ASIDE IN EXPORT ASSISTANCE PR(). "(A) 75 percent of the total funds available value agricultural products. GRAMS FOR PROCESSED AGRICtJL. under this section (or 75 percent of the value TURAI.. PRODUCTS AND WGH-VALUE of any commodities employed) are expended In fiscal year 1988, 37 .3 percent of AGRICULTURAi.. PRODUCTS. U.S. export credit guarantees went to (a) DECLARATION OF POLICY.-Congress de to promote the export of bulk or raw United value-added products, but in fiscal 1991, clares that the export credit guarantee pro States agricultural commodities; and gram and the export enhancement program "(B) 25 percent of the funds (or 25 percent only 23.6 percent went to value-added. of the value of any commodities employed) Under the export Enhancement Pro required by sections 202 and 301 of the Agri cultural Trade Act of 1978 (7 U.S.C. 5622 and are expended to promote the export of proc gram, another program, this bill would 5651) should be administered by the Commod essed agricultural products and high-value require the CCC , to the extent prac ity Credit Corporation in a manner that con agricultural products.''. ticable, to use 25 percent of the total tributes to the achievement of the objective (e) COST-REVENUE AND EMPLOYMENT ANAL funds to promote exports of processed that the United States share of world trade YSIS OF EXPORT ASSISTANCE.-Section 303 of in processed agricultural products and high such Act (7 U.S.C. 5653) is amended to read as and high-value agricultural products. follows: In 1986, almost 40 percent went to value agricultural products shall not be less than 15 percent. "SEC. 303. QUARTERLY AND ANNUAL REPORI'S value-added products. By 1991 that fig (b) DEFINITIONS.-Section 102 of the Agri ON TI1E COST-REVENUE ANALYSIS ure had dropped to only about 8 per cultural Trade Act of 1978 (7 U.S.C. 5602) is AND EMPLOYMENT EFFECTS OF cent. SUPPORTING TIIE EXPORT OF PROC amended by adding at the end the following ESSED AND WGH-VALUE AGRICUL If we use these programs aggres new paragraphs: TURAi.. PRODUCTS. sively, with the Credit Guarantee Pro "(8) PROCESSED AGRICULTURAL PRODUCT. "(a) QUARTERLY REPORTS.- gram and the Export Enhancement The term 'processed agricultural product' means a product of an agricultural commod " (l) IN GENERAL.-Not later than 30 days Program, we can create jobs for Amer ity derived from a bulk or raw agricultural after the end of each quarter of a fiscal year, ican workers, provide better markets commodity that, as a result of the applica the Secretary shall submit to Congress a re for American farmers, and have the op tion of human labor, the use of machines, or port containing an estimate for the preced portunity to gain new markets in the other factors involved in a manufacturing ing quarter of the costs and imputed reve future. USDA's own Economic Re process, or any combination thereof, is in nues, attributable to the export of processed creased in value and made more appropriate agricultural products and high-value agricul search Service backs this up. If we can tural products and raw and bulk commod increase the U.S. share of high-value, for human consumption or use. The term in cludes livestock, dairy, and poultry prod ities under sections 202 and 301. processed, agricultural products to 15 ucts, wheat, flour, milled rice, refined sugar, "(2) BASIS OF REVENUE ESTIMATE.-The rev percent, then we can create l 1/2 million vegetable oil, and prepared, preserved, enue estimate under paragraph (1) shall be jobs and increase our gross national canned, frozen, refrigerated and other proc determined by Economic Research Service of product between $50 and $100 billion a essed food products. the Department of Agriculture on the basis year. "(9) HIGH-VALUE AGRICULTURAL PRODUCT. of the net effect on Federal tax receipts of Agricultural exports are vital to the The term 'high-value agricultural product' exports under sections 202 and 301 on the per means an agricultural commodity the value sonal and corporate income of persons di economic health of this Nation. More of which, on a per unit or equivalent volume rectly and indirectly assisted. than one-third of our cropland moves basis, is substantially higher than the value "(3) EFFECT ON EMPLOYMENT.-The Sec into export channels. Last year, Mis of bulk or raw agricultural commodities, retary shall, after consultation with the Sec souri farmers produced more than $4 such as grains and oilseeds. The term in retary of Labor, include in a report required billion in farm marketings of which cludes fresh, chilled and frozen meats and under paragraph (1) an examination of the over $1.2 billion went overseas as farm other livestock, dairy, and poultry products, direct and indirect effect of the export ef exports. eggs, breeder stock, plant seeds, and to forts under sections 202 and 301 for the pre The legislation we introduce today bacco.". ceding quarter on employment levels and op (C) PROCESSED AND HIGH-VALUE AGRICUL portunities in the United States agricultural would provide economic growth in TURAL PRODUCT ExPORT CREDIT GUARANTEE sector and related industries. many sectors of the American econ PROGRAM.-Section 202 of such Act (7 U.S.C. " (b) ANNUAL REPORT.-Not later than 30 omy, not just agriculture. Over 21 mil 5622) is amended- days after the end of each fiscal year, the lion jobs in America today are related (1) in subsections (a) and (b), by inserting Secretary shall submit to Congress a report to growing, transporting, processing, " , including processed agricultural products for the preceding fiscal year containing the distributing, and marketing agricul and high-value agricultural products," after information required under subsection (a)." . "agricultural commodities" both places it (f) APPLICATION OF SECTION.- tural products. Efficiency and produc appears; and · (1) IN GENERAL.-This section and the tivity have made American agriculture (2) by adding at the end the following new amendments made by this section shall be the envy of the world. To continue to under this section, the Commodity Credit come effective on the date of the enactment be the envy of the world, the United Corporation shall ensure that, to the extent of this Act. States must be able to compete fairly practicable, 65 percent of the total funds ex (2) FISCAL YEAR 1992.-The Commodity with the EC on the world market. The pended under this sect ion for a fiscal year Credit Corporation shall apply this section are expended to promote the export of bulk and the amendment s made by this section European Community will continue to or raw United States agricultural commod expand its value-added expor ts while during fiscal year 1992 to t he maximum ex ities and t hat, to the extent practicable, 35 tent practicable. United States exports continue to fall percent of the funds are expended to prom ot e unless we take this aggressive action. the export of processed agricultural products Mr. DASCHLE. Mr. President, Amer The way t o get ahead of the EC is t o and high-value agricultural products.". ica is losing a struggle for the future of get behind the American producer. I (d) PROCESSED AND HIGH-VALUE AGRICUL our rural communities. Our competi urge my colleagues to support this leg TURAL PRODUCT EXPORT ENHANCEMENT FRO tors are gobbling up the growing mar islation. GRAM .-Section 301 of such Act (7 U.S.C. 5651) ket for processed, value-added, agricul is amended- tural products, while we trail far be Mr. President, I ask unanimous con (1) in subsection (a), by inserting", includ sent that the text of the bill be printed ing processed agricultural products and high hind. If we do not reverse this trend in the RECORD. value agricultural products," after "agricul and increase our share of world trade There being no objection, the bill was tural commodities"; and in value-added agricultural products, (2) in subsection (e)- our rural communities will wither like ordered to be printed in the RECORD, as (A) by striking "(e) FUNDING LEVELS.- follows: corn stalks in an August drought. This The" and inserting the following: dismal prospect is not the result of the s. 2361 "(e) FUNDING LEVELS.- "(l) IN GENERAL.-The"; invisible hand of free markets, but the Be it enacted by the Senate and House of Rep (B) by indenting 2 ems the left margin of resentatives of the United States of America in direct consequence of Government pol paragraph (1) (as amended by subparagraph Congress assembled, icy. It is time to change that policy. (A)); and Since 1983, global trade in high-value SECTION 1. SHORT TITLE. (C) by adding at the end the following new This Act may be cited as the "Expansion of paragraph: products has grown by 57 percent, Processed and High-Value Agricultural Ex "(2) SET-ASIDES.-For each such fiscal while trade in raw commodities grew ports and Employment Opportunities Act of year, the Commodity Credit Corporation by only 4 percent. In 1989, high-value 1992" . shall ensure that, to the extent practicable- product s accounted for almost 75 per- March 17, 1992 CONGRESSIONAL RECORD-SENATE 5857 cent of world agricultural trade. ers are forced to produce cheap raw ucts through promotional programs. It Today, the value-added sector is a $140 commodities because that's the only is time to reevaluate the role of the billion market. markets left to them. That's a pre foreign-policy establishment in agri High-value products, such as wheat scription for economic decline in rural cultural trade policy. flour, vegetable oil and red meat, pro America, not for economic prosperity. We also must develop better market vide greater benefits to the exporting During the 1980's, as the value-added ing strategies. Instead of looking for Nation than raw commodities because market grew, the United States' share ways to sell more of what we already value-added processing creates jobs, of the market stayed the same at about produce, USDA wants to produce more. boosts economic development and 8 to 9 percent. The EC, on the other Production is not the problem, market raises Government revenues. Every hand, recognized early the opportuni ing is. We must set goals, target mar dollar received from agriculture ex ties in value-added markets. Today, kets and set out to capture them. Pro ports stimulates another $1.51 worth of the EC countries control a 50-percent ducing more raw commodities at lower business activity for the rest of the market share, commanding $70 billion prices plays into European hands. If we economy. But all agriculture exports in value-added agricultural trade. continue to be the world's supplier of are not equal. Selling a ton of corn The value-added market is expected cheap grain, European farmers can overseas does not create the same ben to grow through the nineties at 8 to 100 grow prosperous satisfying the world's efit for the American economy as sell percent annually. If current trends need for value-added products. They ing a ton of red meat; selling a ton of continue, by the year 2000, the EC will will reap the benefits of value-added wheat does not generate as much eco control 50 percent of a $250 billion mar production. Their rural communities nomic activity as selling a ton of ket, while the U.S. share will be about will enjoy the jobs and economic wheat flour. 10 percent at $25 billion, hardly enough growth food processing generates. Our One million dollars of wheat exported to cover the potential declines in trade rural communities will struggle to stay in bulk form generates $5.21 million of revenues from raw commodities and to alive. economic activity, as well as jobs for 85 provide growth for American agri Under the 1990 farm bill, USDA is di workers, and personal income of $1.25 culture. rected to develop a long-term trade million. The same quantity of wheat Our second-place status in the high strategy. This strategy · will guide exported as flour generates $14.2 mil valued market is no accident. We are USDA trade programs for the future. lion in economic activity, 194 jobs and being out-marketed. The EC · pays ex What is USDA's strategy for value $3.14 million in personal income. port refunds on beef, veal, pork, and added exports? Zero growth. That is Meat and poultry exports generate poultry products to help EC exporters right, Zero growth. What kind of strat even more economic activity, which stay competitive. EC pork producers egy is that? I tell you what kind it is leads to higher tax revenues. Exporting export more than 600 million dollars' a losing strategy. corn in the form of dressed poultry worth of their products, while Amer We should set a goal of increasing generates 9.3 times more gross national ican pork producers are able to export our share of the value-added market by product and Federal tax revenues than barely over 100 million dollars' worth 5 percent and then get the job done. If exporting the corn. If fed to livestock of products. we achieved this goal, by the year 2000, for export, every $1 million worth of The EC is moving aggressively into our trade revenue from the value-added corn would produce $1.3 million in Fed the markets of the Commonwealth of market would be $39 billion instead of eral tax revenues. Independent States [CIS]. By demand $25 billion. · With the benefits of exporting value ing that the CIS buy EC value-added Finally, we need to stop thinking of added products so obvious, Mr. Presi products, the EC dictates what prod export programs as a cost to the Gov dent, one would think USDA must be ucts we can sell. The EC takes the ernment. Money that is spent to in taking advantage of every tool at its main course, while we get the left crease revenues is money well spent. disposal to promote our value-added overs. Value-added exports generate more tax products. Sadly, Mr. President, USDA Mr. President, it's time we fought revenue, paying for the cost of export is not doing all that it can or should do back. Today, I join with Senator BOND assistance many times over. It is time to expand our share of this important and several other Senators in introduc we start seeing export promotion as a and growing market. ing legislation to increase the share of revenue gain, not a revenue loss. In September, the General Account Export Enhancement Program [EEP] Mr. President, our rural communities ing Office called USDA unresponsive to funds for value-added exports. The 1990 cannot grow on the production of raw t he new challenges facing American farm bill calls for using at least 25 per commodities alone. We must develop agriculture. The GAO repor t says cent of EEP funds for value-added prod our potential for value-added process USDA has focused on increasing t he ucts. So far, only 7 percent of EEP ing. The econom ic activity such proc production of raw commodities at low funds have been devoted t o processed essing will generate is t he best hope for prices, while our competitors have been products. This legislation puts new em the future of rural America. The poten employing sophisticated marketing phasis on the 1990 farm bill goal by di tial of this economic engine depends on strategies to swallow up value-added recting USDA to make sure at least 25 increasing our share of world trade in markets. We are not matching their ef percent of EEP funds are used to pro value-added exports. I urge my col forts. GAO says our Government has mote exports of value-added agricul leagues to support this measure as the failed to recognize the changes in world tural products. first important step in overhauling our trade. "The United States' continuing While this legislation takes a major agricultural trade policies. emphasis on lowering the production step in the right direction, there are cost of bulk commodities disregards a likely to be more initiatives down the By Mr. McCAIN (for himself, Mr. decade-old shift in global trade from a road to improve our Government's ef WIRTH, Mr. GRASSLEY, Mr. relatively few major bulk commodities forts to expand our share of world NICKLES, Mr. STEVENS, and Mr. to profitable market opportunities in value-added trade. We must streamline BROWN): processed and consumer-oriented prod the interagency review process for EEP S. 2362. A bill to amend title XVIII of ucts." initiatives, and review the State De the Social Security Act to repeal the USDA is on the sidelines in the trade partment's role in EEP decisions. For reduced Medicare payment provision game. Instead of running interference years, agriculture has been a tool of for new physicians; to the Committee for our producers, and using its muscle foreign policy. That approach made no on Finance. to open holes for our products, our sense before and it makes no sense REPEAL OF REDUCED MEDICARE PAYMENT Government is watching from the now. In too many cases, foreign policy PROVISION FOR NEW PHYSICIANS stands. As our competitors dominate considerations have overrode the need Mr. McCAIN. Mr. President, I rise value-added markets, American farm- to increase sales of agricultural prod- today with Senators WIRTH, GRASSLEY, 5858 CONGRESSIONAL RECORD-SENATE March 17, 1992 NICKLES, STEVENS, and BROWN to intro care beneficiaries away from those Landfills are closing at a rapid rate duce a bill which would eliminate dis physicians defined under the law as due to environmental damage and over crimination in Medicare reimburse new. loaded capacity. As a recent article in ment practices for physicians. Current I urge support for this legislation, the Washington Post noted, the places practices result in new physicians re which will ensure that all physicians to put waste are disappearing fast: ceiving less reimbursement for the are treated fairly, and which corrects Fewer than 4,000 of the 14,000 landfills na same procedure than physicians who the inequities of the current law. I ask tionwide in 1977 are still open and the num have been practicing for a longer pe unanimous consent that the text of the ber is expected to drop to 1,800 by the turn of riod of time. This legislation is similar bill be printed in the RECORD. the century. to that introduced by Representative There being no objection, the bill was In Massachusetts in the past 15 years, ED TOWNS last year. ordered to be printed in the RECORD, as roughly 150 unlined municipal landfills Specifically, the legislation I am in follows: have closed and the number continues troducing today will repeal the inequi s. 2362 to grow. With a limited landfill capac table provision of existing law that re Be it enacted by the Senate and House of Rep ity, States, particularly States in the duces Medicare payment to so-called resentatives of the United States of America in Northeast, have resorted to shipping new physicians in their first 4 years of Congress assembled, tons of garbage outside their State bor practice. With some limited excep SECTION I. REPEAL OF REDUCED MEDICARE ders. According to the National Solid tions, current law reduces the payment PAYMENT PROVISION FOR NEW PHY Waste Management Association, be SICIANS. base or allowed amount by some 20 per 1989 1990, (a) IN GENERAL.-Section 1848(a) of the So tween and the District of Co cent in the physician's first year of cial Security Act (42 U.S.C. 1395w-4(a)) is lumbia and 16 States exported more practice, 15 percent in the second year, amended by repealing paragraph (4). than 100 tons of waste across State 10 percent in the third, and 5 percent in (b) BUDGET NEUTRALITY.-The Secretary of lines. the fourth year. My bill would repeal Health and Human Services shall provide We have arrived at a time when we this discriminatory law. that in carrying out the amendment made by must radically change this Nation's The rationale behind this discrimina subsection (a) that payments under section method of dealing with solid waste dis tory law, which was enacted a couple of 1848 of the Social Security Act are no greater posal. A comprehensive national waste years ago, was to achieve budget sav or lesser than what such payments would have been but for the provisions of this Act. management plan is badily needed. ings at the expense of young physicians (c) EFFECTIVE DATE.-The amendment We have no choice but to find ways and physicians new to providing care made by subsection (a) shall become effec today to m1mmize the waste we for Medicare beneficiaries, under the tive with respect to physicians' services fur produce without thinking-minimize it assumption that a new physician's nished on or after January l, 1993. at the source-and to reuse waste services are of less value-and there through recycling. As landfills are fore less worthy of full compensation By Mr. KERRY: closed due to overcapacity or pollution than those of a more experienced phy S. 2363. A bill to develop, assist, and fears, there will be strong and increas sician. However, the value of these stabilize recycling markets; to the ing pressures to deal with remaining physicians' services, as evidenced by Committee on Environment and Public waste by incineration, and that is the new Medicare physician payment Works. going to be unacceptable. system which bases reimbursement on NATIONAL RECYCLING MARKETS ACT Today I am introducing the National a resource-based relative value scale •Mr. KERRY. Mr. President, over the Recycling Markets Act of 1992 which I [RBRVS], is not modified based on the past 20 years, Americans have become view as a crucial component of a na experience of the physician providing increasingly conscious of the environ tional comprehensive solid waste plan. the care. Furthermore, the RBRVS as ment and of our collective obligation Recycling as a component of a com signs a value to each service-and that to protect it and save it for the future. prehensive waste management plan service does not cost tho_se designated We have passed legislation to help holds the answer to many of our con as new physicians any less to perform protect our water and our air and to cerns. Recycling is an historic response than physicians who have been in prac clean up toxic wastes. But to a great to a new and ever-mounting environ tice for a longer time. Under the cur degree, we have yet to address the fun mental problem. We are borrowing-re rent law, the definition of a new physi damental problem of waste-the waste cycling, if you will-a practice that cian is so. general and so vague that produced by every American, which was commonplace during World War IL physicians who have served in the mili collectively is threatening to over Recycling not only will minimize tary for years, but have not previously whelm us. pollution. It will reduce the number billed the Medicare Program, are According to the Environmental Pro and contentiousness of issues surround viewed as new physicians. Payments tection Agency's latest figures, in 1988, ing the siting of incinerators, while at for their services to Medicare bene 180 million tons of municipal solid the same time it will save energy and ficiaries are reduced during the first 4 waste [MSW] was generated in the create an entirely new industry in the years of civilian private practice. United States, a 71-percent increase in United States. Clearly, the existing law does not re garbage in just 13 years. Mountains of Yet recycling will not happen on its ward these dedicated physicians on a garbage are being created at an ever own. The need for market development level commensurate with their experi increasing rate. The average American to provide impetus is essential if recy ence. dumps 4 pounds of garbage every day, cling is ever going to succeed. The The current law reducing payments up from 2.6 pounds a day 30 years ago. issue of supply and demand is a major to new physicians violates the underly According to a recent report by the obstacle to the success of recycling. ing concepts behind the landmark Med League of Conservation Voters, rough Simply mandating the collection of icare physician payment reform, which ly 73 percent of solid waste is disposed materials will not result in the actual became effective as of January 1, 1992. of in landfills across this Nation, caus recycling of the commodity. For exam It also ignores the financial reality fac ing growing environmental and health ple, newspaper collected at the ing new physicians of meeting high risks to neighboring communities. curbside ostensibly destined for recy startup costs associated with building In Massachusetts, for example, 13 cling have sat rotting in warehouses a new practice, and the skyrocketing communities have lost their public or, worse, have been dumped into land costs of medical education. The provi water supplies due to contamination by fills because of a lack of buyers. On the sions of the current law serve only to poorly sited or inadequately designed other side of the supply-demand equa discourage new physicians from certain landfills, and nationally landfills make tion, the lack of adequate, dependable, targeted specialties and providing care up over 20 percent of the sites on the and uncontaminated supplies of recy for Medicare beneficiaries, as well as national priority list in the Superfund cled materials has resulted in manufac causing group practices to steer Medi- program. turers shying away from recycling. March 17, 1992 CONGRESSIONAL RECORD-SENATE 5859 Waste managers are slow to establish Creating financial incentives to stim adoption of this or a similar plan when recycling programs for fear of being ulate industrial investment in recy the Congress next addresses the prob stuck with worthless commodities with cling is key to its success. This legisla lem of municipal waste. no interested buyers. By developing tion offers technical and financial as I ask unanimous consent that the markets, the demand for recovered ma sistance to industry, including low-in text of the bill, and a section-by-sec terials will increase simultaneously. terest loans and loan guarantees for tion summary, be printed following my The purpose of the National Markets purchasing, constructing, and operat remarks in the RECORD. Recycling Act is to generate profitable ing facilities and for purchasing equip There being no objection, the mate new markets for recycling efforts. ment for the collection, separation, rial was ordered to be printed in the Through the establish of a Bureau of and processing of recyclable materials . RECORD, as follows: Recyclable Commodities within the . Consumers are faced with a confusing s. 2363 Department of Commerce, the legisla array of terms in environmental pack Be it enacted by the Senate and House of Rep tion will promote, assist, and stabilize aging; " environmental friendly," the resentatives of the United States in Congress as markets for recovered commodities di "green seal," the "green cross," and sembled, verted from the waste stream. The bill myriad representations about recycling SECTION I. SHORT TITLE. focuses on five recyclable materials: content. This Act may be cited as the " National Re aluminum, glass, steel, plastics, paper To reduce consumer confusion, the cycling Markets Act of 1992". and paper products. bill mandates labeling requirements. SEC. 2. TABLE OF CONTENTS The most important element in the The words "recycled" or "recycled con Sec. 1. Short title. bill, and certainly one that has gen tent" will be permitted to describe Sec. 2. Table of Contents. erated a great deal of discussion, is the only those products or packages that Sec. 3. Definitions. mandated minimum recycled content Sec. 4. Bureau of Recyclable Commodities. meet the minimum content require Sec. 5. Identification of grades for recovered standards for products and packaging. ments. materials and requirement to In seems obvious that the surest way The Commerce Department has an conform to such grades. to guarantee end markets for aggressive program to open foreign Sec. 6. Periodic market analyses. recyclables is to require that a certain markets to U.S. businesses. Recycling Sec. 7. Reports on recycling capacity. percentage of materials and products is an area where we can export tech Sec. 8. Assistance for recycling operations. be made from secondary materials. To nology, and export recovered materials Sec. 9. Minimum content standards. date, virgin products have had an eco that can be used elsewhere in the Sec. 10. Labeling requirements. Sec. 11. Plastics labeling requirements. nomic competitive edge. Yet the en world. To accomplish this, the legisla Sec. 12. Promotion of opportunities in for ergy used to produce them, and the en tion will establish efforts to identify eign markets. vironmental consequences related to and promote the development of new Sec. 13. University recycling research cen developing virgin products, makes use overseas markets for our U.S. industry. ters. of virgin materials a shortsighted ven The legislation also establishes recy Sec. 14. Technical assistance for educational ture that is bound to catch up with us cling research centers to be housed at programs. in the very near future. four to six universities across the Na Sec. 15. Recycling advisories. According to the Conservation Law tion. And finally, the legislation cre Sec. 16. Availability of information. Sec. 17. Oversight by Inspector General. Foundation, more energy is needed to ates a clearinghouse at the Department Sec. 18. Access to supply of recovered mate extract and process virgin materials of Commerce to provide the latest in rials. than to recycle and develop secondary formation on all aspects of recycling. Sec. 19. Annual statistics on certain mate materials. Mr. President, most experts in the rials. For example, recycling aluminum is field of waste management agree that Sec. 20. Enforcement. estimated to save 90 to 97 percent of establishing a minimum content stand SEC. 3. DEFINITIONS. the energy required to make aluminum ard and mandating adherence to it is For purposes of this Act, the following from mined bauxite. Mandating mini the only way to ensure security to new definitions apply: mum content will give manufacturers recycling industries and markets. In (1) SECRETARY.- The term "Secretary" of recyclables the security they need to means the Secretary of Commerce. addition to addressing our growing (2) ADMINISTRATOR.- The term " Adminis develop new recycling industries. waste disposal problem, recycling will trator" means the Administrator of the En Furthermore, by requiring minimum provide economic benefits through the vironmental Protection Agency. content in packaging, producers for the creation of jobs. The Conservation Law (3) ALUMINUM SCRAP.-The term " alu first time will be partially responsible Foundation [CLF] estimates that one minum scrap" means any post-consumer for the disposal of their pr oducts. In job is created in collection and process refuse material composed of aluminum, in t he past, the cost of MSW disposal was ing for every 465 tons of material r ecy cluding any discarded beer, soft drink, or low, and m unicipalities could easily cled annually. In t he Nort heast, CLF other beverage container, food container, pass the cost along t o local citizens. foil, or closure, any automobile scrap, and est imates that with a 10-per cent recy any construct ion scrap of t hat composition . 'l'oday businesses and m unicipalities in cling rate for recyclable materials, (4) COMPOSTABLE MATERIALS.-The t erm the Northeast spend close to $3 billion 11,800 jobs will be created; a 50-percent "compostable materials" means any product in annual tipping fees. Minimizing rate will result in r oughly 59,000 jobs. or package suitable for the production of packaging and requiring that products The potential economic benefits are compost. may be made by recycled materials is tremendous. Recycling has already pro (5) CONTAINER; PACKAGING.-The terms the only way I can see that is both re vided jobs and economic development "container" and "packaging" mean any ma alistic and responsible for the produc in the Northeast. A partnership farmed terial which holds, wraps, or otherwise en ers to absorb or limit the costs of dis closes a good that is sold or distributed in by New England CRinc, which builds interstate commerce. posal. and operates Material Recovery Facili (6) DE-INKED MATERIAL.-The term "de Streamlining the recycling process is ties [MRF's], and Wellman Inc., the inked material" means printed or coated the purpose of this bill. The legislation largest recycler of postconsumer plas paper, the fiber of which must undergo a will standardize the definitions and tic bottles, is employing 2, 700 people process in which most of the ink, filler, or grades of recovered materials. This today, and that number is anticipated other extraneous material is removed. would make it easier for producers and to expand as recycling efforts develop. (7) DURABLE GOOD.-The term "durable consumers to identify appropriate ma In summary, recycling · and waste good" means any automobile, household ap terials. The act also directs the Com pliance, furniture, equipment, or other item minimization not only are essential to that in normal use is likely to last longer merce Department to increase the flow deal with our waste problems, but in than 3 years. of information about market prices, the long run are sound economics. (8) FERROUS SCRAP.-The term "ferrous new technologies and other factors af I look forward, Mr. President, to scrap" means any post-consumer refuse ma fecting recycling markets. hearings on this legislation and the terial composed of iron or steel, including 5860 CONGRESSIONAL RECORD-SENATE March 17, 1992 any discarded beer, soft drink, or other bev (21) SOLID WASTE.-The term "solid waste" manner such that the materials cannot be erage container, food container, automobile, means any durable or nondurable good, con recycled easily. household appliance, furniture, and con tainer, packaging, material, or other item (2) REGULATIONS TO ENCOURAGE DEVELOP struction scrap of that composition. that has reached its intended end use and has MENT OF ALTERNATIVES.-Not later than 2 (9) FOOD WASTE.-The term "food waste" been discarded. The term does not include re years after the date of the enactment of this means any discarded material composed of covered materials, hazardous waste, radio Act, the Secretary shall promulgate regula food, but does not include any such material active waste, sewage, septage, sewage sludge, tions to encourage the elimination of the discharged to a public or private sewage sys incinerator ash, used oils, or any mixtures production of the items listed in paragraph tem. containing these wastes. (1) and the development of alternatives to (10) LEAD SCRAP.-The term "lead scrap" (22) WASTE GLASS.-The term "waste glass" such items that are functionally equivalent means any post-consumer refuse material means any post-consumer refuse material but can be recycled easily. composed of lead, including any discarded composed of glass, including any discarded (e) REQUIREMENTS TO CONFORM TO automotive battery and construction scrap beer or soft drink container, any wine or liq GRADES.-After grades of recovered mate of that composition. uor container, any other beverage or liquid rials have been identified under subsection (11) NONDURABLE GOOD.-The term "non container, any food container, and any con (a), any person that produces materials or durable good" means any item that in nor struction scrap of that composition. products that are likely to eventually be mal use is likely to last 3 years or less, in (23) YARD WASTE.-The term "yard waste" treated as recovered materials or become cluding any paper or paperboard product. means any discarded leaves, grass clippings, part of the municipal solid waste stream (12) OTHER NONFERROUS SCRAP.-The term tree or shrubbery trimmings, gardening resi must ensure that such materials, or the ma "other nonferrous scrap" means any post dues, or other similar refuse material com terials within such products, conform to the specifications of an identified grade. consumer refuse material composed of a non posed of vegetative matter. (f) REVISIONS.-lndustries or local govern ferrous metal besides aluminum or lead, in SEC. 4. BUREAU OF RECYCLABLE COMMODITIES. ments engaged in the collection, transport, cluding any household battery, wire, house The Secretary shall establish within the stockpiling, processing, upgrading, or recy hold appliance, furniture, and construction Department of Commerce a separate office cling of recovered materials may petition scrap of that composition. to be called the Bureau of Recyclable Com the Secretary for revision of applicable ma (13) PLASTIC SCRAP.-The term "plastic modities. The principal purpose of the office terial grades as necessary to prevent or min scrap" means any post-consumer refuse ma shall be to promote the use of recovered ma imize interference with current recycling terial composed of plastic, including any terials diverted from solid waste. Unless oth techniques. Not later than 90 days after re food or beverage container or packaging, erwise specified, the office, at the direction ceipt of the petition, the Secretary shall ei automobile scrap, construction scrap of that of ·the Secretary, shall carry out the func ther deny the petition or approve the peti composition. tions enumerated by this Act. tion and make appropriate revisions to the (14) POST-CONSUMER MATERIAL.-The term SEC. 5. IDENTIFICATION OF GRADES FOR RECOV applicable material grades. "post-consumer material" means only those ERED MATERIALS AND REQUIRE SEC. 6. PERIODIC MARKET ANALYSIS. products generated by a consumer which MENT TO CONFORM TO SUCH (a) PRICE INFORMATION.-The Secretary have been made available for sale or have GRADES. shall prepare and make available to the pub served their intended end-uses and have been (a) COMMODITY TYPES AND GRADES.-Not lic, on at least a quarterly basis, a report on separated or diverted from solid waste for later than 9 months after the date of the en prevailing market prices for recovered mate the purpose of collection, recycling, and dis actment of this Act, with assistance from rials. The first such report shall be made position. The term does not include wastes the Administrator and after consultation available not later than 1 year after the date generated during production of an end-prod with appropriate recycling industries and of enactment of this Act. The report shall in uct, such as post-mill material. other potentially affected parties, the Sec clude price information for both domestic (15) POST-MILL MATERIAL.-The term "post- retary shall identify materials covered under and foreign markets . . mill material" means wastes generated dur section 19(a) and compostable materials that (b) RECYCLING RATES.-On at least an an ing production which cannot be returned to qualify as recovered materials and, to the ex nual basis, the Secretary shall prepare and the same prodµction process, nor used by an tent practicable, standardize the types and make available to the public a report con other company producing a similar product. grades of those materials. The Secretary taining the statistics and other data col The term includes de-inked material (in the may revise such types and grades from time lected by the Administrator on the prevail case of paper) and all wastes generated dur to time as the Secretary considers necessary. ing national recycling rate for each recov ing the intermediate steps in producing an (b) GRADE DETERMINATION.-To the extent ered material. The first such report shall be end product by succeeding companies. The practicable, identification under subsection made available not later than 1 year after term does not include forest residues or mill (a) of suitable grades of recovered materials the date of enactment of this Act. For the broke. shall be based on- purpose of making the determinations, ma (16) RECOVERED MATERIALS.-The term "re (1) material grades currently accepted and terials transported to foreign nations for re covered materials" means materials which in use by industries involved in recycling; cycling shall be considered to be recycled. (A) have a known use, resuse, or recycling (2) material grades traded on commodity (C) STIMULATION OF MARKETS.-On at least potential; exchanges or markets; an annual basis, the Secretary shall prepare (B) can be feasibly used, reused, or recy (3) material grades used as raw materials and make available to the public a report cled; and or feedstocks in the manufacture of recycled analyzing the technical and economic fac (C) have been diverted or removed from the goods; or tors that may influence future foreign and solid waste stream for sale, use, reuse, or re (4) material grades purchased or accepted domestic markets for recovered materials. cycling (whether or not such materials re for eventual recycling after further source The first such report shall be made available quire separation and processing). separation, collection, transport, stock not later than 1 year after the date of enact (17) RECYCLED GOODS.-The term "recycled piling, processing, upgrading, ·Or other han ment of this Act. The analyses should con goods" means goods manufactured or dling. sider the following: composted using recovered materials di (c) SUBCATEGORIES OF TYPES AND GRADES. (1) Technical, economic, and any other bar verted or separated from solid waste. In identifying the types and grades of mate riers to recycling. (2) Future supplies of recovered materials. (18) RECYCLING.-The term "recycling" rials that qualify as recovered materials, the (3) Available production capacity of recy means the use of recovered materials di Secretary shall assign solid waste materials cling industries. verted or separated from solid waste for use to subcategories of types and grades, where (4) Strength of existing markets for recov as raw materials or feedstocks in the manu appropriate. ered materials and potential for development facturer of goods sol<;! or distributed in inter (d) TRANSITION TO EASILY RECYCLABLE of new markets. state commerce, or the reuse of such recov ITEMS.- (5) Potential competition from substitute ered materials as substitutes for goods made (1) EXCLUDED ITEMS.-ln identifying types factors of production. from virgin inputs. and grades of materials that qualify as re (6) Current consumption of recovered ma- (19) REUSE.-The term "reuse" means any covered materials, the Secretary may not in terials. cleaning, sterilizing, recharging, retreading, clude the following: (7) Other market factors identified by the or other reprocessing for use in a similar (A) Ceramic and glass mixtures. Secretary. function by the original manufacturer or dis (B) Multi-resin plastic packaging. (d) MARKET INDICES.-The Secretary may tributor, or class of manufacturers or dis (C) Plastics that contain or are made develop appropriate indices to measure and tributors. through a process that involves project market trends for recovered mate (20) RUBBER SCRAP.-The term "rubber chlorofluorocarbons. rials. scrap" means any post-consumer refuse ma (D) Plastics that contain heavy metals. SEC. 7. REPORTS ON RECYCLING CAPACITY. terial composed of rubber, including any dis (E) Any other materials or combinations of (a) REPORTS REQUIRED.-The Secretary, in carded automotive tire. materials contained within a product in a consultation with the Administrator, shall March 17, 1992 CONGRESSIONAL RECORD-SENATE 5861 prepare and submit to Congress the following essing of recyclable materials (or any com (ii) 40 percent post-consumer material by reports: bination of those activities). No assistance January l, 1998. (1) A report evaluating the potential for (except technical assistance) may be made (iii) 50 percent post-consumer material by expanded recycling of recoverable paper and under this section unless an application is January 1, 2002. paperboard, rubber scrap, plastic scrap, yard submitted to, and approved by, the Sec (B) For building and construction mate waste, and food waste. retary. The application shall be in such rials and for furniture materials: (2) A report evaluating the potential for form, be submitted in such manner, and con (i) 20 percent post-consumer material by expanded recycling of aluminum scrap, other tain such information as the Secretary may January 1, 1995. nonferrous scrap, waste glass, ferrous scrap, require. (ii) 40 percent post-consumer material by and lead scrap. (b) REGULATIONS.-The Secretary shall pre January 1, 1998. (b) CONTENT OF REPORTS.-Each report re scribe regulations not later than 6 months (iii) 50 percent post-consumer material by quired by subsection (a) shall include an after the date of enactment of this Act to January 1, 2002. analysis of the following: carry out this section. (5) PAPER.-With respect to covered items (1) Techniques and systems used by indus SEC. 9. MINIMUM CONTENT STANDARDS. made of paper, the minimum content stand tries and local governments to source-sepa (a) IN GENERAL.- ards are as follows: rate, collect, process, or upgrade the mate (1) REQUIREMENT.-Effective on the dates (A) For newsprint: rials covered in the report, and supplies of set forth in subsection (b), the amount of re (i) 30 percent post-consumer material by materials generated by such techniques and covered material- January 1, 1996. systems. (A) in each covered item produced by a per (ii) 40 percent post-consumer material by (2) Adequacy of existing and planned indus son or entity to which this section applies; January 1, 1998. trial capacity for the manufacture of recy or (iii) 50 percent post-consumer material by cled goods from the materials covered in the (B) in the total amount of covered items January 1, 2000. report, and opportunities for expanding such produced at all facilities (when aggregated) (B) For printing and writing papers: capacity nationally and regionally by retro by a person or entity to which this section (i) 5 percent post-consumer material by fitting existing industrial plants or building applies; January 1, 1996. new recycling plants. shall be not less than the corresponding (ii) 20 percent post-consumer material by (3) Adequacy of existing equipment and fa standard set forth in subsection (b). The January 1, 2000. cilities for transport of materials covered by Standards so set forth specify the minimum (C) For tissue products, including paper the report to recycling plants and markets, percentage of the total weight of each cov towels.facial tissue, bathroom tissue, and and economic and technical barriers to the ered item or the aggregated amount of the wrapping and packaging tissue: transport of such materials. items (as the case may be) that shall be post (i) 30 percent post-consumer material by (4) Opportunities for the stockpiling of ma consumer material, except that, in the case January 1, 1996. terials covered by the report that are not im of paper, the standards specify the minimum (ii) 45 percent post-consumer material by mediately remanufactured or reused. percentage of the weight of the fiber content January 1, 1999. (5) The extent of Federal subsidies (includ of each covered item or the aggregated (iii) 60 percent post-consumer material by ing tax expenditures) and other incentives amount of the items (as the case may be) January 1, 2002. provided for the manufacture of goods made that shall be post-consumer material. (D) For paper packaging, including paper from virgin materials . that compete with (2) PROHIBITION.-A covered item that does board, box board, linerboard, coated goods made from materials covered by the not meet the standards set forth in sub groundwood, kraft, fiber boxes, and cor report. section (b) may not be transported in inter rugated: (6) Available options for influencing the state commerce. (i) 35 percent post-consumer material by timing and extent of private and government (b) MINIMUM CONTENT STANDARDS.- January 1, 1996. investment in- (1) ALUMINUM.-With respect to covered (ii) 50 percent post-consumer material by (A) expanded industrial capacity for the items made of aluminum, the minimum con January 1, 1999~ mannfacture of recycled goods; tent standards are as follows: (C) APPLICABILITY.- (B) new equipment and facilities for the (A) For packaging: (1) IN GENERAL.-The mm1mum content transport of materials covered by the report (i) 55 percent post-consumer material by standards required by this section apply to and recycled goods to recycling plants and January 1, 1997. any person or entity that produces covered markets; and (ii) 60 percent post-consumer material by items. (C) new equipment and facilities for the January 1, 2002. (2) EXCEPTION IN CASE OF HEALTH HAZARD. stockpiling of materials covered by the re (B) For building and construction mate The minimum content standards required by port before remanufacture or reuse. rials: · this section shall not apply with respect to a (7) Economic data comparing the costs and (i) 25 percent post-consumer material by covered item in any case in which meeting benefits of recycling various materials from January 1, 1999. the applicable standard would result in a the municipal solid waste stream with other (ii) 30 percent post-consumer material by health hazard, as determined by the Sec management methods, such as landfilling January 1, 2002. retary of Heal th and Human Services, acting and incinerating. The analysis should take (2) GLASS.-With respect to covered items through the Commissioner of Food and into account the landfill and collection costs made of glass, the minimum content stand Drugs. avoided by recycling, as well as the avoided ards are as follows: (d) COMPLIANCE ASSISTANCE.-The Sec environmental and other costs of mining, ex (A) For packaging: retary shall assist persons and entities to tracting, or otherwise producing virgin ma (i) 40 percent post-consumer material by which this section applies in complying with terials that would be necessary but for the January 1, 1996. the minimum content requirements of this availability of secondary materials in the (ii) 50 percent post-consumer material by section. marketplace. January 1, 2000. (e) MONITORING.- (8) Information about state-of-the-art recy (iii) 65 percent post-consumer material by (1) REPORTING REQUIREMENT.- cling methods, programs, or technologies, in January 1, 2005. (A) REPORT TO SECRETARY.- The Secretary, cluding the results of any recycling research (B) For fiberglass insulation: in consultation with the Administrator, or demonstration programs funded by the (i) 30 percent post-consumer material by shall promulgate the necessary reporting re Federal Government. January 1, 1997. quirements to monitor and.evaluate compli (C) DEADLINES.-The report required by (ii) 40 percent post-consumer material by ance with the requirements of this section. subsection (a)(l) shall be submitted to Con January 1, 2002. At a minimum, such requirements shall re gress not later than 9 months after the date (3) STEEL.-With respect to packaging quire each person or entity to which this sec of enactment of this Act. The report required made of steel, the minimum content stand tion applies (including paper manufacturers by subsection (a)(2) shall be submitted to ards are as follows: and manufacturers of glass, metal, and plas Congress not later than 18 months after such (A) 20 percent post-consumer material by tic bottles and containers), as well as major date of enactment. January 1, 1997. users of aluminum, glass, steel, plastic, or SEC. 8 ASSISTANCE FOR RECYCLING OPER- (B) 40 percent post-consumer material by paper, to submit an annual report to the Sec ATIONS. . January 1, 2001. retary containing the information described (a) ASSISTANCE.-The Secretary may pro (4) PLASTICS.-With respect to covered in subparagraph (B). The first report under vide technical and financial assistance, in items made of plastic, the minimum content this paragraph shall be submitted on or be cluding low-interest loans and loan guaran standards are as follows: fore March 31, 1993. The Secretary, in con tees, to a person for the purpose of con (A) For packaging: sultation with the Administrator, shall de structing or operating facilities and equip (i) 25 percent post-consumer material by fine in regulations the term "major user" for ment for the collection, separation, or proc- January 1, 1995. purposes of this section. 59--059 0-96 Vol. 138 (Pt. 4) 44 5862 CONGRESSIONAL RECORD-SENATE March 17, 1992 (B) CONTENTS OF REPORT.-The report shall (1) RECYCLED.-The word "recycled" or the under this section shall include, but are not indicate, for each category of covered item words "recycled content" may appear on a limited to, the conduct of basic research re produced or used (as the case may be) by the product, package, container, or material, in lating to- person or entity, the amount of items pro capital or lower case letters and in bold or (A) innovative recycling processes to be duced, the amount of post-consumer and lightface print. The percentage of post employed in the manufacture of recycled post-mill recovered materials used in the consumer material contained in the item goods; items, and the average annual percent of also may appear on the item. (B) innovative processes to facilitate recy . post-consumer and post-mill recovered mate (2) RECYCLABLE.-The word "recyclable" cling, including techniques for source sepa rials used in production of the items during may appear on a product, package, con ration, collection, transport, stockpiling, the preceding calendar year. The report also tainer, or material, but not in all capital let processing, or upgrading of recovered mate shall include any other information required ters and only in lightface print, and only if rials; by the Secretary. accompanied by the name of the material (C) specifications and test methods to be (2) COMMODITY LIST.-Not. later than April that meets the recyclability qualifications. employed in assessing the quality of recov 31, 1992, and annually thereafter, the Sec SEC. 11. PLASTICS LABELING REQUIREMENTS. ered materials; retary shall compile and publish a list indi (a) LABELING.-Each person who manufac (D) potential end markets for the sale or cating, by commodity, the average annual tures items which use plastic in the item or distribution of recycled goods; and amount of post-consumer and post-mill re in the packaging of the item shall indicate (E) composition of solid waste. covered materials used in the commodity, on the item or packaging, by label or im (2) PUBLICATION AND DISSEMINATION OF RE and the average annual percent of post print, the type of plastic used in such item SEARCH RESULTS.-Each research center shall consumer and post-mill recovered materials or packaging. The label or imprint shall con pubiish and disseminate the results of such for each of the following: form to a uniform container coding system research. (A) Paper manufacturers, set forth sepa that meets the needs of the recycling and (3) COMPOSTING PROJECTS.-Each research rately by grade of paper. plastics industries. center shall carry out at least one project re (B) Manufacturers of glass bottles and con (b) REGULATIONS.-The Secretary shall pro lating to recoverable paper and paperboard. tainers. mulgate regulations to carry out this section (C) FEDERAL SHARE.-The Federal share of (C) Manufacturers of metal containers and not later than 30 days after the date of en a grant under this section shall not exceed 80 each type of metal container. actment of this Act. percent of the costs of establishing and oper (D) Manufacturers of plastic bottles and ating the recycling research center. containers. SEC. 12. PROMOTION OF OPPORTUNITIES IN FOR· EIGN MARKETS. (d) APPLICATION.-Any institution of high (3) CIRCULATION STATEMENTS OF NEWSPAPER er education interested in receiving a grant PUBLISHERS.-Publishers of daily newspapers (a) PROGRAM FOR SALE OF RECOVERED MA TERIALS IN FOREIGN COMMERCE.-The Sec under this section shall submit to the Sec with an annual circulation of 25,000 or more retary an application in such form and con shall publish, as part of their circulation retary shall develop a program to promote the sale in foreign commerce of recovered taining such information as the Secretary statement, the average annual percent of may require by regulation. post-consumer recovered material used in materials for recycling by foreign industries. As part of that program, the Secretary shall SEC. 14. TECHNICAL ASSISTANCE FOR EDU the production of the newspaper during the CATIONAL PROGRAMS. previous calendar year. gath&r, and make available to the public, in (f) PREEMPTION.-No State or political sub formation identifying potential foreign buy The Secretary shall provide technical as division of a State may, during the period ers of recovered materials. sistance to State and local governments for beginning on the date of enactment of this (b) COMPILATION OF STATISTICS.-To assist the purpose of establishing and operating Act and ending on January 1, 1998, establish local governments and industries seeking to programs to educate (through means such as or continue in effect a minimum content sell recovered materials in foreign com public service announcements, pamphlets, standard for a covered item unless such merce, the Secretary shall compile, and and newspaper advertisements) consumers, standard is identical to, or less stringent make available to the public, statistics and businesses, and otiler persons about the recy than, any standard in effect for such item information on the following: cling and about waste reduction. under subsection (b). (1) Specific recycling techniques employed SEC 15. RECYCLING ADVISORIES. (h) COVERED ITEM.-ln this section, the by foreign industries. (A) Recycling Advisory.-If the Secretary term "covered item" means a product, pack (2) Available foreign markets for recovered finds that a physical or chemical property, aging for a product, a container for a prod materials. contaminant, or other characteristic of a re uct, or material that is made of aluminum, (3) Specifications and test methods em cyclable materials is interfering with- glass, steel, plastic, or paper. ployed by foreign industries to assess com- (1) current recycling techniques; SEC. 10. LABELING REQUIREMENTS. modity quality. · (2) marketing of recyclable material prior (f) PROHIBITIONS.- (4) Prevailing prices and demand in foreign to recycling; (1) LABELING WHERE CONTENT STANDARDS markets for recovered materials. (3) handling of the recyclable material ARE NOT MET.-A product, package, con (5) Other information on foreign markets prior to recycling; collected by the Secretary under this Act. tainer, or material that does not meet the the Secretary shall issue a recycling advi minimum content standards set forth in sec (C) PROGRAM FOR SALE OF RECYCLED GOODS IN FOREIGN COMMERCE.-The Secretary shall sory to the Administrator, State, local gov tion 9 may not be labeled as "recycled" or ernments, manufacturers of the recyclable containing "recycled content". develop a program to promote the sale in for eign commerce of recycled goods produced in material, industries engaged in the collec (2) LABELING WHERE RECYCLING RATE GOALS tion, transport, stockpiling, processing, up ARE NOT MET.-A product, package, con the United States, and to the extent prac ticable and useful, the Secretary shall inte grading, distribution, importation, or recy tainer, or material that does not meet, with cling of the material, and other potentially in the distribution area of the item, the re grate this program with other existing pro grams that promote the sale in foreign com affected parties. cycling rate goal set forth in section 18 may (b) CONTENTS OF ADVISORY.-A recycling not be labeled as "recyclable" or merce of goods manufactured in the United States. advisory issued under subsection (a) shall- '' compostable' •. (1) describe the physical or chemical prop (b) AUTHORIZED PRACTICES.- (d) ASSISTANCE.-Actions taken by the Sec (1) LABELING WHERE CONTENT STANDARDS retary to implement this section shall in erty, contaminant, or other characteristic ARE MET.-A product, package, container, or clude assistance in arranging favorable contributing to interference with recycling, material that meets the minimum content terms for sellers of recovered materials and marketing, or handling of the commodity or standards set forth in section 9 may be la products containing recovered materials. other reason for its issuance; and beled with respect to its recycled content or SEC. IS. UNIVERSITY RECYCLING RESEARCH (2) identify any precautions of measures, if any, that may be taken to eliminate or mini having been recycled, but only if the label CENTERS. meets the requirements of subsection (c). (a) RESEARCH GRANTS.-The Secretary, in mize the interference, including the avail (2) LABELING WHERE RECYCLING RATE GOALS consultation with the Administrator, shall ability of substitute or alternative mate ARE MET.-A product, package, container, or make grants to accredited institutions of rials, mechanisms, or methods that do not material that meets, within the distribution higher education to establish and operate present a danger. area of the item, the recycling rate goal set not fewer than four, and not more than six, (c) AVAILABILITY TO PUBLIC.-The Sec forth in section 18 may be labeled with re recycling research centers in the United retary shall publish, and make available to spect to its recyclability, but only if the States. The Secretary shall establish those the public, recycling advisories (including label meets the requirements of subsection research centers equitably among the re the information specified in subsection (b)) (c). gions of the United States. issued pursuant to this section (c) LABEL REQUIREMENTS.-The label re (b) RESPONSIBILITIES.- SEC. 16. AVAILABILITY OF INFORMATION. quirements for purposes of subsection (b) are (1) IN GENERAL.- The responsibilities of The information compiled and analyzed as follows: each recycling research center established under this Act, including the identification March 17, 1992 · CONGRESSIONAL RECORD-SENATE 5863 of grades for recovered materials under sec (2) Lead scrap. purpose of recycling. To the extent prac tion 5, shall be made available to the public. (3) Other nonferrous scrap. ticable and useful, the Administrator shall A toll-free telephone hotline shall be estab (4) Ferrous scrap. integrate necessary data collection activi lished and made available to members of the (5) Plastic scrap. ties required under this section with periodic public seeking information from the Depart (6) Rubber scrap. surveys of industry or government conducted ment of Commerce. To the extent feasible, (7) Waste glass. by the Department of Commerce. the information should be computerized to (8) Recyclable paper and paperboard. (g) SUBMISSION OF INFORMATION TO SEC facilitate analysis and provide for prompt re (9) Nonrecyclable, compostable paper prod- RETARY.-The Administrator shall submit all trieval. ucts. of the statistics and information collected SEC. 17. OVERSIGHT BY INSPECTOR GENERAL. (10) Yard waste. under this section to the Secretary, for dis The Inspector General of the Department (11) Food waste. tribution to the public under section 16. (b) STATISTICS.-For solid waste and for (h) PRIVILEGED OR CONFIDENTIAL INFORMA of Commerce shall report annually to Con TION .-Nothing in this section shall be con gress on the progress in implementation and those recovered materials listed in sub section (a), the Secretary in conjunction strued so as to authorize the Administrator compliance· with this Act. to obtain privileged or confidential informa SEC. 18. ACCESS TO SUPPLY OF RECOVERED MA· with the Administrator shall collect statis tics and information on the following: tion that is described in section 552(b)(4) of TE RIALS. title 5, United States Code. (a) RATES.-Each State, as its goal for re (1) Quantities of durable goods, nondurable goods, containers, packaging, and other SEC. 20. ENFORCEMENT. cycling in each distribution area, shall en Each person or entity who violates section sure that, for each listed material and effec items that are sold for distribution in com merce and that are likely to become solid 9, 10, or 11 during a calendar quarter is sub tive date, the following percentage of the ject to the following penalties: total amount of products or packages dis waste. (2) Quantities of solid waste annually gen (1) NOTICE AND WARNING.-For a first viola tributed to consumers in the distribution tion, and for any violation that occurs after area that contain the listed material are di erated by households, office establishments, commercial establishments, and institu having achieved compliance during the pre verted out of the waste stream: vious 3 calendar quarters, the Administrator (1) For Glass- tional establishments. shall send the person or entity a letter noti (A) 35 percent by January 1, 1995. (3) Quantities of solid waste and recovered fying the person or entity that it is in viola (B) 50 percent by January 1, 1997. materials annually generated by industrial tion of this section and warning the person (C) 65 percent by January l, 1999. facilities. or entity of additional penalties if the viola (2) For aluminum- (4) Quantities of recovered materials annu tion continues. (A) 50 percent by January 1, 1995. ally managed using techniques other than (2) CIVIL PENALTY.-For a violation that oc (B) 65 percent by January 1, 1997. recycling, including incineration and curs any time within 1 year after the first (C) 80 percent by January l, 1999. landfilling. violation that occurs any time within 1 year (3) For ferrous metals and bimetal packag- (5) Quantities of, and the composition of, after the first violation or other violation ing- solid waste disposed of in incinerators, land covered by paragraph (1), the person or en (A) 50 percent by January 1, 1995. fills, and other waste management facilities tity is liable for a civil penalty in an amount (B) 65 percent by January 1, 1997. of local governments (set forth by type of fa not to exceed $75,000 per quarter. The Admin (C) 80 percent by January l, 1999. cility). istrator shall automatically assess such a (4) For plastics- (6) Inventories of recovered materials civil penalty each time such a violation oc (A) 20 percent by January 1, 1995. being stockpiled for possible recycling. curs. (B) 40 percent by January l, 1997. (7) Quantities of recovered materials annu (3) ORDER FOR REMOVAL FROM SALE IN (C) 60 percent by January 1, 1999. ally used by industries. INTERSTATE COMMERCE.-For a violation that The goals in subparagraphs (A), (B), and (C) (C) RECYCLING STATISTICS-For materials occurs any time within 1 year after a viola shall be applied separately to each plastic being recycled (as determined under sub tion covered by paragraph (2), the Adminis resin. section (b)(6)), the Secretary in conjunction trator shall order the person or entity to re (5) For recyclable paper and paper prod- with the Administrator shall collect statis move the covered item from sale in inter ucts- tics and information on the following: state commerce. For each day a violator is (A) 35 percent by January 1, 1995. (1) Specific recycling techniques employed not in compliance with such removal order, (B) 50 percent by January 1, 1997. by industries, and quantities of recovered the Administrator may assess a civil penalty (C) 65 percent by January l, 1999. materials annually recycled using those of not more than $50,000. Any such removal (6)' For nonrecyclable compostables techniques. order shall not apply to any item offered for (A) 30 percent by January l, 1995. (2) Available markets (including domestic sale or otherwise entered into interstate (B) 40 percent by January 1, 1997. and export markets) for recycled goods, and commerce before the date of issuance of the (C) 50 percent by January l, 1999. quantities of recycled goods annually sold or order. A person or entity may resume sale of (b) LABELING.-A product or package may distributed in interstate commerce. the covered item in interstate commerce not be labeled as "recyclable" or (3) Existing industrial capacity for the only after the Administrator approves a re "compostable" unless the product or pack manufacture of recycled goods. start plan submitted by the person or entity age is of a type which meets the recycling (4) Specific techniques employed by house indicating how and within what period of rate goal set forth in subsection (a) in the holds, local governments, and industries to time the person or entity will come into distribution area of that product or package. source-separate, collect, transport, stock compliance. Such a product or package shall be labeled in pile, process, or upgrade those materials for THE NATIONAL RECYCLING MARKETS ACT OF accordance with the requirements of section the purpose of recycling, and quantities of 1992-SECTION-BY-SECTION ANALYSIS 10. materials annually handled using those tech (c) MONITORING.-The Administrator shall Section 101: Bureau of Recyclable Com niques. modities. set up a system to monitor compliance with (d) RECYCLING RATE DETERMINATION.-The The Bureau of Recyclable Commodities the recycling rate goals set forth in sub Administrator shall analyze the statistics would be created within the Department of section (a). The system shall, at a minimum, and information collected under this section Commerce. Its responsibilities will be to include monitoring at the stage at which and determine the prevailing national recy carry out the Department's duties under this used products or packages are collected and cling rate for each recovered material. act. at the stage at which they are collected at (e) ANNUAL STATISTICS.-The Adminis Section 102: Identification and use of landfills, incinerators, materials recovery fa trator shall collect and publish the statistics Grades of Materials. cilities, and other waste materials manage and information required under this section Commodity types and grades would be ment facilities. not later than 6 months after the date of the specified, including subcategories, where ap (d) DEFINITION.-The term "distribution enactment of this Act. At a minimum, the propriate, and manufacturers would be en area", as used in this section, shall be de Administrator shall update and publish such couraged to use materials which conform to fined in regulation by the Administrator. statistics and information on an annual these grades when producing products and SEC. 19. ANNUAL STATISTICS ON CERTAIN MATE· basis. packaging. This will ensure that recovered RIALS. (f) S.I.C. REVISION.-The Administrator materials will be of types and grades that (a) MATERIALS COVERED.-The Secretary in shall revise the standard industrial classi can, in fact, be identified and recycled. conjunction with the Administrator shall fication system as necessary to facilitate the Section 103: Periodic Market Analyses. gather statistics by validated methods of collection of statistics and other informa The Commerce Department will prepare sampling in accordance with this section for tion on recycling and other related activi reports for public use on market prices, recy solid waste and, at a minimum, the following ties, including source-separation, collection, cling rates, and technical and economic fac types of recovered materials: transport, stockpiling, processing, upgrad tors that may influence markets in the fu (1) Aluminum scrap. ing, and consumption of materials for the ture for recovered materials. 5864 CONGRESSIONAL RECORD-SENATE March 17, 1992 Section 104: Reports on Recycling Capac ers, business, and others about recycling and s. 1423 ity. waste reduction. At the request of Mr. DODD, the name The Commerce Department, in consulta Section 112: Recycling Advisories. of the Senator from Minnesota [Mr. tion with the EPA, will prepare reports for The Commerce Department is to issue re Congress on the progress of efforts, tech cycling advisories when it finds that con DURENBERGER] was added as a cospon nology, planning and opportunities for recy taminants or characteristics of a recylable sor of S. 1423, a bill to amend the Secu cling. The reports will also analyze the im material are interfering with safe recycling rities Exchange Act of 1934 with re pact of certain government policies as well or presenting a hazard and indicate pre spect to limited partnership rollups. as industry policies and compare the costs of cautions to be taken as well as alternative s. 1492 recycling with those landfilling and incin materials that are available. At the request of Mr. GRAHAM, the erating. Section 113: Availability of Information. Section 105: Assistance for Recycling Oper The information compiled and analyzed by names of the Senator from Rhode Is ations. the Department of Commerce is to be made land [Mr. CHAFEE] and the Senator Technical and financial assistance, includ available to the public by means such as a from New York [Mr. D'AMATO] were ing low-interest loans and loan guarantees, toll-free phone number and a computerized added as cosponsors of S. 1492, a bill to subject to appropriations, would be available database. amend the Internal Revenue Code of for the purpose of constructing and operat Section 114: Oversight by the Inspector 1986. General. ing facilities and equipment for the collec s. 1501 tion, separation, and processing of recyclable Annual reports to Congress by the Com materials. merce Department Inspector General on the At the request of Mr. AKAKA, his Section 106: Minimum Content Standards. progress in implementing this act shall be name was withdrawn as a cosponsor of Companies manufacturing products, pack made. S. 1501, a bill to amend the Reclama aging and other materials made from alu Section 115: Access Requirement. tion Reform Act of 1982, and for other minum, glass, steel, plastics and paper would Recycling rate goals are established for the purposes. recycling of products and packaging made be required to use at least certain specified s. 1842 percents of recovered materials. Different from glass, aluminum, ferrous metals, plas percents correspond to different materials tics, recyclable paper and paper products, At the request of Mr. DASCHLE, the and, in some cases, different uses of mate and nonrecyclable compostables within each name of the Senator from South Caro rials. The requirements would be phased in distribution area. The EPA would determine lina [Mr. HOLLINGS] was added as a co over many years. Items which, if they were what constitutes a distribution area to in sponsor of S. 1842, a bill to amend title to comply, would present an unsafe health clude, in the case of nationally marketed XIX of the Social Security Act to pro hazard would be exempt. The stated stand products, a single, national distribution vide for Medicaid coverage of all cer ards would pre-empt state and local govern area. Section 116: Annual Statistics. tified nurse practitioners and clinical ment minimum content standards. The De nurse specialists services. partment of Commerce is to facilitate com The EPA is to gather statistics concerning pliance as well as monitor and enforce the the use, recovery rates, re-utilization and s. 1866 program, assisted by reporting requirements. market characteristics of various recyclable At the request of Mr. KENNEDY, the Items that do not comply with the standards or compostable materials. Statistics on the name of the Senator from Minnesota by the stated phase-in dates would not be generation, quantity and types of waste shall also be compiled.• [Mr. WELLSTONE] was added as a co able to be transported in interstate com sponsor of S. 1866, a bill to promote merce. community based economic develop Section 107: Labeling Requirements. · The words "recycled" or "recycled con ADDITIONAL COSPONSORS ment and to provide assistance for tent" would not be placed on a product or s. 21 community development corporations, package unless that item meets the mini At the request of Mr. CRANSTON, the and for other purposes. mum content requirements specified in Sec name of the Senator from Massachu s. 1996 tion 106. The words "recyclable" or setts [Mr. KENNEDY] was added as a co At the request of Mr. ROCKEFELLER, "compostable" could not be placed on a the name of the Senator from Hawaii product or package unless the material from sponsor of S. 21, a bill to provide for which that item is madP, meets the recycling the protection of the public lands in [Mr. INOUYE] was added as a cosponsor rate goal for that material as specified in the California desert. of S. 1996, a bill to amend title XVIII of Section 201. In addition to standardization of s. 240 the Social Security Act to provide for environmental marketing claims, the man At the request of Mrs. KASSEBAUM, uniform coverage of anticancer drugs ner in which the words "recycled" and "recy the name of the Senator from Arkansas under the Medicare Program, and for clable" could appear on a product or package [Mr. PRYOR] was added as a cosponsor other purposes. would be regulated so as to reduce consumer s. 2064 confusion. of S. 240, a bill to amend the Federal Section 108: Plastics Labeling Require Aviation Act of 1958 relating to bank At the request of Mr. HATFIELD, the ments. ruptcy transportation plans. names of the Senator from Michigan Plastic products and packaging would be s. 703 [Mr. LEVIN] , the Senator from New required to be labeled as to the type of plas At the request of Mr. ROCKEFELLER, York [Mr. MOYNIHAN] , and the Senator tic used in that item (such as t he S.P.I. sys the name of the Senator from Arkansas fr om North Carolina [Mr. SANFORD] tem) t o facilitate identification and recy [Mr. BUMPERS] was added as a cospon were added as cosponsors of S. 2064, a cling of plast ics. bill to impose a I-year moratorium on Section 109: Promotion of Opportunities in sor of S. 703, a bill to amend the Har Foreign Markets. monized Tariff Schedule of the United the performance of nuclear weapons The Department of Commerce would be di States to correct the tariff rate inver tests by the United States unless the rected to develop a program to promote the sion on certain iron and steel pipe and Soviet Union conducts a nuclear weap sale of non-hazardous recovered materials in tube products. ons test during that period. foreign commerce. Statistics shall be com s. 1100 s. 2085 piled for the benefit of industry and local At the request of Mr. KERRY, the At the request of Mr. PRYOR, the governments in order to help identify mar name of the Senator from California kets, prices and the types, grades and tech name of the Senator from Missouri nologies employed by those markets. [Mr. BOND] was added as a cosponsor of [Mr. SEYMOUR] was added as a cospon Section 110: University Recycling Research S. 1100, a bill to authorize the Sec sor of S. 2085, a bill entitled the Fed Centers. retary of Housing and Urban Develop eral-State Pesticide Regulation Part The Commerce Department, in consulta ment to provide grants to urban and nership. tion with the EPA, will make gra,nts to uni rural communities for training eco s. 2103 versities to establish from four to six recy nomically disadvantaged youth in edu At the request of Mr. GRASSLEY, the cling research centers. Section 111: Technical Assistance. cation and employment skiils and to names of the Senator from South Da The Commerce Department is to provide expand the supply of housing for home kota [Mr. DASCHLE], the Senator from technical assistance to state and local gov less and economically disadvantaged Hawaii [Mr. AKAKA], and the Senator ernments to promote education of consum- individuals and families. from South Carolina [Mr. HOLLINGS] March 17, 1992 CONGRESSIONAL RECORD-SENATE 5865 were added. as cosponsors of S. 2103, a s. 2230 s. 2327 bill to amend title XVIII of the Social At the request of Mr. BREAUX, the At the request of Mr. HATFIELD, the Security Act to provide for increased name of the Senator from Hawaii [Mr. name of the Senator from Arizona [Mr. Medicare reimbursement for nurse INOUYE] was added as a cosponsor of S. DECONCINI] was added as a cosponsor of practitioners, clinical nurse special 2230, a bill to amend title XVIII of the S. 2327, a bill to suspend certain com ists, and certified nurse midwives, to Social Security Act to provide cov pliance and accountability measures increase the delivery of health services erage of outpatient education services under the National School Lunch Act. in health professional shortage areas, under part B of the Medicare Program s. 2334 and for other purposes. for individuals with diabetes. At the request of Mr. WIRTH, the s. 2104 s. 2235 name of the Senator from Illinois [Mr. At the request of Mr. GRASSLEY, the At the request of Mr. MOYNIHAN, the SIMON] was added as a cosponsor of S. names of the Senator from South Da name of the Senator from Arizona [Mr. 2334, a bill to extend the statute of lim kota [Mr. DASCHLE], the Senator from DECONCINI] was added as a cosponsor of itations applicable to civil actions Hawaii [Mr. AKAKA], and the Senator S. 2235, a bill to extend until April 1993 brought by the Federal conservator or from South Carolina [Mr. HOLLINGS] the demonstration project under which receiver of a failed depository institu were added as cosponsors of S. 2104, a influenza vaccinations are provided to tion. bill to amend title XVIII of the Social Medicare beneficiaries. s. 2339 Security Act to provide for increased s. 2244 At the request of Mr. DODD, the name Medicare reimbursement for physical At the request of Mr. THURMOND, the of the Senator from Arizona [Mr. assistance, to increase the delivery of names of the Senator from Indiana DECONCINI] was added as a cosponsor of health services in health professional [Mr. COATS], the Senator from Hawaii S. 2339, a bill to establish a program to shortage areas, and for other purposes. [Mr. AKAKA], and the Senator from provide child care through public-pri s. 2106 Montana [Mr. BURNS] were added as co vate partnerships, and for other pur At the request of Mr. CRANSTON, the sponsors of S. 2244, a bill to require the poses. name of the Senator from Georgia [Mr. construction of a memorial on Federal s. 2355 land in the District of Columbia or its Fow~ER] was added as a cosponsor of S. At the request of Mr. FORD, the name 2106, a bill to grant a Federal charter environs to honor members of the of the Senator from Nebraska [Mr. to the Fleet Reserve Association. Armed Forces who served in World War EXON] was added as a cosponsor of S. II and to commemorate United States 2355, a bill to permit adequately cap s. 2109 participation in that conflict. At the request of Mr. BAucus, the italized savings associations to branch s. 2277 interstate to the extent expressly au name of the Senator from Maryland At the request of Mr. COHEN, the [Ms. MIKULSKI] was added as a cospon thorized by State law, and for other name of the Senator from Washington purposes. sor of S. 2109, a bill to amend the Inter [Mr. GORTON] was added as a cosponsor nal Revenue Code of 1986 to permit cer of S. 2277, a bill to amend the Public SENATE JOINT RESOLUTION 166 tain entities to elect taxable years Health Service Act to facilitate the en: At the request of Mr. DOLE, the other than taxable years required by tering into of cooperative agreements names of the Senator from Oregon [Mr. the Tax Reform Act of 1986, and for between hospitals for the purpose of PACKWOOD], the Senator from Rhode Is other purposes. enabling such hospitals to share expen land [Mr. PELL], and the Senator from s. 2162 sive medical or high technology equip Ohio [Mr. GLENN] were added as co At the request of Mr. HARKIN, the ment or services, and for other pur sponsors of Senate Joint Resolution name of the Senator from Colorado poses. 166, a joint resolution designating the [Mr. WIRTH] was added as a cosponsor week of October 6 through 12, 1991, as s. 2278 "National Customer Service Week." of S. 2162, a bill to amend the Inter At the request of Mr. SHELBY, the national Financial Institutions Act to names of the Senator from California SENATE JOINT RESOLUTION 230 advocate and promote policies to en [Mr. SEYMOUR] and the Senator from At the request of Mr. REID, the name courage developing countries to reduce Utah .[Mr. HATCH] were added as co of the Senator from Wisconsin [Mr. military and military-related expendi sponsors of S. 2278, a bill to amend sec KASTEN] was added as a cosponsor of tures and to dedicate an equitable allo tion 801 of the act entitled "An Act to Senate Joint Resolution 230, a joint cation of resources for health and edu establish a code of law for the District resolution providing for the issuance of cation, and for other purposes. of Columbia," approved March 3, 1901, a stamp to commemorate the Women's s. 2201 to require life imprisonment without Army Corps. At the request of Mr. DOLE, the name parole, or death penalty, for first de SENATE JOINT RESOLUTION 246 of the Senator from Alaska [Mr. MUR gree murder. At the request of Mr. LIEBERMAN, the KOWSKI] was added as a cosponsor of S. s. 2286 name of the Senator from Alabama 2201, a bill to authorize the admission At the request of Mr. ROCKEFELLER, [Mr. SHELBY] was added as a cosponsor to the United States of certain sci the name of the Senator from North of Senate Joint Resolution 246, a joint entists of the Commonwealth of Inde Dakota [Mr. CONRAD] was added as a resolution to designate April 15, 1992, pendent States as employment-based cosponsor of S. 2286, a bill to provide as "National Recycling Day." immigrants under the Immigration and support for enterprises engaged in the SENATE JOINT RESOLUTION 247 Nationality Act, and for other pur research, development, application, At the request of Mr. DOLE, the name poses. and commercialization of advanced of the Senator from New York [Mr. s. 2205 critical technologies through a private D'AMATO] was added as a cosponsor of At the request of Mr. LEAHY, the consortium of such enterprises. Senate Joint Resolution 247, a joint names of the Senator from Hawaii [Mr. s. 2322 resolution designating June 11, 1992, as INOUYE] and the Senator from Delaware At the request of Mr. CRANSTON, the "National Alcoholism and Drug Abuse [Mr. BIDEN] were added as cosponsors name of the Senator from Oregon [Mr. Counselors Day." of S. 2205, a bill to amend the Public HATFIELD] was added as a cosponsor of SENATE JOINT RESOLUTION 261 Health Service Act to provide for the S. 2322, a bill to increase the rates of At the request of Mr. CRANSTON, the establishment or support by States of compensation for veterans with serv names of the Senator from Delaware registries regarding cancer, to provide ice-connected disabilities and the rates [Mr. BIDEN] and the Senator from New for a study regarding the elevated rate of dependency and indemnity com York [Mr. D'AMATO] were added as co of mortality for breast cancer in cer pensation for the survivors of certain sponsors of Senate Joint Resolution tain States, and for other purposes. disabled veterans. 261, a joint resolution to designate 5866 CONGRESSIONAL RECORD-SENATE March 17, 1992 April 9, 1992, as a "Day of Filipino Eastern District of Pennsylvania, Don The justice system is that in name World War II Veterans." ald J. Stohr, to be U.S. district judge only: Of the thousands of cases of mur SENATE CONCURRENT RESOLUTION 17 for the Eastern District of Missouri, der, torture and rape committed in the At the request of Mr. HATCH, the and Ewing Werlein, Jr., to be U.S. dis past two decades against rural work names of the Senator from South Da trict judge for the Southern District of ers, only 26 trials have been held, and kota [Mr. PRESSLER], the Senator from Texas. only 14 perpetrators found guilty. California [Mr. SEYMOUR], the Senator The PRESIDING OFFICER. Without Perhaps the most shocking was from Arizona [Mr. DECONCINI], and the objection, it is so ordered. Rezende's documented presentation of Senator from Florida [Mr. GRAHAM] the use of slave labor on the large es tates. were added as cosponsors of Senate ADDITIONAL STATEMENTS Concurrent Resolution 17, a concurrent Although slavery in Brazil was ban resolution expressing the sense of Con ished more than a century ago, the gress with respect to certain regula FATHER RICARDO REZENDE'S HE Pastoral Land Commission estimates tions of the Occupational Safety and ROIC FIGHT AGAINST SLAVERY that more than 9,000 men, women, and Health Administration. IN BRAZIL children have been used for slave labor SENATE RESOLUTION 246 in the Amazon outback. A Sao Paolo • Mr. CRANSTON. Mr. President, yes-· sociologist says the real number may At the request of Mr. DOLE, the name terday I had the great pleasure of of the Senator from Hawaii [Mr. be as high as 40,000. meeting with Father Ricardo Rezende, Company stores charge new work INOUYE] was added as a cosponsor of a leading figure in the struggle against Senate Resolution 246, a resolution on ers-lured by tales of good jobs at de rural violence and slavery in Brazil, cent wages-extortionary prices de the recognition of Croatia and Slove particularly in the Amazon region. nia. signed to keep them in perpetual debt. For more than a decade Fr. Rezende Most of the workers do not know their SENATE RESOLUTION 259 has worked tirelessly, at great personal rights under Brazilian law, and the ge At the request of Mr. McCONNELL, . risk to help Brazil's dispossessed and ographic remoteness of where they the name of the Senator from Alaska landless rural workers in their struggle work puts them beyond the normal [Mr. MURKOWSKI] was added as a co for land and justice. reaches of civilization's protections. sponsor of Senate Resolution 259, a res A former national director of the Mr. President, Brazilian President olution promoting goodwill and co Pastoral Land Commission [OPT] of Fernando Collor de Mello has worked operation between the Commonwealth the Council of Brazilian Bishops, hard to bring the benefits of democracy of Independent States and the United Rezende has concentrated his work in to his people and has fought to protect States. the Tocantins-Araguaia region, one of both his country's environmental in SENATE RESOLUTION 270 the most lawless and bloodstained heritance as well as that of the native At the request of Mr. DECONCINI, the patches of territory in the Amazon. people who live within the vastness of name of the Senator from Illinois [Mr. The southern State of Para, where the Brazilian wilds. DIXON] was added as a cosponsor of Rezende works, manifests the worst The benefits of democracy, however, Senate Resolution 270, a resolution problems faced by those concerned have not reached those who are being concerning the conflict of Nagorno about human rights and the plight of victimized, through violence or forced Karabakh in the territory of Azer the environment in one of the world's labor, in the Brazilian Amazon. baijan. richest areas of cultural and biological I call on President Collor to once diversity. again exercise the leadership that has Rampant deforestation, the con NOTICES OF HEARINGS justly made him admired around the centration of land ownership in few world, and take the following steps. SELECT COMMITTEE ON INDIAN AFFAIRS lands, the exploi tati on of the poor by First, to guarantee immediately the Mr. INOUYE. Mr. President, I would large landholders, and the impunity of safety of those threatened with death like to announce that the Select Com military-run death squads-who have or harm by the vigilantes. mittee on Indian Affairs will be holding repeatedly massacred rural workers- Second, to unleash the might of Bra a markup on Wednesday, March 18, have made this beautiful but isolated zil's criminal justice system against 1992, beginning at 9:30 a.m., in 216 Hart region a seeming chapter from a Dick those who are perpetrating the vio Senate Office Building, on S. 1602, the ens horror story. lence and to bring as many cases as Fort Peck Indian Tribes Montana Com At a briefing sponsored by my office possible to trial in order to offer vivid pact Act of 1991, confirmation on the as well as the Environmental Defense examples that crime does not pay. reappointment of Carl J. Kunasek to be Fund and the Washington Office on And finally, that those engaging in Commissioner on the Navajo-Hopi Re Latin America, Rezende outlined the proven forced labor practices have location, and for other purposes; to be critical situation he and his organiza their lands expropriated, as provided followed immediately by an oversight tion face today. by the Brazilian law. hearing on the implementation of the Many of the leaders of the organiza Mr. President, I salute Fr. Rezende Indian Gaming Regulatory Act. tions Rezende works with have been and the wonderful work that he and his Those wishing additional information killed, tortured or are the targets of organization do, at the same time I should contact the Select Committee assassination attempts. pray for their safety and urge the Bra on Indian Affairs at 224-2251. In one case paramilitary forces ab zilian Government to take the nec ducted a 13-year-old girl, raped her, essary steps to ensure their well then burned her alive. Pregnant women being.• AUTHORITY FOR COMMITTEES TO have often -been targeted, and children, MEET too. Frequently the paramilitary COMMITTEE ON 'rHE JUDICIARY groups force the public display of the IN OBSERVANCE OF SHABBAT Mr. MITCHELL. Mr. President, I ask bodies, a barbaric practice dating back ZACH OR unanimous consent that the Commit to the time of Portuguese • Mr. DIXON. Mr. President, last Fri tee on the Judiciary be authorized to colonialization. day, March 14, 1992, was the observance meet during the session of the Senate To make things worse, the police of Shabbat Zachor, the Sabbath of Re on Tuesday, March 17, 1992, at 2 p.m. to work in collusion with the illegal re membrance for ·Syrian Jews. hold a hearing on the nomination of pression, often claiming that bodies are The plight of the Syrian Jews is well Paul J. Kelly, Jr., to be U.S. circuit unidentified when in fact they are known. The Syrian Government does judge for the Tenth Circuit, J. Curtis stripped of their identity documents at not allow the Syrian Jews the right to Joyner, to be U.S. district judge for the the local morgue. emigrate, and denies them the most March 17, 1992 CONGRESSIONAL RECORD-SENATE 5867 basic human and civil rights. This is an rect the U.S. Army Corps of Engineers state secret grounds, be entered into intolerable situation. to construct essential wastewater the RECORD. I joined a number of my colleagues in treatment, drinking water, and solid The list follows: October of 1990 in a letter to President waste facilities in economically dis Bush concerning the plight of Syrian tressed areas. MOSCOW SOVIET-AMERICAN BUREAU ON HUMAN RIGHTS Mr. President, according to the EPA, Jews. Sadly, their situation has [list of secrecy refuseniks who dealt in the past with the production of se changed little since that letter. residents of small communities face cret information which is now public knowledge or is the subject of trade With the end of the cold war, and the higher-than-average increases for envi between the CIS and the West, Jan. 1992) removal of many barriers to emigrate ronmental user charges and fees as a result of environmental requirements. Name, address, phone, min Left se First ap- Last ap - Refused from the Soviet Union, it is ironic that istry, and job description cret po plied to plied to in fam - similar restrictive, oppressive prac We need to see that public and environ sition emigrate emigrate ily tices continue to this day in Syria. mental health are protected, and we Alya, Solomon, Moscow, Typely No one, Mr. President, should be de have an obligation to help small com Stan St., 4-1-15, (339- 1230) [Defense]. Was a nied the right to live and worship as he munities achieve that objective. I look high-level military officer in or she chooses. That is not a uniquely forward to working with the chairman the automobile division ...... 77 90 90 Avramenko, Valentin, American standard, but a basic human of the Environment and Public Works Zheleznodorozhny, Moscow right. We in the United States must Committee to achieve that goal.• region, Pionerskaya St., 3- 137, (522-4512) [Defense]. stand resolute with those for whom Worked as a technologist basic human rights remain elusive. and specialist on alloys for THE PLIGHT OF JEWS IN THE small armour-pierting Syrian Jews must know that they have FORMER SOVIET UNION STILL shells. Worked in the plant a friend in the United States. I will of the military-industrial DENIED PERMISSION TO EMI complex ...... 87 91 91 continue to fight for their rights, and GRATE ON STATE SECRECY Beburishvili, Andrey, St. Peters urge the administration to do the GROUNDS burg, Dimitrovast, 31/1- same. 465, (101-2130) [Radio In Mr. dustry). Worked as an engi I thank my colleagues.• • Mr. DIXON. President, I rise neer at the Central Science today to call the Senate's attention to Industrial Corp., "Leninets." Implemented radio equip a little noticed story out of the former ment for MIG-3l's and was SMALL COMMUNITY ENVIRON- Soviet Union that should be of concern credited at the Paris airtraft MENTAL INFRASTRUCTURE AS and sattelite exhibition "Le- to us all. According to the Union of Burge" ...... 88 90 91 SISTANOE ACT OF 1990 (S. 729) Councils for Soviet Jews, hundreds of Berenshtein, Yevgeny, St. Pe people in the present-day Common tersburg, Pushkin, •Mr. KERREY. Mr. President, today I Revolyutsii St., 20-15, rise to express my strong support for wealth of Independent States [CIS] who (466-5953) [Radio Indus had worked in various Soviet agencies, try]. Designer of algorythms, the Small Community Environmental programs and models for Infrastructure Assistance Act (S. 729). are still being denied permission to computers in the Institute of emigrate on the basis of state secrets. Radio-Electronic Systems. Since coming to the Senate, I have Now the foreign-economic heard from many community leaders This intolerable situation continues concern is established on from small towns across Nebraska who despite the fact that much of the tech the basis of this Institute, nology previously considered secret is which was represented at are concerned about the growing num the Paris aircraft and ber of mandates coming out of Wash now being hawked on the open market sattelite exhibition "Le- to the highest bidder, in the Common Burge" ...... 90 91 91 ington. Regulations from the Environ Bogod, Philipp, St. Petersburg, mental Protection Agency are of par wealth's relentless pursuit of hard cur Razyezjaya St., 1-6, (3115- rency. 8230) [Shipbuilding]. ticular concern. Worked as chief of the This situation continues despite the Technological Bureau on Community leaders do not object to so-called reforms in the Common preparing for production of the intent of the Safe Drinking Water submarine hulls in the St. weal th on emigration. The cold, hard Petersburg Admiralteisky Act, the Clean Water Act, subtitle I of facts are that state secrecy is still used Amalgamation. One of his the Resource Conservation and Recov collegues from the plant left as an arbitrary catch-all mechanism to the country in 1989 for the ery Act, or the subtitle D regulations punish those people who wish to emi United States ...... 79 89 90 to upgrade our country's solid waste Brodksy, Valery, Kiev, Uritskogo grate. St., 23-45, (276-7215) facilities. In fact, they are in some Mr. President, I have been working [Shipbuilding]. Worked as ways more attuned to the consequences on behalf of free emigration for Soviet an engineer and specialist in electronic equipment. He of environmental degradation than Jews throughout my career. As a past designed the special facili residents of our urban areas. cochairman of the union's Congres ties for figured processing of information and he tested The problem is that many of these sional Call to Conscience Vigil, I know and exploited an example of communi ties simply cannot afford the all too well the intransigence of the this equipment for the De- measures needed to comply with all of fense Industry ...... 89 90 91 former Soviet system. The information Brusina, Vera, Moscow, these laws. They do not have the finan from the union only confirms what Stalevarov St., 26-2-114 cial base needed to construct and main [Petrochemical Industry]. many of us have long suspected about Worked as an engineer deal tain the various infrastructure require the Commonwealth and its leaders: The ing with the technological ments. As they struggle to cope with process of refining oil name may have been changed, but the wastes until 1972. Also the various requirements it is time for attitudes and practices have not. worked as an engineer in the Federal Government to help pro the information department In conclusion, Mr. President, the ad in the Institute of Oil Indus- vide the resources needed to get the job ministration must urge the Yeltsin try until 1985 ...... 85 90 90 done. I support tough environmental government at every opportunity to Cherkassky, Abram, Moscow, Leningradsky, pr-t, 75b- 12, standards, but we must ensure that our lift the state secret status on these, (158-3642) [Electrotechnical mandates can be realized. and all other refuseniks. At this mo Industry]. Worked as an en gineer and designer while I have decided to cosponsor Senator ment in Russia's history when their laking part in the testing of BURDICK's legislation because it pro technology, heretofore considered se the sun batteries for sat ellites and other cosmi vides a mechanism to assist these com cret, is on the auction block, there can apparati such as "Meteor" munities by creating a State loan and be no justification for continuing the and "Molnia" which are de signed for long distance grant fund to help finance waste water use of the state . secrets category to weather service. The Min treatment, drinking water, and solid deny people their fundamental right to istry of Defense was a cli ent. Several others who pre waste disposal facilities. The bill also emigrate. viously worked there have will expand Federal programs to pro I thank my colleagues. emigrated: Mendzsheritszky and Khasin to Israel and vide technical assistance and outreach I would ask that the list of refuse Reznikov lo the United to small communities. It also will di- niks refused permission to emigrate on States ...... 90 90 91 5868 CONGRESSIONAL RECORD-SEN ATE March 17, 1992 MOSCOW SOVIET-AMERICAN BUREAU ON HUMAN MOSCOW SOVIET-AMERICAN BUREAU ON HUMAN MOSCOW SOVIET-AMERICAN BUREAU ON HUMAN RIGHTS-Continued RIGHTS-Continued RIGHTS-Continued [List of secrecy refuseniks who dealt in the past with the production of se- [List of secrecy refuseniks who dealt in the past with the production of se- [Lisi of secrecy refuseniks who dealt in the past with the production of secret information which is now public knowledge or is the subject of trade cret information which is now public knowledge or is the subject of trade crel information which is now public knowledge or is the subject of trade between the CIS and the West, Jan. 1992] between the CIS and the West, Jan. 1992) between the CIS and the West, Jan. 19921

Left se- First ap- Last ap- Refused Left se- First ap- Last ap- Refused Left se- First ap- Last ap- Refused Name, address, phone, min- Name, address, phone, min- plied to plied to Name, address, phone, min- cret po- plied to plied to in lam- istry, and job description cret po- in lam- istry, and job description cret po- plied to plied to in lam- ishy, and job description sition emigrate emigrate ily sition emigrate emigrate ily sit ion emigrate emigrate ily

Davydov, Sergey, Moscow, lshutov, Yury, St. Petersburg, Kurshin, Vladimir, St. Peters- Oomodedovskaya St., 23-1- Prazhskaya St., 17-8, (269- burg, Krupskoy St., 24- 2- 92, (392-3289) [Chemical 5609) [Defense). Was a stu- 21 , (560-0484) [Shipbuild- Industry]. Worlled as a re- dent and then a specialist ing Industry). Worked as an search scientist for the pro- in special communications engineer/designer for ice tection against mass strike in the military district of ship hulls in the Central weapons and for the dis- SAVO (Central Asian Military Design Bureau, "Aisberg" ... 89 90 91 infection of arms and mili- District) from 1985-1987 .... 87 90 90 Leybovskaya, Galina, Moscow, tary equipment ...... 84 90 90 Karp, Nikolay, Moscow, Yasny pr. 14- 66, (477- Dimant, Yakov, Troitsk, Moscow Akademika Pavlova St., 28- 4153) [Chemical Industry]. Oblast, Oktyabr'skiy, pr-t, 29, (149- 4605) [Radio In- She worked for GOSNIOKHT, 13-17, (334-0287). [lnsti- dustry). Worked with defense or the Institute for Chemical lute of USSR Academy of problems and verified Technology synthesizing new Sciences]. Worked at the In- standard measuring equip- and intermediate chemical stitute of Earth Magnetic, ment. He left his job which products for industry, in- Ionosphere and Radiowaves worked with secret docu- eluding military ...... 87 90 91 of the USSR Academy of ments in 1981 ...... 89 90 91 Likhovetsky, Mark, Moscow, Science. This industry had Kernes, Igor, N. Novgorod, Sedova St., 13-2-214, no connection with the De- Volodarskogo St., 7- 1, (189-4606) [Communication fense Ministry ...... 84 90 91 (350- 504) [Defense]. Took Industry). He took part in Dubnik, Zakhar, Volgodonsk, part in design preparations the development of the Gagarina St., 77-44 [Avia- of the mechanical part of processing of infonnational lion Industry]. Took parts in the antimissile complex S- systems on the basis of defense works in the Pilot 300. A June 19, 1991 article standard micro-computers, Design Bureau of the featured in Izvestia stated and supplied such systems Kalinin Machine Building that the design of this com - as "Segment" and "Vega" plant. Left his job in 1986 86 90 90 plex was featured at the by programming materials. Furman, Gersh, Kazan , "Burge-91" Paris exhibition 90 86 91 He defended his dissertation Gvardeyskaya St., 9-13. Kheyfets, Benissa, Moscow, which was published in the (760-745) [Radio Industry]. Mira pr-t, 202-63, (187- open press. He had no con - Worlled first as an engineer 6538) [Radio Industry]. She nection with the defense in- and secondly as the chief worked in the Commission dustry ...... 90 91 91 engineer of the Special De- group designed to check se- Mandrikov, Igor, Novosibirsk, B. sign Bureau of the Kazan cret documents. She was a Bogatkkova St., 249-47, Writing Facility Plant. This page counter ...... 89 90 91 (236-179) [Defense). plant produces perileric fa- Khononov, Arkady, St. Peters- Worked as a gynocologisl cilities for computers by burg, Lyeni Golikova St., during his military service order of the Defense Min- 27- 3-212, (152-8572) from 1978-1980. He then istry ...... 90 90 91 [Shipbuilding Industry]. worked as a disinfection Gelfand, Anatoly, Chelyabinsk, Worked as an engineer in specialist in the Chekhov Dzherzhinskogo St., 8-49, the Central Institute for military unit No. 01181 ...... 80 90 90 (347-724) [Defense). Ship Machinebuilding, which Mellitzky, Alexander, Moscow, Worlled as an engineer-de- is a defense organization. Osennyaya St., 26-13, signer for electrical equip- He worked in the technical (413-9116) [Radio Indus- ment for tanks in the Amal- department, which had the try]. He created mathematic gamation "Roto(' ...... 90 90 90 basic function of creating models of radio-technical Gendler, Mikhail, Penza, equipment of ship facilities ...... 89 90 91 Kommunisticheskaya St., machinebuilding. This de- Metric, Boris, St. Petersburg, 25-47, (620-537) [[lee- partment did not develop or Vyborgskoye Shosse, 7-1- trooic Industry].' Worlled as create specific facilities ...... 91 91 91 192, (592-2092) [Aviation an engineer programmer in Kodess, Vladimir, St. Peters- Industry). First worked as a the Department of Micro- burg, Shvemika pr-I, 11-16, military representative and electronics at the Penza (244-3651) [Communication then as an engineer-tech- Polytechnic Institute. He was Industry]. Worked at the Tel- nologist in a plant ...... 91 91 91 refused because of his evision Scientific Institute Nemchenok, Lev, Moscow, studies in the Military De- as an engineer-designer of Konenkova St., 5- 78, (947- partment while attending television cameras. He also 5544) [Defense). Worked as the Institute ...... 87 90 90 researched the introduction an engineer-economist and Golub, Arkady, Moscovsk Ob- of the picture to the com- then the head of the System last, Bolshevo-6, 3-0, (515- puter with further process- of Automatical Ruling divi- 1931) [Defense). Reserve ing, which was done for the sion at the Moscow Institute Officer-built clubs and Defense Ministry ...... 90 90 91 of Heat Engineering. He de- other social-cultural build- Kopzon, Semyon, St. Peters- signed the computer pro- ings in different military burg, 4th Krasnoy Konnitsy grammes of planning and towns ...... 88 90 90 St., 12-23, (271-2085) counting ...... 89 90 91 Gorsky, Leonid, MoscO'!'. Gen. [Shipbuilding Industry]. Orlovetsky, Marl!, Kiev, Novaya Tyuleneva St., 15-142, Worked as an engineer in Pirogovskaya St., 27- 77, (337-6969) [Defense]. Optic the Amalgamation "Uran ." (296-0206) [Radio Indus- designer for tank telescopic He modelled com put er try). Worked as a radio sights of guided rockets in algorylhms for systems of equipment controller in the the Designer Bureau of Pre- navy anns equipment and Amalgamation "Radar." cise Machine Building ...... 88 89 91 took part in the testing of This equipment is sold to Goryachkovsky, Yury, Moscow, these systems in 1982, three countries and was Gabrichevskogo St., 8-2- 59, 1984 and 1987 and treated used in Iraq and Afghani- (190- 7383) [Aircraft Indus- the test results ...... 89 90 91 stan ...... 88 89 91 try). Leading designer in the Kravchik, Vitaly, Kishinev, Pevzner, Omitry, St. Petersburg, Amalgamation "Molnia." His Kalya Eshilor St., 9- 54, Veteranov, pr-I, 47- 36, articles were published in (625-411) [Defense). (152- 5554) [Shipbuilding the open press and he has Worked as Chief of the Bu- Industry]. Worked as control- open invention certificates. reau of Industry Preparation ler for submarine equip- His designs were also rep- Plant, "Topaz" ...... 90 90 90 ment. He did not develop or resented in Paris and Milan 84 30 90 Kurbalov, Igor, Moscow, test new equipment ...... 91 90 91 Gui, Roman, SI. Petersburg, Kazarmenny per, 8- 2- 55, Rozenblil, Evgeny, Shevchenko St., 27fl2- 17 (297-8512) [Defense Indus- Ekalerinburg, Bebelya SI., [Communication Means In- try). Worked as a designer 152- 96 [Aviation Industry). dustry). Designer of the sys- of mechanical gears for Worked as a plant worker in terns for military moving inlrasound generators for the division of subsidiary radio-communications, but the Central Institute of Pre- production ...... 90 90 91 his designs were not imple- cise Machine Building ...... 81 88 90 Shilon, Vsevolod , St. Peters- mented in the industry. Kurikov, Vladimir, Moscow, 1- burg, Narodnogo From 1974-on he only did ya, Twerskaya-Yamskaya, Opolcheniya St., 231-83, theoretical work, with the 36- 72, (251 - 6070) [Radio (130- 3982) [Communica - results being published in Industry]. Worked as a de- lion]. He designed the mod- the free press. He left his signer of electromechanical els of electronic shemes for job in 1984 ...... 84 91 91 elements for measuring sys- computers and synthesosed terns, which was displayed tests and implemented the at international exhibitions 88 90 91 test control systems in the Amalgamation "Signal." ..... 90 91 March 17, 1992 CONGRESSIONAL RECORD-SENATE 5869 MOSCOW SOVIET-AMERICAN BUREAU ON HUMAN of terror which we now know all too not expected to live. He was discharged RIGHTS-Continued well. Four years ago the Iraqi dictator from the hospital after 18 months of [List of secrecy refuseniks who dealt in the past with the production of se - used chemical weapons on the residents grueling recovery. ~~~~~rt~:ti1s ~~~c~h~ ~~:i.~~~l.i\:92i"dge or is the subject of trade of Kurdish villages, killing thousands Joseph Hems has spent nearly his of men, women, and children. whole life making personal sacrifices Name, address, phone, min- Left se- First ap- Last ap - Refused Mr. President, the vivid pictures of for his fellow servicemen and veterans. istry, and job description c~~:ii~- :~r:,~~e :~r:r~~e in r1~m - this massacre still haunt all who have Most recently, Joe has been the driving seen the victims lying in the streets force advocating the creation of the Shtibina, Vladislava, St. Pe tersburg, Sikeyrosa St .. 21- and homes of their villages. Whole fam Korean War Veterans Memorial in 1-174, (511-8353) [De ilies lay together frozen in death, and Washington, DC. As chairman of the fense]. She has a non-tech nical education and did despite irrefutable evidence, the Iraqi national committee to raise funds for clerical work in the plant regime to this day refuses to acknowl the memorial, he has helped raise thou "LOMO." ...... 88 90 91 Sidelnikov, Alexander, SI. Pe edge its heinous actions. Even now sands of dollars which will help to en tersburg, Altayskaya SI. , Saddam's regime continues its at sure that the memories of sacrifices of 12-60, (291- 2560) [Radio Industry]. Tested equipment tempts to destroy the Kurds with a the many Americans involved in the as a project leader of the strangling economic blockage and con Korean war are not forgotten. Central Science Industrial It C-Orp. "Leninets" ...... 91 91 91 stant military pressure. is with great pride, Mr. President, Sluchak, Vladimir, SI. Peters Saddam Hussein's willingness to use that I salute Joseph R. Hems, a native burg, Budapeshtskaya St., 106-2- 140, (176-3948) chemical weapons to slaughter his own New Jerseyite, not only on his personal [Shipbuilding Industry]. He citizens leaves little doubt about the courage and accomplishments but on took part in hydrodynamic depths of cruelty he will descend to in testing of submarines and his dedication to his fellow servicemen other deep-sea apparati. He ' · order to maintain his evil rule. The and veterans.• defended the dissertation "Acustic Characteristics of Kurds in northern Iraq have scheduled Torpedos." This research is elections next month and the United out of date which is proved States should support this effort to VICTORY OF UNIVERSITY OF by pamphlets from the firm ARI~ONA COLLEGE OF LAW "Mitzui," german patents bring a measure of democracy to a and other open materials .... 89 90 91 4 • Mr. DECONCINI. Mr. President, I rise Sorkin, Roman , Penza, Mira St .. country where freedoms have been 39- 15, (630-815) [Commu abused for so long. today to congratulate the University of nication Means Industry]. Four years ago much of the world re Arizona Law School on their victory in Worked as controller of radio-equipment in the rmained silent, and indeed continued to the International Moot Court Regional. plant "Elektropribor." He support Saddam, in the aftermath of Members of the moot court team took part in producing com munication apparati for the the gas massacres. Mr. President, we from the College of Law at the Univer Navy. He left his job in now realize that the Kurds are our nat sity of Arizona in Tucson, participat ·1983 ...... 83 88 90 Svyatkovsky, Lenoid, Ryazan, ural allies against Saddam Hussein and ing in the event for the first time ever, Tatarskaya St .. 7-3-83, they deserve our political and moral defeated the teams from 13 other law (766- 953) [Defense]. Dealt with Defense Industry equip support, as well as continued humani schools to win the southwest regional ment and was credited at tarian assistance. This grim anniver- competition in the Jussup Inter the Paris exhibition "Le Burge" ...... 89 90 91 2 sary should serve as a marker of this national Moot Court competition. This Vaysberg, Vitaly, Moscow, Nation's resolve to keep alive the hope prestigious competition, held annually Stravropolskaya St .. 12- 21, (350-4018) [Defense Indus of Kurds in Iraq struggling for freedom since 1959, attracted 200 teams from try]. Designer of electronic and democracy. Never again should law schools around the world. Those schemes for systems of re connaissance which were they, or anyone else, have to suffer teams participated in various regional old during their designing in from the brutal hand of Saddam Hus- events, and the winners will go to the 1977- 1979 ...... 80 90 90 Vykhodets, Avram, Moscow, sein.• finals. Eleven teams from the United Lodochnaya SI., 31-1- 46, States and 22 nations will be compet (492- 1897) [Aviation Min istry]. Vice-chairman of the ing. Participants were required to Labor and Salary Depart COMDR. JOSEPH R. HEMS argue both sides of the legal issues sur ment of the Tushino Plant of Machinebuilding. He knew •Mr. LAUTENBERG. Mr. President, I rounding the gulf war, and they were the salaries of pilots who rise today to pay honor to a most dis judged on how well they performed the tested the planes SU, Yak and TU-MCG ...... 89 90 90 tinguished resident of my home State arguments. Yudkovich, Leonid, N. of New Jersey, Joseph R. Hems, the Na The University of Arizona team con Novgorod, Sverdlova St .. 32- 133, (332-994) [Commu tional Commander of the Military sisted of law students: Joy Athena, Dar nication Industry]. He was a Order of the Purple Heart. We in New Crammond, Marcy Janes, and Paul programmer in the Institute of Radio Communication ..... 88 90 91 Jersey are very proud of Comdr. Joseph Moors. The team's coach is law Prof. Zaslavsky, Grigory, Murmansk, Hems. He has spent many years work Lakshaman Guruswamy, assisted by Shmidt St .. 45- 30, (752- 87) [Defense]. Worked in the ing his way up through the ranks of Prof. Thomas Mauet. army for 21 years but never veterans' organizations. Through his The University of Arizona College of had contact with secret information ...... 90 90 91 4• diligence and dedication he has helped Law, other than being nationally rec ------move the concerns and issues of veter ognized for graduating top scholars in ans to the forefront. the legal field, is also this Senator's Born in Bayonne, NJ, in 1932, he alma mater. FOUR YEARS AGO: SADDAM joined the Army in 1949 and went to Mr. President, I am proud of the ac GASSES THE KURDS basic training at Fort Dix. He moved complishments of the College of Law at • Mr. DECONCINI. Mr. President, long on to leadership school in Virginia and the University of Arizona. Their com before Saddam Hussein's atrocities was assigned to a post engineering mitment to excellence is well known. gained widespread notoriety, his brutal company. It is this commitment that has given regime had waged a campaign to anni When the Korean war broke out, many legal professionals the building hilate Kurds living in northern Iraq. Commander Hems was airlifted to blocks to construct strong and success Villages were razed, thousands were Korea where he served as a member of ful careers.• killed, and tens of thousands forced to E Company, 8th Cavalry Regiment. At flee their homes. Today marks the the Walled City engagement on Sep fourth anniversary of an episode in tember 14, 1950, on Hill 570, a mortar THE 1992 GOVERNOR'S that brutal and ongoing campaign round exploded causing Commander CONFERENCE ON WOMEN which horrified the world and fore Hems to suffer a severe head wound. He • Mr. BREAUX. Mr. President, this shadowed Saddam's barbarous tactics was evacuated to Boston and he was week, women from all over Louisiana 5870 CONGRESSIONAL RECORD-SENATE March 17, 1992 will gather in Baton Rouge to take Blanco. They are among the most pro Without a doubt, these public serv part in an outstanding program to dis gressive State officials in the United ants represent the most influential and cuss and debate the important issues of States, elected to office and recognized effective group of women who have our time. as talented and energetic public serv ever held public office. They will con The 1992 Governor's Conference on ants throughout America. tinue to be recognized for their lasting Women on March 19 and 20---sponsored Melinda Schwegmann, Mary commitment to Louisiana and their by the Louisiana legislative women's Landrieu, and Kathleen Blanco have role in the emergence of women in pub caucus and Gov. Edwin Edwards-will entered the political world with the lic office. feature many of the best, brightest, same strength of character as another I will join these State leaders this and most dynamic women in Louisi incredible Louisiana woman who has week in Baton Rouge and look forward ana. During the program they will do changed the face of politics forever, to an insightful and challenging discus what they do on a daily basis with Lindy Boggs. We all know that Lindy sion. By participating in the con strength and leadership: confront cru Boggs has provided unparalleled lead ference, I hope to come away with in cial issues including the environment, creased understanding of the needs and education, health care, day care, insur ership and public service to Louisiana ance, and housing. and the Nation, and I am confident concerns of our State and Nation as The conference participants are ex that Melinda Schwegmann, Mary these knowledgeable and experienced traordinary people, and I would like to Landrieu, and Kathleen Blanco will women see them. take this opportunity to recognize and continue her legacy. The Governor's Conference on thank them for their leadership and However, they are not the only Lou Women offers a necessary forum which the long-overdue and creative approach isiana women who have distinguished encourages women leaders to discuss they bring to public service. themselves in their service to the pub their concerns and ideas regarding cri t As the junior Senator from Louisi lic. They are joined by other remark i cal issues. As a fellow public servant, ana, I am proud that the constituents able women who serve Louisiana: Em I realize the importance of this kind of of my State have recognized the excep ployment and training secretary Gayle interaction and hope to gain a broader tional qualities of three women leaders Truly, social services secretary Gloria understanding of the issues by partici in particular. The voters of Louisiana Byrant-Banks, State Senator Diana pating and listening. have placed their trust in these women Bajoie, and State Representatives Shir If we hope to find real solutions to by voting them into three of the ley Bowler, Irma Muse Dixon, Sydnie today's problems, it is extremely im State's highest elected offices-Louisi May Durand, Melissa Flournoy, Su portant to engage in open dialog while ana Lt. Gov. Melinda Schwegmann, zanne Krieger, Renee Pratt, Naomi exploring the issues, just the kind of State treasurer Mary Landrieu, and White Warren, Sharon Weston, and opportunity that the Governor's Con Public Service Commissioner Kathleen Pinkie Wilkerson. ference on Women offers.•

FOREIGN CURRENCY REPORTS Ill accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following report(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and se lect and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel: CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.l. 95-384-22 U.S.C. 1754(b), COMMITIEE ON AGRICULTURE , NUTRITION, AND FORESTRY, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1991

Per diem Transportation Miscellaneous Total

PATRICK LEAHY, Cha irman, Committee on Agriculture. Nutrition and Forestry, Jan. 30, 1992.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.l. 95-384-22 U.S.C. 1754(b), COMMITIEE ON ARMED SERVICES, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1991

Per diem Transportation Miscellaneous Total

Senator John W. Warner: France ...... Franc ...... 761.76 138.00 761.76 138.00 Belgium ...... Franc ...... 7,473 227.00 7,473 227 .00 United Kingdom ...... Pound ...... 100.72 180.00 100.72 180.00 Judith A. Ansley: France ...... Franc ...... 1,396.56 253 .00 1,396.56 253.00 Belgium ...... Franc ·········· ·········································· 20,542 624 .00 ... 20,542 624.00 United Kingdom ...... Pound ...... 313 .37 560 .00 313.37 560 .00 March 17, 1992 CONGRESSIONAL RECORD-SENATE 5871 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.l. 95-384-22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1991-Continued

Per diem Transportation Miscellaneous Total

Senator Sam Nunn: Federal Republic of Germany ...... Deutsche Mark ...... 1,977.32 1,218.75 1,977.32 1,218.75 Spain ...... Peseta ...... 94,245 915.00 94,245 915.00 France ...... Franc ...... 6.906.90 1,265.00 6,906.90 1,265.00 Arnold L. Punaro: _ Federal Republic of Germany ...... Deutsche Mark ...... 1,977.32 1,218.75 1,977.32 1,218.75 Spain ...... Peseta ...... 94,245 915.00 94,245 915 .00 France ...... Franc ...... 6,906.90 1,265.00 6,906.90 1,265.00 Total ...... 8,779.50 8,779 .50 SAM NUNN, Chairman , Committee on Armed Services, Jan. 31 , 1992. AMENDED CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITIEE ON ARM~D SERVICES, FOR TRAVEL FROM JULY 1 TO SEPT. 30, 1991

Per diem Transportation Miscellaneous Total

Name and country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of currency Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

Senator Sam Nunn: Russia ...... Dollar ... 921.08 1,397.39 2,318.47 Robert G. Bell: Russia ...... Dollar ...... 921.09 3,975.10 4,896.19 Total ...... 1,842.17 5,372.49 7,214 .66 SAM NUNN, Chairman , Committee on Armed Ser1ices, Dec. 13, 1991.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1991

Lamar Smith: Thailand ...... Bahl ...... 37,340 1,470.00 1,803 70.63 39,143 1,540.63 United States ...... Dollar ...... 2,786.00 2,786 .00 Carolyn Jordan: Thailand ...... Ba ht ...... 37,340 1,470.00 1,803 70.63 39,143 1,540.63 United States ...... Dollar ...... 2,786.00 2.703 .00 Saul Singer: Thailand ...... Bahl ...... 37,340 1,470.00 1,803 70.63 39,143 1,540.63 United States ...... Dollar ...... 2,703.00 2.703.00 John Walsh: Thailand ...... Bahl ...... 37,340 1,470.00 1,803 70.63 39,143 1,540.63 United States ...... Dollar ...... 2,703 .00 2,703.00 Jennifer Hillman: Thailand .... :...... Ba ht ...... 37,340 1,470.00 1,803 70.63 39,143 1,540.63 Un ited States ...... Dollar ...... 2,703.00 2,703.00 Leslie Woolley: Thailand ...... Bahl ...... 37,340 1,470.00 1,803 70.63 39,143 1,540.63 United States Dollar ...... 2,703.00 2,703 .00 Martin Gruenberg: Switzerland ...... Franc ...... 926 .88 663 .00 ...... 926.88 663.00 United States ...... Dollar ...... 708.00 708.00 Patrick Mulloy: Switzerland ...... :...... Franc . 617.90 442.00 671.90 442.00 United States ...... Dollar .. 708.00 ...... 708.00 Total ...... 9,925.00 17,800.00 423,78 28,148,78 DONALD W. RIEGLE JR., Chairman, Committee on Banking Housing and Urban Affairs, Jan . 29, 1992.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITIEE ON ENERGY AND NATURAL RESOURCES, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1991

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency Gary Ellsworth: Austria ...... Do llar ...... 971.56 795.02 11.38 1,777.96 Senator Daniel Akaka : Micronesia, Marshall Islands ...... Dollar I.573.00 1,573.00 Patrick McGarey: Micronesia, Marshall Islands ...... Dollar 1,573.00 1.573.00 Allen P. Slayman: Micronesia, Marshall Islands ...... Dollar . 3,180.34 3,180.34 James O'Toole : Micronesia, Marshall Islands ...... Dollar ...... 3,143.18 3,143.18 5872 CONGRESSIONAL RECORD-SENATE March 17, 1992 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITIEE ON ENERGY AND NATURAL RESOURCES, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1991-Continued

Per diem Transportation Miscellaneous Total U.S. dollar Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

James P. Beirne: Micronesia, Marshall Islands ...... Dollar 3,143.18 3,143.18 Benjamin Cooper: Japan, Micronesia, Marshall Islands ...... Dollar 3,565.93 3,565.93 G. Robert Wallace: China, Micronesia. Marshall Islands ...... Dollar 2,460.84 2,460.84 Richard Grundy: Japan, China ...... Dollar 1,669.23 2,389.61 123.92 4,182.76 Total ...... 2,640.79 21,824.10 135.30 24,600.19

J. BENNETT JOHNSTON, Chairman , Committee on Energy and Natural Resources, Feb. 3, 1992. CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C . 1754(b), COMMITIEE ON ENVIRONMENT AND PUBLIC WORKS, FOR TRAVEL FROM OCT. 1 TO DEC. 31 , 1991

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign cu r- equivalent Foreign cur- equivalent Foreign cur- equivalent . Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

Senator Steve Symms: England ...... Pound ...... :...... 464 .40 840.00 464.40 840 .00 Belgium ...... Franc ...... 8,653 266.00 8,653 266.00 Switzerland Franc ...... 309.75 221.00 309.75 221.00 France ...... Franc ...... 2,322 430.00 2,322 430.00 United States Dollar ...... 653.90 653.90 J.D. Foster: England ...... Pound ...... 464.40 840.00 464.40 840.00 Belgium ...... Franc ...... 8,653 266.00 8,653 266.00 Switzerland ...... Franc 309.75 221.00 309.75 221.00 France ...... Franc 2,322 430.00 2,322 430.00 United States ...... Dollar . 653.90 653.90 Claudia McMurray: Canada ...... Dollar ...... 257 .87 227 .00 257 .87 227 .00 United States ...... Dollar ...... 277.63 277.63 Total ...... 3.741.00 1,585.43 5,326 .43 QUENTIN BURDICK, Chairman, Committee on Environment and Public Works, Jan. 28, 1992. CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL FROM OCT. 1 TO DEC . 31 , 1991

Per diem Transportation Miscellaneous Total U.S. dollar Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar Foreign cu.r- equ iva lent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

Senator Max Baucus: Switzerland ...... Franc ...... 958.64 684 .00 958.64 684 .00 United States ...... Dollar ...... 2,828.00 2,828.00 Deborah Lamb : Switzerland ...... Franc ...... 969 .50 652.00 969 .50 652 .00 United States ...... Dollar ... .. 708.00 708.00 Marcia Miller: Switzerland ...... Franc .... . 1,198.30 855.00 1,198.30 855.00 United States ...... Dollar 708.00 708.00 Robert Kyle: Switzerland ...... Franc ...... 1,198.30 855.00 1,198.30 855.00 United States ...... Dollar ...... 1,497.00 1,497.00 Rolf Lundberg: Switzerland ...... Franc ...... 958.64 684.00 958.64 684.00 United States ...... Dollar 727.00 727 .00 Greg Mastel: Switzerland ...... Franc ...... 958.64 684.00 958.64 684.00 United States ...... Dolla r ...... 727.00 727.00

Total 4,414.00 7,195.00 11 ,609 .00 LLOYD BENTSEN, Chairman , Comm ittee on Finance, Jan. 29, 1992.

Per diem Transportation Miscellaneous Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign cur- eq uivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

Senator Lloyd Bentsen: Mexico ...... Peso . 220,000 72.46 220 ,000 72 .46 Brazil ... . Cruzado 210,637 .44 522 .00 210,637 .44 522.00 Argentina Austral .. 6,690,1 13 678.00 6,690 ,113 678.00 March 17, 1992 CONGRESSIONAL RECORD-SENATE 5873 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL AUG. 11-24, 1991-Continued

Chile ...... Peso ...... 102,297 .50 290 .00 102,297.50 290.00 Venezuela ...... Bolivar .. .. 21.170.10 357.00 21,170.10 357.00 Senator David Durenberger: Mexico ...... Peso ...... 166,600 54.87 166,600 54.87 Ecuador ...... Sucre ...... 129 .12 129 .12 Brazil ...... Cruzado ...... 210,637 .44 522.00 210,637.44 522.00 Argentina ...... Austral ...... 6,690,113 678.00 6,690 ,113 678.00 Chile ...... Peso ...... 137,572.50 390.00 137,572.50 390.00 Venezuela ...... Bolivar ...... 13,461.10 227.00 13,461.10 227.00 Senator Max Baucus: Mexico ...... Peso ...... 66,900 22.03 66 ,900 22.03 Ecuador ...... Sucre ...... 83,334 75.00 83,334 75.00 Brazil ...... Cruzado ...... 210,637 .44 522.00 210,637.44 522.00 Argentina ...... Austral ...... 6,690,113 678.00 6,690,113 678.00 Chile ...... Peso ...... 137,572.50 390 .00 137,572.50 390.00 Venezuela ...... Bolivar ...... 30,065 .10 507.00 30,065 .10 507.00 Vanda McMurtry: Ecuador ...... Sucre ...... 150,001 135.00 150,001 135.00 ' Brazil ...... Cruzado ...... 210,637.44 522.00 210,637 .44 522.00 Argentina ...... Austral ...... 6,690,113 678.00 6,690,113 678.00 Chile ...... Peso ...... 137,572.50 390 .00 137,572.50 390.00 Venezuela ...... Bolivar ...... 30,065.10 507 .00 30,065.10 507.00 Robert Kyle: Mexico ...... :...... Peso ...... 1,086,900 358.00 1,086,900 358.00 Ecuador ...... · Sucre ...... 150,001 135.00 ...... 150,001 135.00 Brazil ...... Cruzado ...... 210,637 .44 522 .00 210,637 .44 522.00 Argentina ...... Austral ...... 6,690,113 678.00 6,690,113 678.00 Chile ...... Peso ...... 137,572 .50 390.00 137,572.50 390.00 Venezuela ...... Bolivar ...... 30,065.10 507.00 30,065.10 507.00 Delegation Expenses: 1 Mexico ...... 1.473.39 1,473.39 Ecuador ...... 565.20 565.20 Brazil ...... 3,575.93 3,575.93 Argentina ...... 4,069.14 4,069.14 Chile ...... 3,260.41 3,260.41 Caracas ...... 1,267.75 1,267.75 Total ...... 10,807.48 ...... 14,211 .82 ...... 25,019.30 1 Delegation expenses include direct payments and reimbursements lo the State Department and to the Defense Department under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of Public Law 95- 384, and S. Res. 179, agreed to May 25, 1977. The following individual traveled with the Delegation under authorization as noted : Ms. Dee Bartley-Majority Leader. Report of her expenditures appears in the report of the authorizing source. LLOYD BENTSEN, Chairman, Committee on Finance, Dec. 19, 1991. CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS, FOR TRAVEL FROM OCT. 1, TO DEC. 31 , 1991

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency Senator Daniel P. Moynihan United Kingdom ...... Pound ...... 823 .52 1,400.00 ...... 823 .52 1,400.00 Senator Frank H. Murkowski Taiwan ...... Dollar ...... 27,610 1,073 .50 874.48 34.00 17,335.30 674.00 45,819.78 1,781.50 Japan ...... Yen ...... 144,170 1.109.00 5,330 41.00 116,818.2 1,360.14 161 ,181.2 2,510.14 Korea ...... Won ...... : ...... 547,400 726 .00 16,588 22.00 815,300 1,081.30 13,792,880 1,829.30 United States ...... Dollar ...... 3,452.00 3,452.00 Senator Larry Pressler: Italy ...... Lire ...... 1,271.172 1,036 .00 ...... 1,271 ,172 1,036.00 United States ...... Dollar ...... 4.918.80 4,919 .80 Cuba ...... Dollar ...... 600 .00 600.00 Dominican Republic ...... Peso ...... 3,988 316.00 3,988 316.00 Suriname ...... Dollar ...... 174.00 174.00 David Hafemeister Soviet Union ...... Dollar ...... 122.00 122.00 United States ...... Dollar ...... 1,943.70 1,943.70 Jennifer Brick: Taiwan ...... Dollar ...... 27,610 1,073.50 1,388.88 54.00 11 ,291.08 439.00 40,298.96 1,566.50 Japan ...... Yen ...... 144,170 1,109.00 14,170 109.00 114,995.10 1,192.27 273,335.10 2,410.27 Korea ...... Won ...... 547,400 726 .00 45,994 61.00 649,948 862.00 1,243 ,342 1,649.00 United States .... . Dollar ...... 3,452.00 ..... 3,452.00 Peter W. Galbraith: Yugoslavia ...... Dollar ...... 1.795.00 84.00 1,879.00 Austria ...... : ...... Shilling ...... 2,437 .47 219.00 2,437 .47 219.00 Albania ...... Dollar ...... 784.00 784.00 Steven Phillips: Switzerland ...... Franc ...... 2,979.95 2,104.45 2,979.95 2,104.45 United States ...... Dollar ...... 681.90 681.90 Dan Nelson: Cuba ...... Dollar ...... 600 .00 600.00 Dominican Republic ...... Peso ...... 3,988 316.00 3,988 316.00 Suriname ...... Dollar ...... 174.00 174.00 John B. Ritch: Spain ...... Peseta .. 109,140 1,021.00 109,140 1,021.00 Bruce Rickerson: Dominican Republic ...... Peso ...... 7,017 389.00 298.00 7,017 687.00 Suriname ...... Dollar ...... 174.00 174.00 James P. Rubin: Austria ...... Shilling ...... 2,437 .47 219 .00 2,437 .47 219.00 Yugoslavia .... . Dollar ...... 1,795.00 1,795.00 Albania ...... Dollar ...... 784 .00 784 .00 United States Dollar ...... 3,659.70 3,659.70 Richard J. Kessler: Singapore ...... Dollar ...... 736 .56 340.00 .. .. . 736.56 340.00 5874 CONGRESSIONAL RECORD-SENATE March 17, 1992 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITIEE ON FOREIGN RELATIONS, FOR TRAVEL FROM OCT. 1, TO DEC. 31, 1991-Continued

Per diem Transportation Miscellaneous Total

Senator John F. Kerry: Thailand ...... Dollar ...... 528.00 528.00 Vietnam ...... Dollar ...... 768.00 768.00 Cambodia ...... Dollar ...... 188.00 188.00 Austria ...... Shilling ...... 1,981.59 161.00 1,981.59 161.00 United States ...... Dollar ...... """7:227:00 7,227.00 Senator Mitch McConnell: Hong Kong ...... Dollar ...... 4,041.32 522.00 4,041.32 522.00 Thailand ...... Bahl ...... 3,033 116.00 3,033 116.00 United States ...... Dollar ...... 5,151.00 5,151.00 Senator Larry Pressler: Italy ...... Lire ...... 1,962,114 1,507,00 390,000 308.79 2,352,114 1,815.79 Finland ...... Finnmark ...... 681.00 160.00 681.00 160.00 Sweden ...... Krona ...... 9,718 1,515.00 448 70.05 10,166 1,585.05 Soviet Union ...... Dollar ...... 2,009.00 2,009.00 United States ...... Doi.Jar ...... '3:9ss:ii 3,956.33 Jennifer Brick: Thailand ...... Bahl ...... 13,522 528.00 1,800 72.00 13,594.81 543.80 15,394.81 1,143.80 Vietnam ...... Dollar ...... 1.152.00 .... 524.90 333.00 2,009.90 United States ...... Dollar ...... 2,950.33 2,950.33 Peter W. Galbraith: Turkey ...... lira ...... 2,092,277 455 .00 2,092,277 455.00 United States ...... Dollar ...... 4:3ii7:oo 4,387.00 Frances Zwenig: Thailand ...... Dollar ...... 528.00 528.00 Vietnam ...... Dollar ...... 768.00 160.00 928.00 Cambodia ...... Dollar ...... 188.00 250.00 438.00 United States ...... Dollar ...... 3,263.00 3,263.00 Steven M. Polansky: Switzerland ...... Franc ...... 2,905 1,322.80 2,905 1,322.80 United States ...... Dollar ...... 708.00 708.00 Brian J. Riendeau: Hong Kong ...... Dollar ...... 4041.32 522.00 4,041.32 522.00 Thailand ...... Bahl ...... 3033.00 116.00 3,033.00 116.00 United States ...... Dollar ...... 5,336.00 5,336.00 Anne Smith: Italy ...... Lire ...... 382,665 291.00 382,665 291.00 Finland ...... Finnmark ...... 681.10 160.00 681.10 160.00 Sweden ...... Krona ...... 9,718 1,515.00 70.05 9,718 1,585.05 Soviet Union ...... Dollar ...... 2,009 .00 2,009.00 United States ...... Dollar ...... 2,125.97 2,125.97 Nancy H. Stetson: Thailand ...... Dollar ...... 528.00 328.00 Vietnam ...... Dollar 768.00 ...... '""""160:00 928.00 Cambodia ...... Dollar ...... 188.00 250.00 438.00 United States ...... Dollar ...... 4,412.00 4,412.00 Peter Cleveland: Ivory Coast ...... Franc ...... 123,968 416.00 123,968 416.00 Ethiopia ...... Birr ...... 464.40 227 .00 464.40 227 .00 Kenya ...... Shilling ...... 8,039.55 250.00 8,039.55 250.00 South Africa ...... Rand ...... 1,465.23 507.00 1,465.23 507.00 Cape Verde ...... Dollar ...... 150.00 150.00 William L. Triplett: Taiwan ...... Dollar ...... 24,944 936.00 24,944 936.00 Hong Kong ...... Dollar ...... 11,743.70 1,513.00 11,743.70 1,513.00 United States ...... Dollar ...... 2,908.00 2,908.00 Tracy E. Usry: Korea ...... Won ...... 294,390 408.88 294,390 408.88 Richard L. McCall: Mexico ...... Peso ...... 1,634,091 537.00 1,634,091 537.00 El Salvador ...... Colone ...... 5,992.50 799.00 5,992.50 799.00 United States ...... Dollar ...... 851.00 851.00 Frances Zwenig: Thailand ...... Bahl ...... 10,587 413 .39 10,587 413.39 Vietnam ...... Dollar ...... 791.00 161.00 952.00 Malaysia ...... Dollar ...... 125.00 78.00 203.00 Hong Kong ...... Dollar ...... 225.00 225.00 United States ...... Dollar ...... 3,411.06 3,411.06 Senator Charles S. Robb: Ivory Coast ...... Franc ...... 123,968 416.00 123,968 416.00 Ethiopia ...... Birr ...... 858.77 418.00 858.77 418.00 Kenya ...... Shilling ...... 6.610.30 150.00 6,610.30 150.00 South Africa ...... Rand ...... 650 .25 189.00 650.25 189.00 Cape Verde ...... Dollar ...... 150.00 150.00 Adwoa Dunn-Mouton: United Kingdom ...... Pound ...... 156.04 253.00 156.04 253.00 N1gena ...... Naira ...... 7,371,000 426.00 7,371.00 426.00 Ivory Coast ...... Franc ...... 236,360 760.00 236,360 760 .00 United States ...... Dollar ...... 3,913.00 Sandra Mason·, Ivory Coast ...... Franc ...... 123,968 416.00 123,968 416.00 March 17, 1992 CONGRESSIONAL RECORD-SENATE 5875 CONSOLIDATED REPORT OF EXPENDITURE -OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITIEE ON FOREIGN RELATIONS, FOR TRAVEL FROM JULY 1, TO SEPT. 30, 1991-Continued

Per diem Transportation Miscellaneous Total

Ethiopia ...... Birr ...... 464.40 227 .00 ...... 464.40 227.00 Kenya ...... Shilling ...... 8,039.55 250.00 8,039.55 250.00 South Africa ...... Rand ...... 1,465.23 507.00 1,465.23 507.00 Cape Verde ...... Dollar ...... 150.00 ...... 150.00 Daniel A. Nelson: Italy ...... Lire ...... 382 ,665 291.00 382,665 291.00 Finland ...... Finn mark ...... 681.10 160.00 681.10 160.00 Sweden ...... Krona ...... 9,718 1,515.00 9,718 1,515.00 Soviet Union ...... Dollar ...... 2,009.00 2,009.00 United States ...... Dollar ...... 2,125 .97 2,125.97 Adwoa Dunn-Mouton: Ivory Coast ...... Franc ...... 123,968 416.00 123,968 416.00 Ethiopia ...... Birr ...... 464.40 227.00 464 .40 227 .00 Kenya ...... Shilling ...... 8,039.55 250.00 8,039.55 250.00 South Africa ...... Rand ...... 1,465.23 507.00 1,465.23 507.00 Cape Verde ...... Dollar ...... 150.00 150.00 Senator Paul Simon : Ivory Coast ...... Franc ...... 91,810 288.48 91 ,810 288.48 Ethiopia ...... Birr ...... 885.45 433.00 885 .45 433 .00 Kenya ...... Shilling ...... 6,610.30 150.00 6,610.30 150.00 South Africa ...... Rand ...... 176.29 61.00 176.20 61.00 Cape Verde ...... , ...... Dollar ...... 150.00 150.00 Total ...... :...... 6,730.55 54,381.56 1.325.69 92,437 .80 CLAIBORNE PELL, Chairman, Committee on Foreign Relations, Nov. 12, 1991. AMENDED CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCiES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), COMMITIEE ON FOREIGN RELATIONS

Per diem Transportation . Miscellaneous Total

AMENDED CONSOLIDATED REPORT OF EXPENDITURES OF FOREIGN CURRENCIES AND APPROPIATED FUNDS FOR TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC . 22 , P.L. 95- 384-22 U.S.C. 1754(b), COMMITIEE ON. FOREIGN RELATIONS, THIRD QUARTER OF 1989

Per diem Transportation Miscellaneous Total

Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S . currency or U.S. currency or U.S. currency rency rency rency

Senator Charles S. Robb: Deutsche Mark ...... 32,742 214.00 32,742 214.00 ~~~~~:y... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ...... Dinar ...... 2,449.70 310.00 2449.70 310.00 Algiers ...... Dinar ...... 12,1 00 75 .00 12,100 75.00 Total ...... 599.00 599.00 CLAIBORNE PELL, Chairm an , Committee on Foreign Relations, Nov. 8, 1991. 5876 CONGRESSIONAL RECORD-SENATE March 17, 1992 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY SEC . 22, P.L. 95-384-22 U.S.C. 1754(B), COMMITTEE ON GOVERNMENTAL AFFAIRS, FOR TRAVEL FROM APR. 1 TO JUNE 30, 1991

Per diem Transportation Miscellaneous Total U.S. dollar Name of currency U.S. dollar U.S. dollar U.S. dollar Name and country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

R. Ian Butterfield: The Netherlands ...... Guilder ...... 2,784.50 1.448.00 2,784.50 1,448.00 United States ...... Dollar ...... 963.00 963.00 Total ...... 1.448.00 963.00 2,411.00 JOHN GLENN, Chairman, Committee on Governmental Affairs, Dec. 18, 1991.

AMENDED CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRE~CIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.l. 95-384-22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY, FOR TRAVEL FROM JULY 1 TO SEPT. 30, 1991

Per diem Transportation Miscellaneous Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

Cecilia Swensen: United States ...... Dollar ...... 2,055.02 2,055.02 Estonia ...... Dollar ...... 255.00 ... 255.00 Austria ...... Dollar ...... 211.00 211.00 Lithuania ...... Dollar ...... 255.00 255.00 Soviet Union ...... Dollar ...... 178.00 178.00 Soviet Union ...... Dollar ...... 564.00 564.00 Germany ...... Dollar ...... 174.00 174.00 Total ...... 1,637.00 2,055.02 3,692.02 JOSEPH R. BIDEN, JR., Chairman, Committee on the Judiciary, Nov. 5, 1991.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.l. 95-384- 22 U.S.C. 1754(b), SELECT COMfy11TTEE ON INTELLIGENCE, FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1991

Per diem Transportation Miscellaneous Total

Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

Blythe Thomas ...... 1,372.00 2,871.70 4,243.70 Arthur Grant ...... 1,244.00 2,871.70 4,115,70 Connell Sullivan ...... 1,284.00 2,871.70 4,155.70 Christopher Straub ...... 1,333.91 4,865.80 6,199.71 John Moseman ...... 1,298.11 4.865.80 6,163.91 Don Mitchell ...... 1,364.15 4,867.60 6,231.75 Marvin Ott ...... 1,282.00 3,466.00 4,748.00 Christopher Mellon ...... 1,112.00 3,466.00 4,578.00 Zachariah Messitte ...... 945.00 4,041.70 4,986.70 Timothy Carlsgaard . 945 .00 4,041.70 4,986.70 Terrence Ryan ...... 945.00 4,041.70 4,986.70 Total ...... 13,125.17 42,271.40 55,396.57 DAVID l. BOREN, Chairman, Select Committee on Intelligence, Jan. 1:; 1'992.

AMENDED CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95-384-22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY LEADER FROM JULY 1 TO SEPT. 30, 1991

Per diem Transportation Miscellaneous Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency rency rency rency

Dee Bartley: Mexico ...... Peso ...... 1,086,900 358.00 1,086,900 358.00 Ecuador ...... Sucre ...... 150,001 135.00 150,001 135.00 Brazil .... Cruzado ...... 210,637 522.00 210,637 522.00 Argentina Austral ...... 6,690,115 678.00 6,690,115 678.00 Chile ...... Peso ...... 137,572 390 .00 137,572 390.00 Venezuela ...... Bolivar ...... 30,065 .50 507 .00 30,065 .50 507.00 Total 2,590.00 2,590.00 GEORGE J. MITCHELL, Majority leader, Feb. 5, 1992.

NEWLY APPOINTED POLICE CHIEF appointed police chief for the city of standing leadership and dedication. It •Mr. DECONCINI. Mr. President, I am Tucson. Chief Hedtke is the first is this Senator's opinion that having honored to have this opportunity to woman police chief in Tucson history the ability to dedicate one's life to the rise today in recognition of Elaine S. and is among the first woman chiefs in service of others is not only noble, but Hedtke, a fine police officer and newly the country. She has displayed out- selfless. The men and women that be- March 17, 1992 CONGRESSIONAL RECORD-SENATE 5877 come police officers know that they are day, March 18; that following the pray RECESS UNTIL TOMORROW AT 9:45 risking their lives daily in order to pro er, the Journal of Proceedings be A.M. tect the lives of others. deemed approved to date; that the time Mr. MITCHELL. Mr. President, if Elaine Hedtke has been with the Tuc for the two leaders be reserved for their there is no further business to come be son Police Department for the last 17 use later in the day; that there then be fore the Senate today, I now ask unani years. During this time she has been a a period for morning business, not to mous consent that the Senate stand in succession of firsts. In 1982, she became extend beyond 10:30 a.m., with Senators recess as previously ordered. the department's first female lieuten There being no objection, the Senate, ant. In 1986, she became the first fe permitted to speak therein for up to 5 minutes each, with Senator JEFFORDS at 5:58 p.m., recessed until Wednesday, male captain. Most recently, Mrs. March 18, 1992, at 9:45 a.m. Hedtke was named the first female as recognized for up to 20 minutes and sistant police chief in 1989. Senators HATFIELD and LEVIN for up to I appreciate this opportunity to con 10 minutes each; that under the author NOMINATIONS gratulate Chief Hedtke. She has spent ity granted to me in a previous unani near 20 years serving the city of Tuc Executive nominations received by mous-consent agreement and following the Senate March 17, 1992: son; I have no doubt that the police de consultation with the Republican lead partment is under superb leadership. I er, that at 10:30 a.m., Wednesday, DEPARTMENT OF STATE wish the Hedtke family the very best March 18, the Senate proceed to the EDWARD JOSEPH PERKINS, OF OREGON, A CAREER and congratulate the city of Tucson on MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF consideration of the veto message on CAREER MINISTER, TO BE THE REPRESENTATIVE OF THE their decision to appoint such a dedi UNITED STATES OF AMERICA TO THE UNITED NATIONS H.R. 2212, MFN status for China; fur WITH RANK AND STATUS OF AMBASSADOR EXTRAOR cated and talented individual.• DINARY AND PLENIPOTENTIARY. AND THE REPRESENT ther that the Senate stand in recess ATIVE OF THE UNITED STATES OF AMERICA IN THE SE from 12:30 p.m., to 2:30 p.m., for the re CURITY COUNCIL OF THE UNITED NATIONS. ORDERS FOR TOMORROW spective party conference luncheons. DEPARTMENT OF AGRICULTURE Mr. MITCHELL. Mr. President, I ask BE'ITY JO NELSEN, OF WISCONSIN, TO BE AN ASSIST The PRESIDING OFFICER. Without ANT SECRETARY OF AGRICULTURE, VICE CATHERINE unanimous consent that when the Sen objection, it is so ordered. ANN BERTINI. ate completes its business today, it BE'ITY JO NELSEN, OF WISCONSIN, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE COMMODITY CREDIT stand in recess until 9:45 a .m., Wednes- CORPORATION. VICE CATHERINE ANN BERTINI.