13460 CONGRESSIONAL RECORD-SENATE June 8, 1990 SENATE-Friday, June 8, 1990

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. June 8, 1990 CONGRESSIONAL RECORD-SENATE 13461 of carbon dioxide put into the atmos­ a billion metric tons of carbon dioxide than does the United States in this phere by the United States of Amer­ equivalents emitted each year. That is study, and that is the country of Laos, ica. the measure of greenhouse gas emis­ Mr. President, called officially the Lao The major cause of deforestation, sions most commonly used. Second is People's Democratic Republic. That is according to World Resources Insti­ the European Community; third is the because of forest burning. tute, is the permanent conversion of U.S.S.R.; fourth is Brazil; fifth is Also, the No. 2 and 3 ranking go to forest land to agriculture land, al­ China; sixth and seventh, closely Qatar and the United Arab Emirates, though logging practices, especially in grouped together, are India and which comes about because of the flar­ Southeast Asia, and the demand for Japan. And then, although there are ing of natural gas and the huge energy fuel wood, especially in Africa, are also smaller figures overall from these consumption per capita in those coun­ serious factors. The problem has been other nations, taken as a group, they tries with a surfeit of natural gas and exacerbated almost everywhere, it ap­ now represent a very large source of pears, by government policies as well greenhouse gas emissions. oil. as by population pressure, poverty, Mr. President, the role played by de­ Qatar has per capita greenhouse gas and a maldistribution of land and veloping countries is now much larger emissions of 9. 7 tons each year per wealth and debt burdens which have than had been supposed prior to the person, and the United Arab Emirates, forced many of these countries to ac­ completion of this study, according to 6.4 tons per person per year. celerate the conversion of forest land the new index. This measures not only If you have ever seen this photo­ to agriculture land in order to grow carbon dioxide, but also methane and graph taken by satellite, Mr. Presi­ cash crops as a means of servicing chlorofluorocarbons. Each of the gases dent, of the world at night, it shows their debt and earning hard curren­ is weighted by its heat-trapping poten­ the major cities, the outlines of the cies. tial, and that explains the use of this continents illuminated by the lights of The pressures on tropical forests are term "carbon dioxide equivalents." cities. In the Middle East, in the oil­ expected to increase even more with According to this index, as I said, producing countries, there are these the rapid population explosion in the the United States is in first place. The bright flares of light that dominate developing world. total amount added to the atmosphere that part of the Earth's picture be­ At the present time, Mr. President, in 1987 was 6.5 billion tons of carbon cause of gas flaring. This practice deforestation is second only to the in the form of C02, methane, and really should be addressed as part of a burning of fossil fuels as a source of chlorofluorocarbons-again, C02 comprehensive effort to deal with this atmospheric carbon dioxide, and it equivalents. That compares to a figure problem. contributed not 20 percent of C02 of 2.4 billion tons just 30 years earlier, Mr. President, before I conclude, let emissions to the atmosphere-that is in 1957. me address very briefly just one other the figure which we have been using Consider that increase, Mr. Presi­ important feature of this report which based on the old estimates-but now, dent. Thirty years ago, it was 2.4 bil­ has not yet received the kind of atten­ based on the study of the year 1987, at lion tons of carbon dioxide equiva­ tion I think it deserves. It has to do least, the burning of forest land ac­ lents, and in 1987, the year featured in with water resources. counted for one-third of all the carbon this study among others, it was 6.5 bil­ We have an abundance of water in dioxide - put into the atmosphere lion tons. In 30 years, from 2.4 to 6.5 the world, but it is maldistributed and worldwide. And nearly all carbon re­ billion tons each year. it is not properly used and conserved. leases from deforestation occur in the Concentrations of methane have One famous example is the Aral Sea. tropics, where virtually all burning of more than doubled since preindustrial It used to be the fourth largest inland forest land occurs. times, and are growing at a rate of 1 body of water in the world. It is in Let me move to a second chart, percent annually. Soviet Central Asia. Now 60 percent of which shows the emissions of green­ Chlorofluorocarbon concentrations the water is gone because of misman­ house gases by country. According to are, of course, growing the most rapid­ agement of the water resources. this new study, the United States and ly, about 5 percent each year. Saudi Arabia's remarkable success in the Soviet Union rank No. 1 and No.2 Until now, it had been widely be­ increasing its agricultural production in the world, in their contributions of lieved that developing countries would threatens to completely drain the greenhouse gases added to the atmos­ soon and eventually become major phere in 1987. This illustrates a point contributors to global warming, be­ country's underground water re­ that I made earlier this week after the cause at least 90 percent of future pop­ sources. And we are doing something conclusion of the summit meeting ulation growth will be in the Third similar to some of our underground when I said that I felt it was extraor­ World. But one of the most unexpect­ aquifers. dinary that the leader of the United ed findings in this study, that the data Speaking on the Middle East for just States and the leader of the Soviet shows so clearly, is that developing a moment longer, according to a Union could sit down for several days countries are already major sources of recent report by the Middle East Eco­ to talk about the most important greenhouse gases, clearly demonstrat­ nomic Digest, nonrenewable fossil issues in the world and, at least from ing the urgent need to address the groundwater resources in the Middle the communique and the reports of problem as it occurs in the developing East will be completely exhausted their meetings, never even discuss the world. within 17 years at the current rate of crisis confronting the global environ­ I mentioned earlier that in 1987, depletion. Talk about eating your seed ment and the fact that our two coun­ Brazil was a larger source of C02 emis­ corn-we are doing it too, but the tries are the principal contributors. sions than the United States, primari­ problem is really pronounced there. Let me move to this second chart ly because of the massive burning of In Latin America, although most and illustrate the contributions of forest lands in that year. cities have abundant water resources, greenhouse gases by country, taking Let us look at these emissions on a population growth is outstripping sup­ 26 countries as examples. There is one per capita basis, because we are used plies. In Mexico City, the groundwater feature of this chart I would like to to hearing that the United States has is being mined and depleted far more underscore. The European Community the highest per capita emission of rapidly than it is being replenished. In is represented as a single entity, and greenhouse gases in the world. This Lima, Peru, tankers now come to port when one aggregates the countries of study indicates that while our emis­ and bring drinking water for 2 million the European Community, Europe sions on a per capita basis are indeed people on a regular basis. Twenty-five ranks second to the United States as a startlingly large, there is a surprising percent of the water consumed by source of greenhouse gas emissions. leader that has an even higher per Latin American cities is lost by leaks The United States is in first place with capita emission of greenhouse gases and breaks in the water system. 13462 CONGRESSIONAL RECORD-SENATE June 8, 1990 There is more here, and I commend Aralsk have become dry lands and at least CIRCLE OF POISON 75 percent of the animal species extinct. the World Resources Institute report Mr. GRASSLEY. Mr. President, we to you and to my colleagues for the Saudi Arabia's remarkable success in in­ creasing its agricultural production threat­ are all very concerned about what is additional information. ens to drain the country's underground going into the food that we eat. The Let me just conclude by saying, Mr. water resources. According to a report ob­ Congress and Federal Government President, whether the issue is this tained by the Middle East Economic Digest, have gone to great lengths to protect startling increase in the emissions of nonrenewable fossil groundwater will be ex­ consumers in our environment from greenhouse gases or the startling in­ hausted by 2007 at the current rate of de­ unnecessary exposure to pesticide resi­ crease reported today in the loss of pletion. dues. We have also defined our laws tropical rain forests in the world, or Even though most Latin American cities have abundant water resources, population concerning pesticide residues on im­ whether the issue is the startling de­ ported foods. These foods must pass pletion of available water resources or growth is outstripping available supplies of clean water. About 25 percent of the water the same stringent standards as our the hole in the ozone layer or destruc­ consumed by Latin American cities is lost domestically produced foods. But, we tion of living species, all of these prob­ through leaks and breaks in the water must act responsibly in our efforts to lems are symptoms of a deeper colli­ system. What Mexico City loses alone would protect consumers. Our actions must sion between industrial civilization as serve the needs of Rome. not build trade barriers to the import we are currently organizing and pursu­ A recent study for the United Nations by ing it and the ecological system of the the Group of Experts on the Scientific As­ of safe foods, as some of our foreign pects of Marine Pollution [GESAMPl re­ competitors have done in establishing Earth, which sustains life as we know unfounded health standards. it. ported that coastal pollution is on the rise. There are three causes: The popula­ Coastal areas are fast becoming the breed­ Legislation has been introduced in ing grounds for bacteria and viruses that ac­ the Senate that would eliminate the tion explosion, which can be managed cumulate in shellfish and threaten bathers. without even talking about abortion or export of U.S.-produced unregistered A 1987 study by the United Nations Envi­ pesticides in an attempt to protect getting into the subject of abortion; ronment Programme identified microbacter­ the scientific and technological revolu­ ia! contamination of the coastal waters as a U.S. consumers from exposure to tion, which magnifies our ability to do major concern. banned pesticide residues found in im­ harm to the environment along with What is responsible for the worldwide de­ ported foods. the good it brings us, and we need a cline in water? The answer to the increase in con­ Population growth, the increasing de­ sumer protection, however, is not ban­ Strategic Environment Initiative to de­ mands for water-especially for agriculture velop new technologies to soften that ning the export of unregistered pesti­ which accounts for two thirds of all the cides, but, rather, is based upon in­ impact; third, and most important, the freshwater withdrawn-and widespread in­ way we think, the old pattern of efficiency and mismanagement are the pri­ creasing imported food monitoring to thinking about our alleged privilege to mary culprits reported by the World Re­ protect against food with residues of exploit the Earth at our whim without sources Institute. banned pesticides and with residues any regard for the consequences to The world's population, currently 5.3 bil­ that exceed U.S. tolerances from en­ future generations and to the ecologi­ lion, is growing by a quarter of a million tering our retail market. every day. Water use has stabilized in the In 1987, as well as 1988, the Food cal system itself. This has to change, industrialized world, where it is also the Mr. President. ·and Drug Administration analyzed highest, but water use is growing in the de­ more than 32,000 samples of domestic The change will not come easily. It veloping world. Only about 4 percent of the will not come only in the United population uses as much as 80-100 gallons and imported commodities. This hap­ States of America. But the change per person per day, and two thirds of the pens to be the greatest number of must come. This new study today illus­ population, concentrated in Asia and Africa, samples ever analyzed by the FDA. In trates the problem is getting much use less than 13 gallons per person per day. almost 60 percent of those samples, worse very rapidly. All the conditions In 10 years, domestic water use in Asia, there were no pesticide residues de­ for example, is expected to reach 40 gallons tected. Tolerances were exceeded in that have led to it are also worsening per person per day. The wastewater generat­ so that the conflict, unless it is ad­ less than 1 percent of the samples. ed will exceed that generated today by the This study, and others, suggest cer­ dressed boldly, will continue to combined populations of Europe, North worsen. America, and South America. tain arguments for banning the export The United States should lead in Growing urbanization will cause an in­ of certain chemicals are greatly exag­ helping to organize a worldwide re­ creased concentration of human wastes and gerated. It is important, from a com­ sponse to this crisis. The President of other domestic sewage into nearby bodies of petitive point of view, to eliminate the the United States should lead within water, contaminating surface water quality importation of food that is grown with and increasingly polluting coastal areas. chemicals that are unavailable to U.S. the United States. He is not doing so. I In many parts of the world, agricultural hope that he will. I hope that my col­ producers. It is important not only practices and runoff have also had a major then, Mr. President, to protect the leagues will take the time to look at impact on water quality. Irrigation is by far the additional material accompanying the greatest water user. New technology consumers, but it is unfair for Ameri­ these remarks, which I now ask unani­ and the demand for greater agricultural can producers of food who, under our mous consent to be printed in the productivity have led to an exponential in­ laws, are banned from using certain RECORD. crease in the use of fertilizers and pesti­ chemicals to have the unfair competi­ There being no objection, the mate­ cides. Runoff of these chemicals, particular­ tion from foreign producers who are rial was ordered to be printed in the ly nitrogenous fertilizers, creates wide­ using those banned chemicals. RECORD, as follows: spread and serious water quality problems. When health restrictions limit the Ninety percent of all rivers in Europe show usage of certain farm chemicals, these According to the World Resources Insti­ some evidence of nitrate pollution; world­ chemicals must not aid our competi­ tute, despite the seeming abundance of wide, the water in 10 percent of all rivers is global water resources, some regions suffer unfit for human consumption. In the tors in our own markets. Congress has chronic shortages while others are consum­ United States, the drought-related water developed extensive guidelines for ing and contaminating their supply of water shortages in California have been exacer­ testing and reviewing all pesticides in­ at an alarming rate. bated by agricultural overuse, salinization tended for domestic use. The EPA has The Aral Sea, once the fourth largest and water contamination from farm chemi­ used this guidance to create a system inland body of water in the world, has lost cals. that ensures consumer safety and 40 percent of its area and 67 percent of its volume. Excessive water withdrawals for ag­ Mr. GORE. Thank you, Mr. Presi­ gives me confidence in the safety of riculture are the cause. Due to the substan­ dent, I yield the floor. our food supply. tial water loss, the Aral's Sea's mineral con­ The ACTING PRESIDENT pro tem­ Most unregistered pesticides export­ tent-including salt-has nearly tripled. The pore. The Senator from Iowa [Mr. ed from the United States are of two former maritime towns of Muinak and GRASSLEY] is recognized. kinds: Research compounds, which, of June 8, 1990 CONGRESSIONAL RECORD-SENATE 13463 course, are closely guarded and care­ a developed country, the United States had that opportunity, I will happily fully managed, or, in the second case, has a responsibility to the less fortu­ vote for cloture. Even though I voted compounds that are virtually identical nate nations to help them conquer dis­ on the losing side on the assault weap­ in composition and risk to registered ease and malnourishment. We must ons provision, I will vote for this bill. I pesticides. not legislate how countries must ac­ think it is good. I think it represents a Pesticides which have limited use complish these goals based upon our step forward, but it does not represent generally for special crop production standards of living. The threats of dis­ the decisive step forward which we or random insect infestation, also ease and famine are a much bigger should have. called minor-use pesticides, are often concern in these countries than the The leader of the Republican Party, not registered due to the cost of the question of food safety, or at least we the distinguished Senator from procedure. This does not mean these ought to leave it up to their own gov­ Kansas [Mr. DoLE] has made an offer pesticides are unsafe, but rather that ernments to make that determination. to limit amendments to an even the company feels it would not be able I appreciate some members of the number on both sides. I earnestly to recover cost of registration in the Senate Agriculture Committee bring­ hope that the majority leader and the U.S. market sales. ing this up for debate. There is no dis­ majority party will accede to that re­ We already have a backlog of regis­ puting the need to be concerned about quest to allow a reasonable time for trations and reregistrations. It is not the safety of our food supplies. The debate and a reasonable number of necessary to tax this program with issue affects not only consumers but registrations for pesticides used in the farmers who depend on consumer con­ amendments after which, Mr. Presi­ production of bananas, coffee, rubber, fidence when selling their products. dent, I am convinced there will be no and tea or force the manufacturing However, we cannot overlook the im­ difficulty in obtaining cloture and a company to pay for this process. In portant economic and trade consider­ final vote on a bill which is so impor­ fact, many companies will shift their ations that I have raised. As the Agri­ tant to the American people. manufacturing and research and de­ culture Committee proceeds with velopment to facilities overseas. voting out the agriculture bill, I hope In most cases, exported pesticides these issues will be reviewed more GENERAL AVIATION PRODUCT are U.S.-registered, but when they are carefully than they have in the past LIABILITY AMENDMENT not, they have undergone extensive and new solutions will be found. I Mrs. KASSEBAUM. Mr. President, toxicity and human health effects think Senator LuGAR's approach is one last night I knew the majority leader testing. These products are typically of these very good alternatives. was considering a motion to table the registered in the importing countries. I yield the floor. pending amendment to S. 341. That Prohibiting exports of unregistered pending amendment is my amendment products would export U.S. jobs. If THE OMNIBUS CRIME PACKAGE on general aviation product liability. I growers in other countries cannot buy have no objection to a motion to table American, they will buy other prod­ Mr. GORTON. Mr. President, during my amendment. What I find trou­ ucts from suppliers often outside the the course of this week almost all of bling, Mr. President, is today there are organized agri-chemical industry. the RECORD voting work on the floor of so many Senators who are absent that These suppliers do not always main­ the Senate has been directed at two I feel it would be certainly unfortu­ tain the same standards of product attempts to invoke cloture with re­ nate to entertain a vote on a matter safety required of legitimate manufac­ spect to the bill relating to crime and that many feel strongly about one way turers. The U.S. pesticide registration punishments. I voted against cloture or the other. I am very happy to set laws are based on the needs and de­ on both of those occasions. aside my pending amendment and let mands of U.S. consumers. How can we I am unhappy at having been re­ other amendments come to the floor. determine the wants and the needs of quired to do so but even more unhap­ I met yesterday with representatives other countries or of our trading part­ PY at the way in which that bill has of the Trial Lawyers Association to see ners? Can we impose our strict stand­ been managed. This Senate, which evi­ if there might be some means of find­ ards on countries that cannot feed dently could afford to use 8 entire ing a compromise. I certainly look for­ their populations? Obviously, some in days on the Hatch Act, which is far this Congress feel so, or, otherwise, from the top of the concerns of the ward to discussions with the Senator this legislation would not have been American people, nonetheless has at­ from Ohio [Mr. METZENBAUM] but I introduced. tempted through the actions of the would be very disappointed if today we The admission of any pesticide to majority leader to cut off debate on find, with many having left, that there any country in the world is subject to the single subject in which Americans would be an effort made to table the that country's sovereign rights. They are most interested, not only after a pending amendment. are under no obligation to admit any mere 3 days but after 3 days which I would just like to be on the record pesticides, let alone pesticides that are were devoted to amendments proposed as expressing that thought in the severely restricted or banned in the by the committee or by other mem­ hopes that we can work something United States. A good example of dif­ bers of the committee which dealt out. ferences between U.S. safety determi­ with the bill in the first instance. I yield the floor, Mr. President. nations and the needs of our foreign In other words, Mr. President, other trading partners is a problem of malar­ Senators have been imposed upon by ia control in many foreign countries. what amounts to a gag rule, unable to ORDER OF PROCEDURE Some chemicals banned in the United offer amendments on any other rele­ The ACTING PRESIDENT pro tem­ States, which would be illegal to vant subject to this crime bill. It is for pore. The Chair recognizes the Sena­ export under this legislation, may be a that reason, I submit, Mr. President, tor from Idaho [Mr. SYMMS]. valuable tool used in many developing and not because of the retention in Mr. SYMMS. Mr. President, are we nations to combat malaria. the bill of an assault weapons provi­ still in morning business? If so, how In Sri Lanka, following the United sion, that cloture has been unsuccess­ long will that be? States lead of halting DDT produc­ ful to this point. It seems to me vital, The ACTING PRESIDENT pro tem­ tion, malaria returned in epidemic pro­ it seems to me very much in the inter­ pore. Morning business is in order portions to that country. There are ests of the American people, the ma­ until 11 o'clock. other means of controlling malaria, jority leader permit a debate more Mr. SYMMS. Mr. President, I ask but is it up to those of us in the U.S. broad than the scope of this particular unanimous consent-! see no other Congress to decide how these coun­ proposal before it is appropriate to Senators on the floor-that I might tries should attach their problem? As invoke cloture. As and when we have speak until 11 o'clock. 13464 CONGRESSIONAL RECORD-SENATE June 8, 1990 The ACTING PRESIDENT pro tem­ Mr. President, in the first category, makes me feel very fortunate, because I was pore. Without objection, it is so or­ the winning essay was from Lacy Ann born into freedom. I have accepted it as part dered. Holm, an 8-year old, and third grader of our society, and take it for granted. Mr. SYMMS. Mr. President, I thank from Monteview, ID. Not only has When I think about it, I am very lucky I don't have to fight for my freedom or the Chair. Lacy won first place in her category escape from a Communist country to get it. for this contest, but I understand she I am really grateful for freedom and my "WHAT FREEDOM MEANS TO recently won first place in her school's rights as a citizen of the United States of ME" ESSAY WINNERS patriotism essay contest. Lacy titled America. I don't want you to think that I her essay, "This Is My Country." It is think our government is perfect, because it Mr. SYMMS. Mr. President, over the very brief, Mr. President. isn't, but its getting better, and it's much past year we have been witness to the I will not read all of the essays that I better than most countries where I could most dramatic events in history, from have, but this one is very brief and it have been born. elections in Nicaragua and Poland to is well worth reading. Most children don't realize how lucky we independence in Eastern Europe from are to live in peace and freedom, with rights "This is My Country." for everyone, even minorities. We don't per­ Soviet domination. It is clear to all My country is free, beautiful and strong. secute people because of their religion. We who observe world affairs that free­ Even though it is strong, it gives us personal can speak and demonstrate freely without dom is on the rise while the days of freedoms. being arrested or executed. We can have the Communist dictators are num­ Many people died so we could be free. public gatherings, and we can also travel bered. This freedom has to be honored daily by freely. Why? Because our forefathers Certainly one of the darkest mo­ love of law, flag and its people. worked and died for our freedom; other free ments any society has had was when Some of the reasons I love my country are nations have had to do the same. Freedom that we have freedom of choice. Freedom to isn't free. the Berlin Wall was built. This barrier me means that we can do whatever we want became the symbol of the repressive It is very difficult to explain freedom with to do that is lawful. We are free to work at words, because it seems so simple, but yet so policies of the Communist Soviet any kind of job we want. Free to think any­ hard to grasp. There is one thing that I will Union. However, late last year it thing we want to think. We can say what­ always know about freedom. Until all the became the symbol of freedom as the ever we want. We can eat and sleep, to work walls are torn down, until all the signs are people it long confined were finally al­ and play, without being afraid. One Nation under God, with freedom in removed, until all the passports and papers lowed to emigrate to the West. The God, to worship Him in our own special of leave are discarded, until all prejudice is wall, figuratively and literally, has way. forgotten, and until all dictators are no begun to come down between the East I love my country! more, there will never be freedom as I want to know it. and the West. Mr. President, in the second catego­ Mr. President, we have heard the ry, the winning essay came from That is from Daniel Alban, Central promising stories of those finally al­ Daniel Alban, 11 years old and a sixth School, room 13, April 18, 1990, lowed to taste the fruits of freedom grader at Nampa. While I was in Idaho Nampa, ID. for the first time, but what have been last week, I had the opportunity to Mr. President, I have two other the thoughts of our own citizens who meet Daniel, his parents, his principal, essays I would like to mention. Leslie have never known the tyranny and op­ and his teacher, and I made the award Shiozawa, age 15, is a ninth grader at pression of communism. What were in person. Hawthorne Junior High in Pocatello, their feelings about this historic When I was there he expressed ID. She has written an excellent essay, worldwide revolution? strong interest in attending one of the but because of our limited time, I just We thought it would be interesting military academies, specifically the Air want to read the opening and closing in my State to find out what the Force Academy. If he continues to paragraphs: young people thought. So my office work hard toward this goal, he can I've watched the news. Everywhere it and I sponsored an essay contest look forward to the day when he will seems that people want something, some­ among the schoolchildren of Idaho. thing Americans have. The Germans have be nominated. Daniel's essay entitled torn the Berlin Wall down. The iron curtain The title was, "What Freedom Means "Freedom Isn't Free" is a little longer. has fallen. Students have protested in to Me." It was open to all students in It reads as follows: China. Free elections have been held in the State from kindergarten through FREEDOM IsN'T FREE Central America. Citizens have overthrown the 12th grade. The four categories of Driving through the states of the United dictatorships. Anti-apartheid groups the contest were kindergarten through States, you see "Welcome" signs at each and demand civil rights in South Africa. Lithua­ the 4th grade, 5th through 6th, 7th every border. Driving into parts of Eastern nians have declared political independence. through 9th, and lOth through 12th. Europe you see "Warning: Border Zone: This thing, this bold, cherished, magnificent The judges picked one winning essay Passport Must be Shown" or "Warning: En­ dream is what these people die for. from each of the categories. tering Border Zone: Passport, Identification She goes on to a very touching essay papers, Border Zone Permission papers and of two pages. Her closing paragraph I I thought it was important, Mr. all necessary Leave papers will be checked." President, to hear from the future That's the difference between Democracy think is especially thoughtful. leaders in my home State of Idaho and and Communism: there are many others. Freedom is something small, because it is their impressions about freedom for The main reason: we have freedom, they do the absence of restraint. Freedom is some­ themselves and others around the not. At any state border, the worst obstruc­ thing big, because it is my everyday life. world. Frankly, I was surprised at the tion might be a winding river, but we are al­ Freedom is sacred and precious to me, be­ participation that we had. Over 1,600 lowed to cross by the state(s) that built the cause of my ancestral ties and family herit­ compositions were received in my bridge. In parts of Eastern Europe, there age. Freedom is special and individual, are walls, barbed-wire fences, border sta­ though it is shared by millions. This is what office. After reading through several, I tions, armed border guards and many other freedom means to me. Freedom is my great­ knew the judges had a very, very diffi­ terrifying obstacles. est treasure. God bless America, land that I cult task. However, there is hope. Some Communist love. After a great deal of consideration countries are now working towards Democ­ Mr. President, I ask unanimous con­ by our judges, I am pleased to share racy. A few of these are East Germany, Ro­ sent that Leslie's article be printed in with the Senate the four winning mania, and Bulgaria. the RECORD in its entirety. essays from the contest. Each of the Unfortunately some are getting worse, e.g. There being no objection, the mate­ winners received a plaque containing a China, where they are not allowed to smile in public

June 8, 1990 CONGRESSIONAL RECORD-SENATE 13469 this airplane and are killed, your going to tell my wife, "Honey, if you can occur in many, many different widow cannot recover.'' ever see me getting in an airplane ways. Well, let us assume that we did have without checking the age of it, you My State just went through a tort such a sign that was emblazoned and ought to bore me with the hollow reform movement, and they adopted printed that said that. But consider horn," as we folks in our country used law. Some aspects of this bill liberalize also what might happen where a fault­ to say about cattle. But this bill has so our tort law. It creates comparative ily manufactured general aviation many consequences. We in the Judici­ negligence. My State still has con­ plane, a smaller plane which has less ary Committee considered this bill, tributory negligence. There are other than 20 passengers, is flying and the and we had hearings on it. aspects of this that in some ways busi­ wing comes off, and it hits a 747. The We said in our own minds, if there ness in my State is divided about, and 747 is hit, and it falls on Yankee Stadi­ ever was a one-sided bill that was de­ they are very, very scared of some­ um with a group of spectators who are signed to prevent almost any form of thing like this amendment. You get there watching a ball game. The stat­ recovery, and when you get into all of the Federal preemption and then what ute of repose protects the manufactur­ the details and facts, rather than develops? They see the incidents er who made the faulty wing from law­ trying to amend it, it is so horrible where the wing came off of the plane suits, from the passengers of the 747 that we just voted it out with a nega­ that hit the 747 and then landed in airplane. You are not going to have tive recommendation. Yankee Stadium, and by one stroke of emblazoned or printed across that 747 I understand the Commerce Com­ the pen they began to write remedial airplane "Your widow cannot recover mittee, but the Commerce Committee legislation. if we run into and have an accident has every sort of member, and that is I think if somebody told me that with a smaller plane that is 20 years of as it should be. In the Judiciary they age." are primarily lawyers and judges, who they really thought that business in What sort of warning would you give look at the idea of recovery and who this instance needed over the long­ to the boilermaker who is sitting in look at the western civilization con­ term when some of the businesses Yankee Stadium viewing the Yankees cept of the fact that a person ought to were advocating this Federal preemp­ play-maybe they might be playing be responsible for their actions; and if tion, well, that is up to, of course, someday the Washington Senators injuries occur, the ones that are in­ every business group as to whether or again-and the plane falls on them? jured should be able, under well-devel­ not they need to apply for a guardian. The 20-year statute of repose protects oped rules of common law, to be al­ I think you first have to be declared all of them. The 747 is not at fault. lowed to recover, rather than being non compos, and there is some feeling You cannot successfully bring a law­ put on welfare in some State, rather that there are certain areas of busi­ suit against them because they did not than having their right to have their ness that maybe could be declared non do anything except for the wing that life and dignity ruined, for their chil­ compos in the advocacy of the ap­ fell off the general aviation aircraft dren to be educated. proach relative to the Federal preemp­ because of the defective manufacturer, We have believed in this concept, tion in the whole civil tort law. I am hit the underpinnings and the under­ but rather than amend the bill, it is not going to express an opinion on side of the 747, and caused the acci­ such a bill that has so many flaws in that. dent. The person in Yankee Stadium it, and it is so one-sided, that we felt But this bill has numerous problems cannot recover. like we ought to report this out nega­ with it. I want to discuss them at some So all of these people, the 400 people tively. We had only a 30-day period of later time as we are debating this. By in the 747, or whatever number it time, and it expired. It may have been unanimous consent, by one special sit­ holds, and the people in Yankee Stadi­ a little longer than 30 days, but the uation, it continues as long as we are um who may be killed or injured in re­ time expired, and we had to report it in the process of debating this bill. I gards to it because of a 20-year statute out, and it was reported out on the feel that the bill has many flaws in it. of repose which is in here because the last day. The hearing record has not, as I un­ general aviation manufacturer, they I am not real sure that the general derstand it, been printed yet. The say it is not a sleeper-but they want aviation people, when they seriously report is now available, but the hear­ to be immune from suit. consider all of this, that this bill is ing record is not. It needs to be care­ Then they look back and they say something that they want. Historical­ fully reviewed, and we ought to review what in the world did Congress do? ly, the civil tort law of this country it, be knowledgeable about it, before They said they were trying to protect has been left to the States, and each we take a drastic step. an industry that they said was having of the States have designed their tort Mr. President, without losing my financial problems, and yet the figures laws in the manner that they feel is right to the floor, I suggest the ab­ and the statistics have shown that in best suited to the people of that State. sence of a quorum. 1989, according to the General Avia­ I think that is a good concept. The PRESIDING OFFICER. Is tion Manufacturers Association, air­ You get into the Federal preemp­ there objection? plane shipments by U.S. manufactur­ tion, and what do you usually have? Hearing none, the clerk will call the ers were up 26.7 percent. Business has been very, very cautious; roll. There was a nice Republican Con­ they do not want a federalized work­ The bill clerk proceeded to call the gressman from Mississippi by the man's compensation law; they have roll. name of Larkin Smith who was killed opposed it. When I came to the Mr. GRASSLEY. Mr. President, I in a small plane accident. I do not Senate, that was a big issue. Really, ask unanimous consent that the order know the circumstances of it. when you get down to it, as a friend of for the quorum call be rescinded. Congressman Mickey Leland of mine back home said about these Fed­ The PRESIDING OFFICER is projecting substantial net gains over the though you have a good record, even "Will not wear out in the lifetime of an next 5 years. though you have all your friends owner-provided they are meticulously Indeed, here we are 5 years later saying do not worry and so on, you maintained and inspected." with the net gains. This is the case. cannot rest comfortably. You are still But then, of course, it hinges on the To bring up this issue on my blind­ out there hustling all the time, and maintenance and inspection and­ access bill when I am trying to stop that is why Senators are not here. Bleck noted that any inspection program airlines' discrimination against the They will not be here on Monday be­ will not succeed "without the cooperation of blind is a travesty. They know this. cause you have to look ahead and say, the owners and operators and the FAA." But they are playing the politics of well, yes, I must schedule a fundraiser Then Cessna. We have had quota­ the FAA, Chamber of Commerce, In­ Monday because I know I cannot be tions about Cessna going broke, people dustry Advisory Council, and so forth. there these other times. not selling planes, Chicken-Little, I played with that group, I say re­ "The sky is falling." Not at all. We will spectfully, politics on labor law find out. They are making way more reform. So I know them intimately AIR TRAVEL RIGHTS FOR BLIND money. and respect them, and admire them. INDIVIDUALS ACT Specifically, so people will under­ Unfortunately, they are all dressed up The Senate continued with the con­ stand, last year they increased their with no place to go. I wish they would sideration of the bill. sales to a total of 1,535 planes, an in­ come here and talk about spending­ Mr. HOLLINGS. Mr. President, re­ crease of 26.7 percent. The dollar the Government spending-$300 bil­ turning to the subject of aviation value of sales went up 40 percent. So lion more than we are taking in. We product liability, I have direct com- here there is a problem. These fellows had them charged up a little while in June 8, 1990 CONGRESSIONAL RECORD-SENATE 13475 the early 1980's. In the Wall Street and they said, 'Get rid of the safety ed in the asbestos cases, and agent Journal, they were taking double-page seat, and hold the baby in your lap.' " orange, and Dalkon shield. ads with five former Secretaries of De­ So many a child has become a living Here is the report, "Product Liabil­ fense and seven former Secretaries of projectile, killed because of that ity, Extent of Explosion in Federal Treasury saying "We have to do some­ unsafe practice, because the airlines Court.'' They rejected the notion that thing about the deficits." That is want to sell that seat. They do not there was an explosion. when the deficit was going over $100 want to put a safety seat for a little Then they said we have an insurance billion. Now we are spending over $300 child there. So now we have to force crisis. And we found out that when in­ billion. feed an amendment. terest rates dropped, investment But now they are worried about In the Iowa, investigation they had income was dropping, the premiums something that is being handled at the Hartwig portrayed as an unstable went up, and it was-well, according to State level, and on an issue vital to the fellow, under all kinds of pressures, su­ 13 attorneys general, this is a case of safety of you, me, and everybody in icidal, and now we find out it was a boycott and conspiring. So we have a the traveling public. Don't know about case of product liability. You can see bill in the Judiciary Committee to fed­ these product liability situations? how the Navy investigators could not eralize insurance. There are several Have we not just heard? be wrong. You know how the system bills on the House side in the Judici­ in ropean markets to Germany in particular the Commerce Department's regulations. technologies that we are so often de­ 2. Following the negotiation of effective creasingly the leader in is intimately and the EC in general. Clearly, this outcome by default was not, they told us, either their technology safeguards, decontrol to the linked, and that the agreement in preference or in their national interest. Nor China Greenline for Poland, Hungary, Cocom yesterday is a loud affirmation is it in our economic or political interest. Czechoslovakia, and the GDR. of that relationship. This message has been reinforced since 3. Extend favorable consideration treat­ And in a letter that Senators GARN, our return. U.S. firms have told us of the ment, i.e., presumption of approval by CHAFEE, BOND, SANFORD, and I sent to many Eastern European orders placed COCOM, for exports to Poland, Hungary, the President, we urged precisely the during a major international conference in CZechoslovakia, and the GDR of items kind of liberalization that has been Zurich for which U.S. firms could not effec­ above the China Greenline. tively compete because they all contained 4. Direct the National Security Council to agreed to. fulfill the U.S. commitment made in Janu­ I ask unanimous consent that the controlled technologies, even though some of those technologies are widely available ary 1988, to develop a new "Core List"-a text of our letter dated May 24 be significantly streamlined U.S. control list printed in the RECORD at this point. from non-COCOM sources. Despite asser­ that will serve as the model for negotiating There being no objection, the letter tions to the contrary, American technology a similar streamlining of the COCOM con­ was ordered to be printed in the is still preferred and competitive in the trol list. world market. Unfortunately, it is not con­ Your proposal of May 2 addresses stream­ RECORD, as follows: sistently available, thanks to our control U.S. SENATE, lining but falls short with respect to decon­ policy. trol to the China Greenline and favorable COMMITTEE ON FINANCE, Right now we have an unprecedented op­ Washington, DC, May 24, 1990. consideration above that level for the coun­ portunity to assist in the economic transfor­ tries of Eastern Europe. We also fear that The PRESIDENT, mation of these countries by using Western The White House, Washington, DC. this limited opening to the new democracies technology and private direct investment to will make achieving a consensus in COCOM DEAR MR. PREsiDENT: On May 2, you an­ promote free market mechanisms. This will nounced several important steps decontrol­ more difficult and will retard our exporters be a key to the success of political democra­ in their effort to compete with their West­ ling exports of goods and technology to cy in Eastern Europe. Your announcement Eastern Europe and the Soviet Union. We ern European counterparts. We recognize on export decontrol is an important first that your proposal may be only a first step, are writing to urge you to take several addi­ step in that direction, but we are concerned tional steps as well. but we urge you to seize the opportunity to that it may go too far with respect to the go further. Such steps are as much in our Recently, a Senate delegation, including Soviet Union and not far enough with re­ several of us, visited the German Democrat­ interest as they are in Eastern Europe's. spect to Eastern Europe. Sincerely, ic Republic of Poland, Hungary, and With respect to the latter, the Eastern Eu­ Czechoslovakia and could not help but note JAKE GARN. the prevalence of the word "democracy" in ropean countries have tried to address U.S. JOHN CHAFEE. the region. The fledgling political parties in­ national security concerns by adopting im­ JoHN HEINZ. cluded in their political platforms such portant confidence building measures to CHRISTOPHER S. BOND. Western values and principles as freedoms prevent diversion of critical technologies to TERRY SANFORD. of speech, thought, worship, free elections, the Soviet Union. Mr. HEINZ. That is why I say, Mr. and the free enterprise system. The delega­ 1. Poland, Hungary, and Czechoslovakia have indicated a willingness to negotiate President, I urge our colleagues to tion returned convinced of the irreversibi­ take a look at our letter. That is why I lity of political and economic change in the trade, investment, and legal protection re­ region, as one country after another has gimes to facilitate U.S. direct investments, say that the Cocom agreement reflects shed its communist system in favor of a including joint ventures. While of particular the wisdom of those in the Congress, Western democratic model. interest to U.S. investors, such protections and particularly in the Senate, who While these remarkable changes were are also an important part of any frame­ disagree with what at least in some made possible by Mikhail Gorbachev's new work that safeguards technology. parts of the administration was their policies, they have not been matched by 2. Hungary and Czechoslovakia have nego­ early impulse to do two things. Or I parallel change in the Soviet Union. For all tiated the withdrawal of Soviet troops by should maybe say to not do much of that it means in concept, perestroika has so June 30, 1991. anything, because there were a lot of far brought little gain to Soviet citizens. 3. Poland, Hungary, and Czechoslovakia Analyses of the Soviet economy show con­ have announced their intention to lower people in the administration-they tinued deterioration and enormous difficul­ their defense budgets, reduce troops have been there for quite some time­ ties in climbing out of the hole created by strengths, and phase out their participation who first took the position that noth­ seventy years of central planning and stifled in the Council for Mutual Economic Assist­ ing should change, or if it should individual initiative. ance . JOINT RESOLUTIONS fairs. By Mr. JOHNSTON, from the Committee The following bills and joint resolu­ S. 2059. A bill to establish the Weir Farm National Historic Site in the State of Con­ sent, and referred as indicated: necticut . By Mr. SYMMS (for himself and Mr. MESSAGES FROM THE HOUSE By Mr. HOLLINGS, from the Committee McCLURE): on Commerce, Science, and Transportation, S. 2717. A bill to authorize the construc­ At 2:39 p.m., a message from the with an amendment: tion of a monument in the District of Co­ House of Representatives, delivered by S. 2180. A bill to remove certain prohibi­ lumbia to honor , and for Ms. Goetz, one of its reading clerks, tions to the licensing of a vessel for employ­ other purposes; to the Committee on announced that the House has passed ment in the coastwise trade of the United Energy and Natural Resources. the following joint resolution, in States for the vessel Arctic Sounder

39-059 0-91-44 (Pt. 9) 13484 CONGRESSIONAL RECORD-SENATE June 8, 1990 Throughout the war Paine pub­ Government exists to guarantee to the in­ Paine's works are understandable, lished 11 other additions to the dividual that portion of his natural rights of interesting, and irritating, which are "Crisis." The entire work shows Paine which unaided he could not ensure himself. the three components of a revolution­ These rights, with respect to which all men at his best as a political journalist and are equal, are liberty, property, security, ary author. His work, "Common force behind the American revolution­ and resistance to oppression. Only a republi­ Sense" gave the intellectual grounding ary effort. can form of government can be trusted to for the positively unthinkable pros­ In April 1777, Thomas Paine was ap­ maintain these rights; and the republic pect of separating from the monarchy, pointed by Congress as secretary to its must have a written constitution, including and helped forge our Nation at a time Committee on Foreign Affairs. a bill of rights; manhood suffrage, executive when it did not even have a name. Though he served his position in Gov­ orders chosen for short terms and subjected Thomas Paine died in New York on ernment diligently and with honor, to rotation in office, a judiciary not beyond June 8, 1809, and was buried on his ultimate control by the people, a legislative farm in New Rochelle. Paine never lost his idealistic devotion body popularly elected at regular intervals, to the spirit of a revolutionary cause. and a citizenry undivided by artificial dis­ Ten years later William Cobbett dug In 1779, Paine was given an appoint­ tinctions of birth and rank, by religious in­ up Paine's bones, took them to Eng­ ment as clerk of the Pennsylvania As­ tolerance, by shocking economic inequal­ land and lost them. This is the end of sembly. He continued writing his ities. the man who gave America independ­ "Crisis" articles and began a fund, out Mr. President, he was a very, very re­ ence its rationale; who inspired a torn, of his own meager salary, for the relief markable man, when you think about cold army on the brink of defeat; who of Washington's army. In 1781 when those words were written. in 1775 wrote to abolish slavery; who Thomas Paine accompanied John Such a republic, he argued: negotiated treaties with American In­ dians in Pennsylvania; who held the Laurens to Paris where they helped Will be well and cheaply governed, or convince Louis XVI to provide the rather, little governed, for government is no first post which later became known as arms and money which paid for the farther necessary than to supply the few Secretary of State; who obtained arms victorious Franco-American Yorktown cases to which society and civilization are and money for the Yorktown cam­ campaign. And, the success of Paine not conveniently competent. paign; who participated in two revolu­ and Laurens, in a very real sense, On January 15, 1793, during Louis tions nearly losing his life in the sealed not only the fate of the Ameri­ XVI's trial, Paine argued that while second; who saw human dignity as a cans but also of Louis and Marie An­ the monarchy should be destroyed the right not a charity. toinette. monarch should be spared; that for His contribution to the founding and After the war, the State of New France to execute the man who had development of our country cannot be York gave Paine a farm in New Ro­ helped to make success in the Ameri­ overstated. Great minds forged this chelle where the Paine Association can Revolution possible, would be for Nation and Paine's was one of them. It still maintains his farmhouse. France to alienate its ally, America. is for this reason that Thomas Paine Paine published again in 1786 with should be remembered with a monu­ We tend to think of the execution of ment to let us never forget this agita­ "Dissertations on Government, the Af­ Louis XVI as a foregone conclusion. It fairs of the Bank, and Paper Money" may interest you to know that the tor of freedom. in which he condemned paper money Mr. President, I send a bill to the vote taken at the Convention was 361 desk so it may be sent to the appropri­ as legal tender. for death, 360 against. In 1787 Paine went to England and ate committee. For his efforts, Paine was con­ I yield the floor. saw one of his inventions, an iron demned by the terror and languished bridge, built. While Paine was in Eng­ I thank the indulgence of my col­ in prison for 10 months where his leagues and the Chair. land, the Bastille fell. Four rural health broke. French districts offered Paine seats in Between 1794 and 1796 Paine wrote the Revolutionary National Conven­ "." In this work he tion. He had not sought the honor. It analyzes religion and theology using By Mr. HEFLIN (for himself and is remarkable because it means that his fine tools of scholarship. He began Mr. SHELBY): his works in defense of freedom had this work while in prison in France. S. 2718. A bill to provide for the use traveled across the Atlantic, been Thomas Paine was born into a world of excess assets in black lung benefit translated into French, been found so of poverty and hardship, and yet his trusts for health care benefits for re­ compelling, not just by those who background allowed him to know what tired miners, and for other purposes; might be educated and live in the city, the less privileged were experiencing to the Committee on Finance. but by people in the rural districts, when he was in a position of power HEALTH CARE BENEFITS FOR RETIRED MINERS that they chose him to represent later in his life. That is why he was e Mr. HEFLIN. Mr. President, I rise them. Of the four offered seats, he sensitive to those who were less off today to introduce, on behalf of chose to accept the seat for the Pas de than he was. Paine was a self-confi­ myself and Senator SHELBY, legislation Calais district. On October 16, 1789, dent man whose writings affected the which will allow the excess assets in Paine wrote to Washington and said, very founding of the United States of private black lung trust funds to be "A share in two revolutions is living to America. In fact, he gave our Nation used to pay for the health benefits of some purpose." the name United States of America. retired miners. My bill would allow In the spring of 1791, Paine pub­ He was a fiery, headstrong agitator surplus funds which are otherwise lished the first part of "The Rights of who believed until his dying day in the idle, to be used to meet the rising Man," which was a response to rights of the individual and the basic health care costs of miners. Edmund Burke's "Reflections on the glory of the common man. Under current law, miners with French Revolution." Burke attacked Thomas Jefferson thought Paine's black lung disease may receive bene­ the revolution, Paine defended it. But writing style resembled Benjamin fits under the black lung disability more importantly, in the second part Franklin's. Both men wrote in a trust fund which is funded through of "The ," Paine began simple and straightforward manner in excise taxes on mined coal. Since 1973, to move from argument concerning a time when eloquence and excessive black lung benefits have also been the overthrow of oppressors to the language were popular in written paid directly by individual coal mine ways in which to help the oppressed. works. Paine's writing is moving in a operators either through insurance, Part 5 of the second book is actually a contentious way, as he was always cash payments or through private social welfare blueprint, well before its pleading a cause. Because of this, trusts, established under section time. It is a remarkable document. Paine's writings turn into arguments 50Hc><21> of the Internal Revenue In the "Rights of Man" Paine says, rather than expositions. Code. The operator may make contri- June 8, 1990 CONGRESSIONAL RECORD-SENATE 13485 butions to a section 501(c)(21} trust ities, the liabilities are paid by the in funding levels. These include popu­ based on actuarially sound standards Federal black lung disability trust lation composition, mortality, benefit to cover contingent future liabilities. fund. Creating a "penalty" by not al­ increases or decreases, incidences of Although the Code allows operators to lowing the operators to use the sur­ disability, transfers, investment earn­ self-insure by making contributions to plus trust funds to pay health care ings, benefit payment changes, alloca­ a section 50Hc)(21} trust, this method costs for retired miners, in effect, dis­ tion of net surplus, and other adjust­ of funding is not required. Operators courages operators from creating a ments. For example, in the mid- and may choose in the alternative to pur­ secure funding arrangement to satisfy late-1970's black lung incidence rates chase insurance to cover the liabilities, future black lung liabilities. To avoid were relatively high and this was re­ or to pay their black lung liabilities this result, operators should be per­ flected in the actuarial assumptions out of general assets. An operator who mitted to use the surplus funds to for funding in future years. The stand­ establishes a section 501(c)(21) trust, meet health care costs of the retired ards for determining eligibility for however, provides a more secure fund miners. black lung benefits became more strin­ from which black lung liabilities are to Mr. President, this bill will also pro­ gent through the enactment of the be paid. vide a tax revenue benefit to the U.S. Black Lung Amendments Act of 1981, Under current law, private black Treasury since health care expendi­ which resulted in lower incidence lung trusts, which are exempt from tures are deductions from taxable rates. Therefore, although it is possi­ Federal income tax, can only be used income. If the surplus assets from ble for the 501(c)(21) trust to be sig­ to provide compensation for disability black lung trusts are used for health nificantly overfunded, under current due to pneumoconiosis under the care payments for retired miners, each law the excess funds must remain in Black Lung Acts, to provide insurance company's taxable income will in­ the trust. to cover such disabilities, or to pay ad­ crease by the amount of such health The bill I am introducing today will ministrative and other incidental costs care benefits. amend section 501(c)(21) to allow coal associated with the trust. These trust I urge my colleagues to support this funds may also be invested in govern­ bill.• operators with private black lung trust ment securities, deposited in federally • Mr. SHELBY. Mr. President, I arise funds to use these excess trust funds insured depository institutions, paid today to join with the senior Senator to pay the health benefits of retired into the Federal black lung disability from Alabama in introducing legisla­ miners. The trust funds may only be trust fund, or paid into the general tion which will allow the excess assets used for this purpose to the extent fund of the U.S. Treasury. The trust in private black lung trust funds to be that the fair market value of such must be irrevocable with no right or used to pay for the health benefits of funds exceeds an amount equal to the possibility of reversion to the coal retired miners. present value of the liability. Whether mine operator. In 1977, Congress passed the Black a trust fund contains surplus assets My bill would amend section Lung Benefits Revenue Act. A provi­ would be determined by actuarial stud­ 501(c)(21) to allow the trustees of pri­ sion in that important act added sec­ ies based upon the experience of the vate black lung trust funds to make tion 501(c)(21) to the Internal Reve­ fund. If it is actuarially determined payments for sickness, accident, hospi­ nue Code which allows coal mine oper­ that the funds in the trust exceed the talization and other medical expenses, ators to establish a trust to self-insure liability, then only those excess funds administrative costs of retired miners, for liabilities under Federal and State may be used to pay for the health ben­ their spouses and dependents, or the black lung benefits laws. As in the case efits of retired miners. Such payments payment of premiums for insurance of employer contributions to qualified to retired miners may be for sickness, covering such expenses when assets in trusts for contingent pension plan li­ accidents, hospitalization and other the trust exceed liabilities. The trust abilities, an operator's contributions to medical expenses and administrative funds could only be used for this pur­ a 501(c)(21) trust are deductible in the costs of retired miners, their spouses, pose to the extent that the fair tax year the contributions are made. and dependents or to make payments market value of such funds exceeds an In order to qualify under 501(c)(21} on the premiums for insurance cover­ amount equal to the present value of the trust must be created or organized ing such expenses. the liability. Whether a trust fund exclusively for the following purposes: The use of the surplus funds to pay contains surplus assets will be deter­ First, to satisfy in whole or in part the medical benefits of retired miners mined by actuarial studies based upon the operator's liabilities for black lung would in no way alter the coal mine the experience of the fund, and simi­ benefits arising from Federal or State operator's continuing legal obligation lar funds. The use of surplus funds statutes; to fund the trust and to pay black would in no way alter the coal mine Second, to purchase insurance for lung benefits. Those obligations will operator's continuing legal obligation the purpose of covering such liabilities continue under current law. Also, the to fund the trust and black lung bene­ in whole or in part; and trust could never be depleted below fits. The trust could never be depleted Third, to pay the administrative and the present value of the coal mine op­ below the present value of the coal incidental costs of the trust incurred erator's liability. mine operator's liability. This bill in connection with the operation of A coal operator who establishes a would allow funds which are otherwise the trust or the processing of black 501 (c)( 21) trust provides a secure fund idle, to provide a much needed benefit lung claims against the operator. from which black lung liabilities are to retired miners. The trust funds may not be used for paid. The funds may not be withdrawn Unless a coal operator is allowed to any other purposes except for certain regardless of the financial condition of use the trust surplus to meet health investments, payment into the black the coal operator. Therefore, even care costs of retired miners, an opera­ lung disability trust fund, or payment bankruptcy of the operator would not tor is penalized for providing this into the General Fund of the Treas­ affect trust fund assets. Unless the op­ secure fund. If the operator had, in­ ury. There is no right of reversion erator is allowed to use the trust sur­ stead, chosen to pay black lung liabil­ either of the corpus or of income to plus to meet health care costs of re­ ities out of its general assets-which the coal mine operator. tired miners, an operator is penalized would have resulted in a less secure Although the funding requirements for providing the secure fund. If an fund since the operator might be insol­ for a 501(c)(21) trust are actuarially operator chooses to pay for the black vent when the future liabilities arise­ determined, it is possible for the trust lung liabilities out of its general assets, the surplus would have been available to become significantly overfunded the surplus would be available for for paying health care costs of retired over a period of time. There are a paying health care costs of retired miners. If an operator is insolvent and number of experience-related factors miners. However, paying black lung li­ unable to satisfy its black lung liabil- which, over time, could cause changes abilities out of general assets will 13486 CONGRESSIONAL RECORD-SENATE June 8, 1990 result in a less secure fund since the Federal incentives to spur entrepre­ By Mr. SASSER to amend the Feder­ rious criminal activity." SASSER, LEVIN, and LIEBERMAN are al Aviation Act of 1958 to prohibit dis­ As a result of this fraud and abuse, original cosponsors of the resolution. I crimination against blind individuals Mr. President, the FBI and U.S. attor­ urge my colleagues to join us in this in air travel, as follows: neys are facing a heavy workload. The effort.e On page 2, strike lines 1-8 and insert in FBI has received more than 20,000 re­ lieu thereof the following: ferrals involving fraud in the financial "That this Act may be cited as the "Air services industry that the Bureau has Travel Rights Act of 1990". been unable to examine. More than "SEc. 2. Section 404 of the Federal Avia­ SENATE RESOLUTION 229-EX- tion Act of 1958 (49 App. U.S.C. 1374(c)) is 1,000 of these cases are major that in­ amended by adding a subparagraph <3> at volve losses of more than $100,000. As PRESSING GRATITUDE TO EUNICE KENNEDY SHRIVER the end thereof as follows: of February, the Bureau also had "'(3) An air carrier shall make available about 7,000 active pending bank fraud Mr. MITCHELL (for himself, Mr. seating in the exit rows of air carrier air­ and embezzlement cases, some 3,000 of craft in a safe and non-discriminatory which were major. More than 900 of DOLE, Mr. Donn, and Mr. DUREN­ manner as follows: no person may be denied the pending cases and more than 200 BERGER) submitted the following reso­ seating in such rows unless it is likely that of the unaddressed referrals involve lution; which was considered and such person would be unable to perform one losses greater than $1 million. agreed to: or more of the following functions without Clearly the Department of Justice assistance in the event of an emergency: S. RES. 299 " '( 1) Locate the emergency exit; faces a large caseload and it is growing "'(2) Recognize the emergency exit open­ rapidly. Mr. Timothy Ryan, the new Whereas Eunice Kennedy Shriver, ing mechanism; Director of the Office of Thrift Super­ through the establishment of Special Olym­ "'<3> Comprehend the instructions for op­ vision, recently informed me that bank pics and her pioneering efforts on behalf of erating the emergency exit; and thrift regulators were sending the people with mental retardation, has united "'<4> Operate the emergency exit; Department of Justice 8,000 referrals the world in understanding the great "'(5) Assess whether opening the emer­ per month regarding civil and criminal human potential in all people; gency exit will increase the hazards to violations and that there were now Whereas Eunice Kennedy Shriver, which passengers may be exposed; through her life work, has created a new "'<6> Follow oral directions and hand sig­ 80,000 cases pending. These numbers nals given by a crewmember; are astounding and cannot be ignored. consciousness that people with mental dis­ abilities have the inalienable right to live, "'<7> Stow or secure the emergency exit Last year FIRREA authorized $75 learn, work and play in an environment of door so that it will not impede use of the million annually for 3 years to investi­ equality, respect and acceptance; exit; gate and prosecute financial institu­ "'(8) Assess the condition of an escape tion crimes. However, the administra­ Whereas Special Olympics-founded on slide, activate the slide, and stabilize the tion requested only $50 million for the the conviction that people with mental dis­ slide after deployment to assist others in abilities benefit physically, mentally, social­ getting off the slide; current fiscal year. The $50 million ly and spiritually from sports training and "'(9) Pass expeditiously through the provided for fiscal year 1990 was used competition-has strengthened families, in­ emergency exit; and to increase staff in FBI and U.S. attor­ spired volunteers and united the world com­ " 'OO> Assess, select, and follow a safe neys' offices throughout the country. munity at large, through both participation path away from the emergency exit. Unfortunately, the funding was inad­ and observation; " 'In making any decision to deny seating equate. The personnel added with the Whereas Special Olympics, through the under this subparagraph, an air carrier $50 million do not meet the staffing universal medium of sport, encourages all must first determine that it is unlikely that needs identified in a recent FBI its participants to recognize individual the person would be unable to perform a achievement by extending the limits of per­ function unassisted because- survey. In this survey, FBI and U.S. " '0> The person lacks sufficient mobility, attorneys' offices requested 224 more sonal potential; strength, or dexterity in both arms and FBI agents, 113 more assistant U.S. at­ Whereas the Spirit of Special Olympics­ hands, and both legs: skill, courage, sharing and joy-incorporates " '(i) To reach upward, sideways, and torney positions, and 142 more support universal values which transcend all bound­ downward to the location of emergency exit staff positions than the agencies re­ aries of geography, nationality, political and exit-slide operating mechanisms; ceived. philosophy, gender, age, race or religion; " '(ii) To grasp and push, pull, turn, or I am convinced that we need to pro­ Whereas Eunice Kennedy Shriver's otherwise manipulate those mechanisms; vide our law enforcement agencies energy, commitment and love have been the " '(iii) To push, shove, pull, or otherwise open emergency exits; with additional resources to investi­ guiding spirit of the Special Olympics since she created it twenty-two years ago: Now, " '(iv) To lift out, hold, deposit on nearby gate and prosecute criminal activity in therefore, be it seats, or maneuver over the seatbacks to the next row objects the size and weight of over­ the S&L industry that contributed to Resolved, That the United States Senate, taxpayer losses. At a minimum, we wing window exit doors; upon the announcement of her decision to "'(v) To remove obstructions similar in must seek the full resources author­ step down as Chairman of Special Olympics size and weight to over-wing exit doors; ized by FIRREA. I will continue to International, expresses its admiration, sup­ "' To reach the emergency exit expedi­ pursue this goal. port and gratitude to Eunice Kennedy tiously; My resolution would send an impor­ Shriver for her dedicated efforts as a pio­ " '(vii) To maintain balance while moving neer leader of sport and for her vision in obstructions; tant message to the American people, blazing a trail of dignity, hope and respect "' To stabilize an escape slide after de­ those involved in the financial services throughout America and the world. ployment; or June 8, 1990 CONGRESSIONAL RECORD-SENATE 13491 "'(x) To assist others in getting off an SD-366 of the Senate Dirksen Office concessions to China's authoritarian escape slide; Building in Washington, DC. government. On two occasions last " '(2) The person is less than 15 years of The purpose of the hearing is to re­ year, President Bush sent National Se­ age or lacks the capacity to perform one or more of the applicable functions listed ceive testimony on S. 2680, a bill to curity Adviser Brent Scowcroft and above without the assistance of an adult provide for the relief of certain per­ Deputy Secretary of State Lawrence companion, parent, or other relative; sons in Stone County. AR, deprived of Eagleburger to meet with China's "'(3) The person lacks the ability to read property as a result of a 1973 depend­ leaders-the same butchers of Beijing and understand instructions related to the ent resurvey by the Bureau of Land who ordered the massacre. Because emergency evacuation provided by the air Management. the American people would not have carrier in printed, handwritten, or graphic Because of the limited time available supported such a mission while form or the ability to understand oral crew for the hearing, witnesses may testify commands in the English language; China's brave students were being "'(4) The person lacks sufficient visual ca­ by invitation only. However, anyone jailed, the first trip was made in pacity to perform one or more of the appli­ wishing to submit written testimony to secret. cable functions listed above without the as­ be included in the hearing record is Furthermore, earlier this year, Presi­ sistance of visual aids beyond contact lenses welcome to do so. Those wishing to dent Bush vetoed legislation which or eyeglasses; submit written testimony should send would have extended visas for Chinese "'(5) The person lacks sufficient aural ca­ two copies to the Subcommittee on students studying in America who felt pacity to hear and understand instructions Public Lands, National Parks and For­ threatened by returning to a post­ shouted by flight attendants, without assist­ ests, SD-364, Washington, DC 20510. ance beyond a hearing aid; Tiananmen Square China. Although "'(6) The person lacks the ability ade­ For further information regarding in the face of severe criticism Presi­ quately to impart information orally to the hearing, please contact Tom Wil­ dent Bush finally issued an executive other passengers; or liams of the subcommittee staff at order allowing Chinese students to "'(7) The person has: (202) 224-7145. remain in the United States, Beijing " '(i) A conditioning or responsibilities, still thumbed its nose at our country such as caring for small children, that by placing new restrictions on students might prevent the person from performing ADDITIONAL STATEMENTS one or more of the applicable functions seeking to study abroad. listed above; or The United States must not make " '(ii) A condition that might cause the CHINA AND MFN any further concessions. We can, how­ person harm if he or she performs one or • Mr. RIEGLE. Mr. President, last ever, play a constructive role by con­ more of the applicable functions listed year, on June 4, thousands of unarmed tinuing to make clear to China that above.'". Chinese students were killed in the any improvements in relations require massacre at Tiananmen Square. This that it demonstrate a respect for the NOTICES OF HEARINGS brutal act of repression of the human fundamental rights and liberties of its spirit by the Chinese Government has citizens. SUBCOMMITTEE ON WATER AND POWER been indelibly eteched on the Chinese Still, the administration has decided Mr. BRADLEY. Mr. President, I consicousness and will never be forgot­ to grant most favored nation trade ad­ would like to announce for the public ten. vantages to the Chinese Government that a hearing has been scheduled In the 12 months that have passed without any progress on its human before the Subcommittee on Water since Chinese troops fired on the pro­ rights record. This sends precisely the and Power of the Senate Committee democracy demonstrators, events in wrong message at the wrong time. on Energy and Natural Resources to China have not improved. The respect­ Until China releases the thousands of receive testimony on S. 1765, the Mid­ ed human rights organization Asia political prisoners held in the wake of Dakota Rural Water System Act of Watch reports that "anywhere be­ the Beijing massacre, we should not 1989, and S. 2710, a bill to authorize tween 10,000 and 30,000 people • • • unconditionally grant MFN status. By the Secretary of the Interior to con­ remain behind bars on account of renewing MFN, we are only empower­ struct the Lake Andes-Wagner and their pro-democracy activities last ing the hard-liners, such as Li Peng, Marty II Units in South Dakota. summer." There have also been 40 an­ by showing international support for The hearing will take place on June nounced executions of demonstrators their policies. And, even if we are con­ 19, 1990, at 9:30 a.m., in room SD-366 and possibly 70 more secret execu­ cerned with the impact upon United of the Dirksen Senate Office Building, tions. In addition, torture has been States-Chinese relations, we must real­ Washington, DC. widely used to extort confessions for ize that granting MFN is an expres­ Because of the limited time available crimes which protestors did not sion of tacit support for the failed for the hearing, witnesses may testify commit. Even Chinese students in policies of Beijing's which have cursed by invitation only. However, anyone America have been monitored and har­ China with economic stagnation. wishing to submit written testimony to assed, reportedly by Chinese officials. Any attempt to gain good will from be included in the hearing record is In Eastern Europe, the revolutions China's octogenarian leaders by grant­ welcome to do so. Those wishing to of 1989 were remarkable because they ing MFN is also bound to backfire. Be­ submit written testimony should send represented a worldwide trend toward cause Li Peng and Deng Tsiao Ping two copies to subcommittee, SD-364, democracy. During 1989, only in have reached the twilight of their Washington, DC 20510. China, did such a revolutionary event lives, any political benefit President For further information, please con­ slow the pace of democratic change. Bush could possibly extract will neces­ tact Tom Jensen, counsel for the sub­ America must not encourage these sarily be short lived. committee at (202) 224-2366. negative developments which have en­ America must recognize that by SUBCOMMITTEE ON PUBLIC LANDS, NATIONAL veloped China in the wake of the granting MFN, we are subjugating the PARKS AND FORESTS Tiananmen Square tragedy. Unfortu­ lasting values of freedom and democ­ Mr. BUMPERS. Mr. President, I nately, rather than promoting recon­ racy to the financial expediency of the would like to announce for the public ciliation between Chinese authorities moment. that a hearing has been scheduled and the Chinese people, the United While I welcome the Chinese Gov­ before the Subcommittee on Public States Government, through its ac­ ernment's recent release of about 300 Lands, National Parks and Forests of tions, has emboldened the Chinese au­ prisoners, this improvement is primar­ the Committee on Energy and Natural thorities to pursue their heavy­ ily in appearance. It should not divert Resources. handed, inhumane policies. our attention from the thousands still The hearing will take place on June Reversing a firm early stand, the held in prison or those tortured or 21, 1990, beginning at 2 p.m., in room Bush administration has made several killed for only their political views. 13492 CONGRESSIONAL RECORD-SENATE June 8, 1990 On Sunday, June 3, hundreds of begin efforts to correct the past uct-degradable plastics made from people gathered at a rally in Detroit, damage to the environment and mini­ corn. In the future we will see the de­ MI, to remind the Nation of the events mize any future damage in order to velopment of other alternative uses of of 1 year ago and the continuing re­ provide a better place to live when agricultural commodities such as etha­ pressive policies of China. Although I they are the leaders of this country. nol and soybean oil ink. was unable to attend this important Mr. President, we must listen to stu­ We have always relied on agricultur­ event, I stand firmly behind those in dents like those at Lake Region Union al research to find ways to increase Michigan and around the country -who High School, for they are our future the volume of good that we produce. would like to see the United States and will inherit the imprints we leave Now we are calling upon our research take a firmer stand in our relations on the Earth. scientists to find ways to improve the with China. The resolution follows: safety and quality of the food we America must be staunch in its sup­ EARTH DAY RESOLUTION: LAKE REGION produce. Today, new methods in bio­ port for human rights in China. Only UNION HIGH SCHOOL, ORLEANS, VT technology are emerging as practical by reversing the failed policies of the We, the students and staff of Lake Region tools for development of plants and Bush administration, can the United Union High School, recognize that we and animals with improved nutrient con­ States be true to its values while help­ all living beings depend upon the Earth. We tent. ing the prodemocracy demonstrators must recognize that we share a common bond, and go beyond acting only for selfish In our changing world, we have an still in jail. or personal reasons. We must recognize the increasing need to turn to agriculture Today, the situation in China may things that we are doing that are making to generate a sufficient, safe supply of appear calm and orderly on the sur­ the Earth uninhabitable, for people and for food and fiber and at the same time face, but we know that the Chinese many species of life. We must accept re­ carry out responsible stewardship of people are anything but calm. The sponsbility for the actions that we take, and our natural resources. Agricultural re­ memory of last year's tragedy is still develop common principles that will shape searchers will have the lead in finding vivid in the minds of millions of Chi­ our future in harmony with the Earth. We call upon our representatives in the answers to environmental problems nese. While this notion of freedom and national government to: make concern for such as global warming and solid democracy burns within the hearts the maintenance and protection of our envi­ waste management. Research into al­ and minds of China's youth, true ronment a first consideration when discuss­ ternative methods of agriculture will emancipation for China cannot be ing legislation; call for the ban of all chemi­ show farmers ways to limit use of agri­ far.e cals harmful to the environment, or man­ cultural chemicals, thereby reducing date that provisions be developed and estab­ the potential for groundwater con­ lished for their safe disposal before they are EARTH DAY tamination while decreasing the cost able to be produced; demand strict enforce­ of production. e Mr. JEFFORDS. Mr. President, ment of all environmental laws, requiring that pollutors bear the financial burden for Declaring a National Agricultural during the recent celebration of the necessary clean-up and face punitive dam­ Research Week will reinforce the im­ 20th anniversary of Earth Day, efforts ages; provide generous incentives for the re­ portance of agricultural research and were made throughout this Nation to search and development of recyclable mate­ enable us to celebrate the richness heighten awareness of growing envi­ rials and renewable sources of energy; and, that the scientific community has ronmental problems facing this planet. increase our national investment in the given us.e From rallies to demonstration to com­ preservation of wilderness areas. munity projects, people worked to­ We call upon ourselves to: recognize that gether to encourage recycling, pollu­ our actions directly impact upon our neigh­ bors, and the global community; choose to ENROUTE WITH AN "EDUCATION tion prevention, and other important purchase recyclable and biodegradable prod­ PRESIDENT": NOTES AND initiatives needed to reverse degrada­ ucts, and avoid those that are not; partici­ QUOTES tion taking place on this Earth. pate in school and community recycling pro­ • Mr. SIMON. Mr. President, recent­ While people of all ages were in­ grams, and encourage our friends to also ly, Father John W. Donohue, S.J., an volved in Earth Day activities, a strik­ participate; and, be willing to speak out when we see others who are spoiling our en­ associate editor of American magazine, ing number of children and young wrote an article in that publication adults expressed recognition of the im­ vironment. All people, and all living beings, have the about where we are in the field of edu­ portance of this event and the need to right to a healthful environment. We recog­ cation. work now to protect the Earth's re­ nize that it is our duty to protect this right, It is not encouraging reading, and I sources for their future. I was truly for ourselves and for future generations.• do not know of anyone who follows impressed with the foresight of these the American scene today, who be­ students about the need for a unified lieves that we are in the kind of shape effort to reverse trends and habits NATIONAL AGRICULTURAL RESEARCH WEEK we ought to be. which cause harm to the evironment. You do not have to agree with every Toward that end, I would like to • Mr. GLENN. Mr. President, I am point expressed by Father Donohue to submit for the RECORD a resolution very happy to be a cosponsor of recognize that his implied call for im­ adopted by students at Lake Region Senate Joint Resolution 321, which proved quality is one we ought to Union High School in Orleans, VT. would designate the week of August 19 heed. Their resolution outlines goals for through 25, 1990, as "National Agricul­ I ask that it be printed in the Congress in regard to pollution pre­ tural Research Week." RECORD at this point. vention, education, enforcement, and Agricultural research has created an The article follows: preservation. Recognizing the implica­ incredible diversity of improved crops tions of individual choice, the students that resist drought and disease. It has [From American magazine, Apr. 7, 19901 call upon themselves to be better in­ increased production of our agricultur­ ENROUTE WITH AN "EDUCATION PRESIDENT": formed, to make intelligent choices al commodities and given us new and NOTES AND QUOTES and to participate in the decisionmak­ better machinery to aid in everything ing process. from preplanting to post-harvest. Both saints and poets-Ignatius Loyola, These students make up our future, The trend in agricultural research is for instance, and Robert Burns-have point­ and we must pay attention to their to find new ways to use the commod­ ed out that it is a blessing to see ourselves as others see us. The Jan. 13 issue of the Brit­ concerns about what this world will be ities we are now producing in abun­ ish Catholic weekly, The Tablet, provided like as they become adults, and what it dance. My own bill, S. 1237, the "De­ U.S. readers with just such a discomforting will be like for their children. Unfortu­ gradable Commodity Plastics Procure­ grace. In a review of a book by two U.S. nately, we cannot change what we ment and Standards Act of 1989," pro­ ecologists, The Tablet's Eastern European have done in the past, but we can motes the use of one such new prod- correspondent, Anatol Lieven, remarked June 8, 1990 CONGRESSIONAL RECORD-SENATE 13493 that these writers offer sensible suggestions and England were at the top of the list and able to read their own diplomas." The for reforming American education so as to the U.S. high school seniors at the bottom. public schools, he added, are a "failed mo­ make it more aware of environmental This international report card, said William nopoly," and one result is that U.S. business threats like the greenhouse effect. Then J. Bennett, who was U.S. Secretary of Edu­ and industry must each year hire one mil­ Mr. Lieven tossed in a parenthetical obser­ cation at that time, showed that U.S. stu­ lion workers "who can't read, write or vation of his own: "Whether the political in­ dents, compared with those of the other count," and then spend $25 billion annually stitutions of the United States still possess countries, were not only not improving, but teaching these innocents those basic skills. enough coherence to carry out educational doing worse: "They're in reverse and going A little more than a year later, Paul A. or any other major reforms seems, however, downhill." Volcker, former chairman of the Federal very doubtful." The outlook was not much brighter in the Reserve, was complaining about the danger Stung by a criticism they cannot quite dis­ non-scientific humanities. The common of economic illiteracy. He presided over a miss, many Americans might concede that schooling that is supposedly shared by all press conference called to announce the re­ Mr. Lieven has a point, but President Americans requires much more than science sults of a survey sponsored in the spring of George Bush certainly would not. He is so and mathematics. For instance, since public 1988 by the Joint Council on Economic Edu­ sure the schools can be reformed that he schools do not include the study of religion cation. The 8,205 high school students who has set a timetable for this revolution. in their curriculum, they should presumably took a multiple-choice test dealing with In his 1988 campaign speeches, Mr. Bush want to take special care with the teaching basic economic concepts did so poorly that regularly said, "I do want to be the educa­ of literature and history because these sub­ Mr. Volcker, who did say that he himself tion President ... to make us No. 1 in edu­ jects, besides being of first importance had not studied economics in high school, cation all around the world." Two days themselves, can easily make room for some concluded: "The news is not good if you be­ before his inauguration, he assured a group reflection on moral values. Yet here too lieve that a basic understanding of our eco­ of teachers visiting Washington that he still U.S. teen-agers appear to be guided by the nomic system is important if this country is meant what he had said: "Education will be warning of Ecclesiastes: "In much wisdom indeed to be effective in what everyone real­ on my desk and on my mind right from the there is much sorrow, and he who stores up izes is a period of global competition." start every day." Perhaps it will, because knowledge stores up grief" 0:18). Not that the young are reassuringly con­ the President's concern is utilitarian. He Such at least is the dismal news from the versant even with highly publicized global told several hundred business leaders meet­ National Assessment of Educational affairs. During "America's Kids: Why They ing in Washington last June: "You know the Progress