October 28, 1985 CONGRESSIONAL RECORD-SENATE 29253 SENATE-Monday, October 28, 1985 The Senate met at 11 a.m. and was sion to move to that bill today. If any Whereas, after 16 years of loyalty, Kansas called to order by the President pro votes are ordered, they would be set City Royals fans in Kansas, Iowa, Arkansas, tempore [Mr. THURMOND]. aside until tomorrow at 2 o'clock. South Dakota, Missouri, and all over this Let me indicate that we are nearing great Nation have been rewarded with a PRAYER much-deserved world title; November 1, on Friday. In view of are­ Whereas, Manager and his The Chaplain, the Reverend Rich­ quest from a number of Members that team have demonstrated they are indeed ard C. Halverson, D.D., offered the fol­ we do all we can to move the legisla­ the right stuff; lowing prayer: tion we have before us, we shall be Whereas, after an 11 to 0 seventh game Let us pray. coming in-we will not be in too late victory last night the Royals-and Kansas ANNIVERSARY OF DEDICATION OF THE STATUE OF this evening, but starting tomorrow, City, Kansas, and Kansas City, Missouri­ LIBERTY we will probably be in at 8 or 8:30 in are on top of the baseball world: Now, there­ the morning and probably into th~ fore, be it God of our fathers, on this 99th Resolved, That the Senate recognizes and birthday of the Statue of Liberty, we evening, and follow that procedure applauds the accomplishments of the remember the history of this uncom­ through Friday and, hopefully, com­ , 1985 baseball champi­ mon land and the measure of its great­ plete action on the farm bill. I am not ons. ness as a servant to the dispossessed of going to predict that.

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 29254 CONGRESSIONAL RECORD-SENATE October 28, 1985 Mr. President. I would only add the ting. These are dedicated and commit­ The motion to lay on the table was sentiment that I am a person who is ted fans who drive from hundreds of agreed to. very proud of both teams which miles around Kansas City to see their

51-0!i9 0-1'17- :!.i I Pt. ti l 29258 CONGRESSIONAL RECORD-SENATE October 28, 1985 al action, will go into effect during the able-these reports cast a dark shadow Guards who briefed Rafsanjani. Ac­ month of December. on any type of sensitive relationship cording to some reports, Khomeini has Press reports during the past several with Red China, particularly in the placed Rafiqdust in charge of weapons weeks have indicated that Red China nuclear area. procurement rather than allowing the is facilitating the proliferation of nu­ Mr. President, it is no secret that regular military to continue to handle clear weapons. Several of our distin­ Iran has a missile industry. The offi­ this process. It is also reported that guished colleagues have expressed cial Iranian news agency has publicly Rafiqdust is married to Rafsanjani's grave reservations about the agree­ released information about this activi­ sister. ment and grave concerns about Red ty. For example, on April 9, 1985, Ira­ According to reports reaching my China's activities in the nuclear field. nian news services announced that the office, much of the Iranian missile de­ Now, Mr. President, I wish to call at­ Minister of the Revolutionary Guards, velopment program is carried out at a tention to reports of Western news Mohsen Rafiqdust, met with the location near the new Isfahan airport. agencies in Peking that China is assist­ speaker of the Iranian Parliament, Ali It is said that a number of technical ing Iran in developing surface-to-sur­ Akbar Hashemi Rafsanjani, in order specialists, including North Koreans, face missiles of a design that is nucle­ to brief him on the latest develop­ are working at this location. ar-capable. ments in the Iranian missile industry. Mr. President, the Khomeini regime Apart from the terms of the nuclear This report was carried by our Federal has been developing surface to air mis­ agreement, which I believe are serious­ Broadcast Information Service in its siles based upon the Chinese versions ly defective particularly in the area of Daily Report for April 10, 1985. of the Soviet Sam-2 and Sam-6 sys­ verification and reprocessing, the Mr. President, I ask unanimous con­ tems. The Iranian missile based upon question arises as to whether we can sent that that report be printed in the the Sam-2 design is designated the trust Red China to keep any agree­ RECORD. Sahand I. The Iranian missile based ment-no matter how is is drafted. There being no objection, the report upon the Sam-6 design is designated Mr. President, I happen to be chair­ was ordered to be printed in the the Sahand II. It is said that the Red man of the Senate Committee on Agri­ REcoRD, as follows: culture, and in that capacity I have Chinese have been having problems gained a personal awareness of the RAFIQDUST BRIEFS RAFSANJANI ON MISSILE developing certain componente for manner in which the major United INDUSTRY these missiles and that the Iranians States agreement with Red China­ [Text] TEHRAN, April 9, IRNA.-Islamic have been able to cooperate with Red the 1981-84 bilateral long-term grain Revolution's Guards URGC> Minister China to obtain these components Mohsca Rafiqdust, met with the Supreme from various sources including Syria. agreement-has been implemented to Defence Council Spokesman, "Ali Akbar Ha­ date. Not only did Red China fail to Reportedly, Syrian technicans are shemi-Rafsa.njani today. In this meeting, operating these systems in two loca­ fulfill its purchase obligations under Rafiqdust presented a report on the latest the LTA before its expired in Decem­ progress in the IRGC's missile industry. tions in Iran: at the Mehrab Interna­ tional Airport, and at the residence of ber 1984, but it has made no effort to Mr. HELMS. Mr. President, 3 days fulfill these obligations since. Ayatollah Khomeini at Jamaran later, Rafsanjani was quoted by Irani­ which is near Tehran. Under the terms of this agreement, an news services as stating that "the Red China was to have purchased The Red Chinese are also cooperat­ country's missile industry workers ing with Iran in the development of a from 6 to 8 million metric tons of have invented a new missile." The wheat and corn each year of the term surface to surface missile. It is report­ Federal Broadcast Information Service ed that this is based on a Red Chinese of the agreement. Red China did not for April 12, 1985, carried the item in and has not fulfilled its end of the version of the Soviet SCUD-B missile. its Daily Report for April12: Apparently, the Red Chinese have agreement even though it has bought Mr. President, I ask unanimous con­ wheat and corn from and Ar­ sent that the report be printed in the been seeking certain components for gentina. The shortfall in the last 2 RECORD. this system and Iran has been able to years of the agreement was 4.2 million There being no objection, the report obtain them from Swedish sources. tons. was ordered to be printed in the This Iranian surface to surface missile Mr. President, to make matters RECORD, as follows: is said to come in three versions which worse, Red China used the threat of are designated the Yekan I, Yekan II, nonfulfillment of the agreement to HASHEMI-RAFSANJANI ON NEW MISSILE and Yekan III. The Soviet SCUD-B is blackmail the United States into an DEVELOPMENT nuclear capable at the fractional kilo­ excessive textile import agreement. [Text] TEHRAN, April 12, IRNA.-Iran's ton level. Red China then, of course, reneged on Majlis Speaker Hojjat of-Eslam Akbar Ha­ The Swedish connection should shemi-Rafsanjani said here Thursday that the grain agreement. the country's missile industry workers have come as no surprise. Indeed, a number Red China's unreliability in the field invented a new missile which he said "we of West European countries such as of international agreements offers might use in the next few days." England, West Germany, and Switzer­ scant hope that Red China will be re­ Hashemi-Rafsanjani who is also the land, are engaged in a brisk weapons strained by mere declarations of intent imam's representative to the Supreme De­ trade with Iran. It has been reported with regard to the issue of nuclear fence Council further stated that the that the Swedish Bofors Co., for ex­ proliferation. new missile was very different from those ample, sold some 200 antiaircraft mis­ The fact is, Mr. President, that Red Iran had previously used . He described the new invention as Chine s international activities today very interesting and said it was very precise Singapore. A central arms purchasing P.re already facilitating the military ca­ and could be launched only by pushing a operation of the Iranian regime is said pabilities of several countries. It is a button. to be located in London and operating fact that Red China has a military re­ The Majlis speaker's re~arks came in a under the cover of the Iranian Nation­ lationship with the terrorist Khomeini meeting with Minister of Mines and Metals al Oil Co. regime in Iran. It has been reported Hoscya Nili-Ahmadabadi and senior officials Mr. President, on October 23, the that Iran has purchased over $1 billion from the ministry. French news agency Agence France of military equipment from Peking. Following the recent escalation of Iraqi atrocities against Iran's civilian areas and its Presse carried a report by its corre­ There are reports that Red Chinese attacks on neutral ships in the Persian Gulf, spondent in Peking. The report details military advisers are in Iran. the Islamic Republic launched nine missiles negotiations between Khomeini's Revealing reports from London, against causing extensive damage regime and the Red Chinese for the Paris, and the Middle East has and casualties. sale of Chinese-produced surface to reached my office in recent months. If Mr. HELMS. It is interesting that it surface missiles based on the Soviet true-and the evidence appears reli- was the Minister of the Revolutionary SCUD-1A and SCUD-1B to Iran. It de- October 28, 1985 CONGRESSIONAL RECORD-SENATE 29259 scribes negotiations in June and July reason alone not to enter into any sen­ On Friday of last week, I introduced of this year in Peking and notes the sitive nuclear agreements with the dic­ Senate Resolution 245, which reflected discussion of the missile sale issue by tators in Peking. those changes, and I meant on Friday Rafsanjani during his July visit to Red Indeed, Mr. President, there have to ask for a star print of Senate Reso­ China. The report was carried by the been recent reports that Red China lution 28 so that the same number Federal Broadcast Information Service has admitted entering into nuclear co­ would be on the resolution upon which in its Daily Summary for October 23 operation with Pakistan and other the committee would do its work to­ and is as follows: countries, claiming, of course, that morrow. I inadvertently let the Senate IRAN, PRC NEGOTIATING MISSILE SALES IN only peaceful nulcear materials are in­ close down before asking consent. So I BEIJING volved. Red China denies that there is am prepared to ask unanimous con­ a nuclear relationship with Iran. But sent now that Senate Resolution 28 be BEIJING, Oct. 23.-China has had at least reliable Western journalists in Peking star-printed to reflect the changes two rounds of talks with Iran on the sale of are reporting otherwise. The potential which I have referred to. Chinese surface-to-surface missiles and the that Red China might divert nuclear Mr. President, this request has been negotiations are "progressing rapidly," a technology to the Khomeini regime is cleared with the distinguished majori­ highly reliable source here said today. a terrifying one. The United States The source said that officials from the ty leader and he has authorized me to two countries met in June and July at Teh­ should not become an accomplice in make the request to the Senate. I, ran's embassy and the Defense Ministry this process. therefore, Mr. President, ask unani­ here to discuss Beijing's terms for the sale mous consent that Senate Resolution of older-generation Scud lA and lB missiles. 28 be star-printed to reflect the follow­ The Chinese and the Iranians both ex­ ORDER FOR STAR PRINT­ ing changes in Senate Resolution 28, pressed satisfaction after the last talks and SENATE RESOLUTION 28 which I send to the desk. negotiations since have been "progressing rapidly," the source said. Mr. BYRD. Mr. President, earlier The PRESIDING OFFICER. Is A spokesman for the Foreign Ministry this year I submitted Senate Resolu­ there objection? Hearing no objection, here declined immediate comment. tion 28, and other resolutions, the ob­ it is so ordered. Beijing says that it has maintained a strict jective of which was to do two things: Mr. BYRD. Mr. President, I thank neutrality in Iran's more than 5-year-war to provide for television and radio cov­ the distinguished Presiding Officer. with neighboring and has denied re­ Mr. President, I have been asked by ports that it had sold arms to Tehran. erage of Senate proceedings, and also The Scud lA and lB missiles, with a range to provide for certain rules changes Mr. GoRE to add his name as a cospon­ of 130 to 270 kilometers <81 to 169 miles>. which I believe to be useful and neces­ sor to Senate Resolution 28, as star­ are liquid-propulsion tactical missiles of sary in the event debate should be printed. So I make that request. Soviet design dating back to the 1960's. But televised. The Rules Committee held a The PRESIDING OFFICER. With­ China still produces them. hearing at my request, for which I out objection, it is so ordered. Western diplomats here said that al­ thank the distinguished chairman, Mr. though technologically outmoded they have MATHIAS, and the ranking member, a large destructive capacity and can carry a THEODORE ROOSEVELT'S chemical warhead. Mr. FORD. The source said that the first series of I attended much of the hearing and BIRTHDAY talks between China and Iran on the mis­ as a result of the hearing, as result of Mr. ANDREWS. Mr. President, I rise siles began a few days before the arrival the testimony that was given by vari­ today to honor a great man who here on June 27 of Iranian Parliament ous witnesses, I feel it incumbent upon served this Nation well and whose poli­ Speaker Hashemi-Rafsanjani. Mr. Rafsanjani spent 4 days in China on me to submit, in some ways, a differ­ cies remain a source of guidance the first visit here by a senior leader from ent version of Senate Resolution 28. today. Tehran since the Iranian revolution in 1979. For one thing, I concluded from that Yesterday, October 27, 1985, marked At that time, he did not explicitly deny hearing that if we are to have televi­ the 127th anniversary of the birth of Iran was receiving arms from the Chinese, sion and radio coverage, it should be President Theodore Roosevelt. A man telling a news conference only that he was gavel-to-gavel, coverage. Heretofore, I whose vision and actions represent in no position to say since he was not in­ have not supported gavel-to-gavel cov­ those of the first American President volved in defense matters. erage, but as a result of that hearing, I of the modern age who forthrightly Before Mr. Rafsanjani's arrival, however, an Iranian source had said that the question have changed my mind, and I now be­ confronted the dilemmas of the indus­ of Chinese arms sales could be raised during lieve the Senate should have such cov­ trial age. Remembered as a man of un­ the parliamentary leader's talks here. erage. Moreover, there are certain wavering determination, he was also A Western correspondent in Beijing saw rules changes that I think, whether or an individual of keen intelligence and an unmarked transport plane take off from not television and radio coverage of sensitivity. As Robert Frost one said, the capital's old airport on July 1. Airport Senate debate becomes a reality, it "He was our kind • • • he quoted personnel said the aircraft was headed for nevertheless, would be well to have. poetry to me. He knew poetry." Frost's Iran. comments are indicative of this unique Western diplomats here also said that a Mr. President, the able chairman of former Iranian defense minister made a the committee has scheduled a American who would publish histori­ quick and unpublicised visit to Beijing in markup for tomorrow. The markup cal writings in his early twenties, August. will be on Senate Resolution 28. That master a nation in his early forties, The Iraqi military attache in Beijing left a will be the proposed legislation from and win lasting acclaim as the first year ago and was not replaced, while his Ira­ which the committee can work as we American to win the Nobel Peace nian counterpart still works at Tehran's em­ proceed to mark up. Prize. bassy. The legislation provides a trial Born in New York City, Roosevelt Mr. HELMS. Mr. President, I em­ period for television and radio cover­ was an asthmatic child of slight build phasize that the information which I age, the trial period to be for the pur­ and poor sight. Due to this childhood have just described has not come from pose of finding the bugs, ironing out condition, he was tutored privately any U.S. sources, classified or unclassi­ the wrinkles, and trying to resolve until entering Harvard. He began writ­ fied. This information has come to my problems before the actual live cover­ ing a scholarly work as an undergradu­ office from sources, in West Europe age of Senate debate would begin. ate, "The Naval War of 1812," which and in the Middle East, which have In order to accommodate the com­ would be published 2 years after re­ proven reliable in the past. Should mittee in the markup, I shall ask for a ceiving his B.A. degree in 1880. Inci­ these reports be accurate, the specter star print of Senate Resolution 28 so dentally, Theodore Roosevelt's birth­ of Red Chinese military cooperation to reflect changes I have made in the date also marks his marriage to Alice with the terrorist Khomeini regime is original Senate Resolution 28. Hathaway Lee in 1880. Unfortunately, 29260 CONGRESSIONAL RECORD-SENATE October 28, 1985 on February 14, 1884, following the instituted his policies to preserve the comes travelers to our land of free­ birth of their child, Alice, his wife State's natural resources. Yet these dom, democracy, and opportunity. died-his mother died the same day. were only hints of the wide-ranging, During the surge of immigration at This tragedy led Theodore Roosevelt forward-looking legislative and admin­ the turn of the century, the Statue of to withdraw from New York State's istrative reforms that he would pursue Liberty became the most visible image political scene and move to the Dakota during his Presidency. of the promise of a new world. territory. From 1884 to 1886, he In 1900, Theodore Roosevelt was ranched and wrote, but most impor­ elected Vice President of the United THE NEW COLOSSUS tantly, he gained a unique perspective States. On September 14, 1901, Roose­ In 1903, Emma Lazarus wrote a on life that would serve him and the velt, the youngest man to do so at 42, sonnet to the Statue of Liberty called Nation well during his Presidency. As took the oath of office following the "The New Colossus." Now inscribed on one North Dakotan observed about tragic assassination of President a plaque beside the statue, the poem Roosevelt during that Dakota winter McKinley. Roosevelt moved quickly to beautifully depicts the grace and of 1883, "clearly I recall Roosevelt's put his own stamp on the Presidency. vision of Miss Liberty. At this time, I wild enthusiasm over the badlands Theodore Roosevelt's accomplish­ ask that the sonnet be inserted into • • • It had taken root in the conge­ ments as President are well known. the RECORD: nial soil of his consciousness, like and Progressive, trust buster, internation­ Not like the brazen giant of Greek fame, irradicable • • • plant to thrive and alist, conservationist, and the Nation's with conquering limbs astride from land to land; here at our sea-washed, sunset gates permeate it thereafter, causing him first modem, activist President. What shall stand a mighty woman with a torch, more and more to think in the broad is less well known about Roosevelt and whose flame is the imprisoned lightening, guage terms of nature-of the real why I take special pride in acknowl­ and her name mother of exiles. From her Earth." edging the anniversary of his birth is beacon-hand glows world-wide welcome; her Roosevelt returned East in 1886 to because of the lessons he learned mild eyes command the air-bridged harbor run for mayor of New York City. during his time in North Dakota and that twin cities frame, "keep ancient lands, Rising from defeat in that election, he what those experiences later meant to your storied pomp!" cries she with silent remarried and moved to Oyster Bay, the Nation as a result of those experi­ lips. "Give me your tired, your poor, your Long Island. He continued his writing huddled masses yearning to breathe free, ences. the wretched refuse of your tec::ming shore. there until 1889 when he received an His foremost biographer Edmund Send these, the homeless, tempest-tos to appointment to the New York State Morris has written of his Dakota days: me, I lift my lamp beside the golden door!" Civil Service Commission. During his 6 Roosevelt "had gone west sickly, foppish, years on the commission, Roosevelt and racked with personal despair; during his RESTORATION PROJECT championed his firmly held belief that time there he had built a massive body, re­ Although Miss Liberty's character the political spoils system was "a paired his soul, and learned to live on equal will never weaken, her physical struc­ faithful source of corruption." He im­ terms with men poorer and rougher than ture is in severe disrepair. In view of plemented his philosophy by pursuing himself. He had broken bones with Hash­ this, President Reagan created the fraud, revising entrance exams, dou­ knife Simpson, joined in discordant chorus­ Statue of Liberty /Ellis Island Centen­ bling the number of positions avail­ es to the accompaniment of fiddlin' Joe's nial Commission, and appointed Lee violin, discussed homicidal techniques with Iacocca as its chairman. Along with able for competition, and opening the Bat Masterson, shared greasy blankets with fields of competition to women. This Modest Carter, shown Bronco Charlies his dedicated staff, Mr. Iacocca has straightforward approach to efficient Miller how to "gentle" a horse, and told managed to raise millions of dollars to and fair governing would become the hell-roaring Bill Jones to shut his foul restore the Statue of Liberty in time cornerstone of the progressive· move­ mouth. These men, in tum, had found him for us to celebrate her lOOth birthday ment. to be the leader they craverl in that lawless next year. Roosevelt's tenure in the civil service land, a superior being, who paradoxically, Mr. President, on this birthday of commission was followed by his role as did not make them feel inferior. They loved the Statue of Liberty, I wish to pay him so much they would follow him any­ tribute to those who had the vision to chief of police of New York City and where, to death if necessary-as some even­ then as Assistant Secretary of the tually did. They and their kind, multiplied create her, to those who had the te­ Navy. None of these offices were to seven millionfold across the country and nacity and courage to realize her catapult him into the national view as became his natural constituency." dream, and to those who have dedicat­ would his role in the Spanish-Ameri­ But to me and to all North Dako­ ed themselves to keeping her torch lit can War. Upon leaving the Navy in tans, Teddy Roosevelt said it best. for the future. 1898, at the eruption of American and "If it had not been for my years in North Spanish hostilities in Cuba, Teddy Dakota," he said long afterward, "I never went to be a lieutenant colonel of the would have become President of the United CONGRESSIONAL CALL TO 1st U.S. Volunteer Cavalry. This divi­ States." CONSCIENCE sion had actually been orchestrated Therefore, Mr. President, while we Mr. DANFORTH. Mr. President, with the help of Roosevelt and was cannot claim Teddy Roosevelt as our Americans have always been respon­ known as the "Rough Riders." own by birthright, we feel uniquely sive to the plight of the oppressed. No­ In his service in Cuba, Teddy Roose­ privileged to claim his stalwart, pro­ where is there greater need for that velt would lead the Riders up Kettle gressive leadership of our Nation as a response to be heard than in the case Hill and into history. This heroic direct result of his experiences in our of Soviet Jewry. charge would establish his mark in State of North Dakota. The emigration of Soviet Jews has American history and begin his rise to slowed to a trickle. From a peak of national prominence. With strong over 50,000 in 1979, the number of public support, he was elected Gover­ BIRTHDAY OF THE STATUE OF Jews allowed to emigrate dropped to nor of New York in 1898 and contin­ LIBERTY less than 1,000 last year, and this ued to carve out the principles and di· Mr. DOLE. Mr. President, on Octo­ year's figures are little better. It is rection that would give national scope ber 28, 1886, France presented the indeed a frightening turn of events to the progressive movement. United States with a gift to commemo­ when the official Soviet view refuses As Governor, Roosevelt championed rate our lOOth year of independence. to acknowledge even that the issue higher wages for teachers, legislation This gift, the Statue of Liberty, has persists-that there are Jews who wish to end racial discrimination in public since become one of the most distinc­ to emigrate and join their families out­ schools, and to tax corporate fran­ tive symbols of what our Nation side of the Soviet Union. chises. He attacked urban poverty and stands for. Situated in New York In addition to the reductions in emi­ the slums where it was bred, and he Harbor, the Statue of Liberty wei- gration, the Soviet Government has October 28, 1985 CONGRESSIONAL RECORD-SENATE 29261 stepped up its campaign of persecu­ Mr. HELMS. Mr. President, I object Mr. BENTSEN. Mr. President, I ask tion, isolation, imprisonment, and har­ to further consideration of the joint unanimous consent that reading of the assment of those who agitate for their resolution. amendment be dispensed with. rights. The PRESIDING OFFICER. Objec­ The PRESIDING OFFICER. With­ It is clear that the Government of tion is heard. The joint resolution will out objection, it is so ordered. the Soviet Union has sought to crack be placed on the Calendar. The amendment is as follows: down aggressively on the cultural life On page 26, between lines 15 and 16, of its Jewish population. The situation AGRICULTURE, FOOD, TRADE insert a new subsection as follows: has progressively worsened, and teach­ AND CONSERVATION ACT OF " The United States Trade Representa­ ers of Jewish language and culture 1985 tive shall- such as Yevgeni Aizenberg and Yuli <1 > review the reports prepared under sub­ Edelstein have been arrested and im­ The PRESIDING OFFICER. The section and any other information avail­ Senate will now resume consideration able to identify export subsidies or other prisoned for their teachings. export enhancing techniques ; freedom and hope for oppressed men A bill to expand export markets <2> identify markets and women everywhere. We must live for United States agricultural commodities, in which United States export subsidies can provide price and income protection for be used most efficiently and will have the up to this image. Emigration and farmers, assure consumers an abundance of greatest impact in offsetting the benefits of human rights must remain a top prior­ food and fiber at reasonable prices, continue foreign export subsidies that- ity among U.S. foreign policy objec­ food assistance to low-income households, harm United States exports, tives. and for other purposes. are inconsistent with the Agreement Our expression of concern for the The Senate resumed consideration on Interpretation and Application of Article Jews and other oppressed groups in of the bill. VI, XVI, and XXIII of the General Agree­ the Soviet Union does have an impact Pending: ment on Tariffs and Trade, in that country. Many of my col­ Dole Amendment No. 904, to amend the nullify or impair benefits accruing to leagues have joined in efforts on Animal Welfare Act, to ensure the proper the United States under international agree­ treatment of laboratory animals. ments, or behalf of individuals pressing their cause serious prejudice to the inter­ right to emigrate. We have encouraged Mr. HELMS. Mr. President, I sug­ ests of the United States and President Reagan and other U.S. offi­ gest the absence of a quorum. <3> submit to the Congress and to the Sec­ cials to confront Soviet leaders with The PRESIDING OFFICER. The retary of Agriculture an annual report on- this issue. And we have made public clerk will call the roll. the existence and status of export sub­ our own concerns about the denial of The assistant legislative clerk pro­ sidies and other export enhancing tech­ these rights. The victims of this re­ ceeded to call the roll. niques that are the subject of the investiga­ Mr. HELMS. Mr. President, I ask tion conducted under paragraph <1), and pression must know that we have not the identification and assignment of forgotten them, that we will not aban­ unanimous consent that the order for priority to markets under paragraph <2>." don them. the quorum call be rescinded. On page 26, line 16, strike out "" and Americans must be concerned about The PRESIDING OFFICER " Jewish population for another reason. so ordered. and insert in lieu thereof "subsections Soviet adherence to existing interna­ Mr. HELMS. Mr. President, a parlia­ and ". tional commitments involving human mentary inquiry. On page 27, line 3, strike out "(c)" and The PRESIDING OFFICER. The insert in lieu thereof "(d)". rights and freedom of emigration is a On page 27, line 9, strike "subsection " key measure of their interest in im­ Senator will state it. Mr. HELMS. What is the pending and insert in lieu thereof "subsections proving relations with the United and ". States. It is not a coincidence that the business? The PRESIDING OFFICER. Mr. BENTSEN. Mr. President, this recent cooling in United States-Soviet amendment will strengthen the export relations was paralleled by dramatical­ Amendment 904. Mr. HELMS. I thank the Chair. section of this bill by helping us to ly decreased emigration and increased better target our responses to foreign hostility toward Jewish activities. Mr. President, I ask unanimous con­ sent that amendment 904 be laid aside export subsidies. I am joined in offer­ The plight of Jews in the Soviet temporarily so that the Senator from ing this amendment by the Senator Union is acute, but there is some cause Texas [Mr. BENTSEN] may call up an from Mississippi [Mr. CocHRAN], the for hope. President Reagan's summit Senator from Arkansas [Mr. PRYOR], meeting with Soviet Premier Gorba­ amendment. The PRESIDING OFFICER. With­ the Senator from North Dakota [Mr. chev next month represents his first BuRDICK], the Senator from Kentucky opportunity to press this issue with out objection, it is so ordered. Mr. BENTSEN. I thank the distin­ [Mr. FoRD], and the Senator from the Soviet leader face to face. It is es­ Idaho [Mr. SYMMS]. sential that we work to eliminate the guished chairman of the committee. AMENDMENT NO. 908 This amendment will require the persecution of Soviet Jews and that we U.S. Special Trade Representative to do it now, while there is potential for export enhancing techniques, as de­ Mr. BENTSEN. Mr. President, I fined in the GATT Subsidies Code. send an amendment to the desk and This report must also identify and OPPOSITION TO ARMS SALES TO rank order markets in which U.S. JORDAN ask for its immediate consideration. The PRESIDING OFFICER. The export subsidies can be used most effi­ The PRESIDING OFFICER. The amendment will be stated. ciently and will have the greatest clerk will read Senate Joint Resolution The assistant legislative clerk read impact in offsetting subsidies that are 223 by title. as follows: harming U.S. interests. The bill clerk read as follows: The Senator from Texas [Mr. BENTSEN], This report will give us a list, certi­ A joint resolution In conducting such study, the Gover­ years. The title also requires the Com­ nor of the Federal Reserve System shall- It's time we allowed them to get on <1) evaluate the financial circumstances modity Credit Corporation to make "equal footing" with competitors available short-term export credit relative to both lenders and borrowers of worldwide. farm credit; and guarantees in the amount of at least Mr. ABDNOR. Mr. President, before (2) evaluate the structure, performance, $5 billion annually for the next 4 we do, I seek the floor to support the and conduct of the Farm Credit System. years. amendment of the Senator from Not later than 180 days after the date Specifically, to combat predatory Texas and to compliment him for his of enactment of this Act, the Governor of practices of foreign competitors, such excellent amendment. I just walked the Federal Reserve System shall submit to as the Senator from Texas has dis­ into the Chamber. I would like to be the Committee on Agriculture, Nutrition, cussed, the bill requires the Secretary listed as a cosponsor, if the Senator and Forestry of the Senate and the Commit­ of Agriculture to use at least $325 mil­ tee on Agriculture of the House of Repre­ does not mind. sentatives a report containing the results of lion annually for 3 years to directly Mr. BENTSEN. Mr. President, I am the study provided for in this section to­ assist in the export of U.S. commod­ flattered by the statement of the dis­ gether with such comments and recommen­ ities adversely affected by the price or tinguished Senator from South dations for providing a sound and reasona­ credit subsidies or unfair marketing Dakota. I would be delighted to do ble credit program for farmers as the Gover­ arrangements used by other countries. that. I ask unanimous consent that nor considers appropriate. To add to the effort, the Secretary of the Senator from South Dakota be Mr. ABDNOR. Mr. President, the Agriculture is required to sell for added as a cosponsor. current bill calls for a study of the export at least 150,000 tons of CCC­ The PRESIDING OFFICER. With­ farm credit system by the Governor of owned dairy products annually for 3 out objection, it is so ordered. the Farm Credit Administration. With years. The question is on agreeing to the all due respect to the Governor, I do Then the bill requires the Secretary amendment of the Senator from not believe the Agency which has the to use at least $2 billion of CCC-owned Texas [Mr. BENTSEN]. problem should investigate itself. My commodities to enhance and encour­ The amendment was amendment would have the Chairman age export sales of U.S. agriculture agreed to. of the Board of Governors of the Fed­ commodities during fiscal years 1986 Mr. BENTSEN. Mr. President, I eral Reserve System perform that through 1988. move to reconsider the vote by which study in consultation with the Gover­ I mention that simply to say that the amendment was agreed to. nor of the Farm Credit Administration the Senator's amendment fits in well Mr. HELMS. I move to lay that and the Secretary of Agriculture. with what the Agriculture Committee motion on the table. My amendment would require the is attempting to do, if we can ever get The motion to lay on the table was Federal Reserve System to evaluate this bill passed and enacted into law. agreed to. the financial condition of, and the Mr. President, I suggest we vote on Mr. ABDNOR. Mr. President, I have prospects for, both lenders and bor­ the amendment. amendment No. 901 at the desk and I rowers of farm credit and evaluate the Mr. PRYOR. Mr. President, I am would like to offer it at this time. structure, performance and conduct of pleased to support the amendment of Mr. HELMS. Mr. President, I ask the Farm Credit System. the Senator from Texas [Mr. BENT­ unanimous consent that the amend­ In addition, the Federal Reserve SEN] and I hope it is adopted by the ment of the Senator from Kansas be System would provide recommenda­ Senate. This amendment will set up a temporarily laid aside so that we may tions to the House and Senate Agricul­ mechanism for identifying and target­ consider the amendment of the Sena­ ture Committees, including recommen­ ing foreign export subsidies and other tor from South Dakota. dations of any assistance needed to unfair trade practices. It will result in The PRESIDING OFFICER. With­ stabilize the financial condition of the the creation of the first central listing out objection, it is so ordered. Farm Credit System and to protect of unfair trade practices that harm AMENDMENT NO. 901 the capital that borrowers have invest­ our agricultural exports. This listing The Chairman of the Board distinguished chairman of the Agricul­ days. of Governors of the Federal Reserve ture Committee, Senator HELMS, and I must admit, Mr. President, that my System, in consultation with the Secretary of Agriculture and the Governor of the the ranking minority member on our nomination of Paul Volcker to do this Farm Credit System, shall conduct a study side, Senator ZoRINSKY, have had an study was done with mixed feelings. I of methods to ensure the availability of ade­ opportunity to examine the amend­ am very concerned about the degree of quate credit, on reasonable terms and condi­ ments. sensitivity that Chairman Volcker has tions, for farmers of the United States. The PRESIDING OFFICER. The with respect to the current economic (b) In conducting such study, the Chair­ amendments will be stated. depression in agriculture. But then I man of the Board of Governors of the Fed­ eral Reserve System shall- The bill clerk read as follows: am not comfortable with the attitudes The Senator from Illinois [Mr. DIXON] of many Washington officials regard­ evaluate the financial circumstances relative to both lenders and borrowers of proposes an amendment numbered 910 and ing rural and agricultural problems. farm credit; and an amendment numbered 911. However, there is little question that <2> evaluate the structure, performance, Mr. DIXON. Mr. President, I send the Federal Reserve System has the and conduct of the Farm Credit System. these two amendments to the desk. I resources to do the job within the leg­ Not later than 180 days after the date islated time frame and, with proper of enactment of this Act, the Chairman of do not ask for their immediate consid­ monitoring, can do the job. The agri­ the Board of Governors of the Federal Re­ eration. cultural community will be watching. serve System shall submit to the Committee I ask unanimous consent that the on Agriculture, Nutrition, and Forestry of reading of the amendments be dis­ Mr. HELMS addressed the Chair. the Senate and the Committee on Agricul­ The PRESIDING OFFICER. The pensed with. ture of the House of Representatives a The PRESIDING OFFICER. With­ Senator from South Carolina. report containing the results of the study Mr. HELMS. Mr. President, we have provided for in subsection . together with out objection, it is so ordered. examined this amendment on this such comments and recommendations for Mr. DIXON. Mr. President, at such side. Not only do we find it acceptable, providing a sound and reasonable credit pro­ appropriate time as the distinguished but we find it a piece of legislation for gram for farmers as the Chairman considers chairman of the Agriculture Commit­ which we commend the distinguished appropriate. tee and the ranking minority member The Governor of the Farm Credit Ad­ have had an opportunity to examine Senator from South Dakota. We ministration shall conduct a study of the accept the amendment. need for the establishment of a fund to be these amendments, I wish to bring Mr. ZORINSKY. Mr. President, we used- them up again. have no objection to the Chairman of <1 > to insure institutions of the Farm The PRESIDING OFFICER. The the Board of Governors working with Credit System against losses on loans made amendments will be received and will the Secretary of Agriculture and the by such institutions; or lie on the table. <2> for any other purpose that would- Mr. DIXON. I thank the Chair. Farm Credit Administration in ensur­ assist in stabilizing the financial condi­ ing that there is adequate credit avail­ tion of such System; and Mr. GRASSLEY. Mr. President, I able for the Nation's farmers. I do provide for the protection of the cap­ suggest the absence of a quorum. think that the study provisions in the ital that borrowers of such loans have in­ The PRESIDING OFFICER. The committee-reported bill are not incon­ vested in such System. clerk will call the roll. sistent with the thrust of the Sena­ In conducting such study, the Gover­ The bill clerk proceeded to call the tor's amendment, and would want to nor shall- roll. see them retained in the legislation. <1 > consider the advisability of using the revolving funds provided for under section Mr. DIXON. Mr. President, I ask Mr. ABDNOR. I thank both the 4.1 of the Farm Credit Act of 1971 <12 unanimous consent that the order for chairman and the ranking minority U.S.C. 2152> to provide initial capital for the the quorum call be rescinded. member for their support. Thank you fund referred to in subsection ; and The PRESIDING OFFICER estimate the amount and level of DANFORTH). Without objection, it is SO The PRESIDING OFFICER. Is future assessments levied on institutions of ordered. there further debate on the amend­ the Farm Credit System that would be nec­ Mr. HELMS. Mr. President, will the ment? If not, the question is on agree­ essary to ensure the long-term liquidity of such fund. Senator yield? ing to the amendment of the Senator Mr. DIXON. Yes. Of course. from South Dakota. Not later than 180 days after the date of enactment of this Act, the Farm Credit Mr. HELMS. Mr. President, I ask The amendment other side. The PRESIDING OFFICER. With­ Mr. DIXON. Mr. President, I under­ The PRESIDING OFFICER. With­ out objection, it is so ordered. stand that No. 911 is at the desk. Is out objection, the amendment is so AMENDMENT NO. 910 AND AMENDMENT NO. 911 that correct? modified. Mr. DIXON. Mr. President, I will The PRESIDING OFFICER. The The modified amendment is as fol­ state for my colleagues that my pur­ Senator is correct. lows: pose in making the request is to send Mr. DIXON. I believe I previously On page 376, beginning with line 19, strike two amendments to the desk that I asked that we dispense with the read­ out all down through line 20 on page 377 contemplate offering at an appropri­ ing of the amendment. I believe that and insert in lieu thereof the following: ate time later this afternoon after the was allowed. October 28, 1985 CONGRESSIONAL RECORD-SENATE 29265 The PRESIDING OFFICER. The It is vital to recognize that any ex­ costs, plus the science, machinery, energy clerk still needs to report the amend­ pansion in research will help our farm­ labor, etc. put into it. It is accepted that 80 ment. ers sell their products. I urge support percent of the value added of food products Mr. DIXON. I ask for its immediate of these important amendments deal­ results from processing.) consideration. ing with research and technology. MAJOR WORKSHOP FINDINGS The PRESIDING OFFICER. The Mr. President, I ask unanimous con­ Forty-two program proposals from the clerk will report. sent that a paper prepared by the In­ 1FT Workshop are encompassed in seven stitute of Food Technologists entitled, major research thrusts. They are directed as The bill clerk read as follows: follows: The Senator from Illinois [Mr. DIXON] "The Needs of Food Science and Tech­ 1. Develop innovative technologies to im· proposes an amendment numbered 911. nology Research and Development," prove processing, and especially integrate be printed in the RECORD at this point. Mr. DIXON. Mr. President, I ask value-added research with promising bio­ There being no objection, the mate­ technologies. Develop available science for unanimous consent that further read­ rial was ordered to be printed in the badly-needed productivity gains in process­ ing of the amendment be dispensed RECORD, as follows: ing. Foster the use of robotics in food indus· with. THE NEEDS OF FOOD SciENCE AND TECHNOLO· tries. - effort to improve the scientific base for in both the palatability and nutritive value by striking out "and" at the end of America's food industry. A workshop held in of foods. subparagraph : November, 1984 delineated R&D require­ 3. Increase scientific understanding of by inserting "and" at the end of sub­ ments . Now 1FT is pre­ food constituents-the physical, chemical paragraph : and senting this need to Congress and federal and biological properties and structures of by adding at the end thereof the fol­ agencies, focusing on the 1985 Farm Bill. foods and related materials. Accompany this lowing: The major points follow. research with parallel efforts to employ the "CP> research on new or improved food Key points: Direct increased federal re­ findings to improve processing, nutrition, processing or value-added food technol­ search support now to: food safety, and environmental compatibil· ogies:": Broaden the basic science of food proper­ ity. On page 285, line 15, strike out "(1)" and ties through fundamental research. This 4. Develop innovative analytical proce· insert in lieu thereof "(2)". will enable the use of automation in food dures. These must be rapid, nondestructive, On page 285, line 17, strike out "(2)" and processing, and enhance food safety and the simple, continuous, on-line, automated and insert in lieu thereof "(3)". environmental compatibility of food and ag­ inexpensive. These can help link advances On page 285, line 19, strike out "(3)" and ricultural processes. in biotechnology to improvements in food insert in lieu thereof "(4)". Develop new and better foods to further safety, by providing quick and reliable moni­ Mr. DIXON. Mr. President, during improve nutrition and increase the use of toring of processes and properties of foods. farmers' output. Value-added R&D can lead 5. Develop better knowledge of mecha­ this time of great crisis in the agricul­ to new uses for raw ingredients-com, tural sector of our Nation, we need to nisms which control biological activity. To wheat, soybeans, etc. do so will help both the safety of foods and focus our efforts on research and tech­ BENEFITS AND PAYOFFS their relationship to the environment. nology. Research and the development A. Greater scientific depth and sharpened 6. Obtain and evaluate critical data relat­ of new technologies will help us realize technology can help U.S. food producers ed to health and nutrition, and to chemical our greatest hopes for agriculture. We compete more successfully with foreign and mircobial safety. desperately need to strengthen the sci­ manufacturers. 7. Determine long-term needs for scientifi· entific base of America's food indus­ B. By developing innovative food prod­ cally-trained personnel, and fund pro­ try. ucts, the output of the American farmer can grams-including laboratory facilities-to Mr. President, the Federal Inter­ be more fully utilzed. meet these needs. agency Research Subcommittee ob­ C. Greater value-added of food products THE PRESENT SETTING will return more tax dollars to federal and Despite deepening inroads by foreign served in its publication, "Research: state governments. Background for 1985 Farm Legisla­ manufacturers into U.S. markets, research D. More jobs can be created for American programs within the U.S. Department of tion," that there has been an increas­ workers. Agriculture remain substantially oriented to ing decline in productivity for food E. Increased competition and more effi­ increased farm production, even in the face processing over the last 25 years. The cient processes will tend to lower prices to of growing surpluses. Currently contemplat­ report goes on to state that one major consumers. ed programs largely retain this emphasis. cause of poor productivity is the low F. Enhanced nutrition, developed through What scant post-harvest research exists in research, new food items, and consumer these USDA programs in its R&D to the National Agricultural Research enhanced value-added food processing. sections contains no mention of food proc­ and Extension Users Advisory Board. <"Value-added" is an economists' term to in­ essing or post-harvest technology. Value­ The Department of Agriculture has dicate the extent to which a product in­ added considerations are totally absent. In creases in economic value as it moves both proposed legislation <1985 Farm and not previously included food science or through the processing chain. In each step Food Bill> and recommendations from es­ food processing in its list of 1986 prior­ of the process, from raw material to sale to tablished groups, emphasis largely remains ities for research, extension, and the consumer, the product attains more on trends of the past. Some new emphasis higher education. value. The value is reflected in its initial does fall on biotechnology research, but this 29266 CONGRESSIONAL RECORD-SENATE October 28, 1985 lacks sufficient consideration of how this guished ranking member, the manager The PRESIDING OFFICER. The science's possible developments can be on our side, Senator ZoRINSKY. There clerk will call the roll. translated into useful products in the mar­ were some minor changes made in the The assistant legislative clerk pro­ ketplace, domestic or foreign. Food regulations created to meet old ex­ amendment. I believe it is now accept­ ceeded to call the roll. igencies have the effect of forcing private able to both sides. Mr. DIXON. Mr. President, I ask sector R&D resources into "defensive re­ This amendment expresses the sense unanimous consent that the order for search," to meet various labelling or safety of the Congress that new Federal ini­ the quorum call be rescinded. mandates. This drains R&D resources from tiatives are needed in the area of re­ The PRESIDING OFFICER. With­ the creation both of new and better foods search on newer, improved food proc­ out objection, it is so ordered. and more internationally competitive tech­ essing or value-added food technol­ AMENDMENT NO. 910 nologies. ogies. In both the Agriculture and Health and of foods and nutrient requirements of both CocHRAN). The Senator from North Mr. DIXON. Mr. President, I have at the general population and special sub­ Carolina is recognized. the desk an amendment numbered groups for which capability beckons. Better Mr. HELMS. Mr. President, it has coordination and reduced diviseness be­ 910, I believe. Is that correct? tween the two agencies' programs is essen­ indeed been discussed and considered. The PRESIDING OFFICER. The tial. We find it not only acceptable but an Senator is correct. excellent amendment. This side ap­ 1FT RECOMMENDATIONS TO CONGRESS Mr. DIXON. I ask for its immediate proves of it. Based on Workshop findings, 1FT testimo­ consideration. ny before both the House and Senate Agri­ I might say, Mr. President, that re­ The PRESIDING OFFICER. With­ culture committees made the following rec­ search to promote value-added prod­ out objection, the pending amendment ommendations: ucts will help create jobs at home and is set aside for that purpose. Authorize increased R&D funding (by re­ improve the problem of our agricultur­ The clerk will report. directing planned appropriations) ear­ al surpluses. I believe our agricultural The assistant legislative clerk read marked for food science and technology­ research program should give high pri­ as follows: through value-added research-by $50 mil­ ority to this type of reseach, and I cer­ lion for FY 1986 . tainly commend the Senator from Illi­ proposes an amendment numbered 910. Include more food technologists on the nois for submitting this amendment. Mr. ZORINSKY addressed the Mr. DIXON. Mr. President, I ask Joint Council on Food and Agricultural Sci­ unanimous consent that further read­ ences and the Users Advisory Board. Chair. Encourage the USDA to The PRESIDING OFFICER. The ing of the amendment be dispensed strongly incorporate food science and tech­ Senator from Nebraska. with. nology research in their external programs. Mr. ZORINSKY. Mr. President, we The PRESIDING OFFICER. With­ Separate food science and technology in­ have examined the amendment, and out objection, it is so ordered. stitutionally within ARS and CSRS from The amendment is as follows: marketing economics research. believe it has merit. I congratulate the distinguished Senator from Illinois for On page 287, line 5, insert "(a)" after the Bring food regulations up to date, so re­ section designation. search funding can be freed to advance sci­ introducing the amendment, and for On page 287, between lines 8 and 9, insert ence and technology, instead of defending his excellent work in drafting the Ag­ the following new subsection: against outmoded and outdated regulatory riculture Committee farm bill. Section 1407 of such Act is amended constraints. I urge adoption of the amendment. by inserting before the last sentence the fol­ Incorporate active roles for food scientists Mr. HELMS. Mr. President, I ask the lowing new sentence: "To ensure that the in DHHS and USDA nutrition programs. views of food technologists are considered Integrate value-added research into the distinguished Senator from Illinois USDA competitive grants systems. whether he struck the words "(such as by the Joint Council, two of the members of food irradiation)" on page 1, line 10. the Joint Council shall, as determined to be Recognize the need for scientifically appropriate by the Secretary, be appointed trained food scientists by providing suffi­ Mr. DIXON. The distinguished man­ by the Secretary from among distinguished cient educational funding and training ager of the bill is correct. At the re­ grants. persons who are food technologists from ac­ quest of the distinguished Senator credited or certified departments of food NATIONAL SECURITY IMPLICATION from North Carolina, and others, we technology, as determined by the Secre­ The benefits above speak for themselves; struck the words on page 1 "(such as tary.". beyond these lies a more fundamental con­ food irradication>." On page 287, between lines 14 and 15, sideration: On the second page, we corrected insert the following new subsection: The economic health of this nation al­ Section 1408 of such Act is amend­ ready has been threatened by foreign as­ the page number in lines 3 and 5 from 295 to 285, so that will be accurate. ed- saults at U.S. and overseas markets in steel, (1) by striking out "twenty-five" in the autos, electronics. A similar threat now por­ Mr. HELMS. I thank the Senator. matter preceding clause <1 > and inserting in tends in agriculture and foods. If the scien­ Mr. DIXON. I thank the manager. lieu thereof "27"; tific base for this country's food system is The PRESIDING OFFICER. Is (2) by striking out "and" at the end of not strengthened soon, fundamental policy there further debate on the amend­ clause <10>; decisions will be abrogated to others. For­ ment? If not, the question is on agree­ <3> by striking out the period at the end of eign producers will decide what we will eat, ing to the amendment of the Senator clause <11 > and inserting in lieu thereof ", and who will produce it. These decisions will from Illinois. and"; and profoundly impact our national agricultural (4) by adding at the end thereof the fol­ policy, our food producers, consumer The amendment two members who are food technolo­ physiological health of this nation. Mr. HELMS. Mr. President, I move gists from accredited or certified depart­ 1FT feels such matters are too important to reconsider the vote by which the ments of food technology, as determined by to be decided in foreign capitals. amendment was agreed to. the Secretary.". Mr. DIXON. Mr. President, I believe Mr. DIXON. I move to lay that On page 287, line 15, by striking out "(b)" amendment No. 911 has been cleared motion on the table. and inserting in lieu thereof "(c)". on both sides, both by the distin­ The motion to lay on the table was Mr. DIXON. Mr. President, may I guished manager of the bill, the chair­ agreed to. say to my distinguished friends, the man of the Agriculture Committee, Mr. HELMS. Mr. President, I sug­ managers of the bill, that this amend­ Senator HELMS, and by the distin- gest the absence of a quorum. ment has now been cleared on both October 28, 1985 CONGRESSIONAL RECORD-SENATE 29267 sides-with the Department of Agri­ of that amendment within the next 15 I do object to the fact that we are culture, and my colleagues, the distin­ or 20 minutes. kind of filling in time between agree­ guished chairman of the committee, I know the distinguished chairman, ments being worked out on other and the ranking member. They should Senator HELMS, has been here all day, measures that are before the Senate know that on the first page of this bill, along with Senator ZoRINSKY, and at this time. in line 9, after the word "shall" and others, and they are prepared to take This bill that we are working on may before the word "be" we have inserted, up a series of amendments. There are well decide the fate of a large number at the request of both sides and the still, as I view it, 30 or 40 possible of our fanuly farmers across this Department of Agriculture, these amendments to the farm bill. Nation. This is a heavy responsibility words: So if Members have amendments and one which I hope this body will • • •. as determined to be appropriate by that we can dispose of today without recognize and meet as we proceed in the Secretary, • • •. votes, the chairman would be pleased the days ahead with debate and pas­ May I say, Mr. President, to my dis­ to have those amendments brought to sage of this bill. tinguished colleagues, the manager the floor. I hope we have all heard about how and the ranking member, that this is Mr. President, I suggest the absence tough things are "down on the farm." now cleared, as I understand, on both of a quorum. I want my colleagues to know those sides. The PRESIDING OFFICER. The Americans who produce our food are The purpose of this amendment is to clerk will call the roll. not "crying wolf." Farmers are not require the Secretary of Agriculture to The legislative clerk proceeded to asking for a "get rich scheme," they appoint food technologists to both the call the roll. are crying out for survival. They want Joint council on Food and Agricultural Mr. EXON. Mr. President, I ask to be able to pay their bankers. They Sciences and the National Agricultural unanimous consent that the order for want to be able to pay their suppliers. Research and Extension Users' Adviso­ the quorum call be rescinded. They want to be able to provide their ry Board. The PRESIDING OFFICER. With­ families with necessities. The situation Mr. HELMS. Mr. President, has the out objection, it is so ordered. is that bad, and it is time we did some­ Senator completed his remarks? Mr. EXON. Mr. President, I wish to thing constructive. Mr. DIXON. Yes. take the time this afternoon to give Agriculture is facing depression such Mr. HELMS. Mr. President, since the Senate my view of the tremen­ dously important matter before us, as it has not seen since the 1930's. this amendment has been modified, it That is not an overstatement; if any­ is satisfactory to both sides. There­ known as the farm bill. I anticipate that my colleagues would suspect that thing, it is an understatement. fore, we accept the amendment. At least in the thirties, the farmers Mr. ZORINSKY. Mr. President, we the Senator from Nebraska, who has been an advocate of sound farm pro­ could see and understand most of have examined the amendment on this their probleins. They felt the scorch­ side. It will improve the committee re­ grains for a long, long time, would ported bill. We urge its adoption. have something to say about the im­ ing drought, they saw the dusty winds, The PRESIDING OFFICER. Is portance of the matter, but I cannot and the dust piled high above the there further debate? If not, the ques­ overemphasize the crisis situation that fence rows like snow, and they fought tion is on agreeing to the amendment. affects large segments of agriculture the grasshoppers that devoured any­ The amendment , less United States' gross national product loose on King Kong. Our farmers political "clout", an uninformed press, and a : would be swept up by the highly con­ public interest in reducing the Budget Defi­ In billions trolled international marketplace and cit. Contributors: of dollars would almost assuredly meet certain Since 1982 bank regulators and near panic Farm producers...... 74 demise. stricken bankers caused by regulators de­ Farm input suppliers ...... 178 in full gladiator armor over the cost mate the reserves of the F.D.I.C. and add to issue, he has also unsheathed his gold­ the growing burdens of the Treasury and Manufacturers and processors of plated veto sword on the subject of the Federal Reserve. food and fibre...... 135 farmer referendums. The "Dominoe Effect" of these conditions Distribution of food Last week the President of the and Ag products...... 240 United States gave a ringing defense "farm states" and in the agriculture depend­ ent areas of other states and is predicted to It provides 21-22 percent of the employ­ of democracy at the United Nations. I soon have substantial impact on business, ment in America: applaud that speech. But what about insurance, and banking throughout Amer­ Number of American farmers right here at home? ica. workers Why can they not vote on their eco­ Cutting Agriculture supports can increase Owner-operators and farm work- nomic future? the Federal Deficit. ers ...... 3, 770,000 October 28, 1985 CONGRESSIONAL RECORD-SENATE 29269 Number of 3. In the 1970's a main concern was that ers and operators who are, in terms of phys­ workers world food needs would outpace production. ical capital, two-and-one-half-times as cap­ Producers of supplies and serv- Many believed-inside and outside of gov­ italized as U.S. manufacturers in sonably firm. enough to meet world needs. B. Land was of great farm and ranch land values in the farm value. ("They just weren't making it any­ sector are caused primarily by the "self-de­ Prime more". struct" actions of bank regulators and af­ contract C. During the decade of the 1970's the fected lenders. Percent awards These actions quickly: 1983 volume of U.S. exports increased by over State 1~~~,:n~ (defense 150 percent in response to the growing Destroy many lifetimes of building up of values jobs world demand. This growth in world farm assets and equity; 1981-85 welfare ) Destroy some of the nation's most effi­ per demand is evidenced by an increase of capital nearly a third in world grain consumption cient food producers; and a rise in oilseed consumption of over 50 Destroy extensive values of loan collater­ Texas ...... +45 $578 percent. The situation is similar for other al; Washington .... . +3 968 major commodities produced in the U.S. Destroy the actual funds of New England ...... +29 1 1,102 the depositors in banks that the regulators New Y()(k ...... +I 548 D. During this period colleges and the +14 1,322 USDA and others were teaching farmers are trying to protect. ~~~~~~ia ::::::::::::: 0 1,114 how to become more efficient; what new 2. When bankers foreclose on commercial Nebraska -46 103 business organizations such foreclosures Montana ...... -15 148 equipment to use; how to buy land; and how Iowa ...... -49 139 to borrow the dollars to do so. often strengthen other competitive busi­ Illinois ...... -42 134 E. Federal Agriculture Officials went up nesses in the area and makes them more North Dakota . -20 209 profitable. South Dakota ...... and down the land and preached "fence row -33 61 to fence row farming." 3. However, when bankers foreclose on 1 Mass. F. Bankers were there to help finance this farms and ranches, other land and equip­ "growing world wide need". Prior to the ment values in the area nearby are rapidly It's not just the $216 billion of Farm Debt Carter grain embargo on Russia, the U.S.A. driven downward; farm equities evaporate; but also the other billions of dollars of mu­ provided 70% of Russia's needs. Now we're bankers foreclose on loans, and the general nicipal government, business, and industry lucky to supply 20%-30% of their needs. business and financial structure of the debt related to the Ag sector that is of 5. The current high value of the U.S. entire area are threatened. major concern to bankers and insurance dollar in international trade has been influenced only very farm sector are seriously damaging not only ly or indirectly affecting agriculture have a slightly by Federal Agriculture supports the approximate 3,987 farm sector banks, dramatic impact upon the other parts of the (because it contributes so little-1-2% to the but are also threatening the larger banking food and agricultural industry. Federal Budget Deficit.> On the other hand, and financial structure of the U.S.A. For example, when the net income of the quality and quantity of our food prod­ THE IMPENDING BANKING DISASTER IN farmers drops substantially, as it did from ucts contribute $20 Billion to the U.S. net NEBRASKA 1979 <$32.3 billion) to 1983 <$15.7 billion), Balance of Trade. 1. Commerical Banks in Nebraska have a the business of input suppliers is drastically 6. Bankrupt farmers who are currently combined net worth of $1,240,000,000. affected. being forced to move off the land and into 2. Nebraska has 62,000 farms and ranches. A. Sales of all types of farm machinery the city add to the unemployment rolls and 3. Their average value is $500,000. fell anywhere in a range of 40 percent increase social welfare costs. In past years 4. Approximately 1f2 of them owe more to 77 percent from 1979 through or others and moved to the city, they had credit agencies, insurance companies and mid-1983. money to live on, to invest in small business­ other creditors. Approximately half of this B. Nearly 1,200 farm equipment dealer­ es or securities, or to tide themselves over debt is held by commercial banks. ships closed their doors from 1981 through until productive employment skills could be 5. Bankers and economists in Nebraska 1983, a closure rate more than twice the his­ learned and put to work. Such is no longer are forecasting that 15-20% of these farms torical average. the case. will be forced out of business in 1986. 62,000 C. More than 20,000 machinery manufac­ Families who remain on the farm are able farms x 15% failures = 9,300 farm failures. turing workers were laid off. to take care of themselves by providing 6. These 9,300 farms at $500,000 average D. The real value of pesticide sales de­ much of their own food, heat and housing value totals $4,650,000,000 in total asset clined by one-third, from $1.5 billion in 1979 costs and to lead a healthy and productive values. The debt of these failed farms is es­ to $1 billion in 1983, with plants operating life. timated at $2,500,000,000. at 54 percent capacity. FARM OPERATORS HAVE SPECIFIC UNIQUE NEEDS 7. If commercial banking's share of this E. Fertilizer use dropped 18 percent THAT ARE NOT OFTEN FULLY UNDERSTOOD during the same period. debt is 50%, they are facing $1,250,000,000 1. Investment Capital Requirements.-Ag­ in charge offs, writedowns, et al. All of SOME HISTORY NOT TO FORGET riculture assets, as a whole, rival those in which, under the best conditions, will 1. Domestic agriculture has always been the manufacturing sector. threaten much of the capital accounts of the primary source of our food, clothing and The average capital asset needs per Nebraska banking, which have already been shelter, three essentials to our continued ex­ fanner are much higher than that of the av­ weakened. istence. erage employee in the rest of the economy. Continued strong support of the Ag 2. Since the Continental Congress first 2. Today's commercial fanner is compara­ Sector by Congress and the Administration recommended it 208 years ago, "aid to agri­ ble, not to the wage-earner/consumer of the is an essential investment for America. It is culture" has been a major concern of the city or suburbs, but to the owner of a small a relatively small price to pay to help avoid nation's public policy. manufacturing operation. the "Crash of '87". 3. This historic concern and support of 3. The average farmers income is vastly A popular feeling is that the U.S.A. now the nation's food and agricultural system more variable and insecure from year to has too much Agriculture production. Some has been a major contributor to the fact year than the average wage earner. believe also that the U.S. "Welfare State" that Americans are the best fed and best 4. Working Capital Requirements.-Exten­ has "too many" and "too much" of alot of housed humans on earth-and at a more sive purchasing of supplies and services by things, i.e.-defense workers-lobbyists­ reasonable cost than anywhere else in the farm operators, long before they receive the hospitals-medicare and medicaid rich doc­ world. . Committee cited just now, but I think 5. Implement aggressive, competitive, For example, I say to the Senator any reasonable person would have to skillful foreign trade actions by the Federal that in the bill as reported by the Ag­ agree that this is over budget now. Government. riculture Committee, the bulk of the We might go back, as we have from The "Free Market" philosophy is a good target prices are paid to the largest one, but there is no such thing in Interna­ and the wealthiest farmers. The larg­ time to time, and argue whether or tional Agriculture trade. Our foreign com­ est 5 percent of the farmers of Amer­ not that is the right amount, but suf­ petitors don't practice free trade. Their gov­ ica get more than 35 percent of the fice it to say that it is over budget. ernments are able to meet whatever low total dollars paid out. That is one of What is over budget? There are sever­ prices our agriculture products may sell at. the things I objected to in the consid­ al ways that can be corrected. We do 6. Set up a Bi-Partisan Committee to re­ eration of the farm bill in committee. not necessarily have to correct that in examine and re-establish a "National Food the agriculture budget. Policy". Also determine what effect Russian If we are really concerned about the and Cuban activities in grain futures is family farmers, the small farmers, Let us assume, for the sake of discus­ having on U.S. Agriculture. Develop a better then this flaw, as I perceive it to be, sion, that we would approve the agri­ way to deliver "Food for Peace" and to pro­ must be corrected. culture bill as it came out of the vide foreign aid. I say to the Senator that less than Senate Agriculture Committee by a 7. Have regular meetings at the White 20 percent of the $70 billion this bill majority vote. If we were to do that House level with the FDIC, Comptroller, will cost the taxpayers will go to farm­ and if CBO or any other forecasting Treasurer, Agriculture Dept. and selected agency said it is over budget, that, in Ag Sector Senators and Congressmen. ers in financial distress, meaning that Among other things, determine the actual 80 percent of that $70 billion will go to and of itself, is not busting the budget. economic impact on U.S. Banking, Business those farmers that are not in trouble. We would have to make reductions in and Finance and the Treasury of present The subsidies are paid on the basis of other parts of the budget to make that "Free Market" and Ag Budget cutting phi­ how much a farmer grows, not on how up. losophies of the Adininistration. much debt or financial stress that I do not mean to say that that is an Mr. EXON. Mr. President, I simply farmer is experiencing. easy way to dismiss it. I do not mean say to the Senate that no bill is more All this, in my judgment, makes the to say that, therefore, we should not important to not just rural America bill too costly. pay any attention to the budget, be­ but also to all America and the con­ According to the latest estimate of cause I am a member of the Budget tinuation of the economic recovery we CBO-and you may argue with those Committee. I simply say that I tried to are seeing taking place today. Some figures, but they are the figures we or­ emphasize in my earlier remarks that sectors of our economy are at risk dinarily operate on around this place­ what we are about here is to write a unless we can write an acceptable farm this farm bill will cost $25 billion more farm bill that will not cause the Feder­ bill here in the next few days. than the budget resolution passed by al Government and the Federal tax­ Mr. HELMS. Mr. President, I have Congress a month or so ago. That res­ payers to spend even more money be­ listened, as always, with interest to the olution allocated $34.8 billion for farm cause of our penny-wise and pound­ able Senator from Nebraska. He is my commodity and related programs for 3 foolish actions here on the floor. friend, and he is a valuable Member of years, and this bill will cost more than My colleague from North Carolina this body. $60 billion for those programs over the and I have worked together on many I can assure him that the consider­ 3-year period and more than $71 bil­ things. I would certainly like the op­ ation of the farm bill is by no means a lion over the 4-year period, according portunity to try to work with him, per­ fill-in proposition. to the CBO. haps to come up with some cost-cut­ I have here, if the Senator would So, these are the questions, I say to ting measures, to direct more of this like to see it, the schedule. It indicates my friend from Nebraska-and he is money to what most of us consider the that the farm bill was supposed to my friend-that we must consider; and family-sized farmers. Maybe we can come up for consideration this past I hope we can get about it and have make some sort of savings there. Thursday. We missed that by 1 day, some debate. But ED ZORINSKY and I I believe that the Senator from and we are now on it; and the schedule have sat here this morning, since the North Carolina knows-and I think it calls for us to be on the farm bill opening of the Senate, waiting for was implied in his remarks-that this through Wednesday, November 6. Senators to come and participate in Senator was here on Friday all day. I That may be a little optimistic or it the debate. As I say, we have handled have been here today. I just do not may not be. We will see. four relatively minor amendments, have any amendments at this time. I However, the point is that the distin­ and that is all. I doubt that we will do simply say that the quicker we can guished colleague of the Senator from much more than call up one of the start voting on this matter, the better. October 28, 1985 CONGRESSIONAL RECORD-SENATE 29271 I suggest that probably the reason now advised that, thanks to hard work for animal care, treatment, and prac­ why there is not much more action on by the staff on Friday, over the week­ tices in experimental procedures to ensure the floor of the Senate in this regard end, and today, and with the assist­ that animal pain and distress are minimized, right now than there obviously is, to including adequate veterinary care with the ance of the able Senator from Mon­ appropriate use of anesthetic, analgesic, the disappointment of all of us, is the tana [Senator MELCHER], and the con­ tranquilizing drugs, or euthanasia; way this measure has been handled. currence by the distinguished Senator that the principal investigator consid­ Certainly the Senate knows that from Utah [Senator HATCH], that we ers alternatives to any procedure likely to when we went to the farm bill on now have reached an agreement which produce pain to or distress in an experimen­ Thursday night of last week, I believe I would send to the desk on behalf of tal animal; it was-I stand corrected on that if myself and the distinguished Senator in any practice which could cause pain that is not the right time, but I believe from Montana [Mr. MELCHER], and to animals- it was Thursday-it was clearly indi­ Senators HEINZ, ROTH, STEVENS, (i) that a doctor of veterinary medicine is cated that we hoped to get unanimous LEAHY, COHEN, STAFFORD, MATSUNAGA, consulted in the planning of such proce­ agreement that we would debate and SIMON, BAUCUS, FORD, SPECTER, DUREN­ dures; for pre-surgical and post-surgical care and again on Monday, that we would DICK, D'AMATO, KASTEN, PROXMIRE, by laboratory workers in accordance with not have any votes, that if necessary PELL, DOMENICI, CHAFEE, MOYNIHAN, established veterinary medical and nursing we would stack these votes on Tues­ MITCHELL, MURKOWSKI, EVANS, procedures; day. I simply say, and I suspect that WILSON, STENNIS, HUMPHREY, HECHT, against the use of paralytics without the chairman of the Agriculture Com­ BUMPERS, CRANSTON, METZENBAUM, anesthesia; and that the withholding of tranquilizers, mittee would agree with me, that MATTINGLY, ROCKEFELLER, THURMOND, anesthesia, analgesia, or euthanasia when when any time you tell the Senate andEXON. scientifically necessary shall continue for that you are not going to have any The PRESIDING OFFICER. The only the necessary period of time; votes on Friday and you are not going amendment is so modified. that no animal is used in more than to have any votes on Monday next, The modified amendment is as fol­ one major operative experiment from which that if we have to require any votes if lows: it is allowed to recover except in case of- we should get into anything controver­ Strike everything after the title and insert (i) scientific necessity; or sial, then we will put those over and in lieu thereof the following: (ii) other special circumstances as deter­ stack them on Tuesday, I suspect that SEc. . This Act may be cited as the " Im­ mined by the Secretary; and that took a chance of any bite of proved Standards for Laboratory Animals that exceptions to such standards may anyone being here and getting any­ Act". be made only when specified by research SEc. . The Congress finds that- protocol and that any such exception shall thing done. ( 1 > the use of animals is instrumental in be detailed and justified in a report outlined It is true that agreement was not en­ certain research and education for advanc­ under paragraph 7 and filed with the Insti­ tered into but that agreement was pro­ ing knowledge of cures and treatment for tutional Animal Committee. posed. diseases and injuries which afflict both (b) Section 13 of such Act is further If there is any lament about the in­ humans and animals; amended- ability to get things done on Friday <2> methods of testing that do not use ani­ <1> by designating the third and fourth last and this day, Monday, I would mals are being and continue to be developed sentences as paragraph <4>; suggest that it was primarily because which are faster, less expensive, and more <2> by designating the fifth sentence as accurate than traditional animal experi­ paragraph <5>; and this matter I think again-in my opin­ ments for some purposes and further oppor­ <3> by striking out the last sentence and ion, once again I could be wrong-was tunities exist for the development of these inserting in lieu thereof the following: one of those filler motives that I do methods of testing; <6 > Nothing in this Act shall be construed not suspect that we are going to have (3) measures which eliminate or minimize as authorizing the Secretary to promulgate, very much happen on serious voting the unnecessary duplication of experiments rules, regulations, or orders with regard to until Tuesday of next week, if not on animals can result in more productive the design, outlines, or guidelines of actual later. use of Federal funds; and research or experimentation by a research I, too, wish to say that those who <4> measures which help meet the public facility or Federal research facility: Provid­ concern for laboratory animal care and ed, That the Secretary shall require every have amendments that are ready now treatment are important in assuring that re­ research facility to show that professionally have also been encouraged by this search will continue t progress. acceptable standards governing the care, Senator to come over and offer them. SEc. . Section 13 of the Animal Wel­ treatment, and practices on animals are At least, we can begin debate to move fare Act <7 U.S.C. 2143) is amended- being followed by the research facility things forward. (!) by redesignating subsections (b) during research and experimentation. No What I am saying is t hat if we begin through as subsections (f) through rule, regulation, order, or part of this Act debate now, then we are going to save respectively; and may require a research facility to disclose some time that we might wish that we <2> by striking out the first two sentences publicly, or to the Institutional Animal of subsection and inserting in lieu there­ Committee during its inspection, trade se­ had later on. of the following: crets or commercial or financial information It is old story, as the chairman of <1 > The Secretary shall promulgate stand­ which is privileged or confidential. the Agriculture Committee fully ards to govern the humane handling, care, <7> The Secretary shall require, at least knows, and we went through it on the treatment, and transportation of animals by annually, every research facility and Feder­ reconciliation bill. We get down to the dealers, research facilities, and exhibitors. al research facility to report that the provi­ last few minutes and we have 10 or 15 <2> The standards described in paragraph sions of this Act are being followed. or 20 Senators who want to come over <1 >shall include minimum requirements- In complying with subparagraph , and offer a major amendment of some for handling, housing, feeding, water­ such research facilities shall provide- ing, sanitation, ventilation, shelter from ex­ (1) information on procedures likely to kind and there is no time left to tremes of weather and temperatures, ade­ produce pain or distress in animals and as­ debate it. It is not the way we should quate veterinary care, and separation by surances demonstrating that the principal do business in the Senate and I think species where the Secretary finds necessary investigator considered alternatives to those that probably my friend from North for human handling, care, or treatment of procedures; Carolina would agree with me at least animals; and (11) assurances satisfactory to the Secre­ on that statement. for exercise of dogs and for a physical tary that such facility is adhering to the Mr. President, I yield the floor. environment adequate to promote the psy­ standards described in this section; and chological well-being of primates. (111) an explanation for any deviation from AMENDMENT NO. 904 (AS MODIFIED> <3> In addition to the requirements under the standards promulgated under this sec­ Mr. DOLE. Mr. President, on Friday paragraph <2>. the standards described in tion. I offered an amendment dealing with paragraph <1 > shall, with respect to animals <8> Paragraph <1> shall not prohibit any animal welfare on the farm bill. I am in research facilities, include requirements- State from promulgating standards in addi­ deviation discovered by reason of paragraph facility losing Federal support as a result of tion to those standards promulgated by the (3), the Institutional Animal Committee actions taken under the preceding sentence Secretary under paragraph <1 >. shall notify the administrative representa­ shall have the right of appeal as provided in Section 13 of such Act is further tive of the research facility of any deficien­ sections 701 through 706 of title 5, United amended by inserting after subsection cies or deviations from the provisions of this States Code. the following new subsections: Act. If, after notification and an opportuni­ SEc. . Section 16 of the Animal Wel­ The Secretary shall require that ty for correction, such deficiencies or devi­ fare Act <7 U.S.C. 2146(a)) is amended by in­ each research facility establish at least one ations remain uncorrected, the Institutional serting after the first sentence the follow­ Institutional Animal Committee. Each Insti­ Animal Committee shall notify The inspection results shall be avail­ shall conduct such follow-up inspections as ty to assess animal care, treatment, and able to Department of Agriculture inspec­ may be necessary until all deficiencies or de­ practices in experimental research as deter­ tors for review during inspections. Depart­ viations from such standards are correct­ mined by the needs of the research facility ment of Agriculture inspectors shall for­ ed.". and shall represent society's concerns re­ ward any Institutional Animal Committee SEc .. The Animal Welfare Act <7 U.S.C. garding the welfare of animal subjects used inspection records which include reports of 2131-2156) is amended by adding at the end at such facility. Of the members of the In­ uncorrected deficiencies or deviations to the thereof the following section: stitutional Animal Committee- Animal and Plant Health Inspection Service SEc. 27. It shall be unlawful for any at least one member shall be a doctor and any funding Federal agency of the member of the Institutional Animal Com­ of veterinary medicine; project with respect to which such uncor­ mittee to release any confidential informa­ at least one member shall not be affili­ rected deficiencies and deviations occurred. tion of the research facility including any ated in any way with such facility other In the case of Federal research fa­ information that concerns or relates to- than as a member of the Institutional cilities, a Federal Institutional Animal Com­ O> the trade secrets, processes, operations, Animal Committee, shall not be a member mittee shall be established and shall have style of work, or apparatus, or of the immediate family of a person who is the same composition and responsibilities <2> to the identity, confidential statistical affiliated with such facility, and is intended oultined in subsection (b), except that the data, amount or source of any income, prof­ to provide representation for general com­ Federal Institutional Animal Committee its, losses, or expenditures of the research munity interests in the proper care and shall report deficiencies or deviations to the facility. treatment of animals; and head of the Federal agency conducting the It shall be unlawful for any member of in those cases where the Institutional research rather than to the Animal and such Committee- Animal Committee consists of more than Plant Health Inspection Service of the De­ <1 > to use or attempt to use to his advan­ three members, not more than three mem­ partment of Agriculture. The head of the tages,or bers shall be from the same administrative Federal agency conducting the research <2> to reveal to any other person, any in­ unit of such facility. shall be responsible for- <2> A quorum shall be required for all formation which is entitled to protection as formal actions of the Institutional Animal all corrective action to be taken at the confidential information under subsection Committee, including inspections under facility; and . paragraph <3>. the granting of all exceptions to in­ A violation of subsection or is <3> The Institutional Animal Committee spection protocol. punishable by- shall inspect at least semiannually all Each research facility shall provide <1 >removal from such Committee, and animal study areas and animal facilities of for annual training for scientists, animal <2> a fine of not more than $1,000 and such research facility and review as part of technicians, and other personnel involved imprisonment of not more than one year, or the inspection- with animal care and treatment in such fa­ if such violation is willful, a fine of not practices involving pain to animals, cility. Such training shall include instruc­ more than $10,000 and imprisonment of not and tion on- more than three years. the condition of animals, to ensure the humane practice of animal main­ any person, including any research fa­ compliance with the provisions of this Act tenance and experimentation; cility, injured in its business or property by and that pain and distress to animals is research or testing methods that mini­ reason of a violation of this section may re­ minimized. Exceptions to the requirement mize or eliminate the use of animals or limit cover all actual and consequential damages of inspection of such study areas may be animal pain or distress; and sustained by such person and the cost of the made by the Secretary if animals are stud­ utilization of the information service suit including a reasonable attorney's fee. ied in their natural environment and the at the National Agricultural Library, estab­ (e) Nothing in this section shall be con­ study area is prohibitive to easy access. lished under subsection . strued to affect any other rights that any <4> The Institutional Animal Commit­ include methods whereby deficiencies such person may have, nor shall subsection tee shall file an inspection certification in animal care and treatment should be re­ (d) be construed to limit the exercise of any report of each inspection at the research fa­ ported. such rights arising out of or relating to a cility. Such report shall- The Secretary shall establish an in­ violation of subsections and . (i) be signed by a majority of the Institu­ formation service at the National Agricul­ SEc. . Subsection of section 19 of tional Animal Committee members involved tural Library. Such service shall, in coopera­ the Animal Welfare Act <7 U.S.C. 2149(b)) is in the inspection; tion with the National Library of Medicine, amended- include reports of any violation of the provide information- <1 > in the first sentence by striking out standards promulgated, or assurances re­ pertinent to employee training; "$1,000 for each such violation" and insert­ quired, by the Secretary, including any defi­ which could prevent unintended dupli­ ing in lieu thereof "$2,500 for each such vio­ cient conditions of animal care or treat­ cation of animal experimentation as deter­ lation"; and ment, any deviations of research practices mined by the needs of the research facility; <2> in the sixth sentence by stri~ing out from originally approved proposals that ad­ and "$500 for each offense" and inserting in lieu versely affect animal welfare, any notifica­ on improved methods of animal ex­ thereof "$1,500 for each offense". tion to the facility regarding such condi­ perimentation, including methods which Subsection (d) of such section is tions and any corrections made thereafter; could- amended by striking out "$1,000" and in­ include any minority views of the In­ m reduce or replace animal use; and serting in lieu thereof "$2,500". stitutional Animal Committee; and minimize pain and distress to animals, SEc. . Section 2 of the Animal Wel­ include any other information perti­ such as anesthetic and analgesic procedures. fare Act <7 U.S.C. 2132> is amended by nent to the activities of the Institutional In any case in which a Federal agency adding after subsection (j) the following Animal Committee. funding a research project determines that new subsections: Such report shall remain on file for at conditions of animal care, treatment, or The term "Federal agency" means an least three years at the research facility and practice in a particular project have not Executive agency as such term is defined in shall be available for inspection by the been in compliance with standards promul­ section 105 of title 5, United States Code, Animal and Plant Health Inspection Service gated under this Act, despite notification by and with respect to any research facility of the Department of Agriculture and any the Secretary or such Federal agency to the means the agency from which the research funding Federal agency. research facility and an opportunity for cor­ facility receives a Federal award for the con­ In order to give the research facility rection, such agency suspend or revoke Fed­ duct of research, experimentation, or test­ an opportunity to correct any deficiencies or eral support for the project. Any research ing, involving the use of animals; October 28, 1985 CONGRESSIONAL RECORD-SENATE 29273 m The term "quorum" means a majority that USDA and NIH may have had as have here is, I think, a fair and rea­ of the Committee members; well as any questions raised by the soned approach which addresses the The term "Federal research facility" medical research community while twin concerns of medical advancement means each department, agency, or instru­ mentality of the United States which uses maintaining the intent of the legisla­ and ensures the humane treatment of live animals for research or experimenta­ tion. animal subjects. tion; We would maintain exercise for dogs The proposal which is before the For purpose of this Act, the term and clarify in report language the in­ Senate today accomplishes two impor­ "animal" shall have the same meaning as tention of this provision as applying tant points. The first is the establish­ defined in section 2(j) of the Animal Wel­ on a case-by-case basis. We would in­ ment of Institutional Animal Commit­ fare Act <7 U.S.C. 2132(j)), as redesignated clude language important to the Sena­ tees at Federal and private research by subsection (b) of this section. tor from Montana dealing with the SEc. . Section 14 of the Animal Welfare facilities. These committees will be physical environment for primates. made up of three or more members, Act <7 U.S.C. 2144> is amended by changing We would clarify that all members of "section 13" to "section 13 . (f), (g), and with one member being a doctor of (h)" wherever it appears. the institutional animal committees veterinary medicine and one member, SEc. . This Act shall take effect one year are responsible for representing the not affiliated with the facility in any after the date of the enactment of this Act. general community's interest in way, and is intended to represent the Mr. DOLE. Mr. President, I also animal care and treatment; we would general community interests. It is the have a statement in support of the also indicate the outside person on the responsibility of the committee to rep­ modification, and I do particularly committee is intended to provide rep­ resent society's concerns regarding want to thank the distinguished Sena­ resentation for the general communi­ animal research subjects. tor from Montana who is an expert in ty's interest in the care and treatment The second important provision of this area, a veterinarian himself who of animals. this proposal, for the first time, re­ understands many of the practical The new language would promote quires a physical environment ade­ problems involved on both sides, and uniformity by providing that Federal quate to promote the psychological he has been most helpful along with, research facilities establish institu­ well-being of primates. I have seen the as I have indicated, his staff, my staff, tional animal committees with similar types of cages used in many facilities the staff of Senator HATCH, and other responsibilities as outlined previously in the amendment and would leave en­ to house primates. These cages are not outside groups who have a direct inter­ forcement up to the head of the Fed­ much wider than the average shower est in the legislation, some on each eral facility conducting the research. stall and there is hardly enough room side. I want to also thank Christine We would modify the whistleblower to allow the animal to stand erect. Stevens for her tireless efforts on clause by providing for methods Under the new provisions, I think we behalf of this legislation. whereby deficiencies should be report­ are not only providing humane treat­ I think we have a good resolution. I ed. ment of these animals, but assures would certainly hope that we could We would also add language for more confidence in the results in the pass this amendment without exten­ strengthened trade secret protections experiments they are used in. It is cer­ sive debate on a voice vote or rollcall tainly true that the results of our re­ vote, whichever. But if there is a roll­ as well as other more minor changes. BROAD SUPPORT search is directly affected by the phys­ call, I would hope that that might be ical and psychological health of the delayed until tomorrow. Mr. President, 39 of my colleagues on both sides of the aisle have joined subject. ANIMAL WELFARE LEGISLATION me as cosponsors of this legislation, I certainly hope that my colleagues Mr. President, last Friday I brought and I urge its adoption by the full will accept this proposal and that we up as an amendment to the farm bill, Senate. will be able to hold on to it intact S. 1233, a bill I introduced earlier in Mr. MELCHER. Mr. President, will during conference deliberations. the session which would modify the the distinguished majority leader The PRESIDING OFFICER. The Animal Welfare Act. yield? Senator from North Carolina. Similar legislation on animal welfare Mr. DOLE. I am happy to yield to Mr. HELMS. Mr. President, the dis­ was introduced during the last session the Senator from Montana. tinguished majority leader has de­ of Congress and hearings were held in Mr. MELCHER. Mr. President, I scribed the process by which this com­ both the House and Senate Agricul­ commend the Senator from Kansas, promise agreement has been reached. ture Committees. In addition, a great the majority leader of the Senate, for This legislation amends the Animal deal of time and effort has gone into over the past 1% or 2 years more cor­ Welfare Act over which the Agricul­ drafting legislation which would repre­ rectly, working on the necessary ture Committee has jurisdiction. But sent a responsible approach toward en­ amendments for the Animal Welfare most of its implications are directed suring the humane treatment of ani­ Act. It is a basic act that protects labo­ toward laboratory animal testing pro­ mals, while taking into consideration ratory animals and assures humane cedures under the jurisdiction of the the needs of medical research. treatment for them while research is National Institutes of Health and the FRIDAY MEETING going on. The step that is being taken Labor and Human Resources Commit­ It was apparent last Friday that today in these amendments is indeed a tee. Given this overlapping jurisdic­ there were still a few concerns on the very forward step in the direction of tion, I believe it was important to ac­ part of the Senator from Utah, and in assuring that the continuation of that commodate the concerns of Senator an effort to accommodate his concerns type of humane treatment for re­ HATCH and others who serve on the I instructed staff members to try to search animals. Labor and Human Resources Commit­ work out an agreement on the bill. I am pleased to join in with the dis­ tee. The Senator from Montana also had tinguished majority leader in working The National Institutes of Health language he was interested in incorpo­ out the language and I feel confident recently adopted policies and pub­ rating into the amendment. as a result that the research community will be lished guidelines for recommended of Friday's meetings, I believe we well-served and certainly the humane­ care of laboratory animals. There was reached agreement on any differences ness of the animals has taken a stride some concern at the NIH that this leg­ which might have existed. forward. islation might force them to reconsid­ BASIC AGREEMENT During the last Congress we held er or amend these guidelines even Mr. President, I believe we have hearings on this subject in the Agri­ though they have been applauded by taken care of most, if not all, of the culture Committee and heard from the animal welfare groups. This new questions raised earlier in connection representatives of the scientific and agreement would enable the NIH to with this legislation, including those animal welfare communities. What we retain these newly revised and updat- 29274 CONGRESSIONAL RECORD-SENATE October 28, 1985 ed policies without having to make lengthy public review process, the U.S. mals and to encourage the use of alter­ any major modifications to reflect the Public Health Service strengthened its native research methods whenever provisions of this amendment. policy on the humane care and use of possible. We know abuse exists in the Senator MELCHER also had some jus­ laboratory animals and revised the laboratory, and that it can be stopped. tifiable concerns with the fact that NIH guide for awardee institutions. No one questions the need for this legislation would require the Now, with the recent passage of the animal research. In some cases, no al­ Animal and Plant Health Inspection NIH reauthorization bill, H.R. 2409, ' ternative methods exist; without con­ Service to regulate other Federal Congress has given the new Public tinued research, we would have little agencies. It is my understanding that Health Service policy and procedures a hope of conquering Parkinson's dis­ these concerns have also been resolved statutory foundation and mandate. ease, or heart disease, or cancer. But I in a way that would not greatly affect To be certain that the legislation we ask, When there are no substitutes for this agencies resources. are now considering did not operate at experiments on live animals, can we I commend those who have put cross-purposes with H.R. 2409 my staff not be certain that the animals be many long hours toward working out has worked with Senator DoLE's staff this mutual agreement. I am prepared to develop the amendment being of­ treated with care and humanity? I be­ to accept the amendment on this side fered today. It represents a fair consid­ lieve we can, and at least 34 of my col­ of the aisle. eration of the interests of our respec­ leagues agree. I contend that we must. Mr. ZORINSKY. Mr. President, I tive committees, and I believe the This amendment would ensure that am a cosponsor of the underlying leg­ amendment as revised is consistent animals necessary for research receive islation and I congratulate the distin­ with policy established in H.R. 2409. fair and humane treatment, and that guished Senators from Kansas and This will not require duplicative regu­ their discomfort is kept to an absolute Montana on working out the accom­ lations be developed by the USDA and minimum. It also would establish a modation, and I urge my colleagues on HHS. In fact, it requires interagency central information center in the Na­ t:1is side of the aisle to support the cooperating in developing new guide­ tional Agricultural Library, where re­ amendment and move for its approval. lines for animal welfare. Further, I be­ sults of past animal experimentation Mr. HATCH. Mr. President, Senator lieve we have produced a proposal will be available to the research com­ DoLE and I and our staffs, have had which provides a consistent national munity. The ready availability of this many discussions, over the last several policy in the care and treatment of information would encourage re­ years, concerning the need for legisla­ laboratory animals, one which will not searchers to pause before beginning tive action relative to the appropriate unduly restrict research facilities to new experiments, perhaps to discover and humane use of animals in re­ conflicting standards and regulations. that someone else has already learned search. I am pleased to have worked To ensure that this is the case, the what they seek to know. with Senator DoLE in these efforts, to report accompanying this legislation Mr. President, as continued animal define new Federal protections for ani­ must clarify any areas of potential research is essential to the progress of mals. confusion. Specifically, the report efforts to protect human health, so Research utilizing laboratory ani­ should reinforce: the improved standards for laboratory mals remains absolutely essential if we First, the Secretaries of the Depart­ animals amendment is the least we are to achieve advancements in the ments of Agriculture and Health and can do to ensure the animals receive treatment and cure of diseases and in­ Human Services will consult with each humane care and treatment. I urge my juries suffered by people and animals other to promulgate conforming regu­ colleagues to join me in support of today. Nonetheless, I support the de­ lations. this proposal. velopment of uniform standards in Second, no resulting regulations The PRESIDING OFFICER. The order that we might have a consistent shall be construed to prescribe meth­ question is on agreeing to the amend­ national policy to assure the appropri­ ods of research. ment. ate care and use of laboratory animals, Third, research facilities' privileged The amendment . transmitting a draft of proposed leg­ gling farmers need not go out of busi­ authorities under that act relating to the islation to amend title 28, and title 11 of the ness. If members of the Senate are National Institutes of Health and National United States Code to provide for the ap­ willing to do so, I am confident we can Research Institutes, and for other purposes. pointment of United States trustees to su­ find a way to restructure the farm pervise the administration of bankruptcy cases in judicial districts throughout the debt which is strangling the life out of MEASURE PLACED ON THE United States and for other purposes; to the rural America. If we give farmers a CALENDAR Committee on the Judiciary. chance, they will vindicate our faith in The following joint resolution was them as they have time after time. read the second time and placed on But the key is to take steps to protect the calendar: INTRODUCTION OF BILLS AND farm income and give farmers a S.J. Res. 223. Joint resolution to prohibit JOINT RESOLUTIONS chance to make it through this diffi­ the sales of certain advanced weapons to The following bills and joint resolu­ cult period. Jordan. tions were introduced, read the first Mr. HELMS. Mr. President, I inquire and second time by unanimous con­ of the distinguished majority leader as sent, and referred as indicated: to his wishes with respect to the farm EXECUTIVE AND OTHER COMMUNICATIONS By Mr. THURMOND : know of no Senators on their way to The following communications were S. 1794. A bill to amend Revised Statutes offer amendments. I wonder what his laid before the Senate, together with section 722 <42 U.S.C., sec. 1988> to exempt wishes would be about continuing the accompanying papers, reports, and State judges and judicial officers from as­ consideration of the farm bill today. documents, which were referred as in­ sessment of attorneys' fees in cases in which Mr. DOLE. As I indicated earlier, I dicated: such judge or judicial officer would be know both managers, Senator HELMS immune from actions for damages arising EC-1931. A communication from the Sec­ out of the same act or omission about which and Senator ZORINSKY, have been retary of Health and Human Services, trans­ complaint is made; to the Committee on the urging Members to come to the floor. mitting a draft of proposed legislation to Judiciary. Apparently they are not coming. ensure the supply of childhood vaccines, By Mr. HATCH , transmitting, pursuant to law, a out objection, it is so ordered. report on the Voluntary Agreement and By Mr. DOLE : REFERRED retary of Education, transmitting, pursuant to law, a report on the program reviews of S. 1794. A bill to amend Revised As in executive session, the Presid­ 416 projects funded under the Indian Edu­ Statutes section 722 <42 U.S.C. 1988> ing Officer laid before the Senate mes­ cation Act; to the Committee on Labor and to exempt State judges and judicial of­ sages from the President of the United Human Resources. ficers from assessment of attorneys' 29278 CONGRESSIONAL RECORD-SENATE October 28, 1985 fees in cases in which such judge or ju­ last sentence of section 722 of the Revised support efforts to amend the statute to dicial officer would be immune from Statutes, as amended <423 U.S.C. § 1988) is exempt such individuals in suits for injunc­ actions for damages arising out of the amended to read as follows: tive relief pursuant to 42 U.S.C. § 1983. "In any action or proceeding to enforce a Based on review and recommendations of same act or omission about which provision of Sections 1977, 1978, 1979, 1980, its Subcommittee on Federal-State Rela­ complaint is made; to the Committee and 1981 of the Revised Statutes, title IX of tions, as approved by the Committee on on the Judiciary. Public Law 92-318, or title VI of the Civil Court Administration, the Conference con­ ELIMINATION OF CERTAIN ATTORNEY FEE Rights Act of 1964, the court, in its discre­ cluded that the concerns pressed by the AWARDS AGAINST JUDGES tion, may allow the prevailing party, other State Chief Justices and others were well­ Mr. THURMOND. Mr. President, than the United States, a reasonable attor­ founded. Accordingly, the Conference voted today, along with Senator HATcH, I am ney's fee as part of the costs; provided that to recommend to the Congress that 42 introducing legislation at the request no such fees shall be awarded against a U.S.C. § 1988 be amended so as not to allow of the Judicial Conference of the judge or judicial officer who would be P..ttorneys' fees in cases covered by the Pul­ United States which would eliminate immune from actions for damages arising liam decision. The enclosed amendment out of the same act or omission about which would accomplish that result. certain attorney fee awards against complaint is made." We urge the Congress to act favorably on judges. ADMINISTRATIVE OFFICE this proposal. In 1984, in the case of Pulliam v. OF THE U.S. COURTS, Sincerely, Allen, the Supreme Court ruled that Washington, DC, October 4, 1985. L. RALPH MEcHAM, the doctrine of judicial immunity does Hon. GEORGE BusH, Director. not prevent injunctive relief in Feder­ President, U.S. Senate, al courts under 42 U.S.C. section 1983. Dirksen Senate Office Building, By Mr. HATCH (for himself and Washington, DC. Prospective State action may be en­ DEAR MR. PRESIDENT: The Judicial Confer­ Mr. THURMOND): joined-judges may be enjoined­ ence of the United States recommends the S. 1795. A bill to provide that in judi­ under that statute, the Court ruled, enclosed draft bill to eliminate awards of at­ cial actions against State judges, such and attorneys' fees may be awarded to torney fees in a suit against a judge or judi­ judges shall not be held liable for at­ prevailing parties under 42 U.S.C. sec­ cial officer who would be immune from ac­ torney fees; to the Committee on the tion 1988. tions for damages arising out of the same Judiciary. Mr. President, the ruling by the Su­ act or omission about which complaint is STATE JUDGES' LIABILITY FOR ATTORNEY FEES preme Court in Pulliam has, under­ made. standably, caused serious concern The general outline for judicial immunity Mr. HATCH. Mr. President, in the among our Nation's judges and judi­ has developed over many years. Absolute ju­ recent case of Pulliam v. Allen, 104 S. cial officers. They are concerned that dicial immunity applies to tort actions for Ct. 1970 <1984), the Supreme Court damages, including 42 U.S.C. § 1982 civil held, by the narrow margin of 5 to 4, the threat of heavy financial burdens, rights actions, for a judicial decision within which might result from awards of at­ the court's jurisdiction, even if alleged to that judicial immunity is not a bar to torneys' fees, will have a chilling have been made corruptly or maliciously injunctive relief against a judge acting effect on judicial independence and ju­ 335 in his judicial capacity, nor is it a bar dicial detachment. Especially discon­ 0872>; Pierson v. Ray, 386 U.S. 547 (1967». to the award of attorney fees against a certing is the likelihood that such at­ "Jurisdiction," for these purposes, is satis­ judge against whom an injunction to torney fee awards would arise from a fied if the decision involves a function nor­ request the introduction of a bill ad­ judicial decision required of a judge in mally performed by a judge and the parties dressing the implications of Pulliam were dealing with the judge in his judicial with relation to judicial independence. the ordinary course of litigation. Addi­ capacity a chilling effect on judicial then filed a claim in accordance to sec­ more comprehensive approach to independence and judicial detachment; <2> tion 1983 of title 42 of the United reform in the attorney fee area. the creation of a new class of Federal litiga­ tion against State judicial decisions; <3> en­ States Code, seeking relief against the I ask unanimous consent that the croachment upon the doctrines of federal­ petitioner's practice of incarcerating bill be printed in the RECORD along ism, exhaustion of State remedies, judicial persons waiting trial for nonincarcera­ with the letter of transmittal from the restraint, and comity; and <4> the threat of ble offenses. The district court found Judicial Conference of the United heavy financial burdens, in the form of at­ Judge Pulliam to have acted improper­ States. torneys' fees, arising from a judicial decision ly and enjoined her actions. The court There being no objection, the mate­ required of the judge in the ordinary course also found that the respondent was rial was ordered to be printed in the of litigation. entitled to costs, including attorney's RECORD, as follows: In August 1984, the Conference of State Chief Justices adopted a resolution calling fees, in accordance with section 1988 s. 1794 upon the Judicial Conference of the United of title 42 of the United States Code. Be it enacted by the Senate and House of States to study the issue of assessment of Pulliam petitioned the court to Representatives of the United States of attorneys' fees against State Judges and ju­ reduce the attorney's fees on the America in Congress assembled, That the dicial officers under 42 U.S.C. § 1988 and to grounds of judicial immunity. The October 28, 1985 CONGRESSIONAL RECORD-SENATE 29279 court upheld its original decision. Pul­ ence of the judges, and prevent them being local officials by attorney fee awards under liam then brought her case before the harassed by vexatious action; • • • various federal fee shifting statutes, and be­ court of appeals arguing that as a judi­ This simple statement of 90 years cause you are currently addressing this problem through hearings on S. 1580, the cial officer, she was immune from in­ ago accepts as self-evident the rela­ Legal Fees Equity Act, we would appreciate junctive relief and attorney's fees. The tionship between judicial immunity it if you would sponsor legislation directed court upheld the district court's deci­ and judicial independence. In that to the special problems posed for the judi­ sion against Pulliam. Certiorari was context, it is imperative that Congress cial process by fee awards against judges. granted by the Supreme Court in No­ examine the implications of Pulliam. We enclose a draft bill for that purpose. vember 1983. It marked the first time I am pleased, therefore, to introduce The suggested legislation reflects the the Supreme Court ever decided a case this bill by request of the Conference normal policy position of the Conference of on whether or not a judge could be of State Chief Justices to facilitate a Chief Justices which proposes amendment held personally liable for attorney public discussion of the important of 42 U.S.C. 1988 to exempt judges from fee fees. In May 1984, the Court reached a awards in actions challenging their official issues at stake as judicial immunity actions. This language offers the subcom­ 5-to-4 decision. Judicial immunity is no begins to erode. I commend to my col­ mittee and Congress the opportunity to ex­ bar to the award of attorney's fees. leagues the following letter by Chief amine the full range of decisions affecting This precedent-setting decision Justice Edwin J. Peterson of the State judicial immunity and to decide on the ap­ placed limitations on the doctrine of of Oregon requesting the introduction propriate legislative response. State judges the judiciary's common-law immunity, of this legislation. are virtually unanimous on the view that limitations that were for centuries un­ Mr. President, I ask unanimous con­ such a response is urgently needed. necessary, due to the nature of sent that a letter from the chief jus­ The Conference of Chief Justices would, common law. In 1868, one of the tice, Supreme Court of Oregon and of course, wish to testify in support of this legislation if it is introduced and hearings judges of the court of exchequer ex­ Chairman, Committee on Judicial Im­ are scheduled. plained judicial immunity in language munity be printed in the RECORD. Very truly yours, close to our contemporary understand­ There being no objection, the letter EDWIN J. PETERSON, ing of the doctrine: was ordered to be printed in the Chief Justice, Supreme Court of Oregon, It is essential in all courts that the judges RECORD, as follows: and Chairman, Committee on Judicial who are appointed to adminster the law CONFERENCE OF CHIEF JUSTICES, Immunity. should be permitted to administer it under October 11, 1985. the protection of the law, independently Hon. ORRIN G. HATCH, and freely, without favor and without fear. Chairman, Subcommittee on the Constitu­ ADDITIONAL COSPONSORS This provision of the law is not for the pro­ tion, Dirksen Senate Office Building, s. 89 tection or benefit of a malicious or corrupt Washington, DC. judge, but for the benefit of the public, DEAR MR. CHAIRMAN: I am writing on At the request of Mr. INOUYE, the whose interest it is that the judges should behalf of the Conference of Chief Justices name of the Senator from Massachu­ be at liberty to exercise their functions with to ask your assistance in dealing with a setts [Mr. KERRY] was added as a co­ independence, and without fear of conse­ problem that threatens the integrity of the sponsor of S. 89, a bill to recognize the quences. judicial process. Our concern is directed to organization known as the National Hence, to protect the independence erosion of the common law doctrine of judi­ Academies of Practice. cial immunity through a series of Supreme of a judge neither a suit nor damages Court decisions involving 42 U.S.C. 1983 and s. 887 can be brought against him. 1988. At the request of Mr. DoLE, the In the Pulliam case, the Supreme This erosion has been underway for some name of the Senator from Massachu­ Court reasoned that "for the most time as it involves a judge's administrative, setts [Mr. KERRY] was added as a co­ part, injunctive relief against a judge rulemaking, and other non-judicial func­ sponsor of S. 887, a bill to amend the raises concerns different from those tions necessary to operation of an independ­ Internal Revenue Code of 1954 to addressed by the protection of judges ent judicial system. But it reached a truly extend the deduction for expenses in­ from damages awards." Yet, four of critical stage with the decision in Pulliam v. Allen, 104 S. Ct. 1970 <1984), which held curred in connection with the elimina­ the nine Supreme Court Justices, dis­ that the doctrine of judicial immunity is not tion of architectural and transporta­ senting, argued otherwise. They noted a bar to injunctive relief in federal civil tion barriers for the handicapped and that the court, in effect, awarded a rights <42 U.S.C. 1983> actions against a elderly. $7,691 money judgment against a member of the state judiciary acting in a ju­ s. 945 State magistrate on the determination dicial capacity, or to the award of attorney At the request of Mr. THtnu4oND, the that she made erroneous judicial deci­ fees against the Judge under the Civil name of the Senator from Texas [Mr. sions with respect to bail and pretrial Rights Attorney's Fees Act, 42 U.S.C. 1988. This strikes at the very heart of the Judicial BENTSEN] was added as a cosponsor of detentions. Such a judgment poses the S. 945, a bill to recognize the organiza­ same threat to independent judicial function. The Pulliam court continued to uphold tion known as the National Associa­ decisionmaking whether it be labeled the doctrine of Judicial immunity as it in­ tion of State Directors of Veterans' Af­ "damages" of $7,691 or "attorney fees" volves direct damages against a Judge. But it fairs, Inc. in that amount. Moreover, as the is our view, and that of four dissenting jus­ s. 1233 court had stated a century and a half tices in Pulliam, that fee awards are as de­ ago, an "action before one judge for structive to the integrity of the Judicial At the request of Mr. DoLE, the what is done by another • • • is a process as direct damages would be. names of the Senator from Georgia case • • • against the independence of Accordingly, the Conference of Chief Jus­ [Mr. MATTINGLY], the Senator from the judges." The burdens of having to tices, the American Bar Association, the Ju­ Ohio [Mr. METZENBAUM], and the Sen­ dicial Conference of the United States, and ator from South Carolina [Mr. THUR­ defend such a suit are identical in many other bar and judicial organizations character and degree, whether the suit MOND] were added as cosponsors of S. have passed resolutions urging Congress to 1233, a bill to amend the Animal Wel­ be for damages or prospective relief. remedy the problems posed for state judges The dissenters maintained that the by the Court's interpretation of 42 U.S.C. fare Act to ensure the proper treat­ holding of the court subordinates re­ 1983 and 1988. ment of laboratory animals. alities to labels, that this new prece­ The issues are set forth in detail in the en­ s. 1250 dent eviscerates the doctrine of judi­ closed manuscript by Justice Joseph R. At the request of Mr. HEINZ, the cial immunity. Weisberger of the Supreme Court of Rhode name of the Senator from Hawaii [Mr. Island, prepared for publication in the Suf­ In 1895, the Supreme Court conclud­ folk University Law Review and appropri­ INOUYE] was added as a cosponsor of ed: ately titled, "The Twilight of Judicial Inde­ S. 1250, a bill to amend the Internal The public are deeply interested in the pendence". Revenue Code of 1954 to extend the rule of judicial immunity, which • • • was Because you have long shown your con­ targeted jobs tax credit for 5 years, established in order to secure the independ- cern for the burdens placed on state and and for other purposes. 29280 CONGRESSIONAL RECORD-SENATE October 28, 1985 s. 1647 posed to S. 1714, an original bill to AMENDMENTS SUBMITTED At the request of Mr. RoTH, the expand export markets for U.S. agri­ name of the Senator from Rhode cultural commodities, provide price Island [Mr. CHAFEE] was added as a co­ and income protection for farmers, AGRICULTURAL, FOOD, CONSER­ sponsor of S. 1647, a bill to amend the assure consumers an abundance of VATION, AND TRADE ACT Tariff Act of 1930 to enhance the pro­ food and fiber at reasonable prices, tection of intellectual property rights. continue food assistance to low-income s. 1741 households, and for other purposes. BENTSEN At the request of Mr. DURENBERGER, AMENDMENT NO. 906 AMENDMENT NO. 908 the name of the Senator from Califor­ nia [Mr. WILSON] was added as a co­ At the request of Mr. ·ABDNOR, the Mr. BENTSEN to expand markets s. 1774 expand export markets for U.S. agri­ for U.S. agricultural commodities, pro­ At the request of Mr. GRASSLEY, the cultural commodities, provide price vide price and income protection for name of the Senator from Colorado and income protection for farmers, farmers, assure consumers of an abun­ [Mr. ARMsTRONG] was added as a co­ assure consumers an abundance of dance of food and fiber at reasonable sponsor of S. 177 4, a bill to amend sec­ food and fiber at reasonable prices, prices, continue food assistance to low­ tion 1951 of title 18 of the United continue food assistance to low-income income households, and for other pur­ States Code, and for other purposes. households, and for other purposes. poses; as follows: SENATE JOINT RESOLUTION 74 On page 26, between lines 15 and 16, At the request of Mr. THuRMOND, the insert a new subsection as follows: name of the Senator from Michigan SENATE RESOLUTION 246-REC­ " The United States Trade Representa­ [Mr. RIEGLE] was added as a cosponsor OGNIZING BASEBALL'S NEW tive shall- <1 > review the reports prepared under sub­ of Senate Joint Resolution 74, a joint WORLD CHAMPIONS, THE section and any other information avail­ resolution to provide for the designa­ KANSAS CITY ROYALS able to identify export subsidies or other tion of the month of February, 1986, Mr. DOLE : names of the Senator from Kansas to: <2> identify markets S. RES. 246 in which United States export subsidies can [Mr. DoLE] and the Senator from Ne­ be used most efficiently and will have the braska [Mr. ZORINSKY] were added as Whereas, on the night of October 27, greatest impact in offsetting the benefits of cosponsors of Senate Joint Resolution 1985, the Kansas City Royals climaxed one foreign export subsidies that- 217, a joint resolution to designate the of the great chapters in major league base­ harm United States exports, week of December 2, 1985, to Decem­ ball annals with a world championship; are inconsistent with the Agreement ber 8, 1985, as "National Emergency Whereas, the Kansas City Royals cap­ on Interpretation and Application of Arti­ Medical Air Transport Week." tured the hearts of baseball fans all across cles VI, XVI, and XXIII of the General SENATE JOINT RESOLUTION 222 the country with its tenacious comebacks in Agreement on Tariffs and Trade, both the American League playoffs and the nullify or impair benefits accruing to At the request of Mr. D'AMATO, the World Series; the United States under international agree­ names of the Senator from Nevada Whereas, the Royals made history by be­ ments, or [Mr. LAxALT], the Senator from Indi­ coming the only team to lose the first two cause serious prejudice to the inter­ ana [Mr. QuAYLE] , the Senator from games of a World Series in its home park ests of the United States and Iowa [Mr. GRASSLEY], and the Senator but then to fight back and win it all; <3> submit to the Congress and to the Sec­ from Tennessee [Mr. GoRE] were Whereas, the so-called experts gave the retary of Agriculture an annual report on- added as cosponsors of Senate Joint Royals almost no chance of winning any­ the existence and status of export sub­ Resolution 222, a jont resolution con­ thing in postseason play; sidies and other export enhancing tech­ cerning the cruel and inhuman killing Whereas, the Kansas City Royals defeat­ niques that are the subject of the investiga­ of Leon Klinghoffer by international ed an outstanding Saint Louis Cardinal tion conducted under paragraph <1 >. and team in the World Series and a great Toron­ the identification and assignment of terrorists aboard the cruise ship priority to markets under paragraph <2>. " Achille Lauro, because he did not to Blue Jays squad in the playoffs; On page 26, line 16, strike out "(c)" and submit to the demands of these terror­ Whereas, after 16 years of loyalty, Kansas insert in lieu thereof "(d)". ists. City Royals fans in Kansas, Iowa, Arkansas, On page 26, line 24, strike "subsection " South Dakota, Missouri, and all over this and insert in lieu thereof "subsections SENATE CONCURRENT RESOLUTION 69 great Nation have been rewarded with a At the request of Mr. DANFORTH, the and ". much-deserved world title; On page 27, line 3, strike out "(c)" and name of the Senator from Nebraska Whereas, Manager Dick Howser and his insert in lieu thereof "(d)". [Mr. ExoN] was added as a cosponsor team have demonstrated they are indeed On page 27, line 9, strike "subsection " of Senate Concurrent Resolution 69, a the right stuff; and insert in lieu thereof "subsections concurrent resolution to recognize the Whereas, after an ll-0 seventh game vic­ and ". National Camp Fire Organization for tory last night the Royals-and Kansas 75 years of service. City, Kansas, and Kansas City, Missouri­ AMENDMENT NO. 904 are on top of the baseball world: Now, there­ ABDNOR AMENDMENT NO. 909 At the request of Mr. DOLE, the fore, be it Notwithstanding any sponsors of Amendment No. 904 pro- other provision of law- October 28, 1985 CONGRESSIONAL RECORD-SENATE 29281 all beef, pork and lamb, and parts or (1) in paragraph (8)- general the cost of suit, including a reasona­ products thereof, capable of use as human by striking out "and" at the end of ble attorney's fee. food, offered for importation into the subparagraph ; "(b)(1) In any action brought under sec­ United States shall be subject to the same (B) by inserting "and" at the end of sub­ tion 4 of this Act, the defendant shall be en· inspection, sanitary, quality, species verifi­ paragraph <0 ); and titled to allege, as a partial or complete de­ cation, and residue requirements and stand­ no beef pork, or lamb, or any product ogies;"; action may be brought by the United States thereof, may be imported into the United On page 285, line 15, strike out "(1)'' and or an attorney general of a State pursuant States unless the Secretary of Agriculture insert in lieu thereof "(2)". to subsection (a) random inspections for species verifi­ in lieu thereof: <1), the defendant shall provide written cation and for residues; and "(a) This section may be cited as the notice, by certified or "tegistered mail, return (B) random sampling and testing of inter­ "Taxpayer Antitrust Enforcement Act of receipt requested, to any attorney general nal organs and fat of carcasses for residues 1985". at the point of slaughter by the exporting who may be entitled to maintain an action (b) Section 4 of the Clayton Act <15 U.S.C. against the defendant under subsection country, in accordance with methods ap­ 15) is amended by adding at the end thereof (a)(l). proved by the Secretary. the following: (b) This section shall becomes effective "(4) Upon receipt of such notice, the At­ "SEc. 41. of this Act, may be maintained etary relief, there shall be excluded from section designation. when such State, political subdivision, the the amount of monetary relief awarded any On page 287, between lines 8 and 9, insert United States, or such natural persons on amount which (1) duplicates amounts which the following new subsection: whose behalf the action is brought has or have been awarded for the same injury to (b) Section 1407(b) of such Act is amended have purchased indirectly from the defend­ another person who has proven, in fact, by inserting before the last sentence the fol­ ant: Provided, That nothing in this section such injury in a previous action, or (2) is lowing new sentence: "To ensure that views shall preclude any existing right of any properly allocable to the United States, any of food technologists are considered by the State, political subdivision, the United State or political subdivision, or any natural Joint Council, two of the members of the States, or an attorney general on behalf of person based on the application of this sub­ Joint Council shall as determined to be ap· natural persons, to sue under section 4, 4A, section to any action. propriate by the Secretary, be appointed by or4C. "SEc. 4J. (a) An action brought by the at­ the Secretary from among distinguished "(2) In any action arising out of indirect torney general of a State on behalf of a persons who are food technologists from ac­ purchases by the United States, any State seller for damages resulting from any un­ credited or certified departments of food or political subdivision thereof, or by any derpayment received on the sale of cattle, technology, as determined by the Secre­ natural person, permitted by subsection hogs, sheep, grains, or soybeans shall not be tary.". (a)(l), the court shall award to the United barred solely because such person on whose On page 287, between lines 14 and 15, States, State, or political subdivision, three­ behalf the action is brought did not sell insert the following new subsection: fold that amount which constitutes the such products directly to the defendant, if (b) Section 1408(b) of such Act is amend­ damage which would have been sustained such person possessed the livestock or grain ed- by any direct purchaser with respect to pur­ plant for feeding or growing purposes for a (1) by striking out "twenty-five" in the chases, directly or indirectly, by the United period of at least 21 days prior to the date matter preceding clause <1) and inserting in States, State or political subdivision, or nat­ of any such sale. lieu thereof "27"; ural persons, had the damage not been "(b)(1) In any action brought under sec­ (2) by striking out "and" at the end of passed on by the direct purchaser to any tion 4 of this Act by a seller, for damages re­ clause <10); other person: Provided, however, That there sulting form any underpayment on the sale (3) by striking out the period at the end of shall be excluded from the amount of mone­ of cattle, hogs, sheep, grains, or soybeans, clause (11) and inserting in lieu thereof ", tary relief awarded in such action any the defendant shall be entitled to allege, as and"; and amount of monetary relief which by adding at the end thereof the fol­ cates amounts which have been awarded for all of what would otherwise constitute lowing new clause: the same injury to another person who has plaintiff's damages were passed on by the "(12) two members who are food technolo­ proven, in fact, such injury in a previous plantiff to any other person and that with gists from accredited or certified depart­ action in which the defendant has asserted respect to such damages an action may be ments of food technology, as determined by a defense under subsection (b) against such brought by the United States or an attorney the Secretary.". other person and in which notice has been general of a State pursuant to this section. On page 287, line 15, by striking out "(b)" properly given pursuant to such section, or The defendant shall set forth, in asserting and inserting in lieu thereof "(c)". , the defendant authority Outlays nues shall provide written notice, by certified or budget scorekeeping report for the registered mail, return receipt requested, to week of October 21, 1985, prepared by Total enacted in previous 555,645 654,351 792,800 any attorney general who may be entitled to the Congressional Budget Office in re­ sessions. maintain an action against the defendant sponse to section 5 of the first budget under subsection . II. Enacted this session: "(4} Upon receipt of such notice, the At­ resolution for fiscal year 1986. This Famine relief and recovery in ...... 421 ...... report also serves as the scorekeeping Africa (Public Law 99- torney General of the United States, or of 10). any State, in addition to any other remedy, report for the purposes of section 311 Federal supplemental corn· ...... 10 may, upon motion made within one hundred of the Congressional Budget Act. pensation phaseout and twenty days, intervene in such action (Public Law 99-15) . The report follows: Appropriations f()( the MX ...... 368 ·············· and shall be joined pursuant to rule 24 of U.S. CONGRESS, missile (Public Law 99- the Federal Rules of Civil Procedures with 18). CONGRESSIONAL BUDGET OFFICE, Contemporaneous recordkeep...... 13 respect to any issue arising under paragraph Washington, DC, October 28, 1985. ing repeal bill (Public <1 > of this subsection. Hon. PETE V. DOMENICI, Law 99-44 ). "(5} In any case in which the defendant United States-Israel Free ...... - 8 Chainnan, Committee on the Budget, Trade Act (Public Law has asserted a defense pursuant to this sub­ U.S. Senate, Washington, DC. 99- 47) . section and in which the court awards mon­ DEAR MR. CHAIRMAN: The attached report Statue of Uberty-Ellis - 15 31 etary relief, there shall be excluded from Island Coin Act (Public the amount of monetary relief awarded any shows the effects of Congressional action on Law 99-61 ). amount which duplicates amounts the budget for fiscal year 1986. The estimat­ International Security and -25 - 25 ed totals of budget authority, outlays, and Development ~ation which have been awarded for the same Act (Public Law 9 -83 ). injury to another person who has proven, in revenues are compared to the appropriate Supplemental appropriations 36 3,138 fact, such injury in a previous action, or or recommended levels contained in the bill (Public Law 99- 88). most recent budget resolution, S. Con. Res. State ~rtment authoriza •...... is properly allocable to the United States, lion ( blic Law 99-93) . any State or political subdivision, or any 32. This report meets the requirements for Emergency Extension Act of -49 - 230 210 person based on the application of this sub­ Senate scorekeeping of Section 5 of S. Con. 1985 (Public Law 99- Res. 32 and is current through October 25, 107). section to any action. - 31 "(d) Notwithstanding the provisions of 1985. The report is submitted under Section Si~~~~~~lesof ( ~~~ed J~ ... section 4C of this Act providing that an at­ 308(b} and in aid of Section 3ll of the Congressional Budget Act. Hea~ ~~feSsions education· ...... - 8 torney general of a State may bring an al assistance (Public Law action as parens patriae only on behalf of No changes have occurred since my last 99-129 ). report. natural persons, such attorney general may Total enacted this session ... -53 3,694 195 bring an action on behalf of any person, re­ With best wishes, siding in such State.". Sincerely, Ill. Continuing resolution authority: RUDOLPH G. PENNER. Continuing appropriations, 521 ,043 338,964 The amendments made by this Act 1986 (Public Law 99- shall become effective upon the date of the 103). enactment of this Act.". Offsetting receipts ...... - 27,233 - 27,233 CBO WEEKLY SCOREKEEPING REPORT FOR THE U.S. SENATE, Total continuing resolution 493,810 311 ,731 OMNIBUS BUDGET 99TH CONGRESS, 1ST SESSION, AS OF OCTOBER 25, 1985 authority. RECONCILIATION ACT [FISCal year 1986-ln billions of dollars] IV. Conference agreements ratified by both Houses: 15,252 8,245 ...... Budget 0u Reve- Ene:~s.a~8sal~. ;Ts~9~.· RIEGLE AMENDMENT NO. 913 authOrity !lays nues Amendments·special defense 100 ...... ffllisition fund (S. Mr. RIEGLE proposed an amend­ 6). Current level 1 ...... 1.067.4 980.3 793.0 1,823.8 ment to the bill to provide Budget resolution Senate Concurrent Total conference agree- 15,352 8,245 ...... for reconciliation pursuant to section 2 Resolution 32 ...... 1,069.7 967.6 795.7 a 2,078.7 ments. Current level is: of the first concurrent resolution on V. Entitlement authority and other the budget for fiscal year 1986, and for ~~rR=fron\ ·::::::::::::::::::::··········· 2:3·· ...... ~~ : ~ .. ·········2:r ...... 2ss:o mandatory items requiring fur· !her appropriation action: other purposes; as follows: 10 ...... 1 The current level represents the estimated revenue and direct spending Payment to the CIA retire­ 10 At the end of the bill add the following effects (budget authority and outlays) of all legislation that Congress has ment lund. new section: enacted 1n th1s or previous sessions or sent to the President for his approval. Claims, defense ...... 7 3 ·············· In addition, estimates are included of the direct spending effects for all Payment to the Foreign (7) (7) ...... SEc. . The Secretary of the Treasury Service retirement trust entitlement or other programs requiring annual appropriations under current law 1 shall pay, from funds in the general fund of even though the appropnations have not been made. The current level excfused fund . the Treasury, into each of the Social Securi­ the revenue and direct spending effects of legislation that is in earlier stages of completion, such as reportea from a Senate Committee or passed by the ~&e i":S:::s·····iiiisi.. ell :::::::::::::::::::::::::::::::::::: ty Trust Funds, amounts equal to any Senate. Thus, savings from reconciliation action assumed In S. Con. Res. 32 fund. amount of interest which would have ac­ will not be included until Congress sends the legislation to the President for his Payment to air carriers, DOT .. 18 17 ...... crued to such Trust Fund but for actions approval. The current level of debt subject to limit reflects the latest U.S. Retired pay-Coast Guard...... 21 19 ...... Treasury information on public debt transactions. Ma~~i{'~u~~t i ng.(tifferen· ...... 3 ...... which were taken by the United States with 2 The current statutory debt limit is $1,823.8 billion. respect to investments of such Trust Fund BIA: Miscellaneous trust (2) (2) ...... funds. which would not otherwise have been taken Higher education facilities as it was 1ST SESSION, AS OF OCT. 25, 1985 funds 1. Child nutrition programs ...... 254 234 ...... passed by the House of Representatives and [In millions of dollars] Advances to unemployment (516) (516) ...... reported by the Senate Committee on Fi­ trust fund 1• nance. Budget Reve· Special benefits (general re­ 48 48 authOrity Outlays nues tirement and federal em­ For purposes of subsection , the ployee retirement) . term "Social Security Trust Funds" means Black lung disability trust 85 85 the Federal Old-Age and Survivors Insur­ Enacted in previous sessions: fund. ance Trust Fund, the Federal Disability In­ Revenues ...... 792,800 Assistance payments ...... 573 573 Per:ni~Jst funr.ropriations 717,652 631 ,009 Veterans pensions ...... 10 surance Trust Fund, the Federal Hogpital Salaries of j ud~es ...... 3 1 ...... Other appropriations ...... 185,348 ...... Insurance Trust Fund, and the Federal Sup­ Payment to ctvil service re- (214) (214 ) ·············· Offsetting receipts ...... - 162,006 -162,006 ...... 1 plementary Medical Insurance Trust Fund. tirement • October 28, 1985 CONGRESSIONAL RECORD-SENATE 29283 FISCAL YEAR 1986, SUPPORTING DETAILS FOR CBO WEEKLY tion. When we confirmed this Board The Melvin T. Dixon Award is the SCOREKEEPING REPORT, U.S. SENATE, 99TH CONGRESS, last spring, we expressed our trust in highest award given by the association 1ST SESSION, AS OF OCT. 25, 1985-Continued those nominees to act in a manner and recognizes excellence in leader­ which is in the best interest of poor ship and management. In presenting [In millions of dollars] persons. Let's not abdictate that trust the award, Hoyt B. Hill, president of Budget Outlays Reve­ just because the Board has made some the association, described Reed as authority nues tough decisions.e "one of the most dynamic young lead­ 2 ers in America today." National wildlife refuge lund ... ( ) r) ·············· General revenue shanng ' ······· (1.142) (1,1 2) ...... THE STATUE OF LIBERTY'S Under Reed's direction, the Depart­ Total entitlements ...... 2.663 2,284 BIRTHDAY ment of Veterans Affairs in Oklahoma has reduced the cost per patient day Total current level as of October 1,067,417 980,306 792,995 e Mr. D'AMATO. Mr. President, it is 25. 1985. by just under 17 percent while increas­ 1986 budget resolution (S. Con. 1,069.700 967,600 795,700 with great pleasure that I rise today to ing services and maintaining a high Res. 32) . call attention to a measure which will Amount remaining: be signed by the President today. This quality care at Oklahoma's five veter­ ~~b~~~t~:~~~ -:::::::::: ...... 2:283 ...... ~~ : ~~~ ...... Dos measure, H.R. 407, designates the 12- ans' centers. The department convert­ month period beginning today as the ed an underutilized hospital unit to 1 lnterfund transactions do not add to budget totals. "Centennial Year of Liberty in the provide additional nursing care beds • Less than $500 thousand. for Oklahoma's war veterans and has Note: Numbers may not add due to rounding.e United States." The signing ceremony is especially significant, for today also consolidated consulting contracts. marks the 100th birthday of the Both actions resulted in an annual cost savings of just under $500,000.e LEGAL SERVICES CORPORA- Statue of Liberty. TION'S BOARD OF DIRECTORS The French gave the Statue of Lib­ erty to the United States in 1884, and e Mr. EAST. Mr. President, this past its erection on Liberty Island was com­ EXECUTIVE SESSION spring the Senate confirmed the Legal pleted the following year in 1885. Mr. SIMPSON. Mr. President, I ask Services Corporation's Board of Direc­ Since that time, the Statue of Liberty unanimous consent that the Senate tors, the first confirmed Board in 5 h as stood as a symbol of friendship now go into executive session to con­ years. This was the first step in shift­ and of the liberty citizens enjoy under sider certain nominations on the Exec­ ing the direct control of the Corpora­ a free form of goverment. A model of utive Calendar. tion away from Congress and over to this statue, on a bridge above the The PRESIDING OFFICER. With­ the Board where such control rightful­ Seine River in Paris, France, also out objection, it is so ordered. ly belongs. H.R. 2965 is the second stands as a symbol of every individ­ step. It does not diminish, as previous ual's right to liberty and freedom. appropriation bills have, the authority While many nations have striven to EXECUTIVE CALENDAR that is established in the original uphold these individual rights, it is the Legal Services Act of 1974. Passage of Mr. SIMPSON. Mr. President, after United States which has had a longer conferring with the Democratic leader, H.R. 2965 should bring to an end the period of constitutional, democratic micromanagement of the Corporation I ask unanimous consent that the government and uninterrupted free­ Senate proceed to consider the follow­ by Congress. dom and liberty for its people than To be specific, the language in this ing nominations on the Executive Cal­ any other nation in history. endar: Calendar No. 494, Julius W. bill does not include restrictions on In 1776, the United States gained in­ the Corporation's basic grantmaking Becton, Jr., of Virginia, to be Director dependence from Britain. For more of the Federal Emergency Manage­ power. In last year's appropriation bill, than 200 years, Americans have en­ Public Law 98-411, there was a re­ ment Agency; Calendar No. 495, James joyed their fundamental rights to the P. McNeill, of Maryland, to be an As­ quirement to maintain funding levels pursuit of happiness through personal to grantees at the same levels as the sociate Director of the Federal Emer­ liberty and freedom. These rights are gency Management Agency; Calendar fiscal year 1984 appropriation. Public the foundation of America. These are Law 98-411 also contained the require­ God-given rights, which, unfortunate­ No. 496, William R. Barton, of Virgin­ ment that the Corporation follow a ly, many peoples of this world may ia, to be Inspector General, General funding formula directing it to make never have. Services Administration; and Calendar available funds at specific amounts to As our beloved statue undergoes her No. 497, Francis S.M. Hodson, of Vir­ every grantee. The absence of this lan­ final stages of renovation, well into ginia, to be Chairman of the National guage clearly demonstrates the confi­ the "Centennial Year of Liberty," let Endowment for the Arts. dence that this body has in the newly us all use this year to recommit our­ Mr. President, I ask unanimous con­ confirmed Board of Directors. selves to enjoying what we have here sent that the calendar items just iden­ The importance of H.R. 2965 is that at home, and pray that some rlay all tified be considered en bloc and con­ it restores the self-management to nations of this world will be free.e firmed en bloc. Legal Services, while retaining some The PRESIDING OFFICER. With­ good provisions that were contained in out objection, it is so ordered. previous appropriations bills. The pro­ PAUL W. REED III RECEIVES The nominations confirmed en bloc visions that have been retained are re­ MELVIN T. DIXON AWARD are as follows: strictions on lobbying, class action law­ e Mr. BOREN. Mr. President, I rise to FEDERAL EMERGENCY MANAGEMENT AGENCY suits, representation of certain aliens, bring to the attention of my col­ procedures for refunding, and local Julius W. Becton, Jr., of Virginia, to be di­ leagues the fact that an outstanding rector of the Federal Emergency Manage­ control of the LSC grantees. young Oklahoman, Mr. Paul W. ment Agency, vice Louis 0. Giuffrida, re­ I am concerned, however, by the lan­ "Pete" Reed Ill, has been named the signed. guage in the report which accompa­ top Veterans' Affairs Director in the James P. McNeill, of Maryland, to be an nies this bill. This language restores Nation. Reed, director of the Oklaho­ associate director of the Federal Emergency funding reductions proposed by the ma Department of Veterans Affairs, Management Agency, vice Fred Joseph Vil­ Corporation in their annual budget was presented the Melvin T. Dixon lella. submission. It appears that there are Award by the National Association of GENERAL SERVICES ADMINISTRATION still Members of this body who wish to State Directors of Veterans Affairs William R. Barton, of Virginia, to be In­ act not only as Senators but also as di­ during their recent meeting in Mobile, spector General, General Services Adminis­ rectors of the Legal Services Corpora- AL. tration, vice Joseph A. Sickon, resigned. 29284 CONGRESSIONAL RECORD-SENATE October 28, 1985 NATIONAL FOUNDATION ON THE ARTS AND THE The PRESIDING OFFICER. With­ tration's plan, which was rejected by HUMANITIES out objection, it is so ordered. the committee, would have withdrawn Francis S.M. Hodsoll, of Virginia, to be RESUME CONSIDERATION OF S. 1714 supports entirely in 5 years. Clearly, Chairman of the National Endowment for Mr. SIMPSON. Mr. President, fol­ that was too fast, considering the the Arts for a term of four years. lowing routine morning business, the Senate will resume consideration of S. Both the Senate committee bill and Mr. SIMPSON. Mr. President, I 1714, the farm bill. Votes can be ex­ the House bill continue existing pro­ move to reconsider the vote by which pected throughout the day on Tues­ grams despite overwhelming evidence, the nominations were confirmed. day. and a late session is expected in my mind, that those programs have Mr. BYRD. Mr. President, I move to Tuesday night in order to address the not served agriculture well. To me, ex­ lay that motion on the table. business before us. isting programs are part of the prob­ The motion to lay on the table was RECESS FROM 12 NOON UNTIL 2 P.M. TOMORROW lem. In combination with deficit­ agreed to. Mr. SIMPSON. Mr. President, I ask driven interest rates and the high Mr. SIMPSON. Mr. President, I ask unanimous consent that at the hour of dollar, which is also deficit-driven, the unanimous consent that the President 12 noon on tomorrow, the Senate current programs have led to the be immediately notified that the stand in recess until the hour of 2 p.m. worst times in agriculture in over 50 Senate has given its consent to these for the weekly party caucuses. years. Many agree, and so do I, that nominations. The PRESIDING OFFICER. With­ balancing the budget is perhaps the The PRESIDING OFFICER. With­ out objection, it is so ordered. primary cure for many things includ­ out objection, it is so ordered. Mr. SIMPSON. Mr. President, when ing agriculture. the Senate does reconvene at 2 p.m., Before we embark on what we all JOINT REFERRAL OF NOMINA­ the pending business shall be the farm know will be a long farm bill debate, I TION OF ALEXANDER HANSEN bill. would like my colleagues to look at GOOD some of the factors that caused this Mr. SIMPSON. Mr. President, after ORDER OF BUSINESS agricultural recession-indeed, in many areas, depression. Certainly, the conferring with the minority leader, I Mr. SIMPSON. Mr. President, I ask unanimous consent that the nomi­ high cost of land, combined with easy yield to the Senator from Minnesota. credit and an inflationary psychology, nation of Alexander Hansen Good, to When he has concluded his remarks, be Director General of the United ignited the farm crisis we face today. in accordance with the previous order, The good agricultural years of the States and Foreign Commercial Serv­ he will conclude the Senate's activities ices, be jointly referred to the Com­ 1970's were translated into higher land for today. costs at a rate never before experi­ mittee on Commerce, Science, and The PRESIDING OFFICER. The Transportation and the Committee on enced in agriculture. Consider the av­ Chair thanks the assistant majority erage cost of an acre of land in Minne­ Banking, Housing, and Urban Affairs. leader. The PRESIDING OFFICER. With­ sota from 1910-84. That includes ev­ out objection it is so ordered. erything from some pretty swampy THE FARM BILL stuff to rich black earth in south and central Minnesota. In 1910, the aver­ LEGISLATIVE SESSION Mr. BOSCHWITZ. Mr. President, I should like to speak at some length age cost of land was not quite $100 an Mr. SIMPSON. Mr. President, I ask about the farm bill, a subject that the acre. It rose to just above $200 an acre unanimous consent that the Senate Senate is now turning its attention to between 1910 and 1973, just 63 years. return to legislative session. and certainly a subject that is going to Then, fueled by inflation, land values The PRESIDING OFFICER. With­ be very meaningful, not only to the exploded to more than $1,300 an acre. out objection, it is so ordered. Middle West but to the entire country. Over the past 75 years, lots of things All of us here in the Senate have have gone up in cost as much-but few ORDERS FOR TUESDAY been made most aware of the farmers' things with such rapidity. Any farmer problems-low prices, high interest who could sign his name could get a RECESS UNTIL TOMORROW AT 9 A.M. rates, an expensive dollar; perhaps loan-indeed, was encouraged to do so Mr. SIMPSON. Mr. President, I ask most of all, large debts. Those prob­ by the banker, the Government, and unanimous consent that once the lems are not only the farmers', howev­ virtually all his advisers. Meanwhile, Senate completes its business today, it er. They are shared by the entire rural back in the city, lenders were making stand in recess until the hour of 9 a.m. economy and the many businesses far larger but less creditworthy loans on Tuesday, October 29, 1985. that depend on agriculture-farm to foreign governments. It was consid­ The PRESIDING OFFICER. With­ equipment dealers and manufacturers, ered good business to be highly lever­ out objection, it is so ordered. rural elevators, truckers, barges, sup­ aged. Was not inflation higher than RECOGNITION OF SENATOR PROXMIRE pliers of seed and fertilizer, and Main interest rates, and on top of that, in­ Mr. SIMPSON. Mr. President, I ask Street as well. terest was deductible, and the Farm unanimous consent that following the Twenty percent of the jobs, even Credit System had access to some recognition of the two leaders under more-25 percent of the jobs-are in pretty cheap money? the standing order, there be a special the food and fiber industries. So our Over coffee in the local cafe, lots of order in favor of the Senator from solution to the farm problem has to go farmers with 500 acres found them­ Wisconsin [Mr. PROXMIRE] for not to beyond the farmer himself and include selves to be millionares-at least on exceed 15 minutes. the infrastructure as well-all the paper. Pretty heady stuff. Amazingly, The PRESIDING OFFICER. With­ people who service the farmer and most farmers did not bite. Or they out objection, it is so ordered. who are served by him; all of rural paid cash! Remember that even today, ROUTINE MORNING BUSINESS America has to be put back to work the larg~st gToup of farmers, perhaps Mr. SIMPSON. Mr. President, fol­ and profitably. half have no debt at all. lowing the Proxmire special order, I My solution involves a greater reli­ Back in the 1970's, cash flow-even ask unanimous consent that there be a ance on the free market than what profit-was considered unimportant by period for the transaction of routine has come out of the Senate or the many. You were making big bucks on morning business, not to extend House Agriculture Committees. I the escalating value of your land and beyond the hour of 9:30 a.m., with would return halfway to the free lots of institutions were anxious to Senators permitted to speak therein market over a 6-year period. Certainly, loan money secured by those rising for not more than 5 minutes each. that is gradlJally enough. The adminis- values. October 28, 1985 CONGRESSIONAL RECORD-SENATE 29285 And then, rather suddenly, the tune over half of the checks sent to farm­ During some years we exported 60 changed. It was cash flow that was re­ ers, though only 4 percent of the dol­ percent of our wheat, and those were quired again and by the very same in­ lars paid. The work of the USDA bu­ good years for agriculture. As a matter stitutions that loaned on rising land reaucracy would be enormously re­ of fact, if you draw a graph and look values the year before. Suddenly, with duced. at land values in Minnesota, you see expensive land and high interest rates, I believe strongly that the farmer that they rise with extreme rapidity the squeeze was really on. not only needs but deserves our help. starting in 1973. That is when the agri­ It is important in these discussions Our embargoes plus pricing policies all cultural exports took off, and you see to understand farm cash flow. Take an affected his business negatively. But that the lines of agricultural success acre of corn land bought at $2,000- be should move back to free markets, follow very much the lines of agricul­ which is high now but was low 5 years half way in 6 years and then make a tural exports. ago-yielding the national average of reappraisal. Since so much of what we produce 110 bushels of com per acre. Our The farmer has always done best goes to the world market, we are farmer joins the Federal program so is when his income comes from the free indeed a dominating force in that guaranteed $3.03 a bushel but is al­ market. That is what happened in the market, though much less so than we lowed to plant only 90 percent of his 1970s. One other thing. We have to have been in the past. We set the land. He has a real estate loan from adopt a program and we have to stick world prices, many farmers and others the Federal Land Bank. The fluctuat­ with it. Continuity and the ability to have told me, so why not set it high. ing rate-out our way-is presently 3 plan are terribly important to farmers Everybody will follow. Everybody will 12 /• percent. That 1 acre yields $333 in and their lenders and by fiddling with simply price his com or wheat 5 cents cash flow-that is how much comes farm programs every year-and some­ under ours. I would agree if only mar­ in-less $33 toward the land that has to be set aside. So the farmer takes in times we even do it more often-we are kets and production would remain $300 per acre. That is gross revenues. denying the central ingredient of suc­ static. What is his interest costs? cess to rural America. The Brazilians used to have well Well, if he financed all $2,000 with If prosperity is to return to agricul­ over two-thirds of the world's coffee the land bank, he is paying $255 just ture, I believe we have to regain in ad­ market, nearly 90 percent of the for the interest. If he financed only dition our share of world markets. world's coffee market. Surely this was three-fourths of his land, the cost In discussing world trade, I talk a situation they could take advantage drops to $191. about grains-wheat, coarse grains, of, or so they reasoned, and they If he owed on only 50 percent of the which include corn, sorghum, barley jacked up the prices. But production land, which might be closer to the av­ and oats, and rice. Oil seeds are also a and markets simply do not remain erage, still $127.50 of the $300 of gross part of the group that I will discuss. static. If they had, Brazil's debts today income goes to interest. Oil seeds, of course, are soybeans and sure would look a lot better. At higher So interest-without considering all sunflowers. While the U.S. exports prices lots of people, of course, began the costs of planting, seeds, fertilizer have been as high as 60 percent of the what you would expect them to do, and harvesting-is taking a huge wheat we grow, 30 percent of the corn they started to grow coffee. Today, chunk of the farmer's gross income. and 50 percent of the soybeans, only Brazil has one-third of the coffee This heavy investment in capital 13 percent of the world production of market, not 90 percent, and that one­ makes agriculture particularly vulner­ these grains, including ours, comes third at lower prices. able when interest rates shoot up as onto the world market; 87 percent of The Saudis and their friends in they did. the grains that are produced in the OPEC thought that they could control We should also keep in mind that world are consumed in the countries oil so they raised the price out of there are many types of farmers. The where they are grown. sight, catalyzed a deep world recession Department of Agriculture tells us Agricultural exports affect our and developed a huge amount of cash. there are about 2.4 million farms in Nation much more so than the ordi­ By controlling production, they would the United States. To be counted as a nary nation. At their height, agricul­ continue to raise prices and prosper, at farm it must have $1,000 in gross sales ture exports were nearly triple agricul­ least that is the way they reasoned. As per year. That is not very much. A ture imports. We had a positive bal­ we waited in gas lines, the predictions whopping 35 percent of people classi­ ance of trade in agriculture of $28 bil­ of experts of $100 per barrel oil fied as "farmers" produce less than lion in 1981, and even today with agri­ seemed a possibility, if only markets $5,000 worth of commodities a year. cultural suffering and exports lower had remained static, but they never Virtually half of all people counted as than they have been, our agriculture do, whether it is conservation, smaller farmers produce less than $10,000 a exports exceed imports by $14 billion. cars or new production stimulated by year. Those are what we call hobby The world's markets have certainly higher prices. Well, said the Saudis, farmers, who get most of their income begun to elude us. The high dollar, we have such a large share of world off the farm. Nearly three-quarters of plus the American crop loan rate­ production-and the Saudis really do­ all farmers produce less than $40,000 that sets our minimum price-have that if we curtail our production we annually in gross income. All of them, priced the United States out of the will be able to hold world prices up. certainly those below $20,000 get most world market. These prices have also Many in agriculture reason the same of their income off farms. Yet they brought about substantial new produc­ way. The Saudis used to produce 10% are all eligible for farm programs. tion worldwide, so despite starvation million barrels a day. They are now That is just plain silly. Farm programs in many parts of Africa, the world is down to slightly over 2. And that is should concern themselves with family awash in grain. oil-a finite resource produced by rela­ farms-those in the $30,000 to Consider our corn exports. In 1980- tively few countries-not grain, a re­ $500,000 category. There are about 81 we exported 2.3 billion bushels of newable resource produced by virtual­ 800,000 of these family farmers and we corn. In 1984-85 that has dropped to ly all 180 countries of the world. should concern ourselves with them. 1.9 billion bushels of corn. The Euro­ We simply cannot control world agri­ One benefit of this is that we could pean Community alone has gone from cultural markets. You cannot fool eco­ significantly reduce the work of the 711 million bushels of grain from us in nomic realities. We will break rural USDA. If we were to say that a farmer 1979 to a mere 60 million bushels in America if we try, not to speak of the must be entitled to $1,000 in payments this past year. Exports of wheat show U.S. Treasury. under farm programs to be considered the same kind of trend. Despite a Also, given a chance, larger and a full-time family farmer whom we growing world market for grains, our larger world competitors worldwide want to help, we'd eliminate slightly share is shrinking. will develop. Earlier this year, Pro 29286 CONGRESSIONAL RECORD-SENATE October 28, 1985 Farmer, a weekly newsletter, reported must be shipped on U.S.-flag vessels. preference requirements and could result in on a trip to South America by mem­ This means that the U.S. Government less food aid to needy nations than would bers of the House Agriculture Com­ must pay the price difference between otherwise be sent without this type of legis­ mittee. They found that Brazil had the more expensive U.S. vessel and its lation. 620 million acres of arable ground; 120 foreign flag competitor. Over the past Sincerely, million is currently cropped. Argentina year USDA data shows that for the JoHN R. BLocK, Secretary. has 400 million acres. About 50 million Public Law 480-or Food For Peace are plowed. We farm 420 million acres Program-this difference has averaged PROPOSED CARGO PREFERENCE COMPROMISE in the United States. If, through high about $40 per ton-over a dollar per Our basic assessment is that the compro­ loan rates or continuing deficits and bushel of wheat-meaning the U.S. mise, however well intended, would result in an expensive dollar, we keep giving rate has been double that of the going an immediate increase in U.S. Government them an incentive to plow up more market rate. This differential cost subsidy payments to the U.S. maritime in­ $150 million in fiscal year 1985. dustry. In addition, the proposed amend­ land, American farmers and their sons ment provides no assurance that the appli­ will face a bleak future. So, when this differential is applied cation of cargo preference to agriculture ex­ Clearly, all is not bright in Argenti­ to commercial export programs such ports would be satisfactorily resolved. na and Brazil, which are unstable as blended credit, the cost either wipes For FY 1985, USDA subsidized the U.S. economies and Governments. One out any price advantage the program Merchant Marine with ocean freight pay­ would think hard before investing may offer, or makes the program so ments of between $150 and $160 million there. expensive to that it is no longer cost­ in the PL 480 Nor is there much infrastructure in effective. This is the situation we now program . those countries. In our midwest heart­ find ourselves in. Under the compromise, an additional 1.6 land, every town has a grain elevator, The farm bill now includes language million tons of U.S. food aid would ultimate­ modern loading and unloading equip­ to exempt commercial export pro­ ly have to be shipped on U.S. vessels every ment, good roads, rails nearby, and we grams from the preference laws, but year . the port as it does ours. At the farm this problem by giving the merchant Thus, the compromise could increase total gate, those farmers get far less for marine an increase from the current subsidy costs (paid by USDA and MARAD their crop than our farmers do. Our 50 percent cargo preference require­ under the proposal> to well over $200 mil­ infrastructure not only creates mil­ ment to 75 percent on the following lion a year in the PL 480 program alone. lions of jobs. It gives us our biggest ad­ programs: Public Law 480; section 416 Since the funding of these large subsidies vantage. donations; the African Food Aid Pro­ would be divided between USDA and If our policies and our dollar contin­ gram; and USAID. MARAD under the proposal, there appears ue to give them incentives to produce And then exempting the Blended to be substantial risk of controversy over and develop their infrastructure-well, Credit Program, and export PIK from relative contributions. Moreover, there is a risk that MADRAD funding might at some watch out. Generations of our farmers the having cargo preference apply to point become unavailable. The proposal rec­ will suffer. them. ognizes this and provides that the entire While I agree that the Europeans Unfortunately, this is not a real compromise will dissolve in this event. have export subsidies that hurt us­ compromise. Instead it is inequitable, There is no assurance that the proposal most other subsidies are exaggerated costly, and extremely detrimental to will resolve the cargo preference questions. or smaller than our own-and Japan the Great Lakes ports. It could terminate at any time, with an im­ does not give us full market access, So, Mr. President, I simply wanted mediate risk that court actions by the mari­ Europe and Japan remain our two to put the Senate on notice that the time industry could again disrupt USDA largest markets. Those subsidies and so-called Cochran compromise is not commercial export programs. barriers have to be dealt, with, and ag­ noncontroversial, and will be opposed It makes no sense to increase cargo prefer­ gressive, market-oriented, long-term by this Senator for several reasons. ence for what would be primarily bulk grain farm legislation is probably the best And I hope that those Senators and tonnage in the PL 480 program, with the way, because you can not fool econom­ staffs listening on the box will take result that old U.S. vessels would be reacti­ ic realities for long. But those realities vated to earn high freight rates. This would note that I am not alone in my opposi­ only inflate U.S. budgetary costs. certainly include propping us a falter­ tion. The Administration opposes an expansion ing farm economy while the transition Mr. President, I ask unanimous con­ of our cargo preference laws and thus op­ to more market-oriented policies is sent to have printed in the RECORD a poses this cargo preference compromise be­ made. letter from Secretary Block in opposi­ cause it is a costly expansion of cargo pre­ I plan to offer many new ideas about tion to the Cochran amendment. femce and would create a substantial ad­ how we can maintain farm income, There being no objection, the letter ministrative burden for both USDA and regain those world markets that have was ordered to be printed in the DOT. brought prosperity in the past, and RECORD, as follows: put the entire rural economy to work. DEPARTMENT OF AGRICULTURE, That rural economy is on its knees OFFICE OF THE SECRETARY, RECESS UNTIL 9 A.M. now. We must give it the change for Washington, DC, October 28, 1985. TOMORROW prosperity. We can do it with a pro­ Hon. RUDY BOSCHWITZ, Mr. BOSCHWITZ. Mr. President, I gressive, market-oriented farm bill. U.S. Senate, Washington, DC. ask unanimous consent that the DEAR RunY: In accordance with your re­ Senate stand in recess in accordance CARGO PREFERENCE quest, I am enclosing a memorandum cover­ with the previous order. ing our interpretation of the Cargo Prefer­ There being no objection, the Mr. BOSCHWITZ. Mr. President, ence Compromise. The Department is op­ the current cargo preference law re­ posed to such a scheme because, in our judg­ Senate, at 4:55 p.m., recessed until to­ quires that 50 percent of the cargo ment, it will be expensive, contrary to the morrow, Tuesday, October 29, 1985, at generated by the Federal Government Administration's policy not to expand cargo 9a.m. October 28, 1985 CONGRESSIONAL RECORD-SENATE 29287 NOMINATIONS Myles R. Rene Frechette, of Washington. For reappointment in the Foreign Service Charles A. Gillespie, Jr., of California. as a career member of the Senior Foreign Executive nominations received by Richard C. Howland, of New York. Service, class of Counselor, and a Consular the Senate October 28, 1985: David George Newton, of Virginia. officer and a secretary in the Diplomatic DEPARTMENT OF STATE Leo J. Reddy, of South Carolina. Service of the United States of America: Laurence William Lane, Jr., of California, Robert C. Ribera, of Virginia. Hugh L. Dwelley, of Maine. to be Ambassador Extraordinary and Pleni­ William Frederick Rope, of New York. For appointment as a career member of potentiary of the United States of America Charles Evan Rushing, of Illinois. the Senior Foreign Service, Class of Coun­ to Australia and to serve concurrently and Mary A. Ryan, of Texas. selor, and a Consular officer and a secretary without additional compensation as Ambas­ M. James Wilkinson, of California. in the Diplomatic Service of the United sador Extraordinary and Plenipotentiary of Richard L. Wilson, of Iowa. States of America: the United States of America to the Repub­ The following-named career members of Robert Schmeding, of Maryland. lic of Nauru. the Foreign Service for promotion into the The following-named persons of the agen­ John Edwin Upston, of Virginia, to be Am­ Senior Foreign Service, and Consular officer cies indicated for appointment as Foreign bassador Extraordinary and Plenipotentiary and secretary in the Diplomatic Service ap­ Service officers of the classes stated, and of the United States of America to the Re­ pointments, as indicated: also for the other appointments indicated public of . Career members of the Senior Foreign herewith: Service of the United States of America, DEPARTMENT OF DEFENSE For reappointment in the Foreign Service class of Counselor: as a Foreign Service officer of class 1, a Con­ Sam A. Nixon, of Texas, to be a member John H. Adams, of California. of the Board of Regents of the Uniformed Eric J. Boswell, of California. sular officer and a secretary in the Diplo­ Services University of the Health Sciences Charles H. Brayshaw, of Colorado. matic Service of the United States of Amer­ for a term expiring June 20, 1991, vice Caro William T. Breer, of California. ica: Elise Luhrs, term expired. Albert Peter Burleigh, of California. U.S. INFORMATION AGENCY DEPARTMENT OF COMMERCE Jose J. Cao-Garcia, of Maryland. Frederick E.V. LaSor, of Ohio. Alexander Hansen Good, of the District of Marshall L. Casse III, of Georgia. For appointment as Foreign Service offi­ Columbia, to be Director General of the Jeffrey Davidow, of Minnesota. cers of class 1, Consular officers, and secre­ United States and Foreign Commercial JohnS. Davison, of Maine. taries in the Diplomatic Service of the Jon G. Edensword, of Washington. United States of America: Services, vice Kenneth S. George. Wesley William Egan, Jr., of North Caroli- NATIONAL MEDIATION BOARD na. AGENCY FOR INTERNATIONAL DEVELOPMENT Helen M. Witt, of Pennsylvania, to be a Adolph H. Eisner, of Florida. Richard Albores, of Maryland. member of the National Mediation Board Thomas Austin Forbord, of California. Peter Benedict, of Virginia. for the term expiring July 1, 1988, reap­ Harold W. Geisel, of Illinois. Douglas J. Clark, of Colorado. pointment. Edward W. Gnehm, Jr., of Georgia. Willie F. Cook, of Texas. U.S. INFORMATION AGENCY Dennis C. Goodman, of Ohio. Michael C. DeMetre, Of California. Charles Edward Homer, of the District of William Bruce Harbin, of California. Richard E. Derrick, of Texas. Columbia, to be an associate director of the H. Kenneth Hill, of California. Leticia Diaz, of Texas. U.S. Information Agency, vice Charles E. Genta Hawkins Holmes, of California. Ernest Stanley Hardy, of the District of Courtney. Robert Onan Homme, of Minnesota. Columbia. Mark Johnson, of Montana. DEPARTMENT OF STATE Stanley Dale Mitchell, of Florida. Ralph T. Jones, of Maryland. Robert W. Resseguie, of Texas. The following-named career member of Patricia A. Langford, of Mississippi. Roger J. Simmons, of Virginia. the Senior Foreign Service, class of career Edward Gibson Lanpher, of Virginia. Stephen J. Spielman, of New Hampshire. Minister, for the personal rank of career Alan P. Larson, of Iowa. Robert Merritt Traister, of Florida. Ambassador in recognition of especially dis­ Warren E. Littrel, Jr., of Illinois. Julio A. Villafane, of Florida. tinguished service over a sustained period: Robert A. MacCallum, of Oregon. Adolph Yarbrough Wilburn, of the Dis­ Richard W. Murphy, of Maryland. John F. Maisto, of Pennsylvania. trict of Columbia. FOREIGN SERVICE Philip R. Mayhew, of the District of Co- Eric N. Witt, of Hawaii. The following-named career members of lumbia. For reappointment in the Foreign Service the Senior Foreign Service of the Depart­ Joseph H. Melrose, Jr., of Pennsylvania. as a Foreign Service officer of class 2, a Con­ ment of State for promotion in the Senior Joseph P. O'Neill, of New York. sular officer and a secretary in the Diplo­ Foreign Service to the classes indicated: Donald K. Parsons, of California. matic Service of the United States of Amer­ Career members of the Senior Foreign Robert Stephen Pastorino, of California. ica: Service of the United States of America, Samuel R. Peale, of the District of Colum- class of career Minister: bia. DEPARTMENT OF STATE L. Paul Bremer III, of Connecticut. Lauralee M. Peters, of Virginia. Leo Cecchini, of California. Edwin G. Corr, of Oklahoma. H. Clarke Rodgers, Jr., of Georgia. For reappointment as Foreign Service of­ Maynard W. Glitman, of Vermont. William E. Ryerson, of Maryland. ficers of class 2 Consular officers, and secre­ John Dimitri Negroponte, of New York. David H. Shinn, of Washington. taries in the Diplomatic Service of the Nicholas Platt, of the District of Colum- Leonard G. Shurtleff, of . Unit~d States of America: Keith C. Smith, of Virginia. bia. DEPARTMENT OF STATE Anthony Cecil Eden Quainton, of Wash­ Elizabeth A. Swift, of the District of Co- lumbia. Guido, A. Del Prado, of California. ington. Constance J. Freeman, of New York. Frank George Wisner II, of the District of James Tarrant, of California. Columbia. David S. Wilson, of California. AGENCY FOR INTERNATIONAL DEVELOPMENT Career members of the Senior Foreign John Melvin Yates, of Washington. D. Annette Adams, of Ohio. Service of the United States of America, Career members of the Senior Foreign David Lee Alverson, of Florida. class of Minister-Counselor: Service, class of Counselor, and Consular of­ Mark E. Anderson, of New Jersey. Laurence Desaix Anderson, Jr., of Missis- ficers and secretaries in the Diplomatic Gordon Bertolin, of Washington. sippi. Service of the United States of America: George Phillip Cavanagh, of New York Richard Clark Barkley, of Michigan. Joseph F. Acquavella, of Virginia. Lisa Chiles, of the District of Columbia. Nicholas S. Baskey, Jr., of Ohio. Laurence G. Brown, M.D., of Oregon. Joel Quentin Cotten, of Virginia. Felix S. Bloch, of North Carolina. Marvin T. Doig, of Virginia. Arthur H. Danart, of the District of Co- Richard Wayne Bogosian, of Maryland. Thomas M. Farley, of Florida. lumbia. Warren Clark, Jr., of New York. Ralph F. Laurello, Jr., of Florida. Leopoldo Garza, of Texas. Richard E. Combs, Jr., of California. Jerome F. Tolson, Jr., of Pennsylvania. Richard J. Greene, of New York. Frances D. Cook, of Florida. FOREIGN SERVICE Julian C. Heriot, Jr., of Florida. Timothy E. Deal, of California. The following-named persons of the Blaine W. Jensen, of Idaho. Carl Edward Dillery, of Washington. Agency for International Development for Howard B. Keller, of Virginia. Emil P. Ericksen, of South Dakota. appointment as career members of the Barbara L. Kennedy, of California. Vincent J. Farley, of New York. Senior Foreign Service of the classes states, Jon Powers Kindice, of Tennessee. Alan H. Flanigan, of Tennessee. and also for the other appointments indicat­ David Southworth Kitson, of Virginia. Robert A. Flaten, of Virginia. ed herewith: Robert J. Kramer, of Florida. 29288 CONGRESSIONAL RECORD-SENATE October 28, 1985 John VanDusen Lewis, of District of Co- Ann Vaughn Covington, of Nevada. Robert Weisberg, of New Hampshire. lumbia. Cheryl Jane Cox, of Wisconsin. Peter Whaley, of Massachusetts. Robert Edward Mitchell, of Florida. Gene Allan Cretz, of New York. Amy Upton Nolan, of Maine. Barbara Cecelia Cummings, of Virginia. U.S. INFORMATION AGENCY Louis Anthony O'Connor, of Iowa. Terrence J. Daru, of Florida. James H. Williams, of Puerto Rico. Allen Paul Rossi, of Florida. Christopher William Dell, of New Jersey. The following-named members of the For­ Marian J. Salay, of Virginia. Stephen J. Del Rosso, Jr., of New Hamp- eign Service of the Departments of State Alexander W. Shapleigh, of the District of shire. and Commerce, and the U.S. Information Columbia. Marc Langley Desjardins, of New York. Agency, to be Consular officers and/or sec­ Jonathan Arthur Sleeper, of New Hamp- Keith A. Eddins, of Mississippi. retaries in the Diplomatic Service of the shire. Stephen Anthony Edson, of Kansas. United States of America, as indicated: Danny Frank Veno, of Virginia. Deborah Leslie Elliott, of Florida. Consular officers and secretaries in the Hyatt Abdul Wahab, of Washington. Thomas F. Farr, of Virginia. Diplomatic Service of the United States of For appointment as Foreign Service offi­ Paul Michael Fitzgerald, of Massachu- America: cers of class 3, Consular officers, and secre­ setts. Paul Vincent Aceto, of New York. taries in the Diplomatic Service of the John M. Gieseke, of California. Perry Mason Adair, of California. United States of America: Grace Carolyn Gilinger, of Pennsylvania. Karl Philip Albrecht, of Colorado. DEPARTMENT OF STATE Jeffrey L. Goldstein, of California. Jess L. Baily, of Ohio. Joyce Ellen Leader, of Maryland. Wilson Fletcher Grabill III, of Ohio. Michael Lee Bajek, of Texas. Elaine S. Papazian, of the District of Co- Deborah E. Graze, of Virginia. John L. Balliff, IV, of Utah. lumbia. Bradford E. Hanson, of California. George F. Beasley, of Maryland. Adolfo Afredo Ramirez III, of California. Brent R. Hartley, of Oregon. Jeffrey Adam Beller, of Illinois. Laurel M. Shea, of Wyoming. Llewellyn H. Hedgbeth, of California. Bonnie S. Bennett, of California. Henry Frazier Webb, Jr., of Wisconsin. John Ashwood Heffern, of Missouri. Shelia Beth Bindman, of Virginia. Robert H. Blair, of Hawaii. AGENCY FOR INTERNATIONAL DEVELOPMENT Leonard Allen Hill, of Washington. Stanley R. Hunter, of Washington. James E. Borup, of Washington. Jeffrey H. Allen, of Arkansas. Kenneth H. Jarrett, of New York. Thomas Mann Bovaird, of New Hamp- Douglas A. Chiriboga, of Virginia. Peter Jensen, of New Hampshire. shire. Gary R. Cohen, of Connecticut. Deborah K. Jones, of California. Upton Beall Bowden III, of Tennessee. James Edward Corley, of Massachusetts. Thomas E. Joseph, of New York. Douglas Martin Boyle, of Florida. George Deikun, of California. James Chris Kaddaras, Jr., of Massachu- Gene Winston Brownfield, of California. Michael C. Foster, of Wyoming. setts. Michael Gawen Brownrigg, of California. David Steven Gardella, of California. Alexander Karagiannis, of Missouri. George Buchanan, of New Jersey. Rudolfo Ricardo Griego, of New Mexico. Stephen R. Kelly, of New Hampshire. John David Burnim, of Virginia. Michael Gordon Huffman, of Virginia. Brian Russell Kelsey, of Maryland. Catherine Camp, of New York. John Stephen Johns, of Virginia. Edward William Kloth, Jr., of Virginia. Elroy J. Carlson, of Washington. David Leong, of California. George Albert Krol, of New Jersey. Gerald D. Carr, of Kansas. Michael H. Lofstrom, of Illinois. Rose Marie Likins, of Virginia. Thomas P. Carroll, of California. Timothy M. Mahoney, of Wisconsin. Susan Pierce Lively, of Kentucky. Lois Ann Cecsarini, of Massachusetts. Dorothy M. McClellan, of Florida. Frank Stephen Malott, of Alaska. Daniel French Christiansen, of Wyoming. John Patrick McEnaney, of New Hamp- Dundas C. McCullough, of California.· Patricia Clayton, of California. shire. Lawrence Mire, of California. Maura Connelly, of New Jersey. Kevin J. Mullally, of Texas. Daniel K. Moore, of Virginia. J. Thomas Converse, of Kentucky. Walter Elliott North, Jr., of Washington. Hector Emilio Morales Col6n, of Puerto Ellen Mary Conway, of New York. James B. Pagano, of Virginia. Rico. Edward Cook, of Virginia. Viviann G. Pettersson, of Washington. David W. Mulenex, of Washington. Robert M. Dannenberg, of Missouri. Christopher Eaton Phelps, of Montana. Patricia A. Murphy, of Virginia. Caryn Danz, of the District of Columbia. Donald R. Soules, Jr., of Oklahoma. Marc Emanuel Northern, of Kansas. Kenneth A. Davis, of West Virginia. Linda D. Tarpeh-Doe, of Colorado. Atim Eneida George Ogunba, of Califor- John Walter Davison, of Pennsylvania. Paul Christian Tuebner, of Florida. nia. David Anthony Denny, of Texas. Louise Berry Wise, of Maryland. Gordon R. Olson, of California. Liane Renee Dorsey, of New York. Francisco Javier Zamora, of Arizona. Richard Gustave Olson, Jr., of Minnesota. Michael E. Dougherty, of the District of For appointment as Foreign Service offi­ Michael Philip Oreste, of Georgia. Columbia. cers of class 4, Consular officers, and secre­ Deborah P. Park, of the District of Colum- John Driscol, of Indiana. taries in the Diplomatic Service of the bia. Dennis A. Droney, of Florida. United States of America: Ernest J. Parkin, Jr., of Maine. James Lawrence Dudley, of Georgia. DEPARTMENT OF STATE Patricia Blanche Payne, of Illinois. Maria Elizabeth Elmore, of Florida. Clarissa Jean Aldridge II, of California. Charles Evans Peacock, of California. Terence Elton, of the District of Colum- Kathleen Hatch Allegrone, of Virginia. Sheila Jane Peters, of Pennsylvania. bia. Rosalyn H. Anderson, of Texas. Bruce Donald Peterson, of Virginia. Mark A. Fowler, of Florida. Dianne Mcintyre Andruch, of Arizona. Mary Lynn Porto, of Texas. John Gilmore Fox, of California. Abelardo A. Arias, of the District of Co- Maureen Quinn, of New Jersey. Stuart E. Friedman, of California. lumbia. David J. Rabadan, of New Jersey. Candy Green, of California. David Avery, of New Hampshire. Thomas Bolling Robertson, of Virginia. Marshall Freeman Harris, of Virginia. Christopher J. Beede, of New York. Richard Patrick Rodgers, of Virginia. Todd Philip Haskell, of New York. Gale Ellen Berghoefer, of Virginia. Dorothea-Maria Rosen, of California. Charles Martin Heffernan, of Washing­ Elizabeth Rhea Beyene, of New York. David Henry Rundell, of Texas. ton. Marcia S. Bloom, of New Jersey. Marlene J. Sakaue, of California. Christopher Paul Henzel, of New York. Peter William Bodde, of Maryland. Edward J. Salazar, of California. Catherine M. Hill, of the Distrtict of Co­ Hazel Robinson Boone, of Pennsylvania. Barbara M. Sand, of California. lumbia. Paul Lawrence Boyd, of New Mexico. William P. Schofield, of Georgia. Daniel Menlo Hirsch, of the District of R. Wayne Boyls, of Texas. Margaret Scobey, of Tennessee. Columbia. Ruth E. Bright, of Florida. Robert Hayes Seibold, of Pennsylvania. Richard Eugene Hoagland, of Indiana. William E. Brooks, of Virginia. David Bruce Shear, of New York. Greta Christine Holtz, of Michigan. Kevin Brown, of New York. Mary Ann Singlaub, of Colorado. Elizabeth A. Hopkins, of the District of R. Nicholas Burns, of New Hampshire. Michele J. Sison, of Maryland. Columbia. Wayne Jeffrey Bush, of Oregon. Jay Thomas Smith, of Indiana. Lydia M. Hubac, of Virginia. Steven Allen Candy, of Michigan. Renny Travers Smith, of New Jersey. Lauren McClanahan Hueber, of Georgia. Joel Franklin Cassman, of California. Madelyn Elizabeth Spirnak, of the Dis- Franklin E. Huffman, of New York. Francis Sargent Cheever, Jr., of Illinois. trict of Columbia. Gregory Paul Hulka, of California. Paul G. Churchill, of Illinois. John C. Stepanchuk, of California. Michael J. Hurley, of Virginia. Frank Collins III, of Virginia. Jean Rene Surena, of New York. John J. Hussa, of the District of Colum­ Thomas More Countryman, of Washing­ Theodore Tanoue, of California. bia. ton. Lawrence A. Urli, of Michigan. Amy J. Hyatt, of California. October 28, 1985 CONGRESSIONAL RECORD-SENATE 29289

Carole Ann Jackson, of Florida. Sally Virginia Slocum, of Nevada. Murrie, David E., xxx-xx-xxxx Jeanine Jackson, of Wyoming. Alfred E. Smith, of Florida. Porter, Charles E., xxx-xx-xxxx Justin J. Jackson, of New York. John W. Smith, of Illinois. Pounds, Dwight R., xxx-xx-xxxx Merrilee Bolinger Jacobson, of Ohio. Celia M. Solh, of California. Rist, David J., xxx-xx-xxxx Mary V. Jeffers, of the District of Colum- Michael Speck, of New York. Sharp, Richard E., xxx-xx-xxxx bia. Phyllis Danhof Speck, of Texas. Simmons, Elmer L., Jr., xxx-xx-xxxx F. Faye Johnson, of the District of Colum- Dennis E. Stallings, of Virginia. Smith, Michael B., xxx-xx-xxxx bia. Barbara Stephenson, of Florida. Snead, William H., xxx-xx-xxxx Lauren Spivak Johnson, of New York. Robert K. Stevens, of California. Strang, Billy J., xxx-xx-xxxx Matthew Eric Johnson, of Maryland. Monty Jay Tilles, of Florida. Thomas, Thomas S., xxx-xx-xxxx Lena Joseph, of F'lorida. Roger G. Titus, of Virginia. Wells, Sidney I., xxx-xx-xxxx Robert A. Kandra, of Connecticut. Heather Anne Troutman, of Ohio. Williams, Raymond W., xxx-xx-xxxx Randall E. Kappesser, of Maryland. Matthew Heywood Tueller, of Utah. MEDICAL CORPS Kathleen Ann Kavalec, of California. Mary F. Van Natta, of Califronia. John H. Kavanaugh, of New York. Michael J. Varga, of Pennsylvania. Curry, Leon E., xxx-xx-xxxx Thomas Patrick Kelly III, of California. Stephen W. Walker, of Massachusetts. Dickinson, Grady L., xxx-xx-xxxx Holly Anne Kenworthy, of Connecticut. Patrick William Walsh, of Virginia. Fortson, Luther G., xxx-xx-xxxx Stewart R. King, of Oregon. Philena B. Werden, of Illinois. Grande, Donald J., xxx-xx-xxxx Susan Gae Kirstein, of North Carolina. Michele Renée Williams, of F'lorida. Harpster, Gene O., xxx-xx-xxxx Michael S. Klecheski, of New York. Paul Edward Wilson, of Maryland. Hughes, Eugene F., xxx-xx-xxxx Virginia Idelle Kurapka, of Maryland. Bradly R. Wride, of California. Loos, Gerald D., xxx-xx-xxxx Todd Andrew Kushner, of California. Phillip E. Wright, Jr., of North Carolina. Majercik, Donald A., xxx-xx-xxxx Christopher Jon Lamb, of Virginia. John Anthony Wysham, of Oregon. Reider, Daner R., xxx-xx-xxxx Lynne A. Larkin, of Wisconsin. Michael James Zak, of Illinois. Reiland, Bernard F., xxx-xx-xxxx Lynn A. Levenson, of California. Philip D. Zelikow, of Texas. Stewart, Calvin R., xxx-xx-xxxx Imre Lipping, of New York. Karen Zens, of Michigan. Whiteford, Edwin W., xxx-xx-xxxx Meridy S. Lippoldt, of Florida. Kevin A. Zerrusen, of Illinois. JUDGE ADVOCATE Jerry N. Zimmerman, of Rhode Carol Lynn Maceurdy, of the District of Island. Johnson, Allan B., xxx-xx-xxxx Columbia. Consular officers of the United States of Woods, Te rrence P. , xxx-xx-xxxx Robert A. Mackay, of Virginia. America: Karen Lee Malzahn, of Maryland. Raymond Eveland, of Louisiana. NURSE CORPS Andrew Cooper Mann, of Washington. Donald Lachman, of Maryland. Ausen, Ardyce M., xxx-xx-xxxx Joseph Manso, of New York. Secretaries in the Diplomatic Service of IN THE AIR FoRCE John Mathers Mceaslin III, of Virginia. the United States of America: The following-named officers for perma- Daniel J. McLaughlin, of Maryland. William H. Brown, of the District of Co- nent promotion in the U.S. Air Force, under Gerald McLoughlin, of Connecticut. lumbia. the provisions of section 628, title 10, United James Desmond Melville, Jr., of New Bernard Engel, of Maryland. States Code, as amended, with dates of rank York. Peter S. F'lynn, of Massachusetts. to be determined by the Secretary of the Dennis Wayne Merz, of Washington. Jane T. Glidden, of the District of Colum- Air Force: Patrick Meyering, of Illinois. bia. John G. Moran, of North Carolina. Paul Huygelen, of Colorado. LINE OF THE AIR FORCE Thomas Frederick Morrow, of Virginia. Carlton R. Stoiber, of the District of Co- To be nuuor Kenneth Moskow, of Massachusetts. lumbia. Bethards, Daniel E., xxx-xx-xxxx Ken Moskowitz, of the District of Colum- M. Patricia Wazer, of Connecticut. Bloomer, Daniel L., xxx-xx-xxxx bia. John C. Zimmerman, of Virginia. Filzen, Te d W., xxx-xx-xxxx Julie Ann Nauman, of the District of Co- IN THE AIR FoRCE Harper, Michael C., xxx-xx-xxxx lumbia. The following-named officers for promo- Kiser, Thomas W-, xxx-xx-xxxx George Noroian of II, California. tion to the grade indicated in the Reserve of Ligocki, Matthew K., xxx-xx-xxxx Hugh Scott Novins, of New Jersey. the Air Force, under the provisions of sec- Paulsen, Stephen J., xxx-xx-xxxx Mary Monica O'Keefe, of Virginia. tion 307, title 32, United States Smith, Randall N., xxx-xx-xxxx John A. Olson, of Virginia Code, and . sections 8363 and 593, title 10, United States Snapp, Frank H., xxx-xx-xxxx Richard J. Patard, of New Jersey. Code: Whitt, Earl E., Jr., xxx-xx-xxxx Robert Patterson, of New York. IN THE ARMY Kathryn Lynn Payne, of Missouri. LINE OF THE AIR FORCE Randal Lee Phillips, of Virginia. To be colonel The following-named Army National Guard of the United States officers for pro- Anthony DeSales Pinson, of Florida. Aldridge, Alfred G., Jr, xxx-xx-xxxx motion in the reserve of the Army of the Janet R. Potash, of Massachusetts. Asbury, William D., xxx-xx-xxxx David Queen, of Illinois. Athas, William J., xxx-xx-xxxx United States, under the provisions of title 10 United States Code, section 3385: Thomas Charles Raezer, of California. Belfiore, Rocco A., xxx-xx-xxxx Juan F. Ramirez, of Virginia. Bowers, Michael J., xxx-xx-xxxx ARMY PROMOTION LIST Robert A. Rastetter, of New Mexico. Butler, John R., xxx-xx-xx... To be colonel George Douglas Reasonover, Jr., of Texas. Carter, Patrick L., xxx-xx-xxxx Bean, Wyont B., Jr., xxx-xx-xxxx Charles M. Reese, of California. Curran, John C., Jr., xxx-xx-xxxx Byrne, Robert J., xxx-xx-xxxx Rebecca Sue Replogle, of Indiana. Descha ne, Rollin J., xxx-xx-xxxx Daane, Robert D., xxx-xx-xxxx Nancy L. Rider, of Missouri. Drahn, Peter L., xxx-xx-xxxx Eskijian, Gregory, xxx-xx-xxxx Michael J. Rishling, of Virginia. Durso, Francis X., xxx-xx-xxxx Janssen, Wayne G., xxx-xx-xxxx David Malcolm Robinson, Jr., of New Easley, Donald W., xxx-xx-xxxx Kearney, Frederick A., xxx-xx-xxxx Hampshire. Frye, Buddy D., xxx-xx-xxxx Kersey, Donald H., xxx-xx-xxxx David Alexander Rollman, of Colorado. Fuelling, Lynwood N., xxx-xx-xxxx McDonald, John H., xxx-xx-xxxx Matthew Morrow Rooney, of Texas. Gillman, Wallace M., xxx-xx-xxxx Ocasio-Belen, Felix E., xxx-xx-xxxx Ilma Rosskopf, of Maryland. Greene, John V., xxx-xx-xxxx Otero, Julio C., xxx-xx-xxxx Eric Seth Rubin, of New York. Hall, Gene W., xxx-xx-xxxx Permenter, Larry M., xxx-xx-xxxx Sue Saarnio, of Montana. Haslam, David J., Jr., xxx-xx-xxxx Porter, Gerald W., xxx-xx-xxxx Daniel T. Saint-Rosa Jr., of the District Hearon, Adolph P., xxx-xx-xxxx Pouliot, Joseph N., xxx-xx-xxxx of Columbia. Howell, Roger B., xxx-xx-xxxx Schmidt, Richard K., xxx-xx-xxxx Eric Clark Sandberg, of Ohio. Jett, Richard H. xxx-xx-xxxx Sloan, Glenn N. xxx-xx-xxxx Eugene Charles Santoro, of Florida. Johnson, Jan P., xxx-xx-xxxx Tellier, Gary J., xxx-xx-xxxx Robert C. Schmidt, of Hawaii. Jones, Richard A., xxx-xx-xxxx Uttley, Harold A., Jr., xxx-xx-xxxx Jack Schnur, of Ohio. Kenney, Richard S., xxx-xx-xxxx Vowell, Leonard G., xxx-xx-xxxx Michael J. Scown, of California. Knight, Kenneth D., xxx-xx-xxxx Whitehead, James E., xxx-xx-xxxx Edmond Eggleston Seay III, of California. Leach, Charles A., xxx-xx-xxxx Worthington. Henry W., xxx-xx-xxxx John Woodley Shearburn, of Tennessee. Markley, Richard A., xxx-xx-xxxx David Lawrence Shuler, of Idaho. McAuliffe, Donald E., xxx-xx-xxxx To be Zieutenant colonet Anne Winifred Simon, of Colorado. Mounts, Timothy L., xxx-xx-xxxx Averitt, Richard W., xxx-xx-xxxx

51-0590-<7-26 ipt 211 29290 CONGRESSIONAL RECORD-SENATE October 28, 1985

Biscomb, David A., xxx-xx-xxxx CHAPLAIN To be lieutenant colonel Boddy, George W., xxx-xx-xxxx To be lieutenant colonel Aliseda, Jose L., xxx-xx-xxxx Carter. xxx-xx-xxxx Christiane K., Ansari, Azizulla xxx-xx-xxxx Welton, Arthur T., xxx-xx-xxxx h N., Chapulis, Ronald A., xxx-xx-xxxx Baily, Stephen M., xxx-xx-xxxx Cox, Lawrence R., xxx-xx-xxxx ARMY NURSE CORPS Dagi, Teodoro F., xxx-xx-xxxx Dalton, Robert A., xxx-xx-xxxx To be lieutenant colonel Deleon, Francisco S., xxx-xx-xxxx Delaney, John F. , xxx-xx-xxxx Figlock, Thaddeu Parrish, Helen D., xxx-xx-xxxx s, A., xxx-xx-xxxx Deliz-Barreda, Hector A., xxx-xx-xxxx Gruber, Louis N., xxx-xx-xxxx MEDICAL CORPS Flatley, Joseph T., xxx-xx-xxxx Johnson, Robert L., xxx-xx-xx... Flynn, Cornelius J., III, xxx-xx-xxxx To be Zieutenant colonel Kurlan, Marvin Z., xxx-xx-xxxx Larson, Fraiser, John A., xxx-xx-xxxx Christopher, Charles A., xxx-xx-xxxx Dean W., xxx-xx-xxxx Meyer, William J., Gage, Fred W., IL xxx-xx-xxxx Pike, Benjamin F., xxx-xx-xxxx xxx-xx-xxxx Gordon, Stanley J., xxx-xx-xxxx Moore, Conner M., xxx-xx-xxxx MEDICAL SERVICE CORPS Hale, Garry P., xxx-xx-xxxx Morgan, Jerome G., xxx-xx-xxxx Hammer, Armand M., xxx-xx-xxxx To be lieutenant colonel Roeder, Max B., xxx-xx-xxxx Rubino, Frank A., Hawkin s, David S., xxx-xx-xxxx Beckenhauer, Jon R., xxx-xx-xxxx xxx-xx-xxxx Spiegler, Enrique, Hawkins, Donald F., xxx-xx-xxxx Howard, Dale W., xxx-xx-xxxx xxx-xx-xxxx Zeichner, Ben, xxx-xx-xxxx Hoenke , JerryP., xxx-xx-xxxx Meaney, Thomas P., xxx-xx-xxxx Howard, Lloyd L., Jr., xxx-xx-xxxx The following-named Army National - Jacobs, William L., III, xxx-xx-xxxx Guard of the United States officers for ap- CONFIRMATIONS Johnson, Roger I., xxx-xx-xxxx pointment in the Reserve of the Army of Jones, Robert L., xxx-xx-xxxx the United States, under the provisions of Executive nominations confirmed by Kozacek, Donald E., xxx-xx-xxxx title 10, United States Code, sections 593 the Senate October 28, 1985: Looney, Victor N., Jr., xxx-xx-xxxx and 3353: FEDERAL EMERGENCY MANAGEMENT AGENCY Maxwell, Larry H., xxx-xx-xxxx MEDICAL CORPS Julius W. Becton, Jr., of Virginia, to be Di- Mciendon, Michael D., xxx-xx-xx... To be colonel rector of the Federal Emergency Manage- Messer, John D., Jr., xxx-xx-xxxx ment Agency. Moak, Wilson E., xxx-xx-xxxx Millner, Jon M., xxx-xx-xxxx FEDERAL EMERGENCY MANAGEMENT AGENCY Nix, Virgil W., xxx-xx-xxxx To be lieutenant colonel James P. McNeill, of Maryland, to be an Norris, Warren E., xxx-xx-xxxx Ferrari, Victor J., Jr., xxx-xx-xxxx Associate Director of the Federal Emergen- O'Mell, Ronald M., xxx-xx-xxxx Fischer, Thomas J., xxx-xx-xxxx cy Management Agency. Ortiz, Ezequiel L., xxx-xx-xxxx Hayes, Matthew Jr., xxx-xx-xxxx GENERAL SERVICES ADMINISTRATION Perkins, James I., xxx-xx-xxxx O'Neal, David M., xxx-xx-xxxx Ruiz. Ricardo, xxx-xx-xxxx The following-named officers for appoint- William R. Barton, of Virginia, to be In- Sermon, spector Fredrick H., xxx-xx-xxxx ment in the Reserve of the Army of the General, General Services Adminis- Sexton, Hugh D., Jr., xxx-xx-xxxx United States, under the provisions of title tration. Shriner, John L„ xxx-xx-xxxx 10, United States Code, sections 3353: NATIONAL FOUNDATION ON THE ARTS AND THE Simmons, Raymond H., Jr., xxx-xx-xxxx HUMANITIES MEDICAL CORPS Sisco, Bertus L., xxx-xx-xxxx Francis S.M. Hodsoll, of Virginia, to be Spafford, Dealvia J., xxx-xx-xxxx To be colonel chairman of the National Endowment for Thomas, Thomas P., Jr., xxx-xx-xxxx Costea, Nicolas V., xxx-xx-xxxx the Arts for a term of 4 years. Thomasson, Bobby D., xxx-xx-xxxx Deiss, Elmer A., Jr., xxx-xx-xxxx The above nominations were approved Vassar, Clarence, xxx-xx-xxxx Gerkin, David G., xxx-xx-xxxx subject to the nominees' commitment to re- Vollintine, James R., xxx-xx-xxxx McDonald, Larry W., xxx-xx-xxxx spond to requests to appear and testify Watkins, Otis W., xxx-xx-xxxx Morelli, Robert J., xxx-xx-xxxx before any duly constituted committee of Williams, Jesse R., xxx-xx-xxxx Winslow, Robert, xxx-xx-xxxx the Senate.